Legal Dictionary

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-AAbandon. It means, in its ordinary sense, to forsake entirely; to forsake

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

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

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

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Aberratio ictus. Crim. Law. Lat. Mistake in the blow, characterized by
aiming at one but hitting the other due to imprecision in the blow.
[People v. Sabalones, GR 123485. Aug. 31, 1998]. Compare with Error
in personae.
Aberratio ictus. Also Error en la persona. Crim. Law. Lat. 1. Mistake
in the identity of the victim. [People v. Pinto, GR 39519. Nov. 21,
1991]. 2. Miscarriage of the blow. [People v. Atillano, GR 109131-33.
Oct. 3, 1994].
Abet. The act of encouraging or inciting another to do a certain thing,
such as a crime. [Duhaime's Legal Dict., 2004].
Ability to read intelligently. The capacity to know or apprehend; to
discover or understand by characters, marks, features, etc.; to gather
the meaning. [Morenos Law Dict., 2000 Ed., p. 2].
Ab inconveniente. From hardship, from what is inconvenient.
[Claridades, A., Compilation of Notes, 2001-2006].
Ab initio. Lat. From the start (or beginning). [Duhaime's Legal Dict.,
2004].
Abogado. Sp. Lawyer or attorney- at-law. That class of persons who are
by license officers of the courts, empowered to appear, prosecute and
defend, and upon whom peculiar duties, responsibilities and liabilities
are developed by law as a consequence. [Cui v. Cui, GR L-18727. Aug.
31, 1964].
Abolition of a position. It does not involve or mean removal for the
reason that removal implies that the post subsists and that one is
merely separated therefrom. [Arao v. Luspo, 20 SCRA 722 (1967)].
Abortion. The knowing destruction of the life of an unborn child or the
intentional expulsion or removal of an unborn child from the womb
other than for the principal purpose of producing a live birth or
removing a dead fetus. [Black's Law Dict., Abr., 5th Ed., p. 2].
Abortion. Elements: (a) That there is a pregnant woman who has
suffered an abortion; (b) that the abortion is intended; and (c) that the
abortion is caused by (1) the pregnant woman herself; (2) any other

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person, with her consent; or (3) any of her parents, with her consent
for the purpose of concealing her dishonor. [Under Art. 258, RPC].
Abortionist. A person who criminally produces abortions, or one who
follows the business or practices the crime of producing abortion.
[Black's Law Dict., Abr., 5th Ed., p. 2].
Abortion practiced by a physician or midwife and dispensing of
abortives. Crim. Law. The felony committed by any physician or
midwife who, taking advantage of their scientific knowledge or skill,
shall cause an abortion or assist in causing the same, or by any
pharmacist who, without the proper prescription from a physician, shall
dispense any abortive. [Art. 259, RPC].
Abortion practiced by the woman herself or by her parents. Crim.
Law. The felony committed by a woman who shall practice abortion
upon herself or shall consent that any other person should do so, or by
the parents of the pregnant woman or either of them, and they act with
the consent of said woman for the purpose of concealing her dishonor.
[Art. 258, RPC].
About. Near in time, quantity, number, quality or degree. Substantially,
approximately, almost, or nearly. [Morenos Law Dict., 2000 Ed., p. 3].
Ab posse ad actu non vale illatio. Lat. "A proof that an act could have
been done is no proof that it was actually done." [Roman Cath. Bishop
of Malolos v. IAC, GR 72110. Nov. 16, 1990].
Abrasion. A scrapping or rubbing off. [Morenos Law Dict., 2000 Ed., p.
3].
Absence. The legal status of a person who has absented himself from
his domicile and whose whereabouts and fate are unknown, it not
being known with certainty whether he is still living or not. [Jurado,
Civil Law Reviewer, 19th Ed. (1999), p. 260]. See Provisional
absence and Declared absence.
Absentee. A person whose whereabouts and existence are not known in
the sense of the law allowing a subsequent marriage and for purposes
of administration of the estate of the absentee and of succession.
[Bench Book for Trial Court Judges, p. 3-4].

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

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

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

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charged with the care and custody of prisoners or persons under arrest
who shall solicit or make immoral or indecent advances to a woman
under his custody. [Art. 245, RPC].
Abusos deshonestos. Sp. Abuse of chastity. [US v. Mendez, GR
L-6483. Mar. 11, 1911].
Academic failure. An academic subject in which the student has failed.
[Morenos Law Dict., 2000 Ed., p. 4].
Academic freedom. The right of the school or college to decide for
itself, its aims and objectives, and how best to attain them - free from
outside coercion or interference save possibly when the overriding
public welfare calls for some restraint. It has a wide sphere of
autonomy certainly extending to the choice of students. [Univ. of San
Agustin v. CA, GR 100588. Mar. 7, 1994].
Academic non-teaching personnel. Those persons holding some
academic qualifications and performing academic functions directly
supportive of teaching, such as registrars, librarians, research
assistants, research aides, and similar staff. [Sec. 6, BP 232].
Accelerated judgment. See Summary judgment.
Accelerated training. Basic skills training of a short-term nature for
jobs with a defined level of qualifications. This usually refers to a rapid
paced, condensed vocational training to fill immediate manpower
needs. [Sec. 1, Rule 1, Book 2, IRR of LC].
Acceleration clause. 1. A clause which renders the whole debt due and
demandable upon the failure of the obligor to comply with certain
conditions. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A
clause in a contract that states that if a payment is missed, or some
other default occurs (such as the debtor becoming insolvent), then the
contract is fully due immediately. This is a typical clause in a loan
contract; miss one payment and the agreement to pay at regular
intervals is voided and the entire amount becomes due and payable
immediately. [Duhaime's Legal Dict., 2004].
Acceptance. Civ. Law. 1. The manifestation by the offeree of his assent
to the terms of the offer which must in other words meet or be
identical at all points of the offer. [Diaz, Bus. Law Rev., 1991 Ed., p.

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65]. 2. The taking and receiving of anything in good faith with the
intention of retaining it. [Glossary of Legal Terms (Pro-Se), 2004].
Acceptance. 1. Nego. Inst. An acceptance completed by delivery or
notification. [Sec. 191, NIL]. 2. Succ. The act by virtue of which an heir,
legatee or devisee manifests his desire in accordance with the
formalities prescribed by law to succeed to the inheritance, legacy or
devise. 3. It may be an express acceptance made in a public or private
document, or a tacit acceptance resulting from acts by which the
intention to accept is necessarily implied, or which one would have no
right to do except in the capacity of an heir. [Art. 1049, CC]. Compare
with Repudiation.
Acceptance for honor. Nego. Inst. An undertaking by a stranger to a
bill after protest for the benefit of any party liable thereon or for the
honor of the person whose account the bill is drawn which acceptance
inures also to the benefit of all parties subsequent to the person for
whose honor it is accepted, and conditioned to pay the bill when it
becomes due if the original drawee does not pay it. [Claridades, A.,
Compilation of Notes, 2001-2006].
Acceptance of a bill. Nego. Inst. The signification by the drawee of his
assent to the order of the drawer; this may be done in writing by the
drawee in the bill itself, or in a separate instrument. [Prudential Bank v.
IAC, GR 74886. Dec. 8, 1992].
Accepted unilateral promise. An offer which specifies the thing to be
sold and the price to be paid and, when coupled with a valuable
consideration distinct and separate from the price, is what may properly
be termed a perfected contract of option. This contract is legally
binding, and in sales, it conforms with the second paragraph of Art.
1479 of the Civil Code. [Equatorial Realty v. Mayfair Theater, GR
106063. Nov. 21, 1996].
Access device. Any card, plate, code, account number, electronic serial
number, personal identification number, or other telecommunications
service, equipment, or instrumental identifier, or other means of
account access that can be used to obtain money, good, services, or
any other thing of value or to initiate a transfer of funds (other than a
transfer originated solely by paper instrument). [Sec. 3, RA 8484].

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Access device fraudulently applied for. Any access device that was
applied for or issued on account of the use of falsified document, false
information, fictitious identities and addresses, or any form of false
pretense or misrepresentation. [Sec. 3, RA 8484].
Access Devices Regulation Act of 1998. RA 8484 entitled An Act
regulating the issuance and use of access devices, prohibiting
fraudulent acts committed relative thereto, providing penalties and for
other purposes enacted on Feb. 11, 1998.
Accessio cedit principali. Lat. The accessory follows the principal.
Accession. 1. Intl. Law. The process whereby a non-signatory State
later becomes a party to a treaty. [Suarez, Pol. Law Reviewer, 1st Ed.,
2002, pp. 1061-1062]. 2. Property. The right to all which ones own
property produces, and the right to that which is united to it by
accession, either naturally or artificially. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 6].
Accession continua. The acquisition of ownership over a thing
incorporated to that which belongs to the owner. [Tolentino, Civil Code
of the Phil., Vol. II, Repr. 2001, p. 98].
Accession discreta. The extension of the right of ownership to the
products of a thing. [Tolentino, Civil Code of the Phil., Vol. II, Repr.
2001, p. 98].
Accessions. Fruits of a thing or additions or improvements upon a thing,
or the right pertaining to the owner of a thing over its products and
whatever is incorporated thereto, either naturally or artificially. [Diaz,
Bus. Law Rev., 1991 Ed., p. 5].
Accessories. Property. Things joined to the principal thing for the
latters embellishment or to make the latter more perfect. [Diaz, Bus.
Law Rev., 1991 Ed., p. 5].
Accessory. Crim. Law. 1. A person who, having knowledge of the
commission of the crime, and without having participated therein,
either as a principal or an accomplice, takes part subsequent to its
commission by concealing or destroying the body of the crime, or the
effects or instruments thereof in order to prevent its discovery. [Art. 19,

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RPC]. 2. A person who assists in the commission of a crime, either
before or after the fact. [Jurists Legal Dict., 2004].
Accessory obligation. An obligation attached to a principal obligation
in order to complete the same or take its place in the case of breach.
[SSS v. Moonwalk, GR 73345. Apr. 7, 1993, citing 4 Puig Pea Part 1 p.
76].
Accident. An event that takes place without one's foresight or
expectation, an event that proceeds from an unknown cause, or is an
unusual effect of a known case, and therefore not expected. An
accident is an event which happens without any human agency or, if
happening through human agency, an event which, under the
circumstances, is unusual to and not expected by the person to whom
it happens. It has also been defined as an injury which happens by
reason of some violence or casualty to the insured without his design,
consent, or voluntary cooperation. [Sun Ins. v. CA, GR 92383. July 17,
1992].
Accident. Elements: (a) performance of a lawful act; (b) with due care;
(c) producing an injury by mere accident; and (d) without any fault or
intention of causing it. [People v. Utrela, GR L-38172. July 15, 1981,
citing Art. 12, RPC].
Accidental. That which happens by chance or fortuitously, without
intention and design and which is unexpected, unusual and unforeseen.
[Moreno, Phil. Law Dict., 1972 Ed., p. 7, citing De La Cruz v. Capital
Ins., 17 SCRA 559].
Accidental spills. Spills of oil or other hazardous substances in water
that result from accidents involving the carriers of such substance such
as collisions and grounding. [Sec. 62, PD 1152].
Accident insurance. See Casualty insurance.
Accin de reivindicacion. See Accin reivindicatoria.
Accin in rem versum. Requisites: (a) One party must be enriched and
the other made poorer; (b) there must be a casual relation between the
two; (c) the enrichment must not be justifiable; (d) there must be no
other way to recover; and (e) the indemnity cannot exceed the loss or
enrichment, whichever is less. [Under Art. 22, CC].

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Accin interdictal. See Accion publiciana.
Accin pauliana. Also Rescissory action. [Arts. 1177 and 1381, CC].
Accin publiciana. Also Accin interdictal. 1. The plenary action to
recover the right of possession when dispossession was effected by
means other than those mentioned in Rule 70 of the Rules of Court.
Under these circumstances, a plenary action may be brought before the
RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action
where plaintiff merely alleges proof of a better right to possess without
claim of title. [Javier v. Veridiano, GR L-48050. Oct. 10, 1994].
Accin quanti minoris or estimatoria. An action to demand a
proportionate reduction of the price, with damages. [Art. 1567, CC].
Accin reinvindicatoria. Also Accin de reinvindicacion. 1. An
action to recover ownership, including the recovery of possession,
which should be filed in the RTC. [Jalbuena De Leon v. CA, GR 96107.
June 19, 1995]. 2. Action whereby plaintiff alleges ownership over a
parcel of land and seeks recovery of its full possession. [GR L-48050.
Oct. 10, 1994 ].
Accin subrogatoria. Also Subrogatory action. [Art. 1177, CC; See
also Arts. 1729 and 1893, CC].
Accommodation. Nego. Inst. A legal arrangement under which a
person called the accommodation party lends his name and credit to
another without any consideration. [Claridades, A., Compilation of
Notes, 2001-2006].
Accommodation guarantor. Nego. Inst. A person who signs on the
back of a note as such and who is therefore only secondarily liable.
Accommodation maker. Nego. Inst. A person primarily liable on the
instrument, even though he adds the word surety to his signature or
the fact that he signed for accommodation is known to the holder.
Accommodation note. Nego. Inst. A note to which the accommodating
party has put his name without consideration for the purpose of

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accommodating some other party who is to use it and is expected to
pay it. [Maulini v. Serrano, GR 8844. Dec. 16, 1914].
Accommodation party. Nego. Inst. 1. A person one who has signed an
instrument as maker, drawer, acceptor of indorser without receiving
value therefor, but is held liable on the instrument to a holder for value
although the latter knew him to be only an accommodation party. [Sec.
29, NIL]. 2. A person liable on the instrument to a holder for value,
notwithstanding such holder, at the time of the taking of the instrument
knew him to be only an accommodation party. In lending his name to
the accommodated party, the accommodation party is in effect a surety
for the latter. He lends his name to enable the accommodated party to
obtain credit or to raise money. He receives no part of the
consideration for the instrument but assumes liability to the other
parties thereto because he wants to accommodate another. [Phil. Bank
of Commerce v. Aruego, 102 SCRA 530, 539, 540].
Accommodation party. Requisites: To be an accommodation party, a
person must (a) be a party to the instrument, signing as maker,
drawer, acceptor, or indorser, (b) not receive value therefor, and (c)
sign for the purpose of lending his name for the credit of some other
person. [Crisologo-Jose v. CA, GR 80599. Sep. 15, 1989].
Accomplice. 1. A person who, not being principal as defined in Art. 17
of the Rev. Penal Code, cooperates in the execution of the offense by
previous or simultaneous acts [Art. 18, RPC]. 2. A partner in a crime; A
person who knowingly and voluntarily participates with another in a
criminal activity. [Glossary of Legal Terms (Pro-Se), 2004].
Accomplice. Requisites to be considered as such: (a) Community of
design, i.e., knowing that criminal design of the principal by direct
participation, he concurs with the latter in his purpose; (b) he
cooperates in the execution of the offense by previous or simultaneous
acts; and, (c) there must be a relation between the acts done by the
principal and those attributed to the person charged as accomplice.
[People v. Jorge, GR 99379. Apr. 22, 1994].
Accord. See Agreement.
Accountancy practice. It shall constitute in a person, be it in his
individual capacity, or as a partner or staff member in an accounting or
auditing firm, holding out himself as one skilled in the knowledge,

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science, and practice of accounting, and as qualified to render
professional services as a certified public accountant; or offering or
rendering, or both, to more than one client on a fee basis or otherwise,
services such as the audit or verification of financial transactions and
accounting records; the preparation, signing, or certification for clients
of reports of audit, balance sheets, and other financial accounting and
related schedules, exhibits, statements, or reports which are to be used
for publication or for credit purposes, or to be filed with a court or
government agency, or to be used for any other purpose; the
installation and revision of accounting system, the preparation of
income tax returns when related to accounting procedures; or when he
represents clients before government agencies on tax matters related
to accounting or renders professional assistance in matters relating to
accounting procedures and the recording and presentation of financial
facts or data. [Sec. 3, PD 692].
Account stated. An account rendered to a debtor who receives it
without objection and who promises to pay it. As such, its correctness
can no longer be impeached except for fraud and mistake. [Morenos
Law Dict., 2000 Ed., p. 8].
Accredit. To acknowledge. [GSIS v. CSC, GR 98395. Oct. 28, 1994].
Accredited dual training system agricultural, industrial and
business establishments. Also Agricultural, industrial and
business establishments. A sole proprietorship, partnership,
corporation or cooperative which is duly recognized and authorized by
the appropriate authority to participate in the dual training system
educational institution. [Sec. 4, RA 7686].
Accredited dual training system educational institution/training
center. A public or private institution duly recognized and authorized
by the appropriate authority, in coordination with the business and
industry, to participate in the dual training system. [Sec. 4, RA 7686].
Accredited employees' organization. A registered organization of the
rank-and-file employees recognized to negotiate for the employees in
an organizational unit headed by an officer with sufficient authority to
bind the agency. [EO 180].

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Accretion. Intl. Law. The increase in the land area of the state, either
through natural means or artificially through human labor. [Sandoval,
Pol. Law Reviewer 2003].
Accretion. Property. 1. A mode of acquiring property under Art. 457 of
the Civil Code. 2. The increase or accumulation of land by natural
causes, as out of a lake or river. [Glossary of Legal Terms (Pro-Se),
2004]. 3. The imperceptible and gradual addition to land by the slow
action of water. [Duhaime's Legal Dict., 2004]. Intl. Law. 2. A mode of
adding to the territory of a state by natural process, such as the
gradual deposit of soil on the coast through the action of the water, or
by human labor, as exemplified by the reclamation projects on Manila
Bay and the polders of the Netherlands. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 71]. See Alluvion.
Accretion. Property. Requisites: (a) That the deposition of soil or
sediment be gradual and imperceptible; (b) that it be the result of the
action of the waters of the river (or sea); and (c) that the land where
accretion takes place is adjacent to the banks or rivers (or the sea
coast). [Meneses v. CA, 246 SCRA 374 (1995)].
Accretion. Succ. A right by virtue of which, when two or more persons
are called to the same inheritance, devise or legacy, the part assigned
to the one who renounces or cannot receive his share, or who died
before the testator, is added or incorporated to that of his co-heirs,
co-devisees, or co-legatees. [Art. 1015, CC].
Accumulated depreciation on appraisal. Also termed as Observed
depreciation. The accumulated depreciation based on the appraised
or appraisal value per appraiser's report. [RCPI v. Natl. Wages Council,
GR 93044. Mar. 26, 1992].
Accused. The name for the defendant in a criminal case. [Jurists Legal
Dict., 2004].
Acknowledged natural children. Natural children duly acknowledged
or recognized by the father and mother jointly, or by only one of them.
Acknowledgment. A formal declaration before an authorized official by
the person who executed an instrument that it is his free act and deed;

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the certificate of the official on such instrument attesting that it was so
acknowledged. [Glossary of Legal Terms (Pro-Se), 2004].
A contrario. Lat. On the contrary. [People v. Flores, 237 SCRA 662].
A contrario sensu. Lat. From the contrary sense. [Claridades, A.,
A converso. Lat. Conversely. [Claridades, A., Compilation of Notes,
2001-2006].
Acquiescence. 1. Action or inaction which binds a person legally even
though it was not intended as such. [Duhaime's Legal Dict., 2004]. 2.
Allowing too much time to pass since a person had knowledge of an
event which may have allowed him to have legal recourse against
another, implying that he waived his rights to that legal recourse.
Acquire. To gain by any means, usually by ones own exertions. To take
on as a part of ones nature or qualifications. To attain, procure, win,
earn, secure or obtain. [Morenos Law Dict., 2000 Ed., p. 9].
Acquired asset corporation. A corporation: (a) which is under private
ownership, the voting or outstanding shares of which were: (i)
conveyed to the Government or to a government agency,
instrumentality or corporation in satisfaction of debts whether by
foreclosure of otherwise, or (ii) duly acquired by the Government
through final judgment in a sequestration proceeding; or (b) which is a
subsidiary of a government corporation organized exclusively to own
and manage, or lease, or operate specific physical assets acquired by a
government financial institution in satisfaction of debts incurred
therewith, and which in any case by law or by enunciated policy is
required to be disposed of to private ownership within a specified
period of time. [Sec. 2, RA 7656].
Acquired Immune Deficiency Syndrome (AIDS). A condition
characterized by a combination of signs and symptoms, caused by HIV
contracted from another person and which attacks and weakens the
body's immune system, making the afflicted individual susceptible to
other life-threatening infections. [Sec. 3, RA 8504].

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Acquisitive prescription. Civ. Law. The acquisition of ownership and
other real rights through the lapse of time. [Claridades, A., Compilation
of Notes, 2001-2006].
Acquisitive prescription. Civ. Law. Requisites: For prescription to set
in, the possession must be: (a) adverse, (b) continuous, (c) public and
(d) to the exclusion of all. [Corpuz v. Padilla, GR L-18099 & L-18136.
July 31, 1962].
Acquittal. 1. It is always based on the merits, that is, the defendant is
acquitted because the evidence does not show that defendant's guilt is
beyond reasonable doubt; but dismissal does not decide the case on
the merits or that the defendant is not guilty. [Malanyaon v. Lising, GR
L-56028. July 30, 1981]. 2. The legal certification of the innocence of a
person who has been charged with a crime, setting the person free
from a charge of guilty by a finding of not guilty. [Jurists Legal Dict.,
2004]. 3. A release, absolution, or discharge of an obligation or liability.
In criminal law the finding of not guilty. [Glossary of Legal Terms
(Pro-Se), 2004]. Compare with Dismissal.
Act. Crim. Law. As used in Art. 3 of the Rev. Penal Code, the term must
be understood as "any bodily movement tending to produce some
effect in the external world." [People v. Gonzales, GR 80762. Mar. 19,
1990].
Act. Intl. Law. Sometimes termed a Final act or Protocol de cloture,
it is an instrument which records the summary of a diplomatic
conference. It reproduces the treaties, conventions or resolutions
agreed upon by the participants of the conference. This is also termed
as a General act. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p.
492].
Act. Pol. Law. 1. An expression of will or purpose. It may denote
something done as a legislature, including not merely physical acts, but
also decrees, edicts, laws, judgments, resolves, awards, and
determinations. [Garcia v. Comelec, GR 111230. Sep. 30, 1994, citing
Blacks Law Dict., 5th Ed., p. 24]. 2. A bill which has passed through
the various legislative steps required for it and which has become law,
as in an act of Congress. Synonymous to Statute, Legislation or
Law. [Duhaime's Legal Dict., 2004].

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Acta jure gestionis. Lat. Acts by right of management. [Claridades, A.,
Acta jure imperii. Lat. Acts by right of dominion. [Claridades, A.,
Acting. Holding a temporary rank or position, or performing services
temporarily. [Morenos Law Dict., 2000 Ed., p. 10].
Action. Rem. Law. 1. An ordinary suit in a court of justice, by which one
party prosecutes another for the enforcement or protection of a right,
or the prevention or redress of a wrong. [Sec. 1, Rule 2, RoC]. 2. It
includes counterclaim, set-off, and suits in equity as provided by law.
[Sec. 58, Act 2137]. 3. The legal demand of one's right, or rights; the
lawful demand of one's rights in the form given by law; a demand of a
right in a court of justice; the lawful demand of one's right in a court of
justice; the legal and formal demand of one's rights from another
person or party, made and insisted on in a court of justice; a claim
made before a tribunal; an assertion in a court of justice of a right
given by law; a demand or legal proceeding in a court of justice to
secure one's rights; the prosecution of some demand in a court of
justice; the means by which men litigate with each other; the means
that the law has provided to put the cause of action into effect.
[Gutierrez Hermanos v. De la Riva, 46 Phil. 827, 834-835].
Actionable document. Rem. Law. A written instrument upon which the
action or defense is based. [Sec. 7, Rule 8, RoC].
Actionable negligence. A violation of the duty to use care. [Morenos
Law Dict., 2000 Ed., p. 11].
Actionable wrong. A violation of law. [Vales v. Villa, 35 Phil. 788].
Action for reconveyance. Rem. Law. A legal remedy granted to a
rightful owner of land wrongfully or erroneously registered in the name
of another to compel the latter to reconvey the land to him. [Esconde
v. Barlongay, 152 SCRA 603 (1987)].
Action in ejectment. Rem. Law. The term includes a suit of forcible
entry (detentacion) or unlawful detainer (desahucio). [Sering v. Plazo,
GR L-49731. Sep. 29, 1988].

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Action quasi in rem. Rem. Law. An action which while not strictly
speaking an action in rem partakes of that nature and is substantially
such. . . . The action quasi in rem differs from the true action in rem in
the circumstance that in the former an individual is named as defendant
and the purpose of the proceeding is to subject his interest therein to
the obligation or lien burdening the property. All proceedings having for
their sole object the sale or other disposition of the property of the
defendant, whether by attachment, foreclosure, or other form of
remedy, are in a general way thus designated. The judgment entered in
these proceedings is conclusive only between the parties. [Banco
Espaol Filipino v. Palanca, 37 Phil. 921, 928 (1918)].
Actio or action in personam. Lat. Rem. Law. 1. A personal action
seeking redress against a particular individual. An action against a
person on the basis of his personal liability. [Hernandez v. Rural Bank
of Lucena, 76 SCRA 85]. 2. An action against the person, founded on a
personal liability. In contrast to action in rem, an action for the recovery
of a specific object, usually an item of personal property. [Jurists Legal
Dict., 2004].
Actio or action in rem. Lat. Rem. Law. 1. An action for the recovery of
the very thing. An action against the thing itself, instead of against the
person. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2.
Proceeding against the thing as compared to personal actions (in
personam). Usually a proceeding where property is involved. [Jurists
Legal Dict., 2004].
Actio personalis moritur cum persona; actio personalis in
haeredem non datur, nisi forte ex damno locupletior haeres
factus sit. Lat. A personal right of action dies with the person. A penal
action is not given against an heir, unless, indeed, such heir is
benefited by the wrong. [Petralba v. Sandiganbayan, GR 81337. Aug.
16, 1991].
Active fishing gear. A fishing device characterized by gear movements,
and/or the pursuit of the target species by towing, lifting, and pushing
the gears, surrounding, covering, dredging, pumping and scaring the
target species to impoundments; such as, but not limited to, trawl,
purse seines, Danish seines, bag nets, paaling, drift gill net and tuna
longline. [Sec. 4, RA 8550].

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Active ingredient. The chemical component responsible for the claimed
therapeutic effect of the pharmaceutical product. [Sec. 3, RA 6675].
Active mining area. Areas under actual exploration, development,
exploitation or commercial production as determined by the DENR Sec.
after the necessary field investigation or verification including
contiguous and geologically related areas belonging to the same claim
owner and/or under contract with an operator, but in no case to exceed
the maximum area allowed by law. [Sec. 3, RA 7076].
Active search. A prying into hidden places for that which is concealed.
[Padilla v. CA, GR 121917. Mar. 12, 1997, citing Black's Law Dict., Rev.
4th Ed.].
Active solidarity. It consists in the authority of each creditor to claim
and enforce the rights of all, with the resulting obligation of paying
every one what belongs to him; there is no merger, much less a
renunciation of rights, but only mutual representation. [Quiombing v.
CA, GR 93010. Aug. 30, 1990, citing Tolentino, Civil Code of the Phil.,
Vol. IV, 85 Ed., p. 228]. It is a kind of solidarity where there are several
creditors and only one debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 24].
Compare with Passive solidarity.
Active subject. The person who can demand the performance of the
obligation, otherwise known as the creditor or obligee. [Torres, Oblig. &
Cont., 2000 Ed., p. 24]. Compare with Passive subject.
Activist school. Group of Third World theorists who argue that
international law reflects the interests of developed states to the
detriment of developing states and who advocate action by the latter to
change it. [Intl. Law Dict. & Direct., 2004].
Act of God. An event which is caused solely by the effect of nature or
natural causes and without any interference by humans whatsoever.
Insurance contracts often exclude Acts of God from the list of
insurable occurrences as a means to waive their obligations for damage
caused by typhoons, floods or earthquakes. [Duhaime's Legal Dict.,
2004].
Act of God doctrine. The doctrine embodying the principle that strictly
requires that the act must be one occasioned exclusively by the
violence of nature and all human agencies are to be excluded from

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creating or entering into the cause of the mischief. When the effect, the
cause of which is to be considered, is found to be in part the result of
the participation of man, whether it be from active intervention or
neglect, or failure to act, the whole occurrence is thereby humanized,
as it were, and removed from the rules applicable to the acts of God.
[Napocor v. CA, GR 103442-45. May 21, 1993, citing 1 Corpus Juris, pp.
1174-1175].
Act of state doctrine. Doctrine that the act of a government within the
boundaries of its own territory is not subject to judicial scrutiny in a
foreign municipal court. A municipal court will decline to hear a dispute
based on such acts if to do so would interfere with the conduct of the
forum state's foreign policy. [Intl. Law Dict. & Direct., 2004].
Acts by right of dominion. Acta jure imperii. Activities of a
governmental or public nature carried out by a foreign State or one of
its subdivisions, which qualify for State immunity under the modern
doctrine of restrictive foreign sovereign immunity. [Tetley, Glossary of
Conflict of Laws, 2004].
Acts by right of management. Acta jure gestionis. Activities of a
commercial nature carried out by a foreign State or one of its
subdivisions or agencies, which acts are not immune from the
jurisdiction and process of local courts under the modern doctrine of
restrictive foreign sovereign immunity. [Tetley, Glossary of Conflict of
Laws, 2004].
Acts contra bonus mores. Elements: (a) There is an act which is legal;
(b) but which is contrary to morals, good custom, public order, or
public policy; (c) and it is done with intent to injure. [Albenson
Enterprises Corp. v. CA, GR 88694. Jan. 11, 1993].
Acts mala in se. Crim. Law. Acts wrong in themselves. In acts mala in
se, the intent governs. [Dunlao v. CA, GR 111343. Aug. 22, 1996, citing
Sangco, Crim. Law, Vol. I, Book 1, 1979, p. 90].
Acts mala prohibita. Crim. Law. Acts which would not be wrong but for
the fact that positive law forbids them. In cats mala prohibita, the only
inquiry is, has the law been violated? [Gardner v. People, 62 N.Y., 299,
cited in US v. Go Chico, 14 Phil. 134].

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Acts merely tolerated. Those which by reason of neighborliness or
familiarity, the owner of property allows his neighbor or another person
to do on the property; they are generally those particular services or
benefits which one's property can give to another without material
injury or prejudice to the owner who permits them out of friendship or
courtesy. [Sarona v. Villegas, GR L-22984. Mar. 27, 1968, citing II
Tolentino, Civil Code of the Phil., 1963, ed., p. 227, in turn citing 1
Ruggiero 843].
Acts of lasciviousness. Crim. Law. The felony committed by any
person who shall commit any act of lasciviousness upon other persons
of either sex, under any of the circumstances mentioned in Art. 335 of
the Rev. Penal Code. [Art. 336, RPC].
Act tending to prevent the meeting of the Assembly and similar
bodies. Crim. Law. The felony committed by any person who, by force
or fraud, prevents the meeting of the National Assembly (Congress of
the Philippines) or of any of its committees or sub-committees,
constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board. [Art. 143, RPC, as
reinstated by EO 187].
Actual. Something real, or actually existing, as opposed to something
merely possible, or to something which is presumptive or constructive.
[Moreno, Phil. Law Dict., 3rd Ed., p. 26 citing Salaysay v. Ruiz Castro,
98 Phil. 385 (1956)].
Actual case. Also Actual controversy. An existing case or controversy
that is appropriate or ripe for determination, not conjectural or
anticipatory. [Garcia v. Exec. Sec., 204 SCRA 516, 522 (1991)].
Actual damages. Also Compensatory damages. Adequate
compensation to which a person is entitled only for such pecuniary loss
suffered by him as he has duly proved, except as provided by law or by
stipulation [Art. 2199, CC].
Actual delivery. Also Real delivery. 1. The placement of the thing sold
in the control and possession of the vendee. [Art. 1497, CC]. 2.
Delivery where physical possession is given to the vendee or his
representative. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993, citing
Black's Law Dict. 515-516 (4th Ed.)]. 3. Sales. The ceding of corporeal
possession by the seller, and the actual apprehension of corporeal

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possession by the buyer or by some person authorized by him to
receive the goods as his representative for the purpose of custody or
disposal. [Moreno, Phil. Law Dict., citing Andrada v. Argel, 65 OG
1054]. Compare with Constructive delivery.
Actual fraud. 1. Intentional fraud; it consists in deception, intentionally
practiced to induce another to part with property or to surrender some
legal right, and which accomplishes the end designed. [Berico v. CA, GR
96306. Aug. 20, 1993]. 2. The intentional omission of fact required by
law to be stated in the application or willful statement of a claim
against truth. It may also constitute specific acts intended to deceive or
deprive another of his right, but lack of actual notice of the proceedings
does not itself establish fraud. [Albano, Civil Law Reviewer, Rev. Ed., p.
524, citing Alba v. Dela Cruz, 17 Phil. 49]. Compare with Constructive
fraud.
Actual loss. Mar. Ins. A loss may be presumed from the continued
absence of a ship without being heard of. The length of time which is
sufficient to raise this presumption depends on the circumstances of the
case. [Sec. 132, IC].
Actual possession. Possession as a fact or physical possession.
[Morenos Law Dict., 2000 Ed., p. 12]. Compare with Constructive
possession.
Actual service. The period of time for which pay has been received,
excluding period covered by terminal leave. [Sec. 3, PD 985].
Actual total loss. Ins. Loss caused by: (a) a total destruction of the
thing insured; (b) the irretrievable loss of the thing by sinking, or by
being broken up; (c) any damage to the thing which renders it
valueless to the owner for the purpose for which he held it; or (d) any
other event which effectively deprives the owner of the possession, at
the port of destination, of the thing insured. [Sec. 130, IC]. Compare
with Constructive total loss.
Actual use. The purpose for which the property is principally or
predominantly utilized by the persons in possession of the property.
[Sec. 3, PD 464].
Actus ipsa loquitur. Lat. Let the act speak for itself. [Morenos Law
Dict., 2000 Ed., p. 12].

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Actus me invito factus non est meus actus. Lat. An act done by me
against my will is not my act. [People v. Salvatierra, GR 111124. June
20, 1996].
Actus non facit reum, nisi mens sit rea. Lat. An act is not criminal
unless the mind is criminal. [People v. Quijada, GR 115008-09. July 24,
1996].
Acute conjunctivitis. Sore eyes. [Morenos Law Dict., 2000 Ed., p. 12].
Ada. Customary law. [Art. 7, PD 1083 (Code of Muslim Personal Laws of
the Philippines)].
Addendum. An attachment to a written document. [Duhaime's Legal
Dict., 2004].
Additional evidence. Such evidence allowed to be offered (a) when it
is newly discovered, or (b) where it has been omitted through
inadvertence or mistake, or (c) where the purpose of the evidence is to
correct evidence previously offered. [Lopez v. Liboro, GR L-1787. Aug.
27, 1948, citing I Moran's Comments on the Rules of Court, 2d Ed.,
545; 64 CJ, 160-163].
Address. The direction for delivery of a letter; the name or description
of a place of residence, business, etc., where a person may be found or
communicated with. [Lim Sih Beng v. Rep., GR L-23387. Apr. 24, 1967,
citing 2 Words and Phrases, (p. 529)].
Addressee. A person who is intended by the originator to receive the
electronic data message or electronic document, but does not include a
person acting as an intermediary with respect to that electronic data
message or electronic data document. [Sec. 5, RA 8792].
Adequate remedy. A remedy which is equally beneficial, speedy and
sufficient, not merely a remedy which at some time in the future will
bring about a revival of the judgment of the lower court complained of
in the certiorari proceeding, but a remedy which will promptly relieve
the petitioner from the injurious effects of that judgment and the acts
of the inferior court or tribunal. [Silvestre v. Torres, 57 Phil. 885, 11
CJ., p. 113].

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Adherence to the enemy. The act of a citizen of favoring the enemy
and harboring sympathies or convictions disloyal to his countrys policy
or interest. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 363,
citing Cramer v. US, 65 Sup. Crt. 918].
Adhesion contract. 1. A contract in which one of the parties imposes a
ready-made form of contract, which the other party may accept or
reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785.
Mar. 29, 1996, citing Tolentino, Civil Code of the Phil., Vol. IV (1986),
p. 506]. 2. A fine-print consumer form contract which is generally given
to consumers at point-of-sale, with no opportunity for negotiation as to
it's terms, and which, typically, sets out the terms and conditions of the
sale, usually to the advantage of the seller. [Duhaime's Legal Dict.,
2004].
Ad hoc. Lat. For this purpose; for a specific purpose. [Duhaime's Legal
Dict., 2004].
Ad infinitum. Lat. Forever; without limit; indefinitely. [Duhaime's Legal
Dict., 2004].
Ad interim. In the meantime or for the time being. Thus, an officer ad
interim is one appointed to fill a vacancy, or to discharge the duties of
the office during the absence or temporary incapacity of its regular
incumbent. [PLM v. IAC, GR L-65439. Nov. 13, 1985, citing Black's Law
Dict., Rev. 4th Ed., 1978].
Ad-interim appointment. 1. The appointment that the President may
make during the recess of the Congress, or those made during a period
of time from the adjournment of the Congress to the opening session,
regular or special, of the same Congress. [Aytona v. Castillo, GR
L-19313. Jan. 19, 1962]. 2. An appointment made by the President
while Congress is not in session. It takes effect immediately but ceases
to be valid if disapproved by the Commission on Appointments or upon
the next adjournment of Congress. Compare with Regular
appointment. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 393].
Adjective or procedural law. That body of law which governs the
process of protecting the rights under substantive law. [Glossary of
Legal Terms (Pro-Se), 2004]. See also Remedial law.

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Adjournment. Pol. Law. During a session of Congress, mere temporary
suspension of business from day to day, or for such brief periods of
time as are agreed upon by the joint action of the two houses. [Aytona
v. Castillo, GR L-19313. Jan. 19, 1962]. Compare with Recess.
Adjudge. 1. To pass on judicially, to decide, settle or decree, or to
sentence or condemn. The term implies a judicial determination of a
fact, and the entry of a judgment. [Cario v. CHR, GR 96681. Dec. 2,
1991].
Adjudicate. To settle in the exercise of judicial authority. To determine
finally. Synonymous with adjudge in its strictest sense. [Cario v.
CHR, GR 96681. Dec. 2, 1991].
Adjudication. Civ. Law. See Dacion en pago or Dation in payment.
Adjudication. Rem. Law. 1. The rendition of a judgment or final order
which disposes of the case on the merits. [Bench Book for Trial Court
Judges, p. 2-40]. 2. Giving or pronouncing a judgment or decree. Also
the judgment given. [Glossary of Legal Terms (Pro-Se), 2004]. 3. A
judgment; giving or pronouncing judgment in a case. Determination in
the exercise of judicial power. [Bouvier's Law Dict. 3rd Revision (8th
Ed.)].
Adjudication or judgment on the merits. A judgment which
determines the rights and liabilities of the parties based on the
disclosed facts, irrespective of formal, technical or dilatory objections. It
is not necessary, however, that there should have been a trial. If the
judgment is general, and not based on any technical defect or
objection, and the parties had a full legal opportunity to be heard on
their respective claims and contentions, it is on the merits although
there was no actual hearing or arguments on the facts of the case.
[Mendiola v. CA, GR 122807. July 5, 1996].
Adjunction. See Conjunction.
Ad litem. Lat. For the suit. A person appointed only for the purposes of
prosecuting or defending an action on behalf of another such as a child
or mentally-challenged person. Also called a Guardian ad litem.
[Duhaime's Legal Dict., 2004].

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Administer. Any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for
purposes of medication. [Sec. 3, RA 9165].
Administering injurious substances or beverages. Crim. Law. The
felony committed by any person who, without intent to kill, shall inflict
upon another any serious, physical injury, by knowingly administering
to him any injurious substance or beverages or by taking advantage of
his weakness of mind or credulity. [Art. 264, RPC].
Administration. The aggregate of those persons in whose hands the
reins of government are for the time being (the chief ministers or heads
of departments). [US v. Dorr, GR 1051. May 19, 1903, citing Bouvier
Law Dict., 89l]. Compare Government.
Administrative. The term connotes, or pertains, to administration,
especially management, as by managing or conducting, directing or
superintending, the execution, application, or conduct of persons or
things. [Univ. of Nueva Caceres v. Martinez, GR L-31152. Mar. 27,
1974, citing Fluet v. McCabe, 12 N.E. 2d. 93].
Administrative act. Any action including decisions, omissions,
recommendations, practices, or procedures of an administrative
agency. [Sec. 9, PD 1487].
Administrative adjudicatory power. See Quasi-judicial power.
Administrative agencies. Agencies created by the legislative branch of
government to administer laws pertaining to specific areas such as
taxes, transportation, and labor. [Glossary of Legal Terms (Pro-Se),
2004].
Administrative agency. Any department or other governmental unit
including any government-owned or controlled corporation, any official,
or any employee acting or purporting to act by reason of connection
with the government but it does not include (a) any court or judge, or
appurtenant judicial staff; (b) the members, committees, or staffs of
the National Assembly; or (c) the President or his personal staff, or (4)

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the members of the Constitutional Commissions and their personal
staffs. [Sec. 9, PD 1487].
Administrative Code of 1987. EO 292 signed into law on July 25,
1987.
Administrative due process. Requisites: (a) The right to a hearing
which includes the right of the party interested or affected to present
his own case and submit evidence in support thereof; (b) the tribunal
must consider the evidence presented; (c) the decision must have
something to support itself; (d) the evidence must be substantial; (e)
the decision must be rendered on the evidence presented at the
hearing, or at least contained in the record and disclosed to the parties
affected; (f) The tribunal or body or any of its judges, therefore, must
act on its or his own independent consideration of the law and facts of
the controversy, and not simply accept the views of a subordinate in
arriving at a decision; and (g) the board or body should, in all
controversial questions, render its decision in such a manner that the
parties to the proceeding can know the various issues involved, and the
reasons for the decisions rendered. [Cruz, Constl. Law, 1998 Ed., p.
119, citing, Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Compare with
Judicial due process.
Administrative feasibility. Taxation. The capability of a tax system of
being effectively enforced. [Claridades, A., Compilation of Notes,
2001-2006].
Administrative functions. 1. The executive machinery of government
and the performance by that machinery of governmental acts. It refers
to the management actions, determinations, and orders of executive
officials as they administer the laws and try to make government
effective. There is an element of positive action, of supervision or
control. [In Re: Manzano, AM 88-7-1861-RTC. Oct. 5, 1988]. 2. Those
which involve the regulation and control over the conduct and affairs of
individuals for their own welfare and the promulgation of rules and
regulations to better carry out the policy of the legislature or such as
are devolved upon the administrative agency by the organic law of its
existence [Nasipit Integrated Arrastre v. Tapucar, SP-07599-R, 29 Sep.
1978, Black's Law Dict.].
Administrative law. 1. That law which fixes the organization and
determines the competence of the administrative authorities and which

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regulates the methods by which the functions of the government are
performed. [Suarez, Stat. Con., (1993), p. 38]. 2. That body of law
which applies for hearings before quasi-judicial or administrative
tribunals. [Duhaime's Legal Dict., 2004].
Administrative supervision. 1. The authority of the department or its
equivalent to generally oversee the operations of such agencies and to
insure that they are managed effectively, efficiently and economically
but without interference with day-to-day activities; or require the
submission of reports and cause the conduct of management audit,
performance evaluation and inspection to determine compliance with
policies, standards and guidelines of the department; to take such
action as may be necessary for the proper performance of official
functions, including rectification of violations, abuses and other forms of
misadministration; and to review and pass upon budget proposals of
such agencies but may not increase or add to them. [Sec. 38, Chap. 6,
EO 292]. 2. The power or authority of an officer or body to oversee
that subordinate officers of bodies perform their assigned duties and
functions in accordance with law. [Claridades, A., Compilation of Notes,
2001-2006].
Administrative tribunal. Hybrid adjudicating authorities which straddle
the line between government and the courts. Between routine
government policy decision-making bodies and the traditional court
forums lies a hybrid, sometimes called a tribunal or administrative
tribunal and not necessarily presided by judges. These operate as a
government policy-making body at times but also exercise a licensing,
certifying, approval or other adjudication authority which is
quasi-judicial because it directly affects the legal rights of a person.
Administrative tribunals are often referred to as Commission, Authority
or Board. [Duhaime's Legal Dict., 2004].
Administrator. 1. The person entrusted with the care, custody and
management of the estate of a deceased person until the estate is
partitioned and distributed to the heirs, legatees and devisees, if any.
[Bench Book for Trial Court Judges, p. 3-2]. 2. A person who
administers the estate of a person deceased. The administrator is
appointed by a court and is the person who would then have power to
deal with the debts and assets of a person who died intestate. Female
administrators are called Administratrix. An administrator is a Personal
representative. [Duhaime's Legal Dict., 2004].

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Administratrix. Lat. Female administrator. [Claridades, A., Compilation
of Notes, 2001-2006].
Admiralty or maritime law. 1. That body of law relating to ships,
shipping, marine commerce and navigation, transportation of persons
or property by sea, etc. [Glossary of Legal Terms (Pro-Se), 2004]. 2.
The law and court with jurisdiction over maritime affairs in general.
[Intl. Law Dict. & Direct., 2004].
Admissible evidence. 1. Evidence which is relevant to the issue and is
not excluded by law or by the Rules of Court. [Claridades, A.,
Compilation of Notes, 2001-2006]. 2. Evidence that can be legally and
properly introduced in a civil or criminal trial. [Glossary of Legal Terms
(Pro-Se), 2004].
Admission. Evid. 1. The act, declaration or omission of a party as to a
relevant fact which may be given in evidence against him. [Sec. 26,
Rule 130, RoC]. 2. A statement tending to establish the guilt or liability
of the person making the statement. [Jurists Legal Dict., 2004].
Compare with Confession.
Admission by conspirator. Evid. The act or declaration of a
conspirator relating to the conspiracy and during its existence, which
may be given in evidence against the co-conspirator after the
conspiracy is shown by evidence other than such act of declaration.
[Sec. 30, Rule 130, RoC].
Admission by conspirator. Evid. Requisites: (a) that the conspiracy be
first proved by evidence other than the admission itself; (b) that the
admission relates to the common objects; and (c) that it has been
made while the declarant was engaged in carrying out the conspiracy.
[People v. Surigawan, GR 83215. Dec. 15, 1993].
Admission by co-partner or agent. Evid. The act or declaration of a
partner or agent of the party within the scope of his authority and
during the existence of the partnership or agency, which may be given
in evidence against such party after the partnership or agency is shown
by evidence other than such act or declaration. The same rule applies
to the act or declaration of a joint owner, joint debtor, or other person
jointly interested with the party. [Sec. 29, Rule 130, RoC].

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Admission by privies. Evid. The act, declaration, or omission of one
from whom another derives title to property, while holding the title, in
relation to the property, which may be given in evidence against the
latter. [Sec. 31, Rule 130, RoC].
Admission by silence. Evid. 1. An act or declaration made in the
presence and within the hearing or observation of a party who does or
says nothing when the act or declaration is such as naturally to call for
action or comment if not true, and when proper and possible for him to
do so, which may be given in evidence against him. [Sec. 30, Rule 132,
RoC].
Admission by silence. Evid. Requisites: (a) That he heard and
understood the statement; (b) that he was at liberty to interpose a
denial; (c) that the statement was in respect to some matter affecting
his rights or in which he was then interested, and calling, naturally, for
an answer; (d) that the facts were within his knowledge; and (e) that
the fact admitted or the inference to be drawn from his silence would
be material to the issue. [People v. Paragsa, GR L-44060. July 20,
1978, citing IV Francisco, The Rev. Rules of Court in the Phil., 1973 Ed.,
p. 316].
Admonish. To advise or caution. For example the court may caution or
admonish counsel for wrong practices. [Glossary of Legal Terms
(Pro-Se), 2004].
Admonition. A gentle or friendly reproof, a mild rebuke, warning or
reminder, counseling, on a fault, error or oversight, an expression of
authoritative advice or warning. They are not considered as penalties.
[Tobias v. Veloso, GR L-40224. Sep. 23, 1980].
Adopt-a-School Act of 1998. RA 8525 entitled An Act establishing an
Adopt-A-School Program, providing incentives therefor, and for other
purposes enacted on Feb. 14, 1998.
Adoption. 1. An act by which relations of paternity and affiliation are
recognized as legally existing between persons not so related by
nature. The taking into one's family of the child of another as son or
daughter and heir and conferring on it a title to the rights and
privileges of such. The purpose of an adoption proceeding is to effect
this new status of relationship between the child and its adoptive
parents, the change of name which frequently accompanies adoption

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being more an incident that the object of the proceeding. [Rep. v. CA,
GR 97906. May 21, 1992, citing, 1 Am. Jur., Adoption of Children
621-622]. 2. The juridical act which creates between two persons a
relationship similar to that which results from legitimate paternity and
filiation. [Prasnick v. Rep., 98 Phil 655, quoting 4 Valverde 473].
Adoption proceeding. A proceeding in rem or against the whole world.
The court acquires jurisdiction simply by publication. [Morenos Law
Dict., 2000 Ed., p. 16].
Adoptive admission. A partys reaction to a statement or action by
another person when it is reasonable to treat the partys reaction as an
admission of something stated or implied by the other person. [Estrada
v. Desierto, 356 SCRA 108].
Ad proximum antedecens fiat relatio nisi impediatur sentencia.
Lat. Relative words refer to the nearest antecedent, unless it be
prevented by the context. [Abella v. Comelec, GR 100710. Sep. 3,
1991, citing Black's Law Dict., 4th Ed., 57].
ADR. Abbreviation for Alternative dispute resolution. [Duhaime's
Legal Dict., 2004].
ADR practitioners. Individuals acting as mediator, conciliator, arbitrator
or neutral evaluator. [Sec. 3, RA 9285].
ADR providers. Institutions or persons accredited as mediator,
conciliator, arbitrator, neutral evaluator, or any person exercising
similar functions in any alternative dispute resolution system (ADR).
This is without prejudice to the rights of the parties to choose
non-accredited individuals to act as mediator, conciliator, arbitrator, or
neutral evaluator of their dispute. [Sec. 3, RA 9285].
Adultery. Crim. Law. 1. The felony committed by any married woman
who shall have sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing her to be married,
even if the marriage be subsequently declared void. [Art. 333, RPC]. 2.
Voluntary sexual intercourse between a married person and another
person who is not their married spouse. [Duhaime's Legal Dict., 2004].
Ad valorem property tax. A tax invariably based upon ownership of
property, and is payable regardless of whether the property is used or

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not, although of course the value may vary in accordance with such
factor. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51
Am. Jur. 53].
Ad valorem tax. 1. A levy on real property determined on the basis of a
fixed proportion of the value of the property. [Sec. 3, PD 464]. 2. An
excise tax based on selling price or other specified value of the article.
[Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920. Apr. 28, 1994].
Compare with Specific tax.
Adventitious property. Property earned or acquired by the minor child
through his work or industry by onerous or gratuitous title. It is owned
by the child but is administered by the parents. The child is also the
usufructuary of the property but his use thereof is secondary only to
the collective daily needs of the family. Compare with Profectitious
property.
Adversarial or contentious action or proceedings. Rem. Law. An
action or proceedings having opposing parties; (is) contested, as
distinguished from an ex parte hearing or proceeding, of which the
party seeking relief has given legal notice to the other party and
afforded the latter an opportunity to contest it. [Manila Golf v. IAC, GR
64948. Sep. 27, 1994, citing Black's Law Dict., 5th Ed., p. 40].
Adversary proceeding. Rem. Law. 1. One having opposing parties;
contested, as distinguished from an ex parte application, one of which
the party seeking relief has given legal warning to the other party, and
afforded the latter an opportunity to contest it. [GR L-32181, Mar. 5,
1986, 141 SCRA 462]. 2. A proceeding having opposing parties such as
a plaintiff and a defendant. Individual lawsuit(s) brought within a
bankruptcy proceeding. [Glossary of Legal Terms (Pro-Se), 2004].
Adverse claim. A claim of any part or interest in registered land adverse
to the registered owner, arising subsequent to the date of the original
registration. [Sec. 110, Act 496].
Adverse interest. Such interest of a witness - so as to permit
cross-examination by the party calling him as would be so involved in
the event of the suit that a legal right or liability will be acquired, lost,
or materially affected by the judgment, and must be such as would be
promoted by the success of the adversary of the party calling him.
[Blacks Law Dict., Abr. 5th Ed. (1983), p. 26].

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Adverse party. A party to an action whose interests are opposed to or
opposite the interests of another party to an action. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 26].
Adverse possession. 1. The possession of land, without legal title, for a
period of time sufficient to become recognized as legal owner. The
more common word for this is squatters. [Duhaime's Legal Dict., 2004].
2. The method of acquiring real property under certain conditions by
possession for a statutory period. [Glossary of Legal Terms (Pro-Se),
2004].
Advertisement. 1. Any visual and/or audible message disseminated to
the public about or on a particular product that promote and give
publicity by words, designs, images or any other means through
broadcasts, electronic, print or whatever form of mass media, including
outdoor advertisements, such as but no limited to signs and billboards.
[Sec. 4, RA 9211]. 2. The prepared and through any form of mass
medium, subsequently applied, disseminated or circulated advertising
matter. [Art. 4, RA 7394].
Advertisement by lawyer, rule on. The Code of Professional
Responsibility provides that a lawyer in making known his legal services
shall use only true, honest, fair, dignified and objective information or
statement of facts. He is not supposed to use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal services.
Nor shall he pay or give something of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal
business. Prior to the adoption of the Code of Professional
Responsibility, the Canons of Professional Ethics had also warned that
lawyers should not resort to indirect advertisements for professional
employment, such as furnishing or inspiring newspaper comments, or
procuring his photograph to be published in connection with causes in
which the lawyer has been or is engaged or concerning the manner of
their conduct, the magnitude of the interest involved, the importance of
the lawyer's position, and all other like self-laudation. [Ulep v. Legal
Clinic, Bar Matter 553. June 17, 1993].
Advertisement of talent or skill, prohibition on. The standards of
the legal profession condemn the lawyer's advertisement of his talents.
A lawyer cannot, without violating the ethics of his profession, advertise

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his talents or skills as in a manner similar to a merchant advertising his
goods. The proscription against advertising of legal services or
solicitation of legal business rests on the fundamental postulate that the
practice of law is a profession. [Ulep v. Legal Clinic, Bar Matter 553.
June 17, 1993].
Advertiser. 1. The client of the advertising agency or the sponsor of the
advertisement on whose account the advertising is prepared,
conceptualized, presented or disseminated. [Art. 4, RA 7394]. 2. A
person or entity on whose account of for whom an advertisement is
prepared and disseminated by the advertising agency, which is service
established and operated for the purpose of counseling or creating and
producing and/or implementing advertising program in various forms of
media. [Sec. 4, RA 9211].
Advertising. 1. The business of conceptualizing, presenting, making
available and communicating to the public, through any form of mass
media, any fact, data or information about the attributes, features,
quality or availability of consumers products, services or credit. [Sec. 4,
RA 9211]. 2. The business of conceptualizing, presenting or making
available to the public, through any form of mass media, fact, data or
information about the attributes, features, quality or availability of
consumer products, services or credit. [Art. 4, RA 7394].
Advertising agency or agent. A service organization or enterprise
creating, conducting, producing, implementing or giving counsel on
promotional campaigns or programs through any medium for and in
behalf of any advertiser. [Art. 4, RA 7394].
Aequetas nunquam contravenit legis. Lat. Equity is not applied
against the law. [Aguila v. CA, 160 SCRA 359].
Aequitas non facit jus, sed juri auxiliatur. Lat. Equity does not make
the law, but supports the law. [Borja v. CA, GR 95667. May 8, 1991].
Aequitas rem ipsam intuetur de forma et circumstantiis minus
anxia. Lat. Equity regards not the form but the substance of the act.
Aequitas sequitur legem. Lat. Equity follows the law. [Morenos Law
Dict., 2000 Ed., p. 17].

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Aequum et bonum est lex legum. Lat. That which is equitable and
right is the law of laws. [Morenos Law Dict., 2000 Ed., p. 17].
Aerial domain. The airspace above the terrestrial domain and the
maritime and fluvial domain of the state, to the limits of the
atmosphere but does not include outer space. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 67].
Affiant. The person who makes and subscribes an affidavit. [Glossary of
Legal Terms (Pro-Se), 2004].
Affidavit. 1. A statement which before being signed, the person signing
takes an oath that the contents are, to the best of their knowledge,
true. It is also signed by a notary or some other judicial officer that can
administer oaths, to the effect that the person signing the affidavit was
under oath when doing so. These documents carry great weight in
Courts to the extent that judges frequently accept an affidavit instead
of the testimony of the witness. [Duhaime's Legal Dict., 2004]. 2. A
voluntary, written, or printed declaration of facts, confirmed by oath of
the party making it before a person with authority to administer the
oath. [Glossary of Legal Terms (Pro-Se), 2004].
Affidavit of consolidation of ownership. A sworn statement
executed by the vendee-a-retro to the effect that the period of
repurchase has expired and the vendor failed to exercise his right to
repurchase. [Morenos Law Dict., 2000 Ed., p. 17].
Affidavit of merit. An affidavit showing the fraud, accident, mistake, or
excusable negligence relied upon, and the facts constituting the
petitioner's good and substantial cause of action or defense, as the
case may be. It serves as the jurisdictional basis for the court to
entertain a petition for relief. [Garcia v. CA, GR 96141. Oct. 2, 1991].
Affiliated corporation. A corporation related to another by owning or
being owned by common management or by a long-term lease of its
properties or other control device. An affiliation exists between a
holding or parent company and its subsidiary, or between two
corporations owned or controlled by a third. [De Leon, Corp. Code of
the Phil. Annotated, 1989 Ed., p. 40, citing Kohler, A Dict. for
Accountants, 1975 Ed., p. 26].

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Affinity. The connection existing in consequence of a marriage, between
each of the married persons and the kindred of the other. [Paras, Phil.
Conflict of Laws, 8th Ed. (1996), p. 308]. Compare with
Consanguinity.
Affirmation. A solemn and formal declaration that an affidavit is true.
This is substituted for an oath in certain cases. [Glossary of Legal
Terms (Pro-Se), 2004].
Affirmative defense. Rem. Law. 1. An allegation of new matter which,
while admitting the material allegations of the complaint, expressly or
impliedly, would nevertheless prevent or bar recovery by the plaintiff.
The affirmative defenses include fraud, statute of limitations, release
payment, illegality, statute of frauds, estoppel, former recovery,
discharge in bankruptcy, and all other matter by way of confession and
avoidance. [Sec. 5, Rule 6, RoC]. 2. A defense raised in a responsive
pleading (answer) relating a new matter as a defense to the complaint;
affirmative defenses might include contributory negligence or estopped
in civil actions; in criminal cases insanity, duress, or self-defense might
be used. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with
Negative defense.
Affirmed. In the practice of appellate courts, the word means that the
decision of the trial court is correct. [Glossary of Legal Terms (Pro-Se),
2004].
Afflictive penalties. The following are afflictive penalties under the
Rev. Penal Code: Reclusion perpetua, reclusion temporal, perpetual or
temporary absolute disqualification, perpetual or temporary special
disqualification, prision mayor, and fine, whether imposed as a single of
as an alternative penalty, which exceeds 6,000 pesos. [Arts. 25-26,
RPC].
Affordable cost. The most reasonable price of land and shelter based
on the needs and financial capability of Program beneficiaries and
appropriate financing schemes. [Sec. 3, RA 7279].
Affreightment contract. 1. A contract by which the owner of a ship or
other vessel lets the whole or a part of her to a merchant or other
person for the conveyance of goods, on a particular voyage, in
consideration of the payment of freight. [Planters Products v. CA, GR
101503. Sep. 15, 1993, citing Bouvier's Law Dict., 3rd Rev., Vol. I, p.

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470]. 2. A contract with the ship owner to hire his ship or part of it, for
the carriage of goods, and generally takes the form either of a charter
party or a bill of lading. [Market Developers v. IAC, GR 74978. Sep. 8,
1989].
A fortiori. More effective; with greater reason. [LawInfo Legal Dict.
(2005)].
After-acquired property. Property acquired during the interval
between the execution of the will and the death of the testator which
are not, as a rule, included among the properties disposed of, unless it
should expressly appear in the will itself that such was the intention of
the testator. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed.,
p. 35, citing Art. 794, CC].
After-cataract. See Secondary cataract.
After date. The term refers to the date of issuance of the negotiable
instrument. [Claridades, A., Compilation of Notes, 2001-2006].
After sight. The term refers to the date of presentment for acceptance
to the drawee of the negotiable instrument. [Claridades, A.,
Agama Arbitration Council. A body composed of the Chairman and a
representative of each of the parties to constitute a council to take all
necessary steps for resolving conflicts between them. [Art. 7, PD 1083
(Code of Muslim Personal Laws of the Philippines)].
Agency. 1. Civ. Law. A relationship between two parties whereby one
party, called the principal, authorizes another, called the agent, to act
for and in his behalf on transactions with third persons. [Rallos v. Chan,
GR L-24332. Jan. 31, 1978]. 2. Civ. Serv. Law. Any bureau, office,
commission, administration, board, committee, institute, corporation,
whether performing governmental or proprietary function, or any other
unit of the National Government, as well as provincial, city or municipal
government. [Sec. 3, PD 807].
Agency contract. A contract whereby a person binds himself to render
some service or to do something in representation or on behalf of
another, with the consent or authority of the latter. [Art. 1868, CC].

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Agency coupled with an interest. (a) An agency created not only for
the interest of the principal but also for the interest of a third person;
or (b) one created for the mutual interest of both the principal and the
agent. [Diaz, Bus. Law Rev., 1991 Ed., p. 171].
Agency of the government. Any of the various units of the
Government, including a department, bureau, office, instrumentality, or
government-owned or controlled corporation, or a local government or
a distinct unit therein. [Sec. 2, Admin. Code of 1987].
Agency shop. Labor. An agreement under which employees who do not
join the union must pay dues as a condition of employment to help
defray the union expenses as a bargaining agent for the group or all
the employees. This is otherwise know as the anti-free rider or
hitchhiker clause in the CBA. [Poquiz, Labor Rel. Law, 1999 Ed. p.
157].
Agency to sell. A contract whereby a person who received goods from
another is obligated to return them to the latter if ever he is unable to
sell them. [Morenos Law Dict., 2000 Ed., pp. 18-19].
Agent. 1. A person who, by the contract of agency, binds himself to
render some service or to do something in representation or on behalf
of another, with the consent or authority of the latter. [Art. 1868, CC].
2. A person who has received the power to act on behalf of another,
binding that other person as if he were himself making the decisions.
The person who is being represented by the agent is referred to as the
principal. [Duhaime's Legal Dict., 2004]. See also Representative.
Agente administrador. Sp. Managing agent. [Morenos Law Dict., 2000
Ed., p. 19].
Agente de negocios. Sp. See Business agent.
Agent of a person in authority. A person who, by direct provision of
law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and
security of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to the aid
of persons in authority. [Art. 152, RPC, as amended by PD 299 and BP
873].

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Age of gestation. The length of time the fetus is inside the mother's
womb. [Sec. 3, RA 7600].
Age of majority. It commences at the age of eighteen years. [Art. 234,
FC, as amended by RA 6809]. Also, Majority.
Aggravated illegal possession of firearm. The use of unlicensed
firearm in the commission of homicide or murder which aggravates the
crime and makes it more heavily punished with the capital punishment.
[People v. Caling, GR 94784. May 8, 1992]. Compare with Simple
illegal possession of firearm.
Aggravating circumstances. Those circumstances that serve to
increase the penalty without exceeding the maximum provided by law
because of the greater perversity of the offender as shown by the
motivating power of the commission of the crime, the time and place of
its commission, the means employed or the personal circumstances of
the offender. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 52].
Compare with Mitigating circumstances.
Aggregator. A person or entity, engaged in consolidating electric power
demand of end-users in the contestable market, for the purpose of
purchasing and reselling electricity on a group basis. [Sec. 4, RA 9136].
Aggression. Intl. Law. The use of armed force by a state against the
sovereignty, territorial integrity or political independence of another
state or in any other manner inconsistent with the UN Charter. [Cruz,
Intl. Law Reviewer, 1996 Ed., p. 50, citing Resolution of the UN Gen.
Assembly, Dec. 14, 1974].
Agrarian dispute. Any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands
devoted to agriculture, including disputes concerning farmworkers'
associations or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
such tenurial arrangements. [Sec. 3, RA 6657].
Agrarian reform. Redistribution of land, regardless of crops or fruits
produced, to farmers and regular farmworkers who are landless,
irrespective of tenurial arrangement, to include the totality of factors
and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical

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redistribution of lands, such as production or profit-sharing, labor
administration, and the distribution of shares of stock, which will allow
beneficiaries to receive a just share of the fruits of the lands they work.
[Sec. 3, RA 6657].
Agrarian reform community (ARC). A barangay at the minimum or a
cluster of contiguous barangays where there is a critical mass of
farmers or farm workers and which features the main thrust of agrarian
development: land tenure improvement and effective delivery of
support services. [Sec. 4, RA 8435].
Agrarian reform credit. Production or other types of loans used for the
acquisition of work animals, farm equipment and machinery, seeds,
fertilizers, poultry and livestock feeds and other similar items;
acquisition of lands authorized under the Comprehensive Agrarian
Reform Law (CARL); construction or acquisition of facilities for the
production and effective merchandising of agricultural commodities.
[Sec. 4, RA 7607].
A gratis argumentis. Lat. For the sake of argument. [Claridades, A.,
Agreation. Intl. Law. The practice now observed by most states by
means of which inquiries are addressed to the receiving state regarding
a proposed diplomatic representative of the sending state. It is only
when the receiving state manifests its agrement or consent that the
diplomatic representative is appointed and formally accredited. [Cruz,
Intl. Law Reviewer, 1996 Ed., p. 83].
Agreement. 1. A coming together of minds; the coming together in
accord of two minds on a given proposition. [Mindanao Terminal &
Brokerage Services v. Confesor, GR 111809. May 5, 1997, citing Black's
Law Dict. 62 (5th Ed., 1979)]. 2. Mutual consent. [Jurists Legal Dict.,
2004].
Agreement, arrangement or accord. Intl. Law. The terms are used
interchangeably and refer to an instrument of a more limited subject
and of lesser importance than a formal treaty or convention. [Coquia
and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].
Agri-business activity. Any business activity involving the
manufacturing, processing, and/or production of agricultural produce,

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excluding farm level agricultural/crop production. [Sec. 4, RA 6977, as
amended].
Agricultural activity. Also Agricultural enterprise. See Agriculture.
Agricultural engineer. A natural person who has been issued a
certificate of registration by the Board of Agricultural Engineering and
has taken the oath of profession of agricultural engineers. [Sec. 3, RA
8559].
Agricultural engineering, practice of. The profession requiring the
application of the fundamental and known principles of engineering to
the peculiar condition and requirements of agriculture as an industry
and as a field of science. [Sec. 3, RA 8559].
Agricultural enterprise. Also Agricultural activity. See Agriculture.
Agricultural land. 1. Land devoted to agricultural activity and not
classified as mineral, forest, residential, commercial or industrial land.
[Sec. 3 (c), RA 6657]. 2. Land devoted principally to the raising of crops
such as rice, corn, sugar cane, tobacco, coconut, etc., or to pasturing,
dairying, inland fishery, salt making, and other agricultural uses,
including timberlands and forest lands. [Sec. 3, PD 464].
Agricultural land, premature conversion of. The undertaking of any
development activity, the results of which modify or alter the physical
characteristics of the agricultural lands to render them suitable for
non-agricultural purposes, without an approved order of conversion
from the DAR. [Sec. 4, RA 8435].
Agricultural lands. 1. Lands devoted to or suitable for the cultivation of
the soil, planting of crops, growing of trees, raising of livestock, poultry,
fish or aquaculture production, including the harvesting of such farm
products, and other farm activities and practices performed in
conjunction with such farming operations by persons whether natural
or juridical and not classified by law as mineral land, forest land,
residential land, commercial land, or industrial land. [Sec. 4, RA 8435].
2. Lands which are arable and suitable agricultural lands and do not
include commercial, industrial and residential lands. [Luz Farms v. Sec.
of the DAR, GR 86889, 4 Dec. 1990, 192 SCRA 51, citing Record,
CONCOM, 7 Aug. 1986, Vol. III, p. 30].

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

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Agricultural purpose. A purpose related to the production, harvest,
processing, manufacture, distribution, storage, transportation,
marketing, exhibition or disposition of agricultural, fishery or marine
products. [Art. 4, RA 7394].
Agricultural sector. The sector engaged in the cultivation of the soil,
planting of crops, growing of fruit trees, raising of livestock, poultry, or
fish, including the harvesting and marketing of such farm products, and
other farm activities and practices. [Sec. 4, RA 8435].
Agricultural tenancy. The physical possession by a person of land
devoted to agriculture belonging to, or legally possessed by, another
for the purpose of production through the labor of the former and of
the members of his immediate farm household, in consideration of
which the former agrees to share the harvest with the latter, or to pay
a price certain or ascertainable, either in produce or in money, or in
both. [Sec. 3, RA 1199].
Agricultural Tenancy Act of the Philippines. RA 199 entitled An Act
to govern the relations between landholders and tenants of agricultural
lands (leaseholds and share tenancy) enacted on Aug. 30, 1954.
Agricultural year. 1. The period of time required for raising a particular
agricultural product, including the preparation of the land, sowing,
planting and harvesting of crops and, whenever applicable, threshing of
said crops: Provided, however, That in case of crops yielding more than
one harvest from planting, agricultural year shall be the period from the
preparation of the land to the first harvest and thereafter from harvest
to harvest. In both cases, the period may be shorter or longer than a
calendar year. [Sec. 166, RA 3844]. 2. The period of time necessary for
the raising of seasonal agricultural products, including the preparation
of the land, and the sowing, planting and harvesting the crop. [Sec. 5
[c], RA 1199].
Agriculture. 1. Farming in all its branches and among other things
includes the cultivation and tillage of soil, dairying, the production,
cultivation, growing and harvesting of any agricultural and horticultural
commodities, the raising of livestock or poultry, and any practices
performed by a farmer or on a farm as an incident to or in conjunction
with such farming operations, but does not include the manufacturing
or processing of sugar, coconuts, abaca, tobacco, pineapples or other
farm products. [Art. 97, LC]. 2. The art or science of cultivating the

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ground and raising and harvesting crops, often, including also, feeding,
breeding and management of livestock, tillage, husbandry, farming.
[Webster's Intl. Dict., 2nd Ed. (1954)].
Agriculture. Also Agricultural enterprise or Agricultural activity.
The cultivation of the soil, planting of crops, growing of fruit trees,
raising of livestock, poultry or fish, including the harvesting of such
farm products, and other farm activities and practices performed by a
farmer in conjunction with such farming operations done by person
whether natural or juridical. [Sec. 3, RA 6657].
Agriculture and fisheries modernization. The
transforming the agriculture and fisheries sectors into
dynamic, technologically advanced and competitive yet
human development, guided by the sound practices of
and the principles of social justice. [Sec. 4, RA 8435].
process of
one that is
centered on
sustainability
Agriculture and Fisheries Modernization Act of 1997. RA 8435

entitled An Act prescribing urgent related measures to modernize the
agriculture and fisheries sectors of the country in order to enhance their
profitability, and prepare said sectors for the challenges of globalization
through an adequate, focused and rational delivery of necessary
support services, appropriating funds therefor and for other purposes
enacted on Dec. 22, 1997.
Agro-processing activities. The processing of raw agricultural and
fishery products into semi-processed or finished products which include
materials for the manufacture of food and/or non-food products,
pharmaceuticals and other industrial products. [Sec. 4, RA 8435].
Aid. To support, to help, to assist or to strengthen or to act in
cooperation with. [Gatchalian v. Comelec, GR L-32560-61. Oct. 22,
1970, citing Black's Law Dict., 3rd Ed., p. 86].
Aid and abet. To actively, knowingly, or intentionally assist another
person in the commission or attempted commission of a crime.
[Glossary of Legal Terms (Pro-Se), 2004].
Aide-memoire. Literally means aid to memory. A diplomatic
correspondence consisting of a brief summary of oral representations
already made. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].

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Aiding and abetting a band of brigands. Crim. Law. The felony
committed by any person who knowingly and in any manner aiding,
abetting or protecting a band of brigands as described in the Art. 306
of the Rev. Penal Code, or giving them information of the movements
of the police or other peace officers of the Government, when the latter
are acting in aid of the Government, or acquiring or receiving the
property taken by such brigands. [Art. 307, RPC].
Air carrier. A person who undertakes, whether directly or indirectly, or
by a lease or any other arrangements, to engage in air transportation
or air commerce. [Sec. 3, RA 776].
Air commerce. Air transportation for pay or hire, the navigation of
aircraft in furtherance of a business, or the navigation of aircraft from
one place to another for operation in the conduct of a business. [Sec.
3, RA 776].
Airconditioning equipment. Equipment for the control of temperature,
humidity, purity, and environment such as room, split and unitary
package type (air-cooled and water-cooled) airconditioners whose
prime mover may be steam, electricity, the sun and any other source of
power, commercial and industrial airconditioning systems; direct
expansion or chilled water systems; airconditioners for all types of
vehicles, sealed, semi-sealed and open type refrigerant compressor of
the reciprocating rotary, screw, centrifugal, or absorption type; cooling
towers, airblowers, ventilators air handling units, condensers, receivers,
and evaporator coils; electric or pneumatic controls. [Sec. 1, PD 1572].
Aircraft. Any contrivance now known or hereafter invented, used, or
designed for navigation of, or flight in, the air. [Sec. 3, RA 776].
Aircraft engine. An engine used or intended to be used for propulsion
of aircraft and includes all parts, appurtenances, and accessories
thereof other than propellers. [Sec. 3, RA 776].
Aircraft piracy. See Hijacking.
Aircraft radio station. A radio station on board any aircraft. [Sec. 3, RA
776].

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Airman. Any individual who engages, as the person in command or as
pilot, mechanic, flight radio operator or member of the crew, in the
navigation of aircraft while under way; and any individual who is
directly in charge of inspection, maintenance, overhauling, or repair of
aircraft, aircraft engine, propellers, or appliances; and any individual
who serves in the capacity of aircraft dispatcher or air-traffic control
operator. [Sec. 3, RA 776].
Air navigation facility. Any facility used in, available for used in, or
designed for use in, aid of air navigation, including areas, lights, any
apparatus or equipment for disseminating weather information, for
signaling, for radio-directional finding, or for radio or other electrical
communication, and any other structure or mechanism having a similar
purpose for guiding or controlling flight in the air or the landing and
take-off of aircraft. [Sec. 3, RA 776].
Air pollutant. Any harmful or undesirable matter emitted in the
atmosphere, including smoke, soot, solid particles of any kind,
undesirable gases, fumes and obnoxious odors. [Sec. 2, PD 1181].
Airspace. The space above a state and coming under its jurisdiction.
Air transportation. Service or carriage of persons, property, or mail, in
whole or in part, by aircraft. [Sec. 3, RA 776].
Airway. A path thru the navigable air space identified by an area of
specified width on the surface of the earth designated or approved by
the Civil Aeronautics Administrator as suitable for air commerce or air
transportation. [Sec. 3, RA 776].
Air waybill. An instrument issued by an air carrier to a shipper that
serves as a receipt for goods and as evidence of the contract of
carriage, but is not a document of title for the goods. [Intl. Law Dict. &
Direct., 2004].
Airwolf. A kind of sky rocket shaped like an airplane with a propeller to
rise about forty (40) or fifty (50) feet and provide various kinds of light
while aloft. [Sec. 2, RA 7183].
Airworthiness. The term means that an aircraft, its engines, propellers,
and other components and accessories, are of proper design and

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construction, and are safe for air navigation purposes, such design and
construction being consistent with accepted engineering practice and in
accordance with aerodynamic laws and aircraft science. [Sec. 3, RA
776].
Al-Amanah Islamic Investment Bank of the Philippines, The
Charter of the. RA 6848 entitled An Act providing for the 1989
charter of the Al-Amanah Islamic Investment Bank of The Philippines,
authorizing its conduct of Islamic banking business, and repealing for
this purpose Presidential Decree Numbered Two Hundred and
Sixty-Four as amended by Presidential Decree Numbered Five Hundred
and Forty-Two (creating the Philippine Amanah Bank) enacted on Jan.
26, 1990.
Alarms and scandals. Crim. Law. The felony committed by: (a) any
person who within any town or public place, shall discharge any
firearm, rocket, firecracker, or other explosives calculated to cause
alarm or danger; (b) any person who shall instigate or take an active
part in any charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility; (c) any person who, while wandering
about at night or while engaged in any other nocturnal amusements,
shall disturb the public peace; or (d) any person who, while intoxicated
or otherwise, shall cause any disturbance or scandal in public places,
provided that the circumstances of the case shall not make the
provisions of Art. 153 of the Rev. Penal Code applicable. [Art. 155,
RPC].
Albularyo. Tag. Quack doctor. [People v. Abo, GR 107235. Mar. 2,
1994].
Alcoholism. A diseased condition caused by the excessive use of
alcoholic liquors. Continued, excessive or compulsive use of alcoholic
drink. [Morenos Law Dict., 2000 Ed., p. 23].
Aleatory contract. Civ. Law. 1. A contract whereby one of the parties
or both reciprocally bind themselves to give or to do something in
consideration of what the other shall give or do upon the happening of
an event which is uncertain, or which is to occur at an indeterminate
time. [Art. 2010, CC]. 2. A contract which, unlike a conditional
agreement whose efficacy is dependent on stated conditions, is at once
effective upon its perfection although the occurrence of a condition or

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event may later dictate the demandability of certain obligations
thereunder. [Tibay v. CA, GR 119655. May 24, 1996].
Alevosia. Crim. Law. Treachery. It exists when the culprit commits the
crime by employing means, methods, or forms in the execution thereof
which tend to directly and specially insure it without risk to the person
of the criminal, arising from any defense the injured party might make.
[Art. 10, RPC].
Alfonso doctrine. The doctrine enunciated in the leading case of
Alfonso v. Pasay [106 Phil. 1017 (1960)] that to determine due
compensation for lands appropriated by the Government, the basis
should be the price or value at the time it was taken from the owner
and appropriated by the Government. [Napocor v. CA, GR L-56378.
June 22, 1984].
Alias. Term used to indicate another name by which a person is known.
Short for alias dictus; also known as (a.k.a.). [Blacks Law Dict., Abr.
5th Ed. (1983), p. 36].
Alias subpoena. Rem. Law. One issued after the first has been returned
without having accomplished its purpose. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 37].
Alias summons. Rem. Law. Other summons issued the clerk, on
demand of the plaintiff, as the case may require, in the same form as
the original summons, in case the latter is returned without being
served on any or all of the defendants, or if it has been lost. [Sec. 4,
Rule 14, RoC].
Alias writ. Rem. Law. A second or further writ. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 37].
Alias writ of execution. Rem. Law. One issued after the first has been
returned without accomplishing its purpose. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 37].
Alibi. 1. The plea of having been elsewhere than at the scene of the
crime at the time of the commission of the felony. [People v.
Bracamonte, GR 95939, June 17, 1996]. 2. A defense that places the
defendant at the relevant time of the crime in a different place than the

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

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Alimony. An amount given to one spouse to another while they are
separated. [Claridades, A., Compilation of Notes, 2001-2006].
Alipin. Tag. Slave. [Claridades, A., Compilation of Notes, 2001-2006].
Aliquot. Fractional. [Claridades, A., Compilation of Notes, 2001-2006].
All. The whole extent or quantity of, the entire number of, every one of.
[Chua v. Cabangbang, GR L-23253. Mar. 28, 1969, citing Webster's
New World Dict. of the Amer. Lang., 1959 Ed., p. 38].
Allegans contraria non est audiendus. Lat. contradictory statements
will not be heard or considered. [Morenos Law Dict., 2000 Ed., p. 25].
Allegation. A statement of the issues in a written document (a pleading)
which a person is prepared to prove in court. [Glossary of Legal Terms
(Pro-Se), 2004].
Allegiance. The obligation of fidelity and obedience which individuals
owe to the government under which they live or to their sovereign in
return for the protection which they receive. [People v. Echegaray, GR
117472. Feb. 7, 1997, citing 52 Am Jur 797].
Alley. A public way intended to serve both pedestrian and emergency
vehicles, and also access to lots, both end always connecting to streets.
[Sec. 3, BP 220].
Alliance. A military treaty between two or more states, providing for a
mutually-planned offensive, or for assistance in the case of attack on
any member. [Duhaime's Legal Dict., 2004].
Allocation. The act of assigning a position to its proper class and salary
grade. [Sec. 3, PD 985].
Allonge. A piece of paper which has been attached to a contract, a
check or any promissory note, on which to add signatures because
there is not enough room on the main document. [Duhaime's Legal
Dict., 2004].
Allotments. Authorizations issued by the Department of Budget and
Management to an agency which allow the latter to incur obligations

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within a specified amount, as duly authorized by a Legislative
appropriation. [Sec. 3, EO 518].
Allowance. A benefit over and above the basic salary of an employee.
Allowance for good conduct. The deductions from the period of the
sentence to which any prisoner in any penal institution shall be entitled
for good conduct. [Art. 97, RPC].
Allowance for good conduct (for each month of good behavior).
The term refers to good behavior of a prisoner while he is serving his
term as a convict. [Baking v. Dir. of Prisons, GR L-30364. July 28,
1969].
Allowance of wills. Also Probate of wills. A special proceeding for
establishing the validity of the will or for the purpose of proving that
the instrument offered for probate is the last will and testament of the
testator, that it has been executed in accordance with the formalities
prescribed by law, and that the testator had the necessary
testamentary capacity at the time of the execution of the will. [Jurado,
Comments and Jurisp. on Succession, 1991 8th Ed., p. 133].
Allowance of wills probated abroad. Evidence necessary: (a) the due
execution of the will in accordance with the foreign laws; (b) the
testator has his domicile in the foreign country and not in the
Philippines; (c) the will has been admitted to probate in such country;
(d) the fact that the foreign tribunal is a probate court, and (e) the laws
of a foreign country on procedure and allowance of wills. [Vda. De
Perez v. Tolete, GR 76714. June 2, 1994].
All risks. The term is given a broad and comprehensive meaning as
covering any loss other than a willful and fraudulent act of the insured.
[Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989].
All risks insurance. An insurance the very purpose of which is to give
protection to the insured in those cases where difficulties of logical
explanation or some mystery surround the loss or damage to property.
[Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989].
All risks policy. Insurance against all causes of conceivable loss or
damage, except as otherwise excluded in the policy, or due to fraud or

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

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Alter ego principle. The rule that members of Cabinet may act for and
in behalf of the President in certain matters because the President
cannot be expected to exercise his control (and supervisory) powers
personally all the time. Each head of a department is, and must be, the
President's alter ego in the matters of that department where the
President is required by law to exercise authority. [Villena v. Sec. of the
Interior, 67 Phil. 451, 464 (1939)].
Altering boundaries or landmarks. Crim. Law. The felony committed
by any person who shall alter the boundary marks or monuments of
towns, provinces, or estates, or any other marks intended to designate
the boundaries of the same. [Art. 313, RPC].
Alternat. Intl. Law. An arrangement under which each negotiator is
allowed to sign first on the copy of the treaty which he will bring home
to his country, the purpose being to preserve the formal appearance of
equality among the contracting states and to avoid delicate questions
of precedence among its signatories. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 96].
Alternative causes of action or defenses. Two or more statements
of a claim or defense which a party may set forth alternatively or
hypothetically, either in one cause of action or defense or in separate
causes of action or defenses. When two or more statements are made
in the alternative and one of them if made independently would be
sufficient, the pleading is not made insufficient by the insufficiency of
one or more of the alternative statements. [Sec. 2, Rule 8, RoC].
Alternative circumstances. 1. Those circumstances which must be
taken into consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending its
commission. They are the relationship, intoxication and the degree of
instruction and education of the offender. [Art. 15, RPC]. 2. Those
circumstances that are either aggravating or mitigating according to the
nature and effects of the crime and other conditions attending its
commission. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 52,
citing Art. 15, RPC].
Alternative defendants. Any or all of several persons against whom
the plaintiff is entitled to relief and of whom he is uncertain may be
joined as defendants in the alternative, although a right to relief against

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one may be inconsistent with a right of relief against the other. [Sec.
13, Rule 3, RoC].
Alternative dispute resolution (ADR). 1. The methods by which legal
conflicts and disputes are resolved privately and other than through
litigation in the public courts, usually through one of two forms:
mediation or arbitration. It typically involves a process much less formal
than the traditional court process and includes the appointment of a
third-party to preside over a hearing between the parties. The
advantages of ADR are speed and money: it costs less and is quicker
than court litigation. ADR forums are also private. The disadvantage is
that it often involves compromise. [Duhaime's Legal Dict., 2004]. 2.
Settling a dispute without a full, formal trial. Methods include
mediation, conciliation, arbitration, and settlement, among others.
Alternative dispute resolution (ADR) system. Any process or
procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a
government agency, as defined in RA 9285, in which a neutral third
party participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini-trial,
or any combination thereof. [Sec. 3, RA 9285].
Alternative health care modalities. Other forms of non-allopathic,
occasionally non-indigenous or imported healing methods, though not
necessarily practiced for centuries nor handed down from one
generation to another. Some alternative health care modalities include
reflexology, acupuncture, massage, acupressure, chiropractics,
nutritional therapy, and other similar methods. [Sec. 4, RA 8423].
Alternative learning system. A parallel learning system to provide a
viable alternative to the existing formal education instruction. It
encompasses both the non-formal and informal sources of knowledge
and skills. [Sec. 4, RA 9155].
Alternative obligation. An obligation wherein various prestations are
due, but the performance of one of them is sufficient, determined by
the choice which as a general rule belongs to the debtor. [Art. 1199,
CC]. Compare with Facultative obligation.

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Alterum non laedere. Lat. Not to injure others. [In re: Jurado, AM
93-2-037 SC. Apr. 6, 1995].
Alumina smelting and refining. The production and manufacture of
aluminum from ore or alumina into one or more basic forms such as
ingots, billets, bars, sheets, strips, circles, tubes, rods, and castings,
pipes, section and extrusions. [Sec. 2, RA 4095].
Amalgamation. The merging of two things together to form one such
as the amalgamation of different companies to form a single company.
Ambassador. A citizen that has been officially asked by his country to
live in another country in order to legally represent it. [Duhaime's Legal
Dict., 2004].
Ambient air quality. The average atmospheric purity as distinguished
from discharge measurements taken at the source of pollution. It is the
general amount of pollution present in a broad area. [Sec. 62, PD
1152].
Ambiguity. Doubtfulness, doubleness of meaning, indistinctness or
uncertainty of meaning of an expression used in a written instrument.
[Suarez, Stat. Con., (1993), p. 4, citing Black Law Dict., 4th Ed., p.
105].
Ambulance chaser. 1. Any act of improper solicitation of cases such as
fomenting litigation or instigating unnecessary lawsuits. [Juan-Bautista,
Legal and Judicial Ethics, 2002 Ed., p. 9]. 2. A lawyer who haunts
hospitals and visits then homes of the afflicted, officiously intruding
their presence and persistently offering his service on the basis of a
contingent fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46-47,
citing Warvelle, Legal Ethics, pp. 56-57].
Ambulance chasing. Figuratively, the lawyers act of chasing an
ambulance carrying the victim of an accident for the purpose of talking
to the said victim or relatives and offering his legal services for the
filing of a case against the person who caused the accident. [Pineda,
Legal and Judicial Ethics, (1999 Ed.), p. 46].
Ambulatory. 1. Something which is not cast in stone; which can be
changed or revoked, such as a will. [Duhaime's Legal Dict., 2004].

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Amend. 1. To change or modify for the better, to alter by modification,
deletion, or addition. [Tolentino v. Sec. of Finance, GR 115455. Aug.
25, 1994, citing Black's Law Dict., 5th Ed., 1979]. 2. To change, to
revise, usually to the wording of a written document such as legislation.
Amended and clarified judgment. A judgment rendered by the lower
court after having made a thorough study of the original judgment and
only after considering all the factual and legal issues. The amended and
clarified decision is an entirely new decision which supersedes the
original decision. [Magdalena Estate, Inc. v. Caluag, 11 SCRA 333
(1964); Sta. Romana v. Lacson, 104 SCRA 93 (1981)].
Amended pleadings. Pleadings amended by adding or striking out an
allegation or the name of any party, or by correcting a mistake in the
name of a party or a mistaken or inadequate allegation or description in
any other respect, so that the actual merits of the controversy may
speedily be determined, without regard to technicalities, and in the
most expeditious and inexpensive manner. [Sec. 1, Rule 10, RoC].
Amendment. Isolated or piecemeal change of the instrument. [Cruz,
Constl. Law, 1998 Ed., p. 11]. Compare with Revision.
A mensa et thoro. Lat. From bed and board. [Claridades, A.,
Amicable settlement. A mutually negotiated and agreed upon
resolution of a dispute.
Amici par excellence. Bar associations which appear in court as friends
to expound on some matters of law for the information of the court.
[Juan-Bautista, Legal and Judicial Ethics, 2002 Ed., p. 9].
Amicus curiae. Lat. Friend of the court. 1. A lawyer who volunteers or
is requested by the court to appear to give information to the judge or
the court on some doubtful questions of law. [Juan-Bautista, Legal and
Judicial Ethics, 2002 Ed., p. 8]. 2. Persons asking for permission to
intervene in a case in which they are neither plaintiff or defendant,
usually to present their point of view (or that of their organization) in
case which has the potential of setting a legal precedent in their area of
activity. [Duhaime's Legal Dict., 2004].

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Amnesia. Legal Med. The loss of memory of either a recent event or of
past events as observed in head injuries. [Olarte, Legal Med., 1st Ed.
(2004), p. 147].
Amnesty. 1. It commonly denotes a general pardon to rebels for their
treason or other high political offenses, or the forgiveness which one
sovereign grants to the subjects of another, who have offended by
some breach the law of nations. [Llamas v. Orbos, GR 99031. Oct. 15,
1991]. 2. An act of the sovereign power granting oblivion or general
pardon for the past offense, and is rarely, if ever, exercised in behalf of
a certain class of persons, who are subject to trial but have not yet
been convicted. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p.
312, citing Brown v. Walker, 161 US 602].
Amoebic colitis. An infectious disease caused by endamoeba
hystolytica, frequently producing a painful passage of bloody mucoid
stool. Infection is acquired by ingestion of food or drink contaminated
by feces containing amoebic cyst. The tumor commences in the mucous
membrane and gradually invades the deeper structures. Genetic
influence is a predisposing factor. Anemia is a condition in which the
normal amount of red blood cells is reduced. It may be due to blood
loss secondary to the passing out of blood in the stool. [Sierra v. GSIS,
GR 50954. Feb. 8, 1989].
Amount financed. In a consumer credit sale, it constitutes the cash
price plus non-finance charges less the amount of any downpayment
whether made in cash or in property traded in, or in a consumer loan
the amount paid to, receivable by or paid or payable to the buyer or to
another person in his behalf. [Art. 4, RA 7394].
Amount in controversy. For purposes of determining jurisdiction, the
amount of the contract or the value of the property subject of the
contract. [Morenos Law Dict., 2000 Ed., p. 27].
Ampere. The base unit of electric current which is that constant current
which, if maintained in two parallel conductors of infinite length, of
negligible circular cross-section, and placed one metre apart in vacuum,
would produce between these conductors a force equal to 2 x 10-7
newton per metre of length. [Sec. 4, BP 8].

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Amphetamines. Synthetic amines which act with a pronounced
stimulant effect on the central nervous system. They are the first and
last drugs which cause a subjective feeling of improved mood true
euphoria, in fact - and it is for this reason that they cause states of
psychic dependence. [People v. Angeles, GR 92850. June 15, 1992].
Ample opportunity. Every kind of assistance that management must
accord to the employee to enable him to prepare adequately for his
defense. [Ruffy v. NLRC, GR 84193. Feb. 15, 1990].
Amusement. A pleasurable diversion and entertainment. It is
synonymous to relaxation, avocation, pastime, or fun. [Sec. 131, RA
7160].
Amusement places. Theaters, cinemas, concert halls, circuses and
other places of amusement where one seeks admission to entertain
oneself by seeing or viewing the show or performances. [Sec. 131, RA
7160].
Anadromous species. Marine fishes which migrate to freshwater areas
to spawn. [Sec. 4, RA 8550].
Analogous. Allied or similar. [Morenos Law Dict., 2000 Ed., p. 28].
Ancestral domains. All areas generally belonging to Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) comprising lands,
inland waters, coastal areas, and natural resources therein, held under
a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since
time immemorial, continuously to the present except when interrupted
by war, force majeure or displacement by force, deceit, stealth or as a
consequence of government projects or any other voluntary dealings
entered into by government and private individuals/corporations, and
which are necessary to ensure their economic, social and cultural
welfare. [Sec. 4, RA 8371].
Ancestral lands. 1. All lands exclusively and actually possessed,
occupied, or utilized by indigenous cultural communities by themselves
or through their ancestors in accordance with their customs and
traditions since time immemorial, and as may be defined and delineated
by law. [Sec. 3, RA 7942]. 2. Land occupied, possessed and utilized by
individuals, families and clans who are members of the Indigenous

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Cultural Communities / Indigenous Peoples (ICCs/IPs) since time
immemorial, by themselves or through their predecessors-in-interest,
under claims of individual or traditional group ownership, continuously,
to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered into by
government and private individuals / corporations, including, but not
limited to, residential lots, rice terraces or paddies, private forests,
swidden farms and tree lots. [Sec. 4, RA 8371].
Anchorage. A place with sufficient depth of water where vessels anchor
or may ride at anchor or may ride at anchor within the harbor. [Sec. 3,
PD 857].
Ancient document. A private document which is more than thirty (30)
years old, produced from a custody in which it would naturally be found
if genuine, and is unblemished by alterations or circumstances of
suspicion. [Claverias v. Quingco, GR 77744. Mar. 6, 1992].
Ancient document rule. For a private ancient document to be exempt
from proof of due execution and authenticity, it is not enough that it be
more than thirty (30) years old; it is also necessary that the following
requirements are fulfilled; (a) that it is produced from a custody in
which it would naturally be found if genuine; and (b) that it is
unblemished by any alteration or circumstances of suspicion. [Lacsa v.
CA, GR 79597-98. May 20, 1991, citing Francisco, Vicente J., The
Revised Rules of Court in the Phil., Vol. VIII, Part II, 1973 Edition, p.
432].
Ancillary. A proceeding which is auxiliary or subordinate to another
proceeding. In probate, a proceeding in a state where a decedent
owned property but was not domiciled. [Glossary of Legal Terms
(Pro-Se), 2004].
Ancillary industries. Fisheries Law. Firms or companies related to the
supply, construction and maintenance of fishing vessels, gears, nets
and other fishing paraphernalia; fishery machine shops; and other
facilities such as hatcheries, nurseries, feed plants, cold storage and
refrigeration, processing plants and other pre-harvest and post-harvest
facilities. [Sec. 4, RA 8550].

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Ancillary jurisdiction. Power of court to adjudicate and determine
matters incidental to the exercise of its primary jurisdiction of an action.
[Black's Law Dict. 79 (5th Ed. 1979)].
Ancillary jurisdiction doctrine. The rule that in an action before the
RTC, the counterclaim may be considered compulsory regardless of the
amount. [Sec. 7, Rule 6, RoC].
Ancillary services. Those services that are necessary to support the
transmission of capacity and energy from resources to loads while
maintaining reliable operation of the transmission system in accordance
with good utility practice and the grid code to be adopted in accordance
with RA 9136. [Sec. 4, RA 9136].
And. A conjunction pertinently defined as meaning "together with,"
"joined with;" "along or together with," "added to or linked to," used to
conjoin word with word, phrase with phrase, clause with clause. [Phil.
Const. Assoc. v. Mathay, GR L-25554. Oct. 4, 1966].
Anemia. A condition in which the normal amount of red blood cells is
reduced. [Sierra v. GSIS, GR 50954. Feb. 8, 1989].
Angary, right of. Intl. Law. A right by which a belligerent may, upon
payment of just compensation, seize, use or destroy, in case of urgent
necessity for purposes of offense or defense, neutral property found in
its territory, in enemy territory, or on the high seas. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 157].
Animus contrahendi. Lat. An intention to contract. [Claridades, A.,
Animus donandi. Lat. Intent to do an act of liberality. [Tayoto v. Heirs
of Cabalo Kusop, GR 74203. Apr. 17, 1990, citing Tolentino, Civil Code
of the Phil., Vol. II, 1987 Ed., p. 496].
Animus furandi. Lat. Intent to gain. [People v. Alfeche, GR 102070.
July 23, 1992].
Animus hominis est anima scripti. Lat. The intention of the party is
the soul of the instrument. [Kilosbayan v. Guingona, GR 113375. May
5, 1994].

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Animus interficendi. Lat. Intent to kill. [People v. Quijada, GR
115008-09. July 24, 1996].
Animus lucrandi. Lat. Intent to gain. [People v. Gavina, GR 118076.
Nov. 20, 1996].
Animus manendi. Lat. Intention to remain there. [Romualdez v. RTC
Tacloban, 226 SCRA 408, 415].
Animus non revertendi. Lat. 1. An intention not to return. 2. An
intention to abandon the old domicile. [Romualdez v. RTC Tacloban,
226 SCRA 408, 415].
Animus novandi. Lat. Intention to novate. [Tui Siuco v. Habana, GR
21106; 45 Phil. 707; La Tondea v. Alto Surety, 101 Phil. 879, GR
L-10132].
Animus occupandi. Lat. Intention to take possession of or seize. Legal
rule that in order for a state to claim title to a territory, the state must
intend to exercise sovereign powers therein. [Intl. Law Dict. & Direct.,
2004].
Animus possidendi. Lat. An intent to possess. [Veroy v. Layague, GR
95630. June 18, 1992].
Animus rem sibi habiendi. Lat. Intent to appropriate the thing as
ones own. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
465].
Animus revocandi. Lat. Intent to revoke. [Maloto v. CA, GR 76464.
Feb. 29, 1988].
Annex. To attach, and often, specifically, to subjoin. To add to; to unite.
Annotations. Remarks, notes, case summaries, or commentaries
following statutes which describe interpretations of the statute.
Annual allowable cut. The volume of materials, whether of wood or
other forest products, that is authorized to be cut regularly from the
forest. [Sec. 3, PD 705].

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Annual budget. A financial plan embodying the estimates of income
certified as reasonably collectible by the provincial treasurer in the case
of provinces and their respective municipalities and by the city treasurer
in the case of cities, and appropriations covering the proposed
expenditures for the ensuing fiscal year. [Sec. 14, PD 477].
Annual income. Revenues and receipts realized by provinces, cities and
municipalities from regular sources of the local general and
infrastructure funds including the internal revenue and specific tax
allotments provided for in PDs 144 and 436, both as amended, but
exclusive of non-recurring receipts, such as other national aids, grants,
financial assistance, loan proceeds, sales of fixed assets, and similar
others. [Sec. 4, EO 249, July 25, 1987].
Annual procurement plan. The itemized list prepared by the head of
the department or office showing the kind, estimated quantity,
estimated cost, description of supplies or property together with the
balance on hand, if any, required by the department or office for the
ensuing fiscal year. [Sec. 4, Rules and Regulations on Supply and
Property Management].
Annual procurement program. The itemized list prepared by the local
chief executive showing the kind, estimated quantity, estimated cost,
description of supplies together with the balance on hand, if any,
required by the local government for the ensuing fiscal year. The
annual procurement program shall essentially be based on the annual
procurement plan. [Sec. 4, Rules and Regulations on Supply and
Property Management].
Annuity. An amount payable yearly or at other regular intervals (e.g.,
quarterly) for a certain or uncertain period (as for years or for life, as in
the case of an endowment fund). The term may refer to the right to
receive such annuities, or to the agreement or contract whereby in
return for capital consisting of money or other property given by the
annuitant (one entitled to receive the benefits), the recipient binds
himself to pay the stipulated annuity. [De Leon, Fundamentals of
Taxation, 2000 Ed., p. 97].
Annul. To reduce to nothing; to annihilate; obliterate; blot out; to make
void or of no effect; to nullify; to abolish. [Nuguid v. Nuguid, GR

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L-23445. June 23, 1966, citing Madden v. Madden, 40 A.2d 611, 614,
136 N.J. Eq. 132].
Annullable contract. See Voidable contract.
Annulment. Making void; Canceling an event or judicial proceeding both
retroactively and for the future. [Duhaime's Legal Dict., 2004].
Annulment of a contract, action for the. An action which may be
instituted by all who are thereby obliged principally or subsidiarily under
the contract. However, persons who are capable cannot allege the
incapacity of those with whom they contracted; nor can those who
exerted intimidation, violence, or undue influence, or employed fraud,
or caused mistake base their action upon these flaws of the contract.
[Art. 1397, CC].
Annulment of judgment. Grounds: (a) that the judgment is void for
want of jurisdiction or lack of due process of law, or (b) that it has been
obtained by fraud. [Santos v. CA, GR 59771. July 21, 1993].
Anonymous testing. An HIV testing procedure whereby the individual
being tested does not reveal his/her true identity. An identifying
number or symbol is used to substitute for the name and allows the
laboratory conducting the test and the person on whom the test is
conducted to match the test results with the identifying number or
symbol. [Sec. 3, RA 8504].
Anorexia nervosa. Legal Med. A disorder characterized by a distorted
body image, an extreme fear of obesity, refusal to maintain a minimally
normal body weight, and in women, the absence of menstrual periods.
[Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Bulimia
nervosa.
Anovulatory. The first menstrual period of a girl characterized by the
absence of ovulation. [Moreno's Phil. Law Dict., 3rd Ed., p. 29].
Answer. 1. A pleading in which a defendant or other adverse party sets
forth the negative and affirmative defenses upon which he relies. [Sec.
4, Rule 6, RoC]. 2. A formal, written statement by the defendant in a
lawsuit which answers each allegation contained in the complaint.

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Answers to interrogatories. A formal written statement by a party to
a lawsuit which answers each question or interrogatory propounded by
the other party. These answers must be acknowledged before a notary
public or other person authorized to take acknowledgments. [Glossary
of Legal Terms (Pro-Se), 2004].
Antecedent intelligence. Otherwise known as the Doctrine of last
clear chance.
Antedate. To date back; retroactively. To date a document to a time
before it was written. To date back; retroactively. To date a document
to a time before it was written. [Duhaime's Legal Dict., 2004].
Antedated instrument. A negotiable instrument where the date
appearing thereon is earlier than the true date of its issuance.
[Claridades, A., Compilation of Notes, 2001-2006]. Compare with
Postdated instrument.
Ante litem motam. Lat. Before the controversy. [Sec. 39, Rule 130,
RoC].
Ante mortem statement. See Dying declaration.
Ante nuptial. An event or document which pre-dates a marriage. For
example, an ante-nuptial agreement is one which is signed before
marriage. An ante-nuptial gift is a gift given by one spouse to the other
before marriage. [Duhaime's Legal Dict., 2004].
Anthropological area. Any place where studies of specific cultural
groups are being or should be undertaken in the field of anthropology.
Anthropology in this case is descriptive, interpretative and comparative
study of all aspects of various cultural linguistic groups including the
collection and analysis of their particular material culture. [Sec. 3, RA
4846].
Anti-Carnapping Act of 1972. RA 6539 entitled An Act preventing
and penalizing carnapping enacted on Aug. 26, 1972.
Anti-Cattle Rustling Law of 1974. PD 533 signed into law on Aug. 8,
1974.

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Antichresis contract. A contract whereby the creditor acquires the
right to receive the fruits of an immovable of his debtor, with the
obligation to apply them to the payment of the interest, if owing, and
thereafter to the principal of his credit. [Art. 2132, CC].
Anticipation of duties of a public office. The assumption by any
person of the performance of the duties and powers of any public
officer or employment without first being sworn in or having given the
bond required by law. [Art. 236, RPC].
Anticipatory breach doctrine. The rule that where the covenant or
contract is entire, and the breach total, there can be only action, and
the plaintiff must therein recover all his damages. [Blossom & Co. v.
Manila Gas, GR 32958. Nov. 8, 1930, citing 34 CJ, p. 839].
Anti-Deadly Arrow Law. RA 3553 entitled An Act to prohibit the
possession of deadly arrow enacted on June 21, 1963.
Anti-Dummy Law. CA 108, as amended by PD 715, entitled An Act to
punish acts of evasion of the laws on the nationalization of certain
rights, franchises or privileges enacted on Oct. 30, 1936.
Anti-Electricity and Electric Transmission Lines/ Materials
Pilferage Act of 1994. RA 7832 entitled An Act penalizing the
pilferage of electricity and theft of electric power transmission lines/
materials, rationalizing system losses by phasing out pilferage losses as
a component thereof, and for other purposes enacted on Dec. 8, 1994.
Anti-Fencing Law of 1979. PD 1612 entitled Anti-Fencing Law
signed into law on Mar. 2, 1979.
Anti-graft and corrupt practices. Elements: (a) The accused is a
public officer discharging administrative or official functions or private
persons charged in conspiracy with them; (b) the public officer
committed the prohibited act during the performance of his official duty
or in relation to his public position; (c) the public officer acted with
manifest partiality, evident bad faith or gross, inexcusable negligence;
and (d) his action caused undue injury to the Government or any
private party, or gave any party any unwarranted benefit, advantage or
preference to such parties. [Quibal v. Sandiganbayan, GR 109991. May
22, 1995].

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

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Anti-Wire Tapping Act. RA 4200 entitled An Act to prohibit and
penalize wire tapping and other related violations of the privacy of
communication, and for other purposes enacted on June 19, 1965.
Anxiety neurosis. A progressive disintegration of personal instability
arising in the course of the intercurrent illness. [Galanida v. ECC, GR
L-70660. Sep. 24, 1987].
Aparador. Sp. 1. Locker. [People v. Repuela, GR 85178. Mar. 15, 1990].
2. Cabinet. [People v. Nopia, GR L-36297-99. Apr. 26, 1982]. 3.
Wardrobe. [People v. Castillo, GR L-11793. May 19, 1961].
Apparent. Appearance to unaided senses that is not or may not be
borne out by more rigorous examination or greater knowledge. [Bank
of America, NT & SA v. CA, GR 105395. Dec. 10, 1993, citing Webster's
9th New Collegiate Dict.].
Apparent authority. That which, though not actually granted, the
principal knowingly permits the agent to exercise, or which he holds out
as possessing. [Morenos Law Dict., 2000 Ed., p. 31].
Apartment house. A building containing a number of separate
residential suites. [Sec. 63, PD 856].
Apathy. Legal Med. Serious disregard of the surroundings. [Olarte, Legal
Med., 1st Ed. (2004), p. 150].
Apoderamiento. Sp. Unlawful taking. [People v. Puno, GR 97471. Feb.
17, 1993].
Apparent authority doctrine. See Ostensible authority doctrine.
Apparent easements. Those easements which are made known and
are continually kept in view by external signs that reveal the use and
enjoyment of the same. [Art. 615, CC].
Appeal. 1. Rem. Law. An essential part of judicial system (the purpose
of which) is to bring up for review a final judgment of the lower court.
[Aguilar v. CA, GR 11482. Nov. 28, 1995]. 2. A proceeding brought to a
higher court to review a lower court decision. [Glossary of Legal Terms
(Pro-Se), 2004]. 3. Labor. 1. The elevation by an aggrieved party of
any decision, order or award of a lower body to a higher body, by

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means of a pleading which includes the assignment of errors,
memorandum of arguments in support thereof, and the reliefs prayed
for. [Sec. 1, Rule 1, Book 5, IRR of LC].
Appealable interest. (That which) a party has only when his property
may be diminished, his burdens increased or his rights prejudiced by
the order sought to be reviewed. [Ruiz v. CA, GR 101566. Aug. 17,
1992].
Appeal bond. A guaranty by the appealing party insuring that court
costs will be paid. [Glossary of Legal Terms (Pro-Se), 2004].
Appeal by certiorari. A mode of appeal upon questions of law from the
judgment of the Regional Trial Court or the Court of Appeals and is
brought before the Supreme Court under Rule 45 of the Rules of Court
by a Petition for review on certiorari. [Morenos Law Dict., 2000
Ed., p. 32]. Compare with Special civil action for certiorari.
Appeal, perfection of an. The filing within the prescribed period, of the
memorandum of appeal containing, among others, the assignment of
error/s, the argument in support thereof, the reliefs sought and posting
of the appeal bond. [Sec. 1, Rule 1, Book 5, IRR of LC].
Appearance. 1. Voluntary submission to a court's jurisdiction. [Villegas
v. Legaspi, GR 53869. Mar. 25, 1982, citing Pacilio v. Scarpati, 300
N.Y.S. 473, 478]. 2. The act of showing up in court as either plaintiff,
defendant, accused or any other party to a civil or criminal suit.
Appearances are most often made by lawyers on their clients behalf
and any appearance by a lawyer binds the client. [Duhaime's Legal
Dict., 2004].
Appearance as counsel. A voluntary submission to a court's
jurisdiction by a legal advocate or advising lawyer professionally
engaged to represent and plead the cause of another. [Haverty
Furniture Co. v. Fausta, 124 S.N. 2d 694, 697].
Appellant. The party appealing a decision or judgment (before an
appellate court). [Jurists Legal Dict., 2004].
Appellate court. A court having jurisdiction to hear appeals and review
a trial court's procedure. [Glossary of Legal Terms (Pro-Se), 2004].

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Appellate jurisdiction. The authority of a Court higher in rank to
reexamine the final order or judgment of a lower Court which tried the
case now elevated for judicial review. [Garcia v. De Jesus, GR 88158.
Mar. 4, 1992, citing Rem. Law Compendium, Regalado, 5th Rev. Ed.,
Vol. 1, p. 3]. Compare with Original jurisdiction.
Appellee. The party against whom an appeal is taken. [Glossary of Legal
Appendix. Supplementary materials added to the end of a document.
Application of payment. It takes place where a debtor has various
debts of the same kind in favor of one and the same creditor and the
debtors payment is not sufficient to pay all the debts due, so the
debtor has the first choice to indicate which particular debt is to be
paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 42, citing Art. 1252, CC].
Appoint. To allot, set apart, or designate; nominate or authoritatively
assign as for a use, or to a position or office. [Borromeo v. Marciano,
GR 16808. Jan. 3, 1921, citing Century Dict. and Encyc.].
Appointing authority. The person empowered to appoint the members
of the board of Directors of a local water district, depending upon the
geographic coverage and population make-up of the particular district.
In the event that more than seventy-five percent of the total active
water service connections of a local water district are within the
boundary of any city or municipality, the appointing authority shall be
the mayor of that city or municipality, as the case may be; otherwise,
the appointing authority shall be the governor of the province within
which the district is located. If portions of more than one province are
included within the boundary of the district, and the appointing
authority is to be the governors then the power to appoint shall rotate
between the governors involved with the initial appointments made by
the governor in whose province the greatest number of service
connections exists. [Sec. 3, PD 198].
Appointing officer. The person or body authorized by law to make
appointments in the Philippine Civil Service. [Sec. 3, PD 807].
Appointing power of the President. The power of the President to
nominate and, with the consent of the Commission on Appointments,

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

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Appraised value. 1. The estimated value of disposable property after
inspection taking into account its condition, usability and other factors.
[Sec. 4, Rules and Regulations on Supply and Property Management].
2. The quantification of the present financial values of the property, to
determine the fair and said value of the property vis--vis the general
property area in which it is located, and relative vales thereof. [Memo.
from the Exec. Sec. dated Aug. 20, 1998].
Apprentice. Labor. 1. A worker who is covered by a written
apprenticeship agreement with an individual employer or any of the
entities recognized under the Labor Code. [Art. 58, LC]. 2. A person
bound in the form of law to a master, to learn from him his art, trade,
or business, and to serve him during the time of his apprenticeship.
[Wallem Maritime Services v. NLRC, GR 108433. Oct. 15, 1996, citing
Bouviers Law Dict., 3rd Rev., Vol. I, p. 217].
Apprenticeable occupation. Labor. Any trade, form of employment or
occupation which requires more than three months of practical training
on the job supplemented by related theoretical instruction. [Art. 58,
LC].
Apprentice, qualifications of. Labor. To qualify as an apprentice, a
person shall: (a) be at least fifteen year of age; (b) possess vocational
aptitude and capacity for apprenticeship as established through
appropriate tests; and (c) possess the ability to comprehend and follow
oral and written instructions. [Art. 59, LC, as amended].
Apprenticeship. Labor. Practical training on the job supplemented by
related theoretical instruction. [Art. 58, LC].
Apprenticeship agreement. Labor. An employment contract wherein
the employer binds himself to train the apprentice and the apprentice in
turn accepts the terms of training. [Art. 58, LC].
Approbate and reprobate. In the language of the Scotch law, the rule
that a party can not either in the course of litigation or in dealing in
pais occupy inconsistent positions. [Bismorte v. Aldecoa & Co., GR
L-5586. Dec. 10, 1910].
Appropriar. Sp. Misappropriate. To own, to take something for one's
own benefit. [Sy v. People, GR 85785. Apr. 24, 1989, citing II Crim.
Law, Reyes, 12th Ed., p. 729].

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Appropriate adversary proceeding. One having opposing parties;
contested, as distinguished from an ex parte application, one of which
the party seeking relief has given legal warning to the other party, and
afforded the latter an opportunity to contest it. It excludes an adoption
proceeding. [Rep. v. CFI of Camarines, GR L-36773. May 31, 1988,
citing Platt v. Magagnini, 187 p. 716, 718, 110 Was. 39].
Appropriate fishing technology. Adaptable technology, both in fishing
and ancillary industries, that is ecologically sound, locally source-based
and labor intensive. [Sec. 4, RA 8550].
Appropriation. The legislative authorization prescribed by the
Constitution that money may be paid out of the Treasury. [Gonzales v.
Raquiza, GR 29627. Dec. 19, 1989, citing Martin, New Const. of the
Phil., p. 399, 1987 Ed.].
Appropriation bill. A bill (in Congress) the primary and specific purpose
of which is to authorize the release of funds from the public treasury.
[Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 352].
Appropriation law. One the primary and specific purpose of which is to
authorize the release of public funds from the treasury. [Assoc. of Small
Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989].
Appropriation made by law. The act of the legislature setting apart or
assigning to a particular use a certain sum to be used in the payment of
debt or dues from the State to its creditors. [Gonzales v. Raquiza, GR
29627. Dec. 19, 1989, citing Martin, New Const. of the Phil., p. 399,
1987 Ed.].
Appropriation of water. The acquisition of rights over the use of
waters or the taking or diverting of waters from a natural source in the
manner and for any purpose allowed by law. [Art. 9, PD 1067].
Appropriations. 1. An authorization made by law or other legislative
enactment, directing payment out of government funds under specified
conditions or for specified purposes. [Sec. 2, Chap. 1, Book VI, EO
292]. 2. The estimates of expenditures in a budget when finally
approved by the appropriate authorities concerned. [Sec. 14, PD 477].

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Appropriations bill. A bill filed in Congress proposing to authorize the
release of funds from the public treasury. [Claridades, A., Compilation
of Notes, 2001-2006].
Appropriation sub rosa. An appropriation the purpose of which is to
allot a budget which is intended to benefit legislators. To hide this to
the public, the legislators agree among themselves that the same shall
no longer be scrutinized and subjected to public hearings. [Suarez, Pol.
Law Reviewer, 1st Ed., 2002, p. 342].
Approved budget for the contract (ABC). The budget for the
contract duly approved by the head of the procuring entity, as provided
for in the General Appropriations Act (GAA) and/or continuing
appropriations, in the national government agencies; the corporate
budget for the contract approved by the governing boards, pursuant to
EO 518, series of 1979, in the case of government financial institutions
and state universities and colleges; and the budget for the contract
approved by the respective Sanggunian, in the case of local
government units. [Sec. 5, RA 9184].
Appurtenance. Something that, although detached, stands as part of
another thing. An attachment or appendage to something else.
Aquaculture. Fishery operations involving all forms of raising and
culturing fish and other fishery species in fresh, brackish and marine
water areas. [Sec. 4, RA 8550].
Aquatic life. All organisms living in freshwater, brackish and marine
environment. [Sec 4, RA 9275].
Aquatic pollution. The introduction by human or machine, directly or
indirectly, of substances or energy to the aquatic environment which
result or is likely to result in such deleterious effects as to harm living
and non-living aquatic resources, pose potential and/or real hazard to
human health, hindrance to aquatic activities such as fishing and
navigation, including dumping/disposal of waste and other marine
litters, discharge of petroleum or residual products of petroleum or
carbonaceous materials/substances, and other, radioactive, noxious or
harmful liquid, gaseous or solid substances, from any water, land or air
transport or other human-made structure. [Sec. 4, RA 8550].

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Aquatic resources. Fish, all other aquatic flora and fauna and other
living resources of the aquatic environment, including, but not limited
to, salt and corals. [Sec. 4, RA 8550].
Aqueduct easement. The right of any person who may wish to use
upon his own estate any water of which he can dispose to make it flow
through the intervening estates, with the obligation to indemnify their
owners, as well as the owners of the lower estates upon which the
waters may filter or descend. [Art. 642, CC].
Aquifer. A layer of water-bearing rock located underground that
transmits water in sufficient quantity to supply pumping wells or natural
springs. [Sec 4, RA 9275].
A quo. Lat. From which. A court a quo is a court from which a cause has
been removed. [Claridades, A., Compilation of Notes, 2001-2006].
Arador. Plower of land. [Morenos Law Dict., 2000 Ed., p. 35].
Arbitrage. Fr. arbitere: to arbitrate or to regulate. The nearly
simultaneous purchase of currencies (or other commodities) in one
market and its resale in another in order to profit from the price
differential. [Intl. Law Dict. & Direct., 2004].
Arbitral award. The decision reached by arbitrators in an arbitration.
[Tetley, Glossary of Conflict of Laws, 2004].
Arbitrary act. 1. One that arises from an unrestrained exercise of the
will, caprice, or personal preference of the actor. [Webster's 3rd New
Intl. Dict., p. 110]. 2. One which is not founded on a fair or substantial
reason. [Words & Phrases, Permanent Ed., Vol. 3-A, p. 573). 3. One
which is without adequate determining principle, non-rational, and
solely dependent on the actor's will. [Words & Phrases, supra, p. 562];
[All definitions cited in Aquino v. Ponce-Enrile, GR L-35546. Sep. 17,
1974].
Arbitrary detention. Crim. Law. 1. The felony committed by any public
officer or employee who, without legal grounds, detains a person. [Art.
124, RPC]. 2. The deprivation by a public officer of the liberty of a
person without any legal ground. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed., p. 377]. Compare with Illegal detention.

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Arbitration. 1. An alternative dispute resolution method by which an
independent, neutral third person (arbitrator) is appointed to hear and
consider the merits of the dispute and renders a final and binding
decision called an award. The process is similar to the litigation process
as it involves adjudication, except that the parties choose their
arbitrator and the manner in which the arbitration will proceed. The
decision of the arbitrator is known as an award. [Duhaime's Legal
Dict., 2004]. 2. A process for the adjudication of disputes by which the
parties agree to be bound by the decision of a third person or body in
place of a regularly organized tribunal. 3. The settling of disputes
between parties who agree not to go before the courts, but rather
agree to accept as final the decision of experts of their choice, in a
place of their choice, usually subject to laws agreed upon in advance
and usually under rules which avoid much of the formality and niceties
of proof and procedure required by the courts. [Tetley, Glossary of
Arbitration agreement. The agreement concluded between parties,
providing for the submission of their dispute to arbitration, usually in a
particular place, under a particular law governing the dispute along with
rules of procedure governing the appointment of arbitrators and the
arbitration process. The law applicable to the arbitration agreement,
the laws applicable to the subject of the dispute, the law of the arbitral
proceedings and the applicable conflict rules may all be different, each
having a proper law of its own. [Tetley, Glossary of Conflict of Laws,
2004].
Arbitration clause. A clause in a bill of lading, a waybill, a charter party
or other contract, providing that any dispute arising under the contract
shall be submitted to arbitration (supra) before one or more arbitrators,
in the place and according to the laws and rules specified in the clause.
Arbitration law. RA 876 entitled An Act to authorize the making of
arbitration and submission agreements, to provide for the appointment
of arbitrators and the procedure for arbitration in civil controversies,
and for other purposes enacted on June 19, 1953.
Arbitrator. 1. The person appointed to render an award, alone or with
others, in a dispute that is the subject of an arbitration agreement.
[Sec. 3, RA 9285]. 2. A private, disinterested person chosen by the
parties in arbitration to hear evidence concerning the dispute and to

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make an award based on the evidence. [Glossary of Legal Terms
(Pro-Se), 2004].
Archaeological site. Any place which may be underground or on the
surface, underwater or at sea level which contains fossils, artifacts and
other cultural, geological, botanical, zoological materials which depict
and document evidences of palaeontological and pre-historic events.
[Sec. 3, RA 4846].
Archipelagic sea. All waters within the baselines of an archipelago
except internal waters such as roadsteads, lakes and rivers. [Sec. 4,
DENR Admin. Order 95-23].
Archipelagic waters. The waters inside the archipelagic baselines of an
archipelagic state other than its internal waters. [Intl. Law Dict. &
Direct., 2004].
Archipelago principle. Intl. Law. The waters around, between and
connecting the island of the archipelago, regardless of their breadth or
dimension, are to be treated as internal waters. [Sandoval, Pol. Law
Reviewer 2003].
Architect. A person professionally and academically qualified, registered
and licensed under RA 9266 with a Certificate of Registration and
Professional Identification Card issued by the Professional Regulatory
Board of Architecture and the Professional Regulation Commission
(PRC), and who is responsible for advocating the fair and sustainable
development, welfare and cultural expression of society's habitat in
terms of space, forms and historical context. [Sec. 3, RA 9266].
Architect-in-charge of construction. An architect registered and
licensed under RA 9266, who is directly and professionally responsible
and liable for the construction supervision of the project. [Sec. 3, RA
9266].
Architect-of-record. The architect registered and licensed under RA
9266, who is directly and professionally responsible for the total design
of the project for the client and who shall assume the civil liability for
the plans, specifications and contract documents he/she has signed and
sealed. [Sec. 3, RA 9266].

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Architectural firm. A sole proprietorship, a partnership or a corporation
registered with the proper government agencies. [Sec. 3, RA 9266].
Architecture.
constructing
environment,
beauty. [Sec.
The art, science or profession of planning, designing and

buildings in their totality taking into account their
in accordance with the principles of utility, strength and
3, RA 9266].
Architecture, general practice of. The act of planning and

architectural designing, structural conceptualization, specifying,
supervising and giving general administration and responsible direction
to the erection, enlargement or alterations of buildings and building
environments and architectural design in engineering structures or any
part thereof; the scientific, aesthetic and orderly coordination of all the
processes which enter into the production of a complete building or
structure performed through the medium of unbiased preliminary
studies of plans, consultations, specifications, conferences, evaluations,
investigations, contract documents and oral advice and directions
regardless of whether the persons engaged in such practice are
residents of the Philippines or have their principal office or place of
business in this country or another territory, and regardless of whether
such persons are performing one or all these duties, or whether such
duties are performed in person or as the directing head of an office or
organization performing them. [Sec. 3, RA 9266].
Architecture, scope of the practice of. Encompasses the provision of
professional services in connection with site, physical and planning and
the design, construction, enlargement, conservation, renovation,
remodeling, restoration or alteration of a building or group of buildings.
[Sec. 3, RA 9266].
Area. The size of the land or building in square meters. [Memo. from the
Exec. Sec. dated Aug. 20, 1998].
Areas for priority development (APDs). Those areas declared as
such under existing statutes and pertinent executive issuances. [Sec. 3,
RA 7279]. Also Urban land reform zones.
Areas impacted by public facilities. Areas where the introduction of
public facilities may tend to induce development and urbanization of
more than local significance or impact. [Sec. 62, PD 1152].

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Areas of critical environmental concern. Areas where uncontrolled
development could result in irreparable damage to important historic,
cultural, or aesthetic values or natural systems or processes of national
significance. [Sec. 62, PD 1152].
Argument. An effort to establish belief by a course of reasoning.
Argumentum ab inconvenienti plurimum valet in lege. Lat. An
argument from inconvenience is forcible in law. [Morenos Law Dict.,
2000 Ed., p. 35].
Argumentum ab simili valet in lege. Lat. An argument from analogy
or from a similar case is good in law. [Morenos Law Dict., 2000 Ed., p.
35].
Arises out of, or is necessarily connected with, the transaction
or occurrence. The phrase generally means that the same evidence
may be needed in supporting the claim or in refuting the opposite
claim. An argument from analogy or from a similar case is good in law.
Armalite. A rifle with a special mechanism that can cause burst of shots
with one squeeze of the trigger. An argument from analogy or from a
similar case is good in law. [Morenos Law Dict., 2000 Ed., p. 35].
Armistice. Intl. Law. The suspension of all hostilities within a certain
area (local) or in the entire region of the war (general) agreed upon by
the belligerent governments, usually for the purpose of arranging the
terms of the peace. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144].
Arms and great seal of the Republic of the Philippines. The Arms
of the Philippines which shall have paleways of two (2) pieces, azure
and gules; a chief argent studded with three mullets equidistant from
each other; and, in point of honor, ovoid argent over all the sun
rayonnant with eight minor and lesser rays. Beneath shall be a scroll
with the words Republic of the Philippines, or its equivalent in the
national language, inscribed thereon. The Great Seal shall be circular in
form, with the arms as described in the preceding paragraph, but
without the scroll and the inscription thereon, and surrounding the
whole, a double marginal circle within which shall appear the words
Republic of the Philippines, or its equivalent in the national language.

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For the purpose of placing the Great Seal, the color of the arms shall
not be deemed essential. [Sec. 14, EO 292].
Arnibal. Tag. A sweet sauce. [Morenos Law Dict., 2000 Ed., p. 35].
Arousal. Legal Med. The state of sexual excitement during which blood
flow to the genital area increases, leading to an erection in men and in
enlargement of the clitoris, engorgement of the vaginal walls and
increased vaginal secretions in women. [Olarte, Legal Med., 1st Ed.
(2004), pp. 111-112].
Arraignment. 1. The reading of the complaint or information by the
judge or clerk to the defendant and delivering to the latter a copy
thereof, including a list of witnesses, and asking him whether he pleads
guilty or not guilty as charged. [Sec. 1, Rule 116, RoC]. 2. The formal
appearance of an accused person to hear, and to receive a copy of, the
charge against him or her, in the presence of a judge, and to then
enter a plea of guilty or not guilty. The arraignment is the final
preparatory step before the criminal trial. [Duhaime's Legal Dict.,
2004]. 3. The hearing at which the accused is brought before the court
to plead to the criminal charge. He may plead guilty, not guilty, or
where permitted Nolo contendere. [Glossary of Legal Terms (Pro-Se),
2004].
Arrangement. Intl. Law. See Agreement.
Arras. See Earnest money.
Arrastre charge. The amount which the owner, consignee, or agent of
either, of article or baggage has to pay for the handling, receiving and
custody of the imported or exported article or the baggage of the
passengers. [Sec. 3101, RA 1937].
Arrastre charges. Fees for the services of the arrastre operator, to be
paid by the consignee before the delivery of the cargo. [Morenos Law
Dict., 2000 Ed., p. 35].
Arrears. A debt that is not paid on the due date which adds up and
accumulates as arrears. [Duhaime's Legal Dict., 2004].
Arrest. 1. The taking of a person into custody in order that he may be
bound to answer for the commission of an offense. [Sec. 1, Rule 113,

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RoC]. 2. An actual restraint of the person to be arrested, or by his
submission to the custody of the person making the arrest. [Sec. 2,
Rule 113, RoC]. 3. Restraint on person, depriving one of his own will
and liberty, binding him to become obedient to the will of the law.
[Larranaga v. CA, GR 130644. Mar. 13, 1998, citing Moreno, Phil. Law
Dict., 3rd Ed. (1988), p. 72].
Arresto mayor. The penalty the duration of which shall be from one
month and one day to six months (of imprisonment). [Art. 27, RPC].
Arresto menor. The penalty the duration of which shall be from one
day to thirty days (of imprisonment). [Art. 27, RPC].
Arrival under stress. Also Involuntary entrance. Mar. Law. 1. When
a vessel from a foreign port is compelled by stress of weather or other
necessity to put into any other port than that of her destination. [Sec.
1016, RA 1937]. 2. In voluntary entrance may be due to lack of
provisions, unseaworthiness of the vessel, inclement weather, or other
case of force majeure, such as pursuit by pirates. [Sandoval, Pol. Law
Reviewer 2003].
Arson. The act of any person who burns or sets fire to the property of
another. [Sec. 1, PD 1613].
Arson. Elements: (a) That there is intentional burning; and (b) that what
is intentionally burned is an inhabited house or dwelling. [People v.
Arbolante, GR 96713, Oct. 17, 1991, 203 SCRA 85, 97].
Arson of property of small value. The arson of any uninhabited hut,
storehouse, barn, shed, or any other property the value of which does
not exceed P25, committed at a time or under circumstances which
clearly exclude all danger of the fire spreading. [Art. 323, RPC].
Arson, other forms of. Arson consisting in the burning of other
property and under the following circumstances: 1. if the offender shall
set fire to any building, farmhouse, warehouse, hut, shelter, or vessel
in port, knowing it to be occupied at the time by one or more persons;
(b) if the building burned is a public building; (c) if the building burned
is a public building and the purpose is to destroy evidence kept therein
to be used in instituting prosecution for the punishment of violators of
the law; (d) if the building burned is a public building and the purpose
is to destroy evidence kept therein to be used in legislative, judicial or

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administrative proceedings; (e) if the arson shall have been committed
with the intention of collecting under an insurance policy against loss or
damage by fire; (f) if an inhabited house or any other building in which
people are accustomed to meet is set on fire, and the culprit did not
know that such house or building was occupied at the time, or if he
shall set fire to a moving freight train or motor vehicle; (g) if a farm,
sugar mill, cane mill, mill central, bamboo groves or any similar
plantation is set on fire; (h) if grain fields, pasture lands, or forests, or
plantings are set on fire; (i) if a building not used as a dwelling or place
of assembly, located in a populated place, is set on fire; (j) if a building
used as dwelling located in an uninhabited place is set on fire; or (k)
when the property burned consists of grain fields, pasture lands,
forests, or plantations when the value of such property does not exceed
P200. [Art. 321, RPC, as amended by RA 5467].
Art dealer. Any person or entity who sells or otherwise deals in works of
fine art for profit or gain, such as art galleries, art brokers and agents.
[Sec 3, RA 9105].
Art forgery. An act committed by any person or entity who: (a) affixes
or causes to appear a usurped or forged signature or sign on any work
of fine art; (b) counterfeits or imitates any original signature or sign,
with the intent to deceive the public or the buyer as to the authorship
of a work of art; (c) sells or circulates any work of fine art bearing
forged or usurped signatures or signs; and (d) imitates or reproduces
any work of fine art with intent to deceive the public or the buyer as to
the authenticity of the work. [Sec 3, RA 9105].
Arthritis, acute. Inflammation of a joint marked by pain, swelling, heat
and redness; the result of rheumatism or gout. [Meez v. ECC, GR
L-48488. Apr. 25, 1980, citing The Simplified Medical Dict. for Lawyers,
p. 56].
Articles of incorporation. 1. The document prepared by the persons
establishing a corporation and containing the matters required by the
Corporation Code filed with the SEC. [Claridades, A., Compilation of
Notes, 2001-2006]. 2. The basic instrument creating and defining a
particular corporation which is filed with a state agency at the time of
the firm's incorporation. [Intl. Law Dict. & Direct., 2004].

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Artifacts. Articles which are products of human skills or workmanship,
especially in the simple product of primitive arts or industry
representing past eras or periods. [Sec. 3, RA 4846].
Artificial feeding. See Formula feeding.
Artificial insemination. A process in which the male gametes, the
spermatozoa, are collected and introduced artificially into the female
genital tract for the purpose fertilization. [Nolledo, The Family Code of
the Phils. Annotated, 2000 Rev. Ed., p. 263].
Artificial reefs. Any structure of natural or man-made materials placed
on a body of water to serve as shelter and habitat, source of food,
breeding areas for fishery species and shoreline protection. [Sec. 4, RA
8550].
Artisanal fisher folk. Municipal, small scale or subsistence fishermen
who use fishing gear which do not require boats or which only require
boats below three (3) tons. [Sec. 3, RA 8425].
Artworks. The making of decorative or artistic objects by hand; the
decoration of artistic objects so made; artistic work produced in
quantity. [Ozaeta v. CA, GR 95226. Nov. 18, 1993, citing Webster's 3rd
New Intl. Dict.].
Ascariasis. Infestation with ascaris lumbricoides. Its vehicles for
transmission are the fecally contaminated food and drinks. Portal of
entry is through the oral route. [Chavez v. ECC, GR L-61931. Mar. 31,
1987].
Ascendant-reservista. See Reservista.
Ascending direct line. The rule in succession that, in default of
legitimate children and descendants of the deceased, his parents and
ascendants shall inherit from him, to the exclusion of collateral
relatives. [Art. 985, CC].
Asesinato. Sp. Murder. [US v. Alias, GR L-6116. Feb. 27, 1911].
As in default. Under Sec. 2, Rule 20 of the 1964 Rules of Court, a party
who fails to appear at a pre-trial conference may be non-suited or
considered as in default. This contemplates a scenario wherein the

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defendant in a suit had already filed his answer (therefore had set up
both his negative and affirmative defenses) but failed to comply with
the mandate of the Rules in not appearing at the scheduled pre-trial
hearing. This provision no longer exists under the 1997 Rules of
Procedure. [Claridades, A., Compilation of Notes, 2001-2006]. Compare
with In default.
As is where is. The phrase refers to the physical condition of the thing
subject matter of the agreement. [Morenos Law Dict., 2000 Ed., p. 37].
Asphyxia. Suffocation. [People v. Marquez, GR L-48834. Sep. 14, 1987.]
Asportation. Severance of goods from the possession of the owner and
absolute control of the property by the taker, even for an instant.
[People v. Apolinario, GR 97426. June 3, 1993, citing 184 SCRA at 677].
2. The taking of a thing out of the possession of the owner without his
privity and consent and without the animus revertendi. [People v.
Salvilla, GR 86163. Apr. 26, 1990, citing Aquino, Rev. Penal Code].
Assault. Threat to inflict injury with an apparent ability to do so. Also,
any intentional display of force that would give the victim reason to fear
or expect immediate bodily harm. [Glossary of Legal Terms (Pro-Se),
2004].
Assay. A test by means of chemical analysis to determine the purity of
fineness of metals, particularly the precious metals. [Pea, Phil. Law on
Natural Resources, 1997 Rev. Ed., p. 111, citing Morrison, Mining
Rights, p. 491-492].
Assessed value. The value placed on taxable property by the assessor
for ad valorem tax purposes. The assessed value when multiplied by
the tax rate will produce the amount of tax due. It is synonymous to
Taxable value. [Sec. 3, PD 464].
Assessment. The act or process of determining the value of a property,
or proportion thereof, subject to tax, including the discovery, listing and
appraisal of properties. [Sec. 3, PD 464].
Assessment level. The percentage applied to the market value to
determine the taxable or assessed value of the property. [Sec. 3, PD
464].

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Assessment work. In mining, the proof of annual work obligations
which are works or improvements necessary and instrumental in
developing the mines and extracting ores therefrom. It is actual work
done in the area. [Morenos Law Dict., 2000 Ed., p. 38].
Asset-backed securities (ABS). The certificates issued by a special
purpose entity (SPE), the repayment of which shall be derived from the
cash flow of the assets in accordance with the Plan. [Sec. 3, RA 9267].
Asset pool. The group of identified, homogeneous assets underlying the
asset-backed securities (ABS). [Sec. 3, RA 9267].
Assets. Loans or receivables or other similar financial assets with an
expected cash payment stream. The term shall include, but shall not be
limited to, receivables, mortgage loans and other debt instruments, and
shall exclude receivables from future expectation of revenues by
government, national or local, arising from royalties, fees or imposts.
[Sec. 3, RA 9267].
Assign. To give, to transfer responsibility, to another. The assignee
(sometimes also called assigns) is the person who receives the right or
property being given and the assignor is the person giving. [Duhaime's
Legal Dict., 2004].
Assignee. One who is only entitled to receive the share of the profits or
other compensation by way of income, or the return of the
contribution, to which his assignor (limited partner) would other wise
be entitled. But an assignee has no right to require any information or
account of the partnerships transactions or to inspect the partnerships
books. A substituted partner has all these rights. [Diaz, Bus. Law Rev.,
1991 Ed., p. 238].
Assignment. 1. A transfer or making over to another of the whole of
any property, real or personal, in possession or in action, or of any
estate or right therein. It includes transfers of all kinds of property, and
is peculiarly applicable to intangible personal property and, accordingly,
it is ordinarily employed to describe the transfer of non-negotiable
choses in action and of rights in or connected with property as
distinguished from the particular item or property. [PNB v. CA, GR
118357. May 6, 1997, citing Moreno's Phil. Law Dict., 3rd Ed., p. 75]. 2.
The transfer of a right or interest in property by one person to another.
[Torres, Oblig. & Cont., 2000 Ed., p. 347].

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Assignment for the benefit of creditors. The transfer by an insolvent
debtor of all his property to another for the purpose of arriving at an
adjustment with his creditors. [Torres, Oblig. & Cont., 2000 Ed., p.
347].
Assignment of credit. 1. An agreement by virtue of which the owner of
a credit, known as the assignor, by a legal cause, transfers his credit
and its accessory rights to another, known as the assignee, who
acquires the power to enforce it to the same extent as the assignor
could have enforced it against the debtor. [Casabuena v. CA, GR
115410. Feb. 27, 1998, citing Tolentino, Civil Code of the Phil. (Book
V), p. 188]. 2. The process of transferring the right of the assignor to
the assignee who would then have the right to proceed against the
debtor. The assignment may be done either gratuitously or onerously,
in which case, the assignment has an effect similar to that of a sale
[Nyco Sales Corp. v. BA Finance Corp., GR 71694, Aug. 16, 1991;
Paras, Civil Code of the Phil., Annotated, Vol. V, 1982 Ed., p. 235].
Assignment of errors. The errors intended to be urged as required by
the Rules to be contained in the appellants brief (which) errors shall be
separately, distinctly and concisely stated without repetition, and shall
be numbered consecutively. [Sec. 13, Rule 44, RoC].
Assignment of lease. That act contemplated in Art. 1649 of the Civil
Code, viz: The lessee cannot assign the lease without the consent of
the lessor, unless there is a stipulation to the contrary. [Sec. 2, BP
877; Sec.4, RA 9161].
Assist. 1. To lend an aid to. [Sinon v. CSC, GR 101251. Nov. 5, 1992,
citing Peabody v. Town of Holland, 178 A. 888, 889 107 Vt. 237, 98
A.L.R. 866]. 2. To contribute effort in the complete accomplishment of
an ultimate purpose intended to be effected by those engaged. [Ibid,
citing People v. Thurman, 62 Cal. App. 147; 216 P. 394 (1923)].
Compare with Recommend.
Associated person of a broker or dealer. An employee therefor
whom, directly exercises control of supervisory authority, but does not
include a salesman, or an agent or a person whose functions are solely
clerical or ministerial. [Sec. 3, RA 8799].
Associated words doctrine. See Noscitur a Sociis.

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Associates. The term by which younger or more inexperienced salaried
attorneys in most firms are called. [Cayetano v. Monsod, GR 100113.
Sep. 3, 1991].
Association. The act of a number of persons in uniting together for
some special purpose or business. [Kilosbayan v. Guingona, GR
113375. May 5, 1994].
Assumpsit. Lat. He undertook; he promised. 1. A promise or
engagement by which one person assumes or undertakes to do some
act or pay something to another. 2. A common law form of action
which lies for the recovery of damages for the non-performance of a
parol or simple contract; or a contract that is neither of record nor
under seal. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 63].
Assumption of risk. A doctrine under which a person may not recover
for an injury received when he has voluntarily exposed himself to a
known danger. [Glossary of Legal Terms (Pro-Se), 2004].
Assured. The person for whose benefit the insurance is granted.
Ed., p. 23].
Aswang. Tag. An injurious and evil character believed to be capable of
assuming various and different forms, especially that of a dog, and
harassing usually in the depth of night women who are about to give
birth. [People v. Sario, GR L-20754 & L-20759. June 30, 1966].
Asylum. Intl. Law. 1. A privilege granted by a state to allow an alien
escaping from the persecution of his country for political reasons
remain and grant him asylum. [Sandoval, Pol. Law Reviewer 2003]. 2.
A sanctuary, or place of refuge and protection, where criminals and
debtors find shelter and from which they could not be take without
sacrilege. While a foreign country has the right to offer an asylum to
fugitives from other countries, there is no corresponding right on the
part of the alien to claim asylum. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 64].
Atentado contra la autoridad. Sp. Assault upon a person in authority.
[Tacas v. Cariaso, GR L-37406. Aug. 31, 1976]. See Direct assault.

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At issue. The time in a lawsuit when the complaining party has stated
his claim and the other side has responded with a denial and the matter
is ready to be tried. [Glossary of Legal Terms (Pro-Se), 2004].
At least one-year service. Labor. Service for not less than 12 months,
whether continuous or broken reckoned from the date the employee
started working, including authorized absences and paid regular
holidays unless the working days in the establishment as a matter of
practice or policy, or that provided in the employment contract is less
than 12 months, in which case said period shall be considered as one
year. [Sec. 3, Rule 5, LC].
Attachment. 1. A juridical institution which has for its purpose to secure
the outcome of the trial that is the satisfaction of the pecuniary
obligation really contrasted by a person or believed to have been
contracted by him, either by virtue of a civil obligation emanating from
contract or from law, or by virtue of some crime or misdemeanor that
he might have committed, and the writ issued, granted it, is executed
by attaching and safely keeping all the movable property of the
defendant, or so much thereof as may be sufficient to satisfy the
plaintiff's demands. [Herrera, Remedial Law, Vol. 3, p. 1, citing Guzman
v. Catolico (65 Phil. 257); Gruenberg v. CA (138 SCRA 471)]. 2. A
provisional remedy in the form of an order issued by a judge before
whom the proper action is pending by which the property of the
adverse party is taken into legal custody, either at the commencement
of the action or at any time thereafter before final judgment, as
security for the satisfaction of a judgment obtained by the prevailing
party. 2. Taking a person's property to satisfy a court-ordered debt.
Attack. Any offensive or antagonistic movement or action of any kind
and the drawing of a pistol from the holster at the hip and the aiming
of that pistol at a person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th
Ed., p. 415, citing People v. Ladena, CA GR 6008-R, Mar. 8, 1951].
Attempt. An endeavor or effort to do an act or accomplish a crime,
carries beyond preparation, but lacking execution. [Jurists Legal Dict.,
2004].
Attempted felony. A felony where the offender commences the
commission of a felony directly by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of

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some cause or accident other than this own spontaneous desistance.
[Art. 6, RPC].
Attestation. Succ. It consists in witnessing the testator's execution of
the will in order to see and take note mentally that those things are
done which the statute requires for the execution of a will and that the
signature of the testator exists as a fact. [In Re: Taboada v. Rosal, GR
L-36033. Nov. 5, 1982].
Attestation clause. Succ. 1. That part of an ordinary will whereby the
attesting witnesses certify that the instrument has been executed
before them and to the manner of the execution of the same. [Testate
Estate of Paula Toray, 87 Phil. 139 (1950)]. 2. A separate
memorandum or record of the facts surrounding the conduct of
execution and once signed by the witnesses, it gives affirmation to the
fact that compliance with the essential formalities required by law has
been observed. [Vda. de Ramos, v. CA, 81 SCRA 393 (1978)]. 3. It is
made for the purpose of preserving in a permanent form a record of
the facts that attended the execution of a particular will, so that in case
of failure of the memory of the attesting witnesses, or other casualty,
such facts may still be proved. [Leynez v. Leynez, 68 Phil. 745 (1939)].
Attested will. See Ordinary will.
Attorney. An alternate word for lawyers. A person that has been trained
in the law and that has been certified to give legal advice or to
represent others in litigation. [Duhaime's Legal Dict., 2004].
Attorney-at-law. A person admitted to practice law in his respective
state and authorized to perform both civil and criminal legal functions
for clients, including drafting legal documents, giving of legal advice,
and representing such before courts, administrative agencies, boards,
etc. [Blacks Law Dict. 6th Ed., p. 128].
Attorney-in-fact. 1. A person who has been appointed by another to
act in his behalf and in his name. [Torres, Oblig. & Cont., 2000 Ed., p.
347]. 2. An agent whose authority is strictly limited by the instrument
appointing him, though he may do things not mentioned in his
appointment necessary to the performance of the duties specifically
required of him, such authority being necessarily implied. [Phil. Legal
Encyc., p. 66].

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Attorney of record. The principal attorney in a lawsuit, who signs all
formal documents relating to the suit. [Glossary of Legal Terms
(Pro-Se), 2004].
Attorneys fee. A reasonable compensation to which the attorney is or
shall be entitled to have and recover from his client for his services,
with a view to the importance of the subject matter of the controversy,
the extent of the services rendered, and the professional standing of
the attorney. [Claridades, A., Compilation of Notes, 2001-2006].
Attorneys' liens. A lien which an attorney shall have upon the funds,
documents and papers of his client which have lawfully come into his
possession and which he may retain until his lawful fees and
disbursements have been paid, and may apply such funds to the
satisfaction thereof. He shall also have a lien to the same extent upon
all judgments for the payment of money, and executions issued in
pursuance of such judgments, which he has secured in a litigation of
his client, from and after the time when he shall have caused a
statement of his claim of such lien to be entered upon the records of
the court rendering such judgment, or issuing such execution, and shall
have caused written notice thereof to be delivered to his client and to
the adverse party; and he shall have the same right and power over
such judgments and executions as his client would have to enforce his
lien and secure the payment of his just fees and disbursements. [Sec.
37, Rule 138, RoC].
Attorneys or lawyers oath. The oath of office which every lawyer in
the Philippines has to take before he is allowed to practice law. The full
text
reads:
"I,
_______________________
of
_________________________ do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I will support and defend
its Constitution and obey the laws as well as the legal orders of the
duly constituted authorities therein; I will do no falsehood nor consent
to its commission; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit nor give aid nor consent to the same;
I will not delay any man's cause for money or malice and will conduct
myself as a lawyer according to the best of my knowledge and
discretion with all good fidelity as well to the courts as to my clients
and I impose upon myself this obligation voluntary, without any mental
reservation or purpose of evasion. SO HELP ME GOD." [Form 28,
appended to the RoC as revised on Oct. 25, 1979 , 91 SCRA xv].

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Attorney's retaining lien. A general lien for the balance of the account
between the attorney and his client, and applies to the documents and
funds of the client which may come into the attorney's possession in
the course of his employment. [Ampil v. Agrava, GR L-27394. July 31,
1970, citing Black's Law Dict., 4th Ed., 165]. Compare with Charging
or special lien.
Attorneys signature. The signature of a counsel representing a party
on every pleading (which signature) constitutes a certificate by him that
he has read the pleading; that to the best of his knowledge,
information, and belief, there is good ground to support it; and that it is
not interposed for delay. [Sec. 3, Rule 7, RoC].
Attractive nuisance doctrine. The doctrine that where a person
maintains in his premises a dangerous instrumentality of a character
which is attractive to children of tender years at play and who fails to
exercise due diligence to prevent such children form playing therewith
or resorting or resorting thereto, is liable to a child who is injured
thereby, even if the child is technically a trespasser. [Claridades, A.,
Attrition. The reduction of personnel as a result of resignation,
retirement, dismissal in accordance with existing laws, death or transfer
to another office. [Sec. 2, RA 7430].
Auction. A public sale of property to the highest bidder by a person
called the auctioneer who must be authorized by law. [Torres, Oblig. &
Cont., 2000 Ed., p. 347].
Audi alteram partem. Lat. Hear the other party. 1. The right to he
heard should not be ruled out. [Torres v. Borja, GR L-31947. Mar. 21,
1974]. 2. A principle of natural justice which prohibits a judicial decision
which impacts upon individual rights without giving all parties in the
dispute a right to be heard. [Duhaime's Legal Dict., 2004].
Audiovisual work or fixation. A work that consists of a series of
related images which impart the impression of motion, with or without
accompanying sounds, susceptible of being made visible and, where
accompanied by sounds, susceptible of being made audible. [Sec. 202,
RA 8293].

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Audit. To examine and adjust. To examine an account, compare it with
the vouchers, adjust the same, and to state the balance, by persons
legally authorized for the purpose. [Ynchausti & Co. v. Wright, GR
23601. Sep. 22, 1925, citing Words and Phrases, Vol. 1, 1st Series, pp
639-640].
Auditing Code of the Philippines. PD 1445 signed into law on June
11, 1978.
Auditorial function of an auditor. As a representative of the
Commission on Audit, his function comprises three aspects: (a)
examination; (b) audit: and (c) settlement of the accounts, funds,
financial transactions and resources of the agencies under their
respective audit jurisdiction. [Arias v. Sandiganbayan, GR 81563. Dec.
19, 1989, citing Sec. 43, Govt. Auditing Code of the Phil.].
Auscutate. To listen to the sounds arising within organs as an aid to
diagnosis and treatment, the examination being made either by the use
of the stethoscope or by direct application of the ear to the body.
[Ramos v. CA, GR 124354, Apr. 11, 2002].
Authentication. Evid. The proof of a documents due execution and
genuineness if the purpose is to show that it is genuine, or proof of its
forgery, if its purpose is to show that the document is a forgery.
Authentic notice. Constancia autentica. [Art. 749, Civil Code]. "The
acceptance having been made in the deed of gift itself, notification
thereof to the donor in a constancia autentica was evidently not
necessary." [Kapunan v. Casilan, L-8178, Oct. 31, 1960].
Authentic writing. A writing which, for purposes of Art. 278 of the Civil
Code, is the genuine or indubitable writing of the father (or mother),
and includes a public instrument (one acknowledged before a notary
public or other competent official with the formalities required by law)
and, a public or official document in accordance with the Rules of
Court. [Banaag v. Bartolome, GR 76245. Dec. 20, 1991].
Author. The natural person who has created the work. [Art. 171, RA
8293].

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Authority. Labor. A document issued by the DOLE authorizing a person
or association to engage in recruitment and placement activities as a
private recruitment entity. [Art. 13, LC].
Authorized capital stock. It is synonymous with capital stock where
the shares of the corporation have par value. [De Leon, Corp. Code of
the Phil. Annotated, 1989 Ed., p. 52].
Authorized-cause dismissal. Labor. A form of terminating
employer-employee relationship with a liability on the part of the
employer to pay separation pay as mandated by law. [Poquiz, Labor
Rel. Law, 1999 Ed. p. 349]. Compare with Just-cause dismissal.
Authorized driver clause. Ins. 1. A clause which provides that an
authorized driver must not only be permitted to drive by the insured
but that he is permitted under the law and regulations to drive the
motor vehicle and is not disqualified from so doing under any
enactment or regulation. [Stokes v. Malayan Ins. Co., GR L-34768. Feb.
24, 1984]. 2. The main purpose of the clause is that a person other
than the insured owner, who drives the car on the insured's order, such
as his regular driver, or with his permission, such as a friend or
member of the family or the employees of a car service or repair shop,
must be duly licensed drivers and have no disqualification to drive a
motor vehicle. [Villacorta v. Ins. Comm., 100 SCRA 467].
Aut judicare aut dedere. Lat. either adjudicate or extradite. A rule,
common to anti-terrorism treaties, that requires a contracting state
either to prosecute an alleged offender who is within its territory or to
extradite the offender to another contracting state for prosecution
there. [Intl. Law Dict. & Direct., 2004].
Automated election system. A system using appropriate technology
for voting and electronic devices to count votes and
canvass/consolidate results. [Sec. 2, RA 8436].
Automatic. Involuntary either wholly or to a major extent so that any
activity of the will is largely negligible; of a reflex nature without
volition; mechanical; like or suggestive of an automation. [Prov. of
Batangas v. Romulo, GR 152774, May 27, 2004, citing Websters 3rd
New Intl. Dict.].

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Automatically. In an automatic manner; without thought or conscious
intention. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004,
citing Websters 3rd New Intl. Dict.].
Automatic appropriation for debt service. (Appropriation in the
General Appropriations Act) authorized by P.D. No. 81, entitled
"Amending Certain Provisions of Republic Act Numbered Four Thousand
Eight Hundred Sixty, as Amended (Re: Foreign Borrowing Act), "by P.D.
No. 1177, entitled "Revising the Budget Process in Order to
Institutionalize the Budgetary Innovations of the New Society," and by
P.D. No. 1967, entitled "An Act Strengthening the Guarantee and
Payment Positions of the Republic of the Philippines on Its Contingent
Liabilities Arising out of Relent and Guaranteed Loans by Appropriating
Funds For The Purpose." [Guingona, Jr. v. Carague, GR 94571. Apr. 22,
1991].
Automobile. Any four (4) or more wheeled motor vehicle regardless of
seating capacity, which is propelled by gasoline, diesel, electricity or
any other motive power: Provided, That for purposes of RA 9224,
buses, trucks, cargo vans, jeeps, jeepneys or jeepney substitutes,
single cab, chassis, and special-purpose vehicles shall not be considered
as automobiles. [RA 9224].
Autonomy. It is either decentralization of administration or
decentralization of power. [Limbona v. Mangelin, GR 80391. Feb. 28,
1989].
Autonomy in contracts, Freedom to contract or Liberty in
contracts. The rule in Art. 1306, of the Civil Code that the contracting
parties may establish such stipulations as they may deem convenient,
provided they are not contrary to law, morals, good customs, public
order or public policy. [Manila Resource Dev. Corp. v. NLRC, GR 75242.
Sep. 2, 1992].
Autoptic proference. The inspection by the tribunal of the thing itself
and its condition. [Tiglao v. Comelec, GR L-31566 & L-31847. Aug. 31,
1970]. See Real evidence.
Autosexual. Legal Med. A deviate who would rather have masturbation
than make love with his/her partner of the opposite sex. [Olarte, Legal
Med., 1st Ed. (2004), p. 113].

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Autrefois acquit. Fr. Previous acquittal. It refers to an accused who
cannot be tried for a crime because the record shows he has already
been subjected to trial for the same conduct and was acquitted.
Autrefois attaint. Fr. Attainted for a felony. It refers to a person who
cannot be tried again for the same offence. [Duhaime's Legal Dict.,
2004].
Autrefois convict. Fr. Previous conviction. It refers to the plea made by
the accused if he maintains that the previous trial resulted in conviction.
Auxiliary crop. Any product raised other than the crop to which the
cultivation of the land is principally devoted in each agricultural year;
and excluding the produce of the lot referred to in Sec. 22, par. 3 of RA
2263. [Sec. 2, RA 2263].
Auxiliary language. A particular language, spoken in certain places,
which supports or helps the national and/or official languages in their
assigned functions. [Sec. 3, RA 7104].
Auxiliary social services. The supportive activities in the delivery of
social services to the marginalized sectors of society. [Sec. 4, RA 7277].
Average. Mar. Ins. Any extraordinary or accidental expense incurred
during the voyage for the preservation of the vessel, cargo or both and
all damages to the vessel and cargo form the time it is loaded and the
voyage commenced until it ends and the cargo unloaded. [Tiopianco,
Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p.
117].
Average annual income. The sum of the annual income as herein
defined actually obtained by a province, city or municipality during the
required number of consecutive calendar years immediately preceding
the general reclassification of local governments, divided by such
number of calendar years, as may be certified to by the Commission on
Audit for purposes of such reclassification of provinces, cities and
municipalities. [Sec. 4, EO 249, July 25, 1987].
Average monthly compensation. The quotient after dividing the
aggregate compensations received by the member for the last three

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years immediately preceding his death/separation/disability/retirement,
by the number of months he received said compensation, or three
thousand pesos, which ever is smaller. [Sec. 2, PD 1146].
A vinculo matrimonii. Lat. Of marriage. 1. The term is now used to
refer to a final and permanent divorce. [Duhaime's Legal Dict., 2004].
2. The Civil Code of the Philippines, now in force, does not admit
absolute divorce, quo ad vinculo matrimonii; and in fact it does not
even use that term, to further emphasize its restrictive policy on the
matter, in contrast to the preceding legislation (Act 2710) that admitted
absolute divorce on grounds of adultery of the wife or concubinage of
the husband. [Tenchavez v. Escao, GR L-19671. Nov. 29, 1965].
Avoidance of the law. In conflict of laws, the intentional arrangement
of connecting factors (contacts) in an agreement, usually by equal
bargaining parties, for a legitimate purpose, in order to ensure the
applicability to the agreement of a particular law or jurisdiction. The
opposite of evasion of the law (Fraude 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].
Award. Any partial or final decision by an arbitrator in resolving the issue
in a controversy. [Sec. 3, RA 9285].
Awning. A movable shelter supported entirely from the exterior wall of a
building and of a type which can be retracted, folded, or collapsed
against the face of a supporting building. [Sec. 1203, PD 1096].

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-BBaby 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].

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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 Taxation, 2000 Ed., p. 56].
Bad faith. 1. A state of mind affirmatively operating with furtive design
or with some motive of self-interest or ill will or for ulterior purpose.
[Air France v. Carrascoso, GR L-21438. Sep. 28, 1966]. 2. The neglect
or refusal to fulfill a duty, not prompted by an honest mistake, but by
some interested or sinister motive. [State v. Griffin, 100 S.C. 331, 84
S.E. 876, cited in Black's Dict., 4th Ed., 1951, p. 176].
Bad faith of a possessor in reference to land. There is a
presumption of bad faith whenever a possessor is aware that there
exists in his title or mode of acquisition any flaw which invalidates it.
[Art. 526, CC].
Bad faith on the part of the landowner. There is bad faith whenever
the act was done with the knowledge of the landowner and without
opposition on his part. [Art. 453, CC].
Badges of fraud. If the fraud or intent to defraud cannot be established
by means of the presumptions enunciated in Art. 1387 of the Civil
Code, it may still be proved in accordance with the ordinary rules of
evidence. This may be done by proving the existence of any one of the
following circumstances which have been denominated by the courts as
badges of fraud: (a) The fact that the cause or consideration of the
conveyance is inadequate; (b) a transfer made by a debtor after suit
has been begun and while it is pending against him; (c) a sale on credit
by an insolvent debtor; (d) evidence of large indebtedness or complete
insolvency; (e) the transfer of all or nearly all of his property by a
debtor, esp. when he is insolvent or greatly embarrassed financially; (f)
the fact that the transfer is made between father and son, when there
are present others of the above circumstances; (g) the failure of the
vendee to take exclusive possession of all property. [Claridades, A.,
Baggage. Such articles of apparel, ornament, etc., as are in daily use by
travelers, for convenience according to the habits or wants of the

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particular class to which he belongs, either with reference to the
immediate necessities or ultimate purpose of the journey. Only such
articles of necessity or convenience as are generally carried by
passengers for their personal use. [Comm. of Customs v. Geronimo, GR
L-31642. Oct. 28, 1977, citing Bouvier's Law Dict., Vol. 1, p. 305].
Bail. 1. The security given for the release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his appearance
before any court as required under the conditions hereinafter specified.
Bail may be given in the form of a corporate surety, property bond,
cash deposit, or recognizance. [Sec. 1, Rule 114, RoC]. 2. Money or
other security (such as a bail bond) provided to the court to temporarily
allow a person's release from jail and assure their appearance in court.
Bail and bond are often used interchangeably. [Glossary of Legal Terms
(Pro-Se), 2004].
Bail bond. An obligation signed by the accused to secure his presence at
the trial. This obligation means that the accused may lose money by
not properly appearing for the trial. Often referred to simply as Bond.
Bailee. The person who receives property through a contract of
bailment, from the bailor, and who may be committed to certain duties
of care towards the property while it remains in his possession.
Bailiff. An officer of the court responsible for keeping order and
maintaining appropriate courtroom decorum. [Jurists Legal Dict.,
2004].
Bailment. 1. The relationship created when the owner of property, the
bailor, delivers it to another, the bailee, for some specific purpose.
[Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. The transfer of possession
of something (by the bailor) to another person (called the bailee) for
some temporary purpose (e.g. storage) after which the property is
either returned to the bailor or otherwise disposed of in accordance
with the contract of bailment. [Duhaime's Legal Dict., 2004].
Bailor. The person who temporarily transfers possession of property to
another, the bailee, under a contract of bailment. [Duhaime's Legal
Dict., 2004].

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Bakia. Tag. Wooden shoes. [People v. Resayaga, GR L-49536. Mar. 30,
1988].
Baklad. Tag. See Fish corral.
Balance. A remainder or something remaining from the original total
sum already agreed upon. [Adelfa Properties, Inc. v. CA, GR 111238.
Jan. 25, 1995].
Balance of power. Intl. Law. An arrangement of affairs so that no state
shall be in apposition to have absolute mastery and dominion over
others. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50, citing Vattel].
Balancing test. 1. The test applied by courts in determining whether or
not an accused has been denied his right to a speedy trial, in which the
conduct of both the prosecution and the accused is weighed, and such
factors as length of the delay, reason for the delay, the accused's
assertion or non-assertion of his right, and prejudice to the accused
resulting from the delay, are considered. [Hipolito v. CA, GR 108478-79.
Feb. 21, 1994]. Also known as Four-factor balancing test. 2. When
particular conduct is regulated in the interest of public order, and the
regulation results in an indirect, conditional, partial abridgment of
speech, the duty of the courts is to determine which of the two
conflicting interests demands the greater protection under the
particular circumstances presented. [American Communications Asso. v.
Douds, Yap v. Boltron, 100 Phil. 324 (1956)]. Compare with Clear and
present danger rule and Dangerous tendency doctrine.
Balikbayan. A Filipino citizen who has been continuously out of the
Philippines for a period of at least one (1) year, a Filipino overseas
worker, or former Filipino citizen and his or her family who had been
naturalized in a foreign country and comes or returns to the Philippines.
[Sec 2, RA 9174; Sec. 2. RA 6768].
Banco. Sp. Bench. The local term for (a) particular long chair. [People v.
Pastoral, GR 51686. Sep. 10, 1993].
Band. Also En cuadrilla. A group of more than three armed malefactors
who take part in the commission of a robbery. [Art. 296, RPC].
Bangko Sentral ng Pilipinas. The independent central monetary
authority (of the Republic of the Philippines) that shall function and

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operate as an independent and accountable body corporate in the
discharge of its mandated responsibilities concerning money, banking
and credit. [Sec. 1 & 2, RA 7653].
Bangungot. Tag. 1. Asphyxial cardiorespiratory failure. [People v.
Narciso, GR L-24484. May 28, 1968]. 2. A natural disease locally called
(as such) where the victim dies in his sleep allegedly due to bad
dreams or nightmares. 3. A theoretical disease whose remote and
immediate cause, pathology and cure have not as yet been accurately
determined and scientifically established and confirmed. [Luzon
Brokerage Co., Inc. v. Dayao, GR L-10362. Nov. 27, 1959].
Bank. 1. Every banking institution, as defined in Sec. 2 of RA 337, as
amended, otherwise known as the General Banking Act. A bank may
either be a commercial bank, a thrift bank, a development bank, a rural
bank or a specialized government bank. [Sec. 22, NIRC, as amended].
2. (a) A banking institution organized under the laws of the Philippines,
(b) any other banking institution or trust company, doing business
under the laws of the Philippines, a substantial portion of the business
of which consists of receiving deposits or exercising fiduciary powers
similar to those permitted to national banks. [Sec. 3, RA 2629]. 3. A
moneyed institute founded to facilitate the borrowing, lending, and
safe-keeping of money and to deal in notes, bills of exchange, and
credits. [Rep. v. Security Credit & Acceptance Corp., GR L-20583. Jan.
23, 1967].
Bank deposit. Money held by a bank. The bank may freely use this
money as it best sees fit. A depositor only has a claim against the bank
as a general creditor and not as a bailor of specific property deposited
with the bank. [Intl. Law Dict. & Direct., 2004].
Bank draft. 1. A bill of exchange drawn by a bank upon its
correspondent bank, issued at the solicitation of a stranger who
purchases and pays therefor. [Citytrust Banking Corp. v. CA, GR 92591.
Apr. 30, 1991, citing Kohler v. First Natl. Bank, 289 P 47, 49, 157 Wash.
417 1930)]. 2. An order for payment of money. [Ibid., citing Polotsky v.
Artisans Savings Bank, Del. 180 A. 791, 792, 7 WW. Harr 142 (1935)].
Bankers acceptance bill. Nego. Inst. A bill of exchange of which the
acceptor is a bank or banker engaged generally in the business of
granting bankers acceptance credit. This is the same as Trade

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

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

state or jurisdiction after satisfying certain
bar examinations, period of residency or
of reciprocity after a period of years as a

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member of the bar of another jurisdiction. [Blacks Law Dict., 6th Ed.,
p. 149].
Barako. Tag. Tough guy. [People v. Batas, GR 84277-78. Aug. 2, 1989].
Barangay. The name by which any barrio recognized under RA 3590,
otherwise known as the "Barrio Charter Law", as amended, including
those that were subsequently created in accordance with subsequent
laws would thenceforth be called. [Claridades, A., Compilation of Notes,
2001-2006].
Barangay Day Care Center Law of 1978. PD 1567 entitled
Establishing a day care center in every barangay and appropriating
funds therefor signed into law on June 11, 1978.
Barangay Decree. PD 557 entitled Declaring all barrios in the
Philippines as barangays, and for other purposes signed into law on
Sep. 21, 1974.
Barangay health worker. A person who has undergone training
programs under any accredited government and non-government
organization and who voluntarily renders primary health care services in
the community after having been accredited to function as such by the
local health board in accordance with the guidelines promulgated by
the Department of Health (DOH). [Sec. 3, RA 7883].
Barangay Health Workers' Benefits and Incentives Act of 1995.
RA 7883 entitled An Act creating benefits and incentives to accredited
barangay health workers and for other purposes enacted on Feb. 20,
1995.
Barangay Justice. See Katarungang Pambarangay.
Barangay micro business enterprise (BMBE). Any business entity or
enterprise engaged in the production, processing or manufacturing of
products or commodities, including agro-processing, trading and
services, whose total assets including those arising from loans but
exclusive of the land on which the particular business entity's office,
plant and equipment are situated, shall not be more than
P3,000,000.00. [Sec. 3, RA 9178].

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Barangays. Units of municipalities or municipal districts in which they
are situated. They are quasi-municipal corporations endowed with such
powers as are herein provided for the performance of particular
government functions, to be exercised by and through their respective
barangay governments in conformity with law. [Sec. 2, RA 3590, as
amended].
Bar by prior (or former) judgment. Also Res judicata. The rule that
the judgment in the first case constitutes an absolute bar to the
subsequent action when, between the first case where the judgment
was rendered and the second case which sought to be barred, there is
identity of parties, subject matter and cause of action. [Comilang v. CA,
July 15, 1975].
Bareboat. Mar. Law. Literally, without a crew. [Litonjua Shipping Inc.
v. NSB, GR 51910. Aug. 10, 1989].
Bareboat charter. See Demise charter.
Bar examination. A state examination (administered by the Supreme
Court of the Philippines) taken by prospective lawyers in order to be
admitted and licensed to practice law. [Glossary of Legal Terms
(Pro-Se), 2004].
Bargaining. A process where the parties discuss their demands and
counter-demands and, after haggling, agree on what is essentially a
compromise reflecting the concessions mutually given by the parties to
arrive at a common understanding. [Aquino v. NLRC, GR 87653. Feb.
11, 1992].
Bargaining representative. A legitimate labor organization or any
officer or agent of such organization whether or not employed by the
employer. [Art. 212, LC].
Bargaining unit. A group of employees of a given employer comprised
of all or less than all of the entire body of employees, which the
collective interest of all the employees, consistent with equity to the
employer, indicate to be the best suited to serve the reciprocal rights
and duties of the parties under the collective bargaining provisions of
the law. [Golden Farms v. Sec. of Labor, GR 102130. July 26, 1994].

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Barkada. Tag. 1. Group. [People v. Resayaga, GR L-23234. Dec. 26,
1973]. 2. Comrade or co-conspirator. [People v. Plateros, GR L-37162.
May 30, 1978]. 3. Companion. [People v. Catindihan, GR L-32508 &
L-42104. Apr. 28, 1980]. 4. Gang. [People v. Cuya, Jr., GR L-33046.
Feb. 18, 1986]. 5. Buddies. [People v. Parba, GR L-63409. May 30,
1986]. 6. Close friend. [People v. Valdez, GR L-75390. Mar. 25, 1988].
Barker. A caller of jeepney passengers. [People v. Payumo, GR 81761.
July 2, 1990].
Barking. Calling for passengers to ride on waiting jeepneys. [Morenos
Law Dict., 2000 Ed., p. 47].
Barratry. 1. Legal Ethics. The offense of frequently exciting and stirring
up quarrels and suits, either at law or otherwise. [Pineda, Legal and
Judicial Ethics, (1999 Ed.), p. 46, citing 4 Bla. Com. 134; Co. Litt. 368].
2. Mar. Law. The fraudulent act of the master or mariner against the
ship owners interest. [Tiopianco, Commentaries & Jurisp. on the Ins.
Code of the Phil., 1999 Ed., p. 109]. 3. Any willful misconduct on the
part of master or crew in pursuance of some unlawful or fraudulent
purpose without the consent of the owners, and to the prejudice of the
owner's interest. (Sec. 171, US Ins. Law, quoted in Vance, Handbook
on Law of Ins., 1961, p. 929.)
Barratry clause. Mar. Ins. A clause which provides that there can be no
recovery on the policy in case of any willful misconduct on the part of
the master or crew in pursuance of some unlawful or fraudulent
purpose without the consent of the owners and to the prejudice of the
owners interest.
Barrel. 42 U.S. gallons or 9702 cubic inches at temperature of 60
Fahrenheit. [Sec. 3, PD 87].
Barrier between the legitimate family and the illegitimate family
rule. See Iron curtain rule.
Barrio Charter Act. RA 2370 entitled An Act granting autonomy to
barrios of the Philippines enacted on June 20, 1959.
Barrio or Barrios. Units of municipalities or municipal districts in which
they are situated. They are quasi-municipal corporations endowed with
such powers provided in the law for the performance of particular

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government functions, to be exercised by and through their respective
barrio governments in conformity with law. [Sec. 2, RA 2370]. Now
called Barangay.
Barrister. A litigation specialist; a lawyer that restricts his practice to the
court room. In England and some other Commonwealth jurisdictions, a
legal distinction is made between barristers and solicitors, the latter
with exclusive privileges of advising clients, providing legal advice, and
the former with exclusive privileges of appearing in a court on behalf of
a client. [Duhaime's Legal Dict., 2004].
Barter or exchange contract. 1. A contract whereby one of the parties
binds himself to give one thing in consideration of the other's promise
to give another thing. [Art. 1638, CC]. 2. A contract whereby one
person transfers the ownership of non-fungible things to another with
the obligation on the part of the latter to give things of the same kind,
quantity, and quality. [Art. 1954, CC].
Basel Convention. The international accord which governs the trade or
movement of hazardous and toxic waste across borders. [Sec. 4, RA
8479].
Baseline. The line from which territorial seas and other maritime zones
are measured. [Intl. Law Dict. & Direct., 2004].
Base metals. All metallic minerals except noble metals. [Sec. 2, RA
4095].
Bases Conversion and Development Authority (BCDA). A body
corporate created under Sec. 3 of RA 7227.
Basic education. The education intended to meet basic learning needs
which lays the foundation on which subsequent learning can be based.
It encompasses early childhood, elementary and high school education
as well as alternative learning systems four out-of-school youth and
adult learners and includes education for those with special needs.
[Sec. 4, RA 9155].
Basic necessities. The term includes: rice; corn; bread; fresh, dried
and canned fish and other marine products, fresh pork, beef and
poultry meal; fresh eggs; fresh and processed milk; fresh vegetables;
root crops; coffee; sugar; cooking oil; salt; laundry soap; detergents;

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firewood; charcoal; candles; and drugs classified as essential by the
DOH. [Sec. 3 (1), RA 7581].
Basic needs approach to development. The identification, production
and marketing of wage goods and services for consumption of rural
communities. [Sec. 4, RA 8435].
Basic salary. A rate of pay for a standard work period exclusive of such
additional payments as bonuses and overtime. [Boie-Takeda Chemicals,
Inc. v. De La Serna, GR 92174. Dec. 10, 1993].
Basic sectors. The disadvantaged sectors of Philippine society, namely:
farmer-peasant, artisanal fisher folk, workers in the formal sector and
migrant workers, workers in the informal sector, indigenous peoples
and cultural communities, women, differently-abled persons, senior
citizens, victims of calamities and disasters, youth and students,
children, and urban poor. [Sec. 3, RA 8425].
Basic skills training. The first stage of the learning process of a
vocational character for a given task, job, occupation or group of
occupations, aimed at developing the fundamental attitude, knowledge,
skill or behavior pattern to specified standards. [Sec. 1, Rule 1, Book 2,
IRR of LC].
Basic tuition fees. Amounts paid for the privilege to receive instruction
in a high school but does not include matriculation fee, and other
miscellaneous fees as library and athletic fee, laboratory fee, entrance
fee, ROTC fee, student council fee, graduation fee and similar fees.
[Sec. 30, PD 69].
Basic unit. A well-defined unit which by convention is regarded as
dimensionally independent. [Sec. 4, BP 8].
Basic wage. 1. All regular remuneration or earnings paid by an
employer for services rendered on normal working days and hours but
does not include cost-of-living allowances. profit-sharing payments.
Premium payments, 13th month pay, and other monetary benefits
which are not considered as part of or integrated into the regular salary
of the employee on the date the Order became effective. [IRR, EO
178]. 2. All remuneration or earnings paid by an employer to a worker
for services rendered on normal working days and hours but does not
include cost-of-living allowances, profit sharing payments, premium

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payments, 13th month pay or other monetary benefits which are not
considered as part of or integrated into the regular salary of the
workers. [Sec. 1, Rule 7, Book 3, IRR of LC].
Basin. A naturally or artificially enclosed or nearly enclosed body of
water in free communication with the sea. [Sec. 3, PD 857].
Basnig. Tag. A fishing boat. [Jimenez v. Averia, GR L-22759. Mar. 29,
1968].
Bastard. An illegitimate child, born in a relationship between two
persons that are not married (i.e. not in wedlock) or who are not
married at the time of the child's birth. [Duhaime's Legal Dict., 2004].
Batas Pambansa (BP). Statutes approved by the Batasang Pambansa.
[Suarez, Stat. Con., (1993), p. 42].
Batch. A quantity of any drug or device produced during a given cycle of
manufacture. [Sec. 6, EO 175, May 22, 1987].
Batch number. A designation printed on the label of a drug or device
that identifies the batch, and permits the production history of the
batch including all stages of manufacture and control, to be traced and
reviewed. [Sec. 6, EO 175, May 22, 1987].
Battered woman syndrome. A scientifically defined pattern of
psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse. [Sec. 3, RA
9262].
Battery. 1. An act of inflicting physical harm upon the woman or her
child resulting to the physical and psychological or emotional distress.
[Sec. 3, RA 9262]. 2. A beating, or wrongful physical violence. The
actual threat to use force is an assault; the use of it is a battery, which
usually includes an assault. [Glossary of Legal Terms (Pro-Se), 2004].
Batuta. Tag. A nightstick used by barangay tanods. [People v.
Balderama, GR 89597-98. Sep. 17, 1993].
Baul. Tag. Commonly known in local parlance as wooden trunk. [People
v. Sadang, GR 105378. June 27, 1994].

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Bawang. Tag. A firecracker larger than a triangulo with 1/3 teaspoon of
powder packed in cardboard tied around with abaca strings and
wrapped in shape of garlic. [Sec. 2, RA 7183].
Bay. Intl. Law. A well-marked indentation whose penetration is in such
proportion to the width of its mouth as to contain land-locked waters
and constitute more than a curvature of the coast. [Cruz, Intl. Law
Bayanihan. See Palusong.
Bayaw. Tag. 1. Brother-in-law. [People v. Manalo, GR L-42505. Dec. 26,
1984]. 2. Sometimes loosely used to refer to a (male) cousin-in-law.
[People v. Songcuan, GR 73070. Aug. 11, 1989]. Compare with Bilas
and Hipag.
BCDA. See Bases Conversion and Development Authority.
Bearer. Nego. Inst. The person in possession of a bill or note which is
payable to bearer. [Sec. 191, NIL].
Bearer check. A check payable to cask. [Morenos Law Dict., 2000 Ed.,
p. 48].
Bearer instrument. A check payable to the order of cash, the payee of
which does not purport to be the name of any person. [Morenos Law
Dict., 2000 Ed., p. 48].
Beauty contest. Any competition open to any male or female, which is
national in character or scope, whether with or without international
affiliation, wherein the winner or winners are chosen on the basis of
beauty or other physical attributes or a combination of beauty and
talent, intelligence, charm, grace or other similar qualities. [LOI 1376].
Beginning of personality. Personality begins at conception, such that
the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born later with the conditions specified in
Art. 41 of the Civil Code. For civil purposes, the foetus is considered
born if it is alive at the time it is completely delivered from the mother's
womb. However, if the foetus had an intra-uterine life of less than
seven months, it is not deemed born if it dies within twenty-four hours

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after its complete delivery from the maternal womb. [Arts. 40 and 41,
CC].
Behest loans. The loans extended by government financial institutions
allegedly upon orders of the Marcos regime to its favorites and cronies
who obtained amounts unconscionably far in excess of their loan values
and knowing fully well that they would never be repaid. [From the 3rd
preambulatory clause of Proc. 82, dated Mar. 3, 1987].
Beinte nueve. (A local) fan knife. [People v. Alcantara, GR 91283. Jan.
17, 1995]. Also Veinte nueve.
Belligerency. Intl. Law. It exists when a sizeable portion of the territory
of a state is under the effective control of an insurgent community
which is seeking to establish a separate government and the insurgents
are in de facto control of a portion of the territory and population, have
a political organization, are able to maintain such control, and conduct
themselves according to the laws of war. [Sandoval, Pol. Law Reviewer
2003].
Belligerent community. A group of rebels under an organized civil
government who have taken up arms against the legitimate
government. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 17].
Belligerent government. A government engaged in a war with
insurgents. [Intl. Law Dict. & Direct., 2004].
Belligerent occupation. Intl. Law. An incident of war which occurs
when the territory of one belligerent is placed under the authority and
control of the invading forces of the other belligerent. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 139]. Compare with Military occupation.
Bells palsy. An acute lower Motor Neuron Palsy of the facial nerve,
characterized by pain, weakness or paralysis of the affected side of the
face. [Galanida v. ECC, GR L-70660. Sep. 24, 1987].
Bellum justum. Lat. Just war. [Claridades, A., Compilation of Notes,
2001-2006].
Bench. The seat occupied by the judge. More broadly, the court itself.

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Bench warrant. An order issued by a judge for the arrest of a person.
Beneficial use. The use of the environment or any element or segment
thereof conducive to public or private welfare, safety and health; and
shall include, but not be limited to, the use of water for domestic,
municipal, irrigation, power generation, fisheries, livestock raising,
industrial, recreational and other purposes. [Sec 4, RA 9275].
Beneficiaries. The dependent spouse until he/she remarries and
dependent children, who are the primary beneficiaries. In their
absence, the dependent parents and subject to the restrictions imposed
on dependent children and legitimate descendents who are the
secondary beneficiaries. Provided, that the dependent acknowledged
natural child shall be considered as a primary beneficiary when there
are no other dependent children who are qualified and eligible for
monthly income benefit. [Art. 167, LC].
Beneficiary or cestui que trust. 1. The person for whose benefit the
trust has been created. [Art. 1440, CC]. 2. Someone named to receive
property or benefits in a will. In a trust, a person who is to receive
benefits from the trust. [Glossary of Legal Terms (Pro-Se), 2004]. 3.
Ins. The person which is designated in a contract of life, health or
accident insurance as the one who is to receive the benefits which
become payable, according to the terms of the contract, upon the
death of the insured. [Tiopianco, Commentaries & Jurisp. on the Ins.
Code of the Phil., 1999 Ed., p. 27, citing 44 Am. Jur. 2nd 639].
Beneficio neto. Sp. Net profit. [Morenos Law Dict., 2000 Ed., p. 49].
Benefits-protection theory. The theory that the government is
expected to respond in the form of tangible and intangible benefits
intended to improve the lives of the people and enhance their moral
and material values. This symbiotic relationship is the rationale of
taxation and should dispel the erroneous notion that it is an arbitrary
method of exaction by those in the seat of power. [Comm. of Int. Rev.
v. CA, GR L-28896. Feb. 17, 1988].
Bequeath. To give a gift to someone through a will. [Glossary of Legal

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Bequests. Gifts made in a will. [Glossary of Legal Terms (Pro-Se),
2004]. See Legacy.
Berthing charge. The amount assessed against a vessel for mooring or
berthing at a pier, wharf, bulkhead-wharf, river or channel marginal
wharf at any port in the Philippines; or for mooring or making fast to a
vessel so berthed; or for berthing or mooring within any slip, channel,
basin river or canal under the jurisdiction of any port of the Philippines.
The owner, agent, operator or master of the vessel is liable for this
charge. [Sec. 2901, RA 1937].
Best evidence. The best evidence available. Evidence short of this is
secondary, that is, an original letter is Best evidence, and a photocopy
is Secondary evidence. [Glossary of Legal Terms (Pro-Se), 2004]. See
Primary evidence
Best evidence rule. 1. A rule of evidence that there can be no evidence
of a writing, the contents of which are the subject of inquiry, other than
the original writing itself except, among others, when the original has
been lost, destroyed, or cannot be produced in court. [Sec. 3, Rule 130,
RoC]. 2. A rule providing that no evidence shall be received which is
merely substitutionary in its nature so long as the original evidence can
be had. [Arroyo v. HRET, GR 118597. July 14, 1995].
Best interest of the child. The totality of the circumstances and
conditions as are most congenial to the survival, protection and feelings
of security of the child and most encouraging to his physical,
psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and
development of the child. [AM 00-4-07-SC].
Bestosexual. Legal Med. A person whose sexual desire is towards
animals. It is attained by having sex with an animal. [Olarte, Legal
Med., 1st Ed. (2004), p. 113].
Betrayal of trust or revelation of secrets by an attorney or
solicitor. Crim. Law. The felony committed by any attorney-at-law or
solicitor (procurador judicial) who, by any malicious breach of
professional duty or of inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the latter learned by
him in his professional capacity, or who, having undertaken the defense
of a client or having received confidential information from said client in

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a case, shall undertake the defense of the opposing party in the same
case, without the consent of his first client. [Art. 209, RPC].
Bet taker of promoter. A person who calls and takes care of bets from
owners of both gamecocks and those of other bettors before he orders
commencement of the cockfight and thereafter distributes won bets to
the winners after deducting a certain commission. [Sec. 4, PD 449].
Betterment. See Mejora.
Betting. Betting money or any object or article of value or
representative of value upon the result of any game, races and other
sports contest. [Sec. 1, PD 483].
Betting in sports contests. Crim. Law. The felony committed by any
person who shall bet money or any object or article of value or
representative of value upon the result of any boxing or other sports
contests. [Art. 197, RPC].
Bettor. 1. Mananaya, Tayador or variants thereof. Any person who
places bets for himself/herself or in behalf of another person, or any
person, other than the personnel or staff of any illegal numbers game
operation. [Sec. 2, RA 9287].
Bettor. A person who participates in cockfights and with the use of
money or other things of value, bets with other bettors or through the
bet taker or promoter and wins or loses his bet depending upon the
result of the cockfight as announced by the referee or sentenciador. He
may be the owner of fighting cock. [Sec. 4, PD 449].
Beverage. A liquor or liquid for drinking. [Cagayan Valley Ent., Inc. v.
CA, GR 78413. Nov. 8, 1989, citing Burnstein v. US, CC. A. Cal., 55 F2d
599, 603; Black's Law Dict., 4th Ed., 204].
Beyond economical repair. The condition of the supplies when the
cost of repairing becomes prohibitive and disadvantageous to the
government or when the cost to repair an item is over sixty per cent
(60%) of the acquisition cost. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].
Beyond reasonable doubt. The standard in a criminal case requiring
that the court be satisfied to a moral certainty that every element of a

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crime has been proven by the prosecution. This standard of proof does
not require that the state establish absolute certainty by eliminating all
doubt, but it does require that the evidence be so conclusive that all
reasonable doubts are removed from the mind of the ordinary person.
Bicameral conference committee. See Conference committee.
Bid. Signed offer or proposal submitted by a supplier, manufacturer,
distributor, contractor or consultant in response to the bidding
documents. [Sec. 5, RA 9184].
Bid bond. Also Proposal bond. An indispensable requirement for the
validation of a bid proposal. The bond insures good faith of the bidders
and binds them to enter into a contract with the Government should
their proposal be accepted. [Padilla v. Zaldivar, L-22789, Oct. 30, 1964,
12 SCRA 260].
Bidder's bond. A bond in cash, certified or cashier's check or surety
required of bidders before they can participate in any competitive
bidding, to guarantee in good faith the submission of their tenders and
acceptance of all the terms and conditions thereof. [IRR on Supply &
Prop. Mgt., per Sec. 383, LGC].
Bidding documents. Documents issued by the procuring entity as the
basis for bids, furnishing all information necessary for a prospective
bidder to prepare a bid for the goods, infrastructure projects, and
consulting services to be provided. [Sec. 5, RA 9184].
Bienes futuros. Sp. Future property. [Blas v. Santos, GR L-14070. Mar.
29, 1961].
Bigamy. 1. The contracting of a second or subsequent marriage before
the former marriage has been legally dissolved, or before the absent
spouse has been alleged declared presumptively dead by means of a
judgment rendered in the proper proceeding. [Art. 349, RPC]. 2. An
illegal marriage committed by contracting a second or subsequent
marriage before the first marriage has been legally dissolved, or before
the absent spouse has been declared presumptively dead by means of
a judgment rendered in the proper proceedings. Bigamy carries with it
the imposable penalty of prision mayor. Being punishable by an
afflictive penalty, this crime prescribes in fifteen (15) years. The

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fifteen-year prescriptive period commences to run from the day on
which the crime is discovered by the offended party, the authorities, or
their agents. [Sermonia v. CA, GR 109454. June 14, 1994].
Bilas. Tag. 1. The husband of (ones) wife's sister. [People v. Ventura,
GR L-32716. Dec. 1, 1977]. 2. Co-brother-in-law. [People v. Malillos, GR
L-26568. July 29, 1968]. Compare with Bayaw and Hipag.
Bilateral contract. See Synallagmatic contract.
Bilateral treaty. Formal binding agreement between two states. [Intl.
Law Dict. & Direct., 2004].
Bill. A proposed law filed in Congress which becomes law only after it is
considered, passed upon and approved by Congress and by the
President of the Philippines. [Claridades, A., Compilation of Notes,
2001-2006].
Bill increasing public debt. A bill filed in Congress proposing to
authorize the government to borrow money, either by borrowing from
external sources or by offering bonds for public subscriptions.
Bill in set. Nego. Inst. 1. A bill composed of several parts, each part is
numbered and contains a reference to the other parts, all of which
parts constitute one bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 377]. 2. A
bill drawn in a set, each part of the set being numbered, and containing
a reference to the other parts, the whole of the parts constitutes one
bill. [Claridades, A., Compilation of Notes, 2001-2006].
Bill of attainder. A legislative act which inflicts punishment without
trial. [People v. Ferrer, L-32613-14, Dec. 27, 1972, 48 SCRA 382, citing
Cummings v. US, 4 Wall, 277 (1867)].
Bill of exchange. 1. An unconditional order in writing addressed by one
person to another, signed by the person giving it, requiring the person
to whom it is addressed to pay on demand or at a fixed or
determinable future time a sum certain in money to order or to bearer.
[Sec. 126, NIL]. 2. A negotiable instrument by which the drawer
requires of the drawee to pay a designated sum of money to the payee
or subsequent holder. [Torres, Oblig. & Cont., 2000 Ed., p. 348].
Compare with Promissory note.

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Bill of lading. 1. A written acknowledgment of the receipt of the goods
and an agreement to transport and deliver them at a specified place to
a person named or on his order. [Suggested Answer for the 1998 Bar,
UPLC, (2002), p. 42]. 2. Such instrument may be called a shipping
receipt, forwarder's receipt and receipt for transportation. [Saludo v.
CA, GR 95536. Mar. 23, 1992]. 3. A written agreement between the
shipper of the goods and a common carrier. [Torres, Oblig. & Cont.,
2000 Ed., p. 348].
Bill of local application. A bill filed in Congress that is local in
character like the creation of a new town, city or province. [Claridades,
A., Compilation of Notes, 2001-2006].
Bill of particulars. Rem. Law. 1. A definite statement which a party
may move for before responding to a pleading concerning any matter
which is not averred with sufficient definiteness or particularity to
enable him properly to prepare his responsive pleading. If the pleading
is a reply, the motion must be filed within ten (10) days from service
thereof. Such motion shall point out the defects complained of, the
paragraphs wherein they are contained, and the details desired. [Sec.
1, Rule 12, RoC]. 2. A more definite statement, ordered by the court on
motion of a party, the office of (which) is limited to making more
particular or definite the ultimate facts in a pleading (that were) alleged
too generally or not averred with sufficient definiteness or particularly
(as) to enable an (adverse party) properly to prepare his responsive
pleading or to prepare for trial. It is not its office to supply evidentiary
matters. [Fortune Corp. v. CA, GR 108119. Jan. 19, 1994].
Bill of particulars. Rem. Law. Purposes: 1. To amplify or limit a
pleading, specify more minutely and particularly a claim or defense set
up and pleaded in general terms, give information, not contained in the
pleading, to the opposite party and the court as to the precise nature,
character, scope, and extent of the cause of action or defense relied on
by the pleader, and apprise the opposite party of the case which he has
to meet, to the end that the proof at the trial may be limited to the
matters specified, and in order that surprise at, and needless
preparation for, the trial may be avoided, and that the opposite party
may be aided in framing his answering pleading and preparing for trial.
2. To define, clarify, particularize, and limit or circumscribe the issues in
the case, to expedite the trial, and assist the court. [Virata v.
Sandiganbayan, GR 106527. Apr. 6, 1993].

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Bill of rights. Const. Law. A formal and emphatic legislative assertion
and declaration of popular rights and liberties. That portion of the
Constitution guaranteeing the rights and privileges to the individual.
Binder. See Binding slip.
Binding receipt. Ins. 1. A mere acknowledgment on behalf of the
company that its branch office had received from the applicant the
insurance premium and had accepted the application subject to
processing by the head office. 2. In life insurance a "binding slip" or
"binding receipt" does not insure of itself. [De Lim v. Sun Life
Assurance Co. of Canada, 41 Phil. 264].
Binding slip. Also Binder. A document given to the insured to bind the
company in case a loss occurs pending action upon the application and
the actual issuance of a policy. Such a slip issued by the duly
authorized agent of an insurance company constitutes a temporary
contract of insurance under which the company is liable for any loss
occurring during the period covered by it. [Morenos Law Dict., 2000
Ed., pp. 51-52].
Bingeing. Legal Med. The rapid and quick consumption of large
amounts of food while feeling a loss of control. [Olarte, Legal Med., 1st
Ed. (2004), p. 139].
Bintol. Tag. Bamboo-and-net device used to catch talangka. [People v.
Rejano, GR 105669-70. Oct. 18, 1994].
Bio-conversion to fuels. The various processes, natural or synthetic,
by which a solid, liquid or gaseous fuel is produced by utilizing bio-mass
feedstock, e.g. anaerobic fermentation of animal manure to yield
bio-gas; combustion of firewood to yield heat, steam or power,
fermentation of agricultural crops or by-products to yield substitute
fuels such as alcohol. [Sec. 2, PD 1068].
Bio-gas. A fuel gas consisting of 50-70% methane and the rest
non-combustible gases produced by the anaerobic fermentation of
organic waste. [Sec. 2, PD 1068].

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Biologic products. Viruses, sera, toxins and analogous products used
for the prevention or cure of human diseases. [Sec. 42, RA 5921].
Bio-mass. Organic matter, whether living or not. This would include,
among others, trees, algae, animal and agricultural wastes and
decaying plants in swamps. [Sec. 2, PD 1068].
Biomedicine. That discipline of medical care advocating therapy with
remedies that produce effects differing from those of the diseases
treated. It is also called 'allopathy,' 'western medicine,' 'regular
medicine,' 'conventional medicine,' 'mainstream medicine,' 'orthodox
medicine,' or 'cosmopolitan medicine.' [Sec. 4, RA 8423].
Bioprospecting. The research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived there
from solely for commercial purposes. [Sec. 5, RA 9147].
Bird sanctuary. See Game refuge.
Black Hand. A lawless secret society whose members engage in
extortion, terrorism, and other crimes. [People v. Aquino, GR L-23908.
Oct. 29, 1966, citing Webster, New Intl. Dict., 2nd Ed., p. 280].
Blackhander. A person belonging to or associated with Black Hand, a
lawless secret society whose members engage in extortion, terrorism,
and other crimes. [People v. Aquino, GR L-23908. Oct. 29, 1966, citing
Webster, New Intl. Dict., 2nd Ed., p. 280].
Blackmarketing of foreign exchange. The crime committed by any
person who shall engage in the trading or purchase and sale of foreign
currency in violation of existing laws or rules and regulations of the
Central Bank. [Sec. 1, PD 1883]. See Salting of foreign exchange.
Blanket mortgage clause. A provision in a mortgage which broadens
the security clause to cover all indebtedness of the mortgagor to the
mortgagee of past or future origin, existing indebtedness, advances to
be made by the mortgagee to the mortgagor, and indebtedness of the
mortgagor to the mortgagee created subsequent to the execution of
the contract. [Morenos Law Dict., 2000 Ed., p. 52].
Blank indorsement. See Indorsement in blank.

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Blasting agent. Any material or mixture consisting of a fuel and oxidizer
used to set off explosives. [Sec. 3, PD 1185].
Blighted lands. The areas where the structures are dilapidated,
obsolete and unsanitary, tending to depreciate the value of the land
and prevent normal development and use of the area. [Sec. 3, RA
7279].
Block. A parcel of land bounded on the sides by streets or alleys or
pathways or other natural or manmade features, and occupied by or
intended for buildings. [Sec. 3, BP 220].
Block. Also Meridional block. An area bounded by one-half (1/2)
minute of latitude and one-half (1/2) minute of longitude, containing
approximately eighty-one hectares (81 has.). [Sec. 3, RA 7942].
Blockade. Intl. Law. A hostile operation by which the vessels and
aircraft of one belligerent prevent all other vessels, including those of
neutral states, from entering or leaving the ports or coasts of the other
belligerent, the purpose being to shut off the place from international
commerce and communication with other states. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 155].
Blockhead. A person deficient in understanding. [People v. Aquino, GR
L-23908. Oct. 29, 1966, citing Webster Intl. Dict., p. 290].
Blood bank or center. A laboratory or institution with the capability to
recruit and screen blood donors, collect, process, store, transport and
issue blood for transfusion and provide information and/or education on
blood transfusion transmissible diseases. [Sec. 3, RA 7719].
Blood collection unit. An institution or facility duly authorized by the
DOH to recruit and screen donors and collect blood. [Sec. 3, RA 7719].
Blood grouping test. The analysis of blood samples of the mother, the
child, and the alleged father, (by which) it can be established
conclusively that the man is not the father of the child. But (such test)
cannot show that a man is the father of a particular child, but at least
can show only a possibility that he is. [Jao v. CA, GR L-49162. July 28,
1987].

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

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contains the subject matter of the statute. [Suarez, Stat. Con., (1993),
p. 46].
Body-building. A job undertaken on a motor vehicle in order to replace
its entire body with a new body. [Sec. 2, RA 6539].
Bolo. A long, heavy Philippine single-edged knife. [Morenos Law Dict.,
2000 Ed., p. 53].
Bona fide. Lat. In good faith or with good faith; without fraud or deceit;
genuine. [Tetley, Glossary of Conflict of Laws, 2004].
Bona fide bidder. A registered merchant licensed as manufacturer,
producer, regular dealer or service establishment with reputable
establishment for at least three (3) months prior to the public bidding
he intends to participate in. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].
Bona fide intention to cultivate. In Sec. 50 (a) of RA 1199, as
amended, (the term) has reference not only to the liability and firm
decision of the landowner to mechanize but also to the motive behind
his action in seeking the dispossession of his tenants. The "bona fide"
requirement necessarily authorizes judicial inquiry into the landowner's
motives in deciding to mechanize his operations. [De Santos v. Acosta,
GR L-17564. Jan. 31, 1962].
Bona fide occupant. One who supposes he has a good title and knows
of no adverse claim; one who not only honestly supposes himself to be
vested with true title but is ignorant that the title is contested by any
other person claiming a superior right to it. [Bernardo v. Bernardo, GR
L-5872. Nov. 29, 1954].
Bona fide purchaser for value. As used in sales or ordinary contracts,
any person who acquires property or negotiable instruments in good
faith and for valuable consideration. [Torres, Oblig. & Cont., 2000 Ed.,
p. 348].
Bond. 1. A written obligation or undertaking that is sufficiently secured.
[Evangelista v. CA, GR 41229. Jan. 13, 1992]. 2. A written agreement
by which a person insures he will pay a certain sum of money if he
does not perform certain duties property. [Glossary of Legal Terms
(Pro-Se), 2004].

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Bonded warehouse. A facility at a port of entry where shippers can
store goods until they clear customs. [Intl. Law Dict. & Direct., 2004].
Bonds. Certificates of debt issued by a company (or government)
guaranteeing payment of an original investment plus interest at a
specified future date. [Intl. Law Dict. & Direct., 2004].
Bondsman. A surety offered in virtue of a provision of law or of a
judicial order who shall have the qualifications prescribed in Art. 2056
of the Civil Code and in special laws. [Art. 2082, CC].
Bonus. An amount granted and paid to an employee for his industry and
loyalty which contributed to the success of the employer's business and
made possible the realization of profits. It is something given in
addition to what is ordinarily received by or strictly due to the recipient.
[Traders Royal Bank v. NLRC, 189 SCRA 274 (1990) and Luzon
Stevedoring v. CIR, 15 SCRA 660 (1965)].
Bonus judex secundum aequum at bonum judicat stricto juri
praefert. Lat. A good decides according to justice ands right and
prefers equity to strict law. [Pangan v. CA, GR L-39299. Oct. 18, 1988].
Bonus judex secundum sequum. Lat. Deciding according to justice
rather than rigid law. [Morenos Law Dict., 2000 Ed., p. 54].
Bonus pater familias. Lat. Good father of the family. [Claridades, A.,
Bonus shares. Corp. Law. Those issued gratuitously. They are
Watered shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Bookie. A person, who without any license therefor, operates outside
the compounds of racing clubs and accepts bets from the public. They
pay dividends to winners minus a commission, which is usually 10%.
[Lim v. Pacquing, GR 115044. Jan. 27, 1995].
Booking sheet. A record of arrest and a statement on how the arrest is
made. It is simply a police report, and it has no probative value as an
extrajudicial statement of the person being detained. The signing by
the accused of the booking sheet and arrest report is not a part of the
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counsel to ensure the protection of the accused's constitutional rights.
[People v. Manzano, GR 86555. Nov. 16, 1993].
Booking. The process of photographing, fingerprinting, and recording
identifying data of a suspect. This process follows the arrest. [Glossary
Bookkeeping. The art or practice of keeping a systematic record of
business transactions, so as to show their relations to each other, and
the state of the business in which they occur. [Martin, Commentaries
and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 32].
Book Publishing Industry Development Act. RA 8047 entitled An
Act providing for the development of the book publishing industry
through the formulation and implementation of a national book policy
and a national book development plan enacted on June 7, 1995.
Bore. Any well, hole, pipe, or excavation of any kind which is bored,
drilled, sunk or made in the ground for the purpose of investigating,
prospecting, obtaining, or producing geothermal energy, natural gas
and methane gas, or which taps or is likely to tap geothermal energy,
natural gas and methane gas and includes any hole in the ground
which taps geothermal energy, natural gas and methane gas. [Sec. 2,
RA 5092].
Born out of wedlock. Born of parents who were not married at the
time of birth. [Duhaime's Legal Dict., 2004].
Borrowing power of the President. The power of the President to
contract or guarantee foreign loans on behalf of the Republic of the
Philippines, with the prior concurrence of the Monetary Board, and
subject to such limitations as may be provided by law. [Sec. 20, Art.
VII, 1987 Const.].
Borrowing statute. Conf. of Laws. 1. A statute (which) has the
practical effect of treating the foreign statute of limitation as one of
substance. [Agpalo, Conflict of Laws, p. 6, citing Goodrich, Conflict of
Laws 152-153 (1938)]. 2. A (statute which) directs the state of the
forum to apply the foreign statute of limitations to the pending claims
based on a foreign law. [Ibid., Siegel, Conflicts 183 (1975)].

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Bottle-feeding. The method of feeding an infant using a bottle with
artificial nipples, the contents of which can be any type of fluid. [Sec. 3,
RA 7600].
Bottomry loan. A contract in the nature of a mortgage, by which the
owner of a ship borrows money for the use, equipment or repair of the
vessel, and for a definite term and pledges the ship as a security of its
repayment, with maritime or extraordinary interest on account of the
maritime risks to be borne by the lender, it being stipulated that if the
ship be lost in the course of the specific voyage, or during the limited
time by any of the perils enumerated in the contract, the lender shall
also lose his money. [Tiopianco, Commentaries and Jurisp. on the Ins.
Code of the Phil., 1999 Ed., p. 103, citing Blacks Law Dict.].
Boulwareism. Labor. A take-it-or-leave-it bargaining attitude of the
management introduced by L. R. Boulware of Gen. Electric Co. (US).
This type of bargaining is expressly prohibited under the law for the
parties are required to bargain collectively and in good faith. [Poquiz,
Labor Rel. Law, 1999 Ed. p. 179].
Bouncing Check Law. BP 22 entitled An Act penalizing the making or
drawing and issuance of a check without sufficient funds or credit and
for other purposes enacted on Apr. 3, 1979.
Bouncing Check Law violation Elements: (a) The making, drawing
and issuance of any check of apply to account or for value; (b) the
knowledge of the maker, drawer or issuer that at the time of issue he
does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment; and (c) subsequent
dishonor of the check by the drawee bank for insufficiency of funds or
credit or dishonor for the same reason had not the drawer, without any
valid cause, ordered the bank to stop payment. [People v. Laggui, 171
SCRA 305].
Boundary rivers. Intl. Law. Rivers which divide the territories of states,
like the St. Lawrence River between the United States and Canada.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 61].
Boundary system. 1. The prevalent, persistent and accepted mode or
contractual relationship between operators and drivers of public utilities
providing land transportation services, particularly mini-buses, jeepneys
and taxis. [Whereas clause, LOI 853]. 2. An employer-employee

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relationship existing between a jeepney-owner and a driver (under
which) the driver does not receive a fixed wage but gets only the
excess of the amount of fares collected by him over the amount he
pays to the jeep-owner, and the gasoline consumed by the jeeps is for
the account of the driver. [Magboo v. Bernardo, GR L-16790. Apr. 30,
1963].
Boycott. Any activity on the part of a labor organization whereby it is
sought through concerted action, other than by reason of lawful
competition, to obtain withdrawal of public patronage from one in
business. [Burke v. Adams Dairy, 352 US 969].
Branch. Unit or part of a company. It is not separately incorporated.
Branch and subdivision of the government. Admin. Law. Under Art
IX (B) of the 1987 Const. And Sec. 2 of the Rev. Admin. Code, the
corporate entity through which the functions of the government are
exercised, whether pertaining to the central government or to the
provincial or municipal branches or other forms of local government.
Brand name. The proprietary name given by the manufacturer to
distinguish its product from those of competitors. [Sec. 3, RA 6675].
Braza. Sp. 1. About two (2) yards. [US v. Ramos, GR 10832. Dec. 11,
1916]. 2. Equal to 1.6718 meters. [People v. Panaligan, GR L-17603.
Mar., 1922].
Breach. The breaking or violating of a law, right, or duty, either by
commission or omission. The failure of one part to carry out any
condition of a contract. [Glossary of Legal Terms (Pro-Se), 2004].
Breach of contract. 1. The failure to do what one promised to do under
a contract. Proving a breach of contract is a prerequisite of any suit for
damages based on the contract. [Duhaime's Legal Dict., 2004]. 2. An
unjustified failure to perform when performance is due. [Glossary of
Breach of promise to marry. Generally, a breach of promise to marry
per se is not actionable, except where the plaintiff has actually incurred
expenses for the wedding and the necessary incidents thereof. The

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award of moral damages is allowed in cases specified in or analogous
to those provided in Art. 2219 of the Civil Code and under Art. 21 of
said Code, in relation to par. 10 of said Art. 2219. [Buag v. CA, GR
101749. July 10, 1992].
Breach of trust. Any act or omission on the part of the trustee which is
inconsistent with the terms of the trust agreement or the law of trusts.
Breastfeeding. The method of feeding an infant directly from the
human breast. [Sec. 3, RA 7600].
Breastmilk. The human milk from a mother. [Sec. 3, RA 7600].
Breastmilk substitute. Any food being marketed or otherwise
represented as a partial or total replacement for breastmilk, whether or
not suitable for that purpose. [Sec.4, EO 51, Oct. 20, 1986].
Brevi manu, traditio. See Traditio brevi manu.
Brief. 1. The word is derived from the Latin word brevis, and the French
brief, and literally means a short or condensed statement. The purpose
of the brief is to present to the court in concise form the point and
questions in controversy, and by fair argument on the facts and law of
the case, to assist the court in arriving at a just and proper conclusion.
The brief should be so prepared as to minimize the labor of the court in
examination of the record upon which the appeal is heard and
determined. It is, certainly, the vehicle of counsel to convey to the
court the essential facts of his client's case, a statement of the
questions of law involved, the law he should have applied, and the
application he desires made of it by the court. [Casilan v. Chavez, GR
L-17334. Feb. 28, 1962, citing Comments on the Rules of Court, Vol. 1,
1957 Ed., p. 711]. 2. A written argument by counsel arguing a case,
which contains a summary of the facts of the case, pertinent laws, and
an argument of how the law applies to the fact situation. Also called a
Memorandum of law. [Glossary of Legal Terms (Pro-Se), 2004].
Brief substitution. The substitution of two or more persons for one
heir. [Art. 860, CC].
Brigandage. Essential elements: (a) that there are at least four persons
in the gang; (b) that each and everyone of them is armed; and (c) that

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the purpose for which the offenders have grouped together is to
commit robbery in the highway or to kidnap persons for extortion or
ransom or for any other purpose to be attained by force or violence.
[Morenos Law Dict., 2000 Ed., p. 55]. See Highway robbery.
Brigands. Also Highway robbers. More than three armed persons who
form a band of robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to
obtain ransom or for any other purpose to be attained by means of
force and violence. [Art. 306, RPC].
Broadcasting. The transmission by wireless means for the public
reception of sounds or of images or of representations thereof; such
transmission by satellite is also Broadcasting where the means for
decrypting are provided to the public by the broadcasting organization
or with its consent. [Sec. 202, RA 8293].
Broadcasting organization. A natural person or a juridical entity duly
authorized to engage in broadcasting. [Sec. 202, RA 8293].
Broker. 1. A person engaged in the business of buying and selling
securities for the account of others. [Sec. 3, RA 8799]. 2. One who is
engaged, for others, on a commission, negotiating contracts relative to
property with the custody of which he has no concern; the negotiator
between other parties, never acting in his own name, but in the name
of those who employed him; he is strictly a middleman and for some
purposes the agent of both parties. [Kuenzle & Streiff v. Comm. of Int.
Rev., GR L-17648, Oct. 31, 1964].
Bronchogenic carcinoma. 1. Cancer of the lungs. [Jimenez v. ECC, GR
L-58176. Mar. 23, 1984]. 2. The commonest primary malignant tumor
of the lung and it is rapidly fatal if untreated. It is predominantly a
disease of the male sex, about 90% of all tumors occurring in men. In
this sex, it is the commonest cause of death from cancer. [Latagan v.
ECC. GR 55741. Sep. 11, 1992].
Browser. Computer software program for accessing and viewing the
World Wide Web. [Intl. Law Dict. & Direct., 2004].
Bruha. Tag. A vernacular word meaning witch. [Morenos Law Dict.,
2000 Ed., p. 56].

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

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Budget preparation. The first step (in the government budgeting
process which) is essentially tasked upon the Executive Branch and
covers the estimation of government revenues, the determination of
budgetary priorities and activities within the constraints imposed by
available revenues and by borrowing limits, and the translation of
desired priorities and activities into expenditure levels. (It) starts with
the budget call issued by the Department of Budget and Management.
Each agency is required to submit agency budget estimates in line with
the requirements consistent with the general ceilings set by the
Development Budget Coordinating Council (DBCC). [Guingona, Jr. v.
Carague, GR 94571. Apr. 22, 1991].
Buffer fund. A contingent fund in the budget of the implementing
agency which shall not be used in its normal or regular operations but
only for purposes provided for in RA 7581. [Sec. 3, RA 7581].
Buffer zones. Identified areas outside the boundaries of and
immediately adjacent to designated protected areas pursuant to Sec. 8
of RA 7586 that need special development control in order to avoid or
minimize harm to the protected area. [Sec. 4, RA 7586].
Build-and-transfer. A contractual arrangement whereby the project
proponent undertakes the financing and construction of a given
infrastructure or development facility and after its completion turns it
over to the government agency or local government unit concerned,
which shall pay the proponent on an agreed schedule its total
investments expended on the project, plus a reasonable rate of return
thereon. This arrangement may be employed in the construction of any
infrastructure or development project, including critical facilities which,
for security or strategic reasons, must be operated directly by the
Government. [Sec. 2, RA 7718; Sec. 2, RA 6957].
Builder in bad faith. A builder who builds knowing that the land does
not belong to him and he has no right to build thereon. [Morenos Law
Dict., 2000 Ed., p. 57].
Builder in good faith. One who is unaware of any flaw in his title to
the land at the time he builds on it. [Bishop v. CA, GR 86787. May 8,
1992].
Building. A generic term for all architectural work with roof, built for the
purpose of being used as a mans dwelling, or for offices, clubs,

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

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Build-transfer-and-operate. A contractual arrangement whereby the
public sector contracts out the building of an infrastructure facility to a
private entity such that the contractor builds the facility on a turn-key
basis, assuming cost overrun, delay, and specified performance risks.
[Sec. 2, RA 7718].
Bulimia nervosa. A disorder characterized by repeated episodes of
binge eating followed by purging (self-induced vomiting or taking
laxatives, diuretics, or both), rigorous dieting or excessive exercising to
counteract the effects of bingeing. [Olarte, Legal Med., 1st Ed. (2004),
p. 139]. Compare with Anorexia nervosa.
Bulkhead. Structure serving to divide land and water areas. [Sec. 4 (g),
RA 7621].
Bulkhead line. The limiting line beyond which no bulkheads or solid fill
may be extended. [Sec. 3, RA 4663].
Bulk sale. Also Sale in bulk. 1. A sale is considered to be in bulk: (a)
when the sale, transfer or disposition is other than in the ordinary
course; (b) when the sale is of all or substantially all of the business;
and (c) when the sale is of all or substantially all of the fixtures and
equipment. [Suggested answer to Bar 1947; 1958, cited in Miravite, Bar
Review Materials in Comm. Law, 12th Ed., (2002), p. 18]. 2. The
acquisition of all or a greater part of stock and fixtures of a business in
a manner other than in the ordinary course of its business. [Torres,
Oblig. & Cont., 2000 Ed., p. 348].
Bulk Sales Law. Act 3952, as amended by RA 111, which regulates the
sale, transfer, mortgage or assignment of goods, wares, merchandise,
provisions or materials, in bulk. [Miravite, Bar Review Materials in
Comm. Law, 12th Ed., (2002), p. 18].
Bum check. A worthless check or a check that is dishonored upon its
presentment for payment. [People v. Laggui, GR 76262-63. Mar. 16,
1989].
Bumping-off. Refusal to carry or transport a passenger. [Lufthansa
German Airlines v. CA GR 83612. Nov. 24, 1994].
Bumubuwis. Tag. Lessee. [Morenos Law Dict., 2000 Ed., p. 58].

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Burden of evidence. Logical necessity on a party during a particular
time of the trial to create a prima facie case in his favor or to destroy
that created against him by presenting evidence. [Claridades, A.,
Burden of proof. 1. A rule of evidence that makes a person prove a
certain thing or the contrary will be assumed by the court. For example,
in criminal trials, the prosecution has the burden of proving the accused
guilt because innocence is presumed. [Duhaime's Legal Dict., 2004]. 2.
In the law of evidence, the necessity or duty of affirmatively proving a
fact or facts in dispute on an issue raised between the parties in a
lawsuit. The responsibility of proving a point (the burden of proof). It
deals with which side must establish a point or points. [Glossary of
Bureau. Any principal subdivision or unit of any department. This shall
include any principal subdivision or unit of any instrumentality given or
assigned the rank of a bureau, regardless of actual name or
designation, as in the case of department-wide regional offices. [Sec. 2,
Admin. Code of 1987].
Burglary. The act of illegal entry with the intent to steal. [Glossary of
Burial. Interment of remains in a grave, tomb or the sea. [Sec. 89, PD
856].
Burial grounds. Cemetery, memorial park of any place duly authorized
by law for permanent disposal of the dead. [Sec. 89, PD 856].
Burning one's own property as means to commit arson. Crim.
Law. The felony committed by any person guilty of arson or causing
great destruction of the property belonging to another, even though he
shall have set fire to or destroyed his own property for the purposes of
committing the crime. [Art. 325, RPC].
Bus. A motor vehicle of any configuration with gross vehicle weight of
4.0 tons or more with any number of wheels and axles, which is
generally accepted and specially designed for mass or public
transportation. [RA 9224].

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Business. Trade or commercial activity regularly engaged in as a means
of livelihood or with a view to profit. [Sec. 131, RA 7160].
Business agent. Also Agente de negocios. All persons who act as
agent of others in the transaction of business with any public officer, as
well as those who conduct collecting, advertising, employment, or
private detective agencies. [Sec. 1, PD 426].
Business enterprise. Industrial, agricultural, or agro-industrial
establishments engaged in the production manufacturing, processing,
repacking, or assembly of goods, including service-oriented enterprises,
duly certified as such by appropriate government agencies. [Sec. 4, RA
6971].
Business goodwill. The advantage acquired by any product or services
because of general encouragement and patronage of the public. This is
generated when the client-public regard favorably the product or
services turned out by the business concern. [Morenos Law Dict., 2000
Ed., p. 59]. See also Company goodwill and Goodwill.
Business income. The earnings or profits made by companies. [Intl.
Business Name Law. Act 3883 entitled An Act to regulate the use in
business transactions of names other than true names, prescribing the
duties of the Director of the Bureau of Commerce and Industry in its
enforcement, providing penalties for violation thereof, and for other
purposes enacted on Nov. 14, 1931.
Business tax. A tax imposed by the municipality on business, under Art.
143 of RA 7160 or the Local Govt. Code of 1991. [Claridades, A.,
Butterfly. Butterfly-shaped pyrotechnic device designed to lift above
ground while providing light. [Sec. 2. A. (10), RA 7183].
Buwisan. Tag. Tract of land (especially rice land) leased under a
cropsharer. [Magno-Adamos v. Bagasao, GR L-63671. June 28, 1988,
citing Panganiban Diksyunaryo Tesauro Pilipino-Ingles, p. 207].
Buy and purchase. Any contract to buy, purchase, or otherwise acquire
for a valuable consideration a subdivision lot, including the building and

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other improvements, if any, in a subdivision project or a condominium
unit in a condominium project. [Sec. 2, PD 957].
Buy and sell. The transaction whereby one purchases used secondhand
articles for the purpose of resale to third persons. [IRR, Sec. 6, PD
1612].
Buy-bust operation. 1. A form of entrapment employed by peace
officers to catch a malefactor in flagrante delicto. 2. The employment of
such ways and means for the purpose of trapping or capturing a law
breaker. [People v. Yumang, GR 94977. May 17, 1993].
Buyer. Anyone who purchases anything for money. [Tejada v.
Homestead Property Corp. GR 79622. Sep. 29, 1989].
Buyer in good faith and for value. See Purchaser in good faith
and for value.
By-bidding. See Puffing.
By-laws or bylaws. Corp. Law. 1. The rules of action adopted by a
corporation for its internal government and for the regulation of
conduct which prescribe the rights and duties of its stockholders or
members towards itself and among themselves in reference to the
management of its affairs. [Claridades, A., Compilation of Notes,
2001-2006]. 2. Rules or laws adopted by an association or corporation
to govern its actions. [Glossary of Legal Terms (Pro-Se), 2004].
By-product or derivatives. Any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and
herbarium specimens. [Sec. 5, RA 9147].
Bystander rule. Labor. The rule that a certification election is the sole
concern of the workers and the employer is regarded as nothing more
than a bystander with no right to interfere at all in the election. The
only exception here is where the employer has to file a petition for
certification election pursuant to Art. 258 of the Labor Code because it
is requested to bargain collectively. [Phil. Fruits and Vegetable Ind.,
Inc. v. Torres, GR 92391. July 3, 1992].

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-CC & F. See Cost and freight.

CA. Court of Appeals.
Cabalieriza. A stable; a horse shed. [Morenos Law Dict., 2000 Ed., p.
61].
Cabaret or dance hall. Any place or establishment where dance is
permitted to the public in consideration of any admission, entrance, or
any other fee paid on, before or after the dancing, and where
professional hostesses or dancers are employed. [Sec. 1, PD 426].
Cabo. 1. A person or group or persons or to a labor group which, in the
guise of a labor organization, supplies workers to an employer, with or
without any monetary or other consideration whether 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. [Morenos 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 for the settlement and adjudication of power.
Cadastral survey. A numerical survey to which the entire area of the
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complete survey returns and technical descriptions of individual lots
necessary for registration purposes. [Dir. of Lands v. Sec. of ENR, GR
79684. Feb. 19, 1991]. Compare with Mapping projects.
Cadet. In maritime parlance, a trainee working to gain a merchant
marine license (e.g., for third mate). [Morenos Law Dict., 2000 Ed., p.
62].
Cadet room. A plain room in a ship to accommodate a cadet or trainee
working for a merchant marine license, furnished with simple facilities.
Caduciary rights. Conf. of Laws. 1. The right of the state to claim
through escheat proceedings the properties of decedents who are not
survived by any heirs. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p.
329]. 2. The claims of the sovereign or other public authority of a
country in which the deceaseds property is situated to that property on
failure of all persons entitled to claim under the appropriate law. [Ibid.,
citing Graveson, Conflict of Laws, p. 324].
Calendar. A list of cases scheduled for hearing in court. [Glossary of
Calendar year. It shall cover the period from January 1 to December
31. [Sec. 1, EO 206, June 30, 1987]. Compare with Fiscal year.
Calvo clause. Intl. Law. A stipulation by virtue of which an alien waives
or restricts his right to appeal to his own state in connection with any
claim arising from a contract with a foreign state and limits himself to
the remedies available under the laws of that state. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 110].
Camino vecinal. Sp. A municipal road (and) also property for public
use. [Sps. Pilapil v. CA, GR 97619. Nov. 26, 1992.]
Camison. Sp. Underwear. [People v. Gamao, GR L-19347. Feb. 27,
1968].
Camison de bao. Sp. A chemise. [Morenos Law Dict., 2000 Ed., p.
62].

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Campaign. A connected series of operations to bring about some
desired result. [Gonzales v. Comelec, GR L-27833. Apr. 18, 1969].
Cancellation. It includes the act of tearing, erasing, obliterating, or
burning. It is not limited to writing the word cancelled, or paid, or
drawing of criss-cross lines across the instrument. It may be made by
any other means by which the intention to cancel the instrument may
be evident. [Claridades, A., Compilation of Notes, 2001-2006].
Cancellation proceeding. The process leading to the revocation of the
registration certificate of a labor organization after due process. [Sec. 1,
Rule 1, Book 5, IRR of LC].
Cancer. Derived from the Latin word Cancer which means Crab; in the
medical sense, it refers to a malignant, usually fatal, tumor or growth.
[Vda. De Laron v. WCC, GR L-43344. Sep. 29, 1976, citing Schmidt's
Atty.s Dict. of Med., 1965 Sup. 143].
Candela. The base unit of luminous intensity which is the luminous
intensity, in the perpendicular direction, of a surface of 1/600 000
square metre of a blackbody at the temperature of freezing platinum
under a pressure of 101 325 newtons per square metre. [Sec. 4, BP 8].
Candidate. Pol. Law. A person who actually submits himself and is
voted for at our election. [Santos v. Miranda, 35 Phil. 643, 648 (1916)
citing State v. Hirsch, 125 Ind., 207; 9 L.R.A. 107; Moreno, Phil. Law
Dict., 1972 2nd Ed., p. 84)
Cannabis. Commonly known as Marijuana or Indian Hemp or by its
any other name. The term embraces every kind, class, genus, or specie
of the plant Cannabis sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and embraces
every kind, class and character of marijuana, whether dried or fresh
and flowering, flowering or fruiting tops, or any part or portion of the
plant and seeds thereof, and all its geographic varieties, whether as a
reefer, resin, extract, tincture or in any form whatsoever. [Sec 3, RA
9165].
Canon law. The law of the Christian Church. Has little or no legal effect
today. Canon law refers to that body of law which has been set by the
Christian Church and which, in virtually all places, is not binding upon

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citizens and has virtually no recognition in the judicial system.
[Duhaime's Legal Dict., 2004]. Also known as Ecclesiastical law.
Canopy or marquee. A permanent roofed structure above a door
attached to and supported by the building and projecting over a wall or
sidewalk. This includes any object or decoration attached thereto. [Sec.
1203, PD 1096].
Canvass, sealed. One wherein an offer is received by the authorized
official in a sealed envelope or the like. [IRR on Supply & Prop. Mgt.,
per Sec. 383, LGC].
Capability building. The process of enhancing the viability and
sustainability of micro finance institutions through activities that include
training in micro finance technologies, upgrading of accounting and
auditing systems, technical assistance for the installation or
improvement of management information systems, monitoring of loans
and other related activities. [Sec. 3, RA 8425].
Capacity. 1. Under the law, the ability of a person to take a recognized
legal action. Also, it is the natural power or competency to perform an
act, as capacity to contract, etc. [Torres, Oblig. & Cont., 2000 Ed., p.
348]. 2. A legal qualification (e.g., age) that determines if one is
capable, under the law, of entering into a legal relationship, for
instance, entering into a binding contract. [Tetley, Glossary of Conflict
of Laws, 2004]. 3. Having legal authority or mental ability. Being of
sound mind. [Glossary of Legal Terms (Pro-Se), 2004].
Capacity to act. The power to do acts with legal effect. [Art. 37, CC].
Compare with Juridical capacity.
Capacity to sue. See Legal capacity to sue.
Capacity to sue, lack of. A plaintiff's general disability to sue, such as
on account of minority, insanity, incompetence, lack of juridical
personality or any other general disqualifications of a party. [Columbia
Pictures v. CA, GR 110318. Aug. 28, 1996]. Compare with Personality
to sue, lack of.
Capataz. Sp. Supervisor of the hacienda. [Morenos Law Dict., 2000 Ed.,
p. 62].

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Capias ad satisfaciendum. Lat. That you take to satisfy. At common
law, the writ through which money judgments arising from actions for
the recovery of a debt or for damages from breach of a contract could
be enforced against the person or body of the debtor. By means of this
writ, a debtor could be seized and imprisoned at the instance of the
creditor until he makes the satisfaction awarded. [Lozano v. Martinez,
GR L-63419. Dec. 18, 1986].
Capital. Corp. Law. 1. A fund of property existing at an instant of time.
[Madrigal v. Rafferty, 38 Phil. 414, Aug. 7, 1918]. 2. It is used broadly
to indicate the entire property or assets of the corporation. It includes
the amount invested by the stockholders plus the undistributed
earnings less losses and expenses. In the strict sense, the term refers
to that portion of the net assets paid by the stockholders as
consideration for the shares issued to them which is utilized for the
prosecution of the business of the corporation. [De Leon, Corp. Code of
the Phil. Annotated, 1989 Ed., p. 54]. Compare with Capital stock and
Legal capital.
Capital assets. Property held by the taxpayer (whether or not
connected with his trade or business), but does not include stock in
trade of the taxpayer or other property of a kind which would properly
be included in the inventory of the taxpayer if on hand at the close of
the taxable year, or property held by the taxpayer primarily for sale to
customers in the ordinary course of his trade or business, or property
used in the trade or business, of a character which is subject to the
allowance for depreciation; or real property used in trade or business of
the taxpayer. [Sec. 39, NIRC, as amended].
Capital expenditures. See Capital outlays.
Capital gains. Increases in the value of capital or other long-term
investments. [Intl. Law Dict. & Direct., 2004].
Capital investment. The capital which a person employs in any
undertaking, or which he contributes to the capital of a partnership,
corporation, or any other juridical entity or association in a particular
taxing jurisdiction. [Sec. 131, RA 7160].
Capitalist. See Financier.

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Capitalist partner. The partner who contributes money or property to
the partnership. [Suarez, Intro. to Law, 1995, 3rd Ed., p. 120].
Compare with Industrial partner.
Capitalization. 1. Paid-up capital, in the case of a corporation, and total
invested capital, in the case of a partnership or single proprietorship.
[IRR, RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. 2. That which
represents the total amount of the various securities issued by a
corporation. It may include bonds, debentures, preferred and common
stock and surplus. [Luzon Polymers Corp. v. Clave, GR L-51009. June
10, 1992, citing Black's Law Dict., 5th Ed., p. 190].
Capital offense. An offense which, under the law existing at the time of
its commission, and at the time of the application to be admitted to
bail, may be punished with death. [Sec. 4, Rule 114, RoC].
Capital outlays. Also Capital expenditures. 1. An appropriation for
the purchase of goods and services, the benefits of which extend
beyond the fiscal year and which add to the assets of the Government,
including investments in the capital of government-owned or controlled
corporations and their subsidiaries. [Sec. 2, Chap. 1, Book VI, EO 292].
2. The purchase of goods and services of a life-expectancy extending
beyond the fiscal year and which add to the assets of the local
government concerned, except furniture and normal government
operations. [Sec. 14, PD 477].
Capital punishment. The most severe of all sentences: that of death.
[Duhaime's Legal Dict., 2004]. Also known as the Death penalty.
Capital stock. Corp. Law. The amount fixed in the articles of
incorporation to be subscribed and paid in or agreed to be paid in by
the shareholders of a corporation in money, property, services, or other
means, at the organization of the corporation or afterwards and upon
which it is to conduct its business, such contributions being made either
directly through stock subscription or indirectly through the declaration
of stock dividends. [De Leon, Corp. Code of the Phil. Annotated, 1989
Ed., p. 52]. Compare with Capital.
Capitation. A payment mechanism where a fixed rate, whether per
person, family, household or group, is negotiated with a health care
provider who shall be responsible in delivering or arranging for the

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delivery of health services required by the covered person under the
conditions of a health care provider contract. [Sec. 1, RA 9241].
Capitation or poll taxes. Taxes of a fixed amount upon all persons, or
upon all the persons of a certain class, resident within a specified
territory, without regard to their property or the occupations in which
they may be engaged. [Villanueva v. City of Iloilo, GR L-26521. Dec.
28, 1968, citing 51 Am. Jur. 66-67].
Capitulation. Intl. Law. The surrender of military troops, forts or
districts in accordance with the rules of military honor. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 144].
Captain-of-the-ship doctrine. The doctrine under which a surgeon is
likened to a captain of the ship in that it is duty to control everything
going on in the operating room. [Ramos v. CA, GR 124354, Apr. 11,
2002].
Caption. 1. The part of a pleading that sets forth the name of the court,
the title of the action, and the docket number if assigned. [Sec. 1, Rule
7, RoC]. 2. Heading or introductory party of a pleading. [Glossary of
Captive-breeding, culture or propagation. The process of producing
individuals under controlled conditions or with human interventions.
[Sec. 5, RA 9147].
Captive market. Electricity end-users who do not have the choice of a
supplier of electricity, as may be determined by the Energy Regulatory
Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136].
Cardiac tamponade. Mechanical compression of the heart by large
amounts of fluid or blood within the pericardial space that limits the
normal range of motion and function of the heart. [People v. Tena, GR
100909. Oct. 21, 1992, citing Webster's 3rd New Intl. Dict.].
Care. The proper use and maintenance of supplies or property; the act
of giving attention, interest and safety to supplies or property. [IRR on
Supply & Prop. Mgt., per Sec. 383, LGC].
Cargo. 1. The entire lading of the ship which carries it and includes all
goods, wares, merchandise, effects, and indeed everything of every

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kind or description, found on board, except such things as are used or
intended for use in connection with the management or direction of the
vessel, and are not intended for delivery at any port of call, and except
also, perhaps, passengers or immigrants and their baggage. [US v.
Steamship Rubi, GR 9235. Nov. 17, 1915]. 2. All goods, wares, and
merchandise aboard ship which do not form part of the ship's stores.
[US v. Steamship Islas Filipinas (28 Phil. 291), citing Sec. 77 of Act
355].
Cargo handling equipment. Any machinery, gear or equipment used
by the ship operator or a duly authorized and licensed port operator to
service or handle cargo, on board the vessel at the port or in the
terminal or container yard such as, but not limited to cranes, forklifts,
top lifts, stackers, tractor heads, containers, pallet boards and the like,
including all spare parts, replacement parts, appurtenances accessories,
articles, supplies and materials thereof. [Sec. 3, RA 9295].
Cargo sales agent. Any person who does not directly operate an
aircraft for the purpose of engaging in air transportation or air
commerce and not a bonafide employee of an air carrier, who, as
principal or agent, sells or offers for sale any air transportation of
cargo, or negotiates for, or holds himself out by solicitation,
advertisement, or otherwise as one who sells, provides, furnishes,
contracts or arranges for, such air transportation of cargo. [Sec. 1, PD
1462].
Carinderia. 1. Any public eating place where foods already cooked are
served at a price. [Sec. 1, PD 426]. 2. A modest cafeteria. [Dentech
Mfg. Corp. v. NLRC, GR 81477. Apr. 19, 1989].
Carnal knowledge. The act of a man having sexual bodily connections
with a woman; sexual intercourse. [People v. Alib, GR 100232. May 24,
Carnapping. The taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by means of
violence against or intimidation of persons, or by using force upon
things. [Sec. 2, RA 6539].
Carriage of Goods by Sea Act (COGSA). US Public Act 521 which was
made applicable to all contracts for the carriage of goods by sea to and

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from Philippine ports in foreign trade by CA 65, enacted on Oct. 22,
1936. [Sea-Land Service v. IAC, GR 75118. Aug. 31, 1987].
Carriage or transportation contract. A contract whereby a person,
natural or juridical, obligates to transport persons, goods, or both, from
one place to another, by land, air or water, for a price or compensation.
It is a relationship which is imbued with public interest. [Claridades, A.,
Carrier. Any sort or craft or other artificial contrivance used, capable of
being used as means of transportation in land, water or air. [Sec. 2, PD
1433].
Carrying capacity. The capacity of natural and human environments to
accommodate and absorb change without experiencing conditions of
instability and attendant degradation. [Sec. 3, RA 7942].
Carrying on business. (Pursuing) the occupation or employment as a
livelihood or source of profit and it must be a series of acts rather than
the doing of a single act pertaining to the particular business. [Morenos
Law Dict., 2000 Ed., p. 63].
Cartel. Intl. Law. 1. An agreement to regulate intercourse during war on
such matters as postal and telegraphic communication, the reception of
flags of truce, and the exchange of prisoners. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 142]. 2. A combination of independent business
firms organized to regulate the production, pricing and marketing of
goods by its members. [Intl. Law Dict. & Direct., 2004].
Cartelization. Any agreement, combination or concerted action by
refiners, importers and/or dealers, or their representatives, to fix prices,
restrict outputs or divide markets, either by products or by areas, or
allocate markets, either by products or by areas, in restraint of trade or
free competition, including any contractual stipulation which prescribes
pricing levels and profit margins. [Sec. 11, RA 8479].
Cartel ship. Intl. Law. A vessel sailing under a safe conduct for the
purpose of carrying prisoners of war. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 142].
Case. The claims of a litigant brought before the court for determination
by such regular proceedings as are established by law or custom for the

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protection or enforcement of rights, or the prevention, redress or
punishment of wrongs. [Morenos Law Dict., 2000 Ed., p. 63].
Case law. 1. The entire collection of published legal decisions of the
courts which, because of stare decisis, contributes a large part of the
legal rules which apply in modern society. The word jurisprudence has
become synonymous for case law. [Duhaime's Legal Dict., 2004]. 2.
Law established by previous decisions of appellate courts, particularly
the Supreme Court. [Glossary of Legal Terms (Pro-Se), 2004]. See
Stare decisis.
Casero. Sp. Housekeeper. [US v. Salaveria, GR 13678. Nov. 12, 1918].
Cases. General term for an action, cause, suit, or controversy, at law or
in equity; questions contested before a court of justice. [Glossary of
Cash. Money or its equivalent; usually ready money. Currency and coins,
negotiable checks, and balances in bank accounts. That which
circulates as money. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 112].
Cash dividend. That portion of profits and surplus paid to stockholders
by a corporation in the form of cash. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 113]. Compare with Stock dividend.
Cashiers check. A check drawn by the cashier of a bank, in the name
of the bank against the bank itself payable to the order of a third
person. [Diaz, Bus. Law Rev., 1991 Ed., p. 380].
Cash on delivery (COD). A transaction that requires the buyer to pay
for the merchandise in cash when it is delivered to him. [Torres, Oblig.
& Cont., 2000 Ed., p. 348].
Cash price. Also Delivered price. In case of trade transaction, it is the
amount of money which would constitute full payment upon delivery of
the property (except money) or service purchased at the creditor's
place of business. In the case of financial transactions, cash price
represents the amount received by the debtor upon consummation of
the credit transaction, net of finance charges collected at the time the
credit is extended, if any. [Art. 4, RA 7394].

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Cash sales invoice. An invoice issued in the ordinary course of business
transactions such as the purchase of goods from stores. The original of
the invoice constitutes in itself a receipt which is in the possession of
the buyer if the goods are paid for. If not paid for, the original of the
invoice is retained by the storeowner. [Morenos Law Dict., 2000 Ed., p.
64].
Cash-surrender value. The amount of money the company agrees to
pay the policyholder if he surrenders it and releases his claim upon it.
Ed., p. 183].
Casing head petroleum spirit. Any liquid hydrocarbon obtained from
natural gas by separation or by any chemical or physical process. [Sec.
3, PD 87].
Caso fortuito. Also Force majeure. Extraordinary events not
foreseeable or avoidable, events that could not be foreseen, or which,
though foreseen, are inevitable. It is, therefore, not enough that the
event should not have been foreseen or anticipated, as is commonly
believed, but it must be one impossible to foresee or to avoid. The
mere difficulty to foresee the happening is not impossibility to foresee
the same [Rep. v. Luzon Stevedoring Corp., 21 SCRA 279 (1967)].
Castigo. Sp. Manhandling. [People v. Padilla, GR 75508. June 10,
1994].
Casual condition. Civ. Law. 1. A condition which depends upon chance.
[Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A condition the fulfillment of
which depends exclusively upon chance and/or upon the will of a third
person. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p.
223].
Casual employees. Those employed for a short term duration to
perform work not related to the main line of the business of the
employer. [DOLE Policy Instructions No. 20, S. 1977)].
Casual employment. An employment where an employee is engaged
to work on an activity that is not usually necessary or desirable in the
usual business or trade of the employer. [Poquiz, Labor Rel. Law, 1999
Ed. p. 26]. See Regular employment.

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Casualty or accident insurance. Insurance covering loss or liability
arising from accident or mishap, excluding certain types of loss which
by law or custom are considered as falling exclusively within the scope
of other types of insurance such as fire or marine. [Sec. 174, IC].
Catadromous species. Freshwater fishes which migrate to marine
areas to spawn. [Sec. 4, RA 8550].
Cataract immature. 1. An opacity of the crystalline eye lens or of its
capsule. [Aguja v. GSIS, GR 84846. Aug. 5, 1991, citing Dorland,
Illustrated Med. Dict., 24th Ed., 1965]. 2. Any cataract in the beginning
stages, or one which affects only a part of the lens or its covering.
[Ibid., citing Maloy, Med. Dict. for Lawyers, 2nd Ed., 1951].
Catch ceilings. The annual catch limits allowed to be taken, gathered or
harvested from any fishing area in consideration of the need to prevent
overfishing and harmful depletion of breeding stocks of aquatic
organisms. [Sec. 4, RA 8550].
Cattle. Domesticated quadrupeds such as sheep, horses and swine, or to
bovine animals such as cows, bulls and steers. [People v. Nazareno, GR
L-40037. Apr. 30, 1976, citing Merriam-Webster's 3rd New Int. Dict.].
Cattle and dairy industry. The raising of cattle and the acquisition of
breeding and dairy animals, equipment, materials and machineries
directly connected with the industry, including the manufacture and
processing of meat and dairy products. [Sec. 2, RA 4095].
Cattle rustling. The taking away by any means, method or scheme,
without the consent of the owner/raiser, of any of the above-mentioned
animals whether or not for profit or gain, or whether committed with or
without violence against or intimidation of any person or force upon
things. It includes the killing of large cattle, or taking its meat or hide
without the consent of the owner/raiser. [Sec. 2, PD 533].
Causal fraud. Also Dolo causante. 1. Those deceptions or
misrepresentations of a serious character employed by one party and
without which the other party would not have entered into the contract.
[Art. 1338, CC]. 2. A deception employed by one party prior to or
simultaneous to the contract in order to secure the consent of the
other. [Samson v. CA, GR 108245. Nov. 25, 1994].

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Causa liberalitatis. Lat. Liberal, generous, or gratuitous cause or
consideration. [Morenos Law Dict., 2000 Ed., p. 65].
Causation. Lat. Causa: Reason. The act or agency that produces an
effect, result, or consequence. [Intl. Law Dict. & Direct., 2004].
Cause. 1. Civ. Law. The essential or more approximate reason for
entering into a contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 74]. 2.
Verb. To be the cause or occasion of; to effect as an agent; to bring
about; to bring into existence; to make to induce; to compel. [Pecho v.
Sandiganbayan, GR 111399. Nov. 14, 1994, citing Black's Law Dict., 5th
Ed., 200].
Cause of a contract. 1. The essential reason which moves the
contracting parties to enter into it [Tong Brothers Co v. IAC, GR 73918.
Dec. 21, 1987, citing 8 Manresa, 5th Ed., p. 450]. 2. The immediate,
direct and proximate reason which justifies the creation of an obligation
thru the will of the contracting parties. [Tong Brothers Co v. IAC, GR
73918. Dec. 21, 1987, citing 3 Castan, 4th Ed., p. 347).
Cause of action. Rem. Law. 1. The act or omission by which a party
violates a right of another. [Sec. 2, Rule 2, RoC]. 2. An act or omission
of one party in violation of the legal right or rights of another. [Dev.
Bank of Rizal v. Sima Wei, GR 85419. Mar. 9, 1993]. Compare with
Right of action.
Cause of action. Elements: (a) A right in favor of the plaintiff by
whatever means and under whatever law it arises or is created; (b) an
obligation on the part of the named defendant to respect or not to
violate such right; and (c) an act or omission on the part of such
defendant violative of the right of the plaintiff or constituting a breach
of the obligation of the defendant to the plaintiff [Baliwag Transit v.
Ople, 171 SCRA 250 (1989)].
Causing undue injury to the government. Elements: The elements
of Sec. 3 (e) of RA 3019 are as follows: (a) That the accused are public
officers or private persons charged in conspiracy with them; (b) that
said public officers commit the prohibited acts during the performance
of their official duties or in relation to their public positions; (c) that
they cause undue injury to any party, whether the Government or a

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private party; (d) that such injury is caused by giving unwarranted
benefits, advantage or preference to such parties; and (e) That the
public officers have acted with manifest partiality, evident bad faith or
gross inexcusable negligence. [Ponce de Leon v. Sandiganbayan, 186
SCRA 745 (1990)].
Cave. Any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a
cliff or ledge and which is large enough to permit an individual to enter,
whether or not the entrance, located either in private or public land, is
naturally formed or man made. It shall include any natural pit, sinkhole
or other feature which is an extension of the entrance. The term also
includes cave resources therein, but not any vug, mine tunnel,
aqueduct or other manmade excavation. [Sec. 3, RA 9072].
Caveat. Let him beware. 1. A formal warning. 2. A warning; a note of
caution. [Glossary of Legal Terms (Pro-Se), 2004].
Caveat emptor. 1. The rule (that) requires the purchaser to be aware
of the supposed title of the vendor and he who buys without checking
the vendor's title takes all the risks and losses consequent to such
failure. [Dacasin v. CA, GR L-32723. Oct. 28, 1977]. 2. Let the buyer
beware or that the buyers should examine and check for themselves
things which they intend to purchase and that they cannot later hold
the vendor responsible for the broken condition of the thing bought.
Cave resources. Any material or substance occurring naturally in caves,
such as animal life, plant life, including paleontological and
archaeological deposits, cultural artifacts or products of human
activities, sediments, minerals, speleogems and speleothems. [Sec. 3,
RA 9072].
CBA. See Collective Bargaining Agreement.
CBA registration. The filing of the collective bargaining agreement with
the Regional Office or the Bureau of Labor Relations accompanied by
verified proof of posting and ratification and payment of fee. [Sec. 1,
CDA. Cooperative Development Authority.

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Cease and desist order. An order of an administrative agency or court
prohibiting a person or business from continuing a particular course of
conduct. [Jurists Legal Dict., 2004].
Ceasefire. Intl. Law. An unconditional stoppage of hostilities by order of
an international body like the UN Security Council for the purpose of
employing peaceful means of settling the conflict. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 144, citing Salonga and Yap, 451-452].
Celebrity. See Public figure.
Cement manufacturing. The manufacture of cement obtained by firing
limestone naturally containing, or mixed artificially with, a suitable
proportion of clay, and by subsequent crushing of the clinker so
obtained (Portland Cement). [Sec. 2, RA 4095].
Censure. An official reprimand or condemnation of an attorney.
Center of excellence. A public or private college, institute, school or
agency, engaged in the pre-service and continuing education, formal
and non-formal, of teachers and top-notch educators, that has
established and continues to maintain a good record in teacher
education, research, and community service; whose graduates are
models of integrity, commitment and dedication in education. [Sec. 2,
RA 7784].
Center of gravity doctrine. Conf. of Laws. Choice of law problems are
resolved by the application of the law of the jurisdiction which has the
most significant relationship to or contact with event and parties to
litigation and the issue therein. [Agpalo, Conflict of Laws, p. 6]. Term is
used synonymously with the Most significant relationship theory.
Also known as Grouping of contacts.
Centers. Any of the treatment and rehabilitation centers for drug
dependents referred to in Sec.34, Art. VIII of RA 9165. [Sec 3, RA
9165].
Central Bank. See Bangko Sentral ng Pilipinas.
Central Bank Act, The New. RA 7653 enacted on June 14, 1993.

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Central counting center. A public place designated by the Commission
on Election where counting of ballots and canvassing shall be
conducted. [Sec. 2, RA 8046].
Cerebral concussion. Brain jarring resulting from head injury.
Cerebro-vascular accident (CVA). The breaking of a blood vessel
within or about the brain. [Schmidt's Atty.s' Dict. of Medicine, 1965, p.
160]. It is also known as cerebral or intracranial hemorrhage for which
the science of medicine gives several causes, among which are
hypertensive vascular diseases and arterial aneurysms which are
gradual processes that worsen over the years if left unchecked.
[Trinidad v. WCC, GR L-42507. Feb. 28, 1978, citing Cecil-Loeb,
Textbook of Medicine, 13th Ed., p. 209, 947].
Certain. Definitely settled so as not to be variable or fluctuating. Fixed.
Certificate of ancestral domain title. A title formally recognizing the
rights of possession and ownership of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) over their ancestral
domains identified and delineated in accordance with this law. [Sec. 4,
RA 8371].
Certificate of ancestral lands title. A title formally recognizing the
rights of Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs) over their ancestral lands. [Sec. 4, RA 8371].
Certificate of canvass of votes. A machine-generated document
containing the total votes in figures obtained by each candidate in a
city, municipality, district, or province, as the case may be. [Sec. 2, RA
8436].
Certificate of deposit. 1. An instrument in the form of a receipt given
by a banker for a certain sum of money. It is a written acknowledgment
by a bank of the receipt of money or deposit which the bank promises
to pay to the depositor, bearer, or order, or to some other person or
order. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988
Rev. Ed., p. 68]. 2. A promissory note issued by a bank in which the
bank promises to repay money it has received, plus interest, at a time
certain. [Intl. Law Dict. & Direct., 2004].

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Certificate of land transfer. The certificate (which) simply evidences
the government's recognition of the grantee as the party qualified to
avail of the statutory mechanisms for the acquisition of ownership of
the land tilled by him as provided under PD 27. It does not vest in the
farmer/grantee ownership of the land described therein. [Pagtalunan v.
Tamayo, GR 54281. Mar. 19, 1990].
Certificate of public convenience. 1. The license on authority issued
by the Maritime Industry Authority (MARINA) to a domestic ship
operator to engage in domestic shipping. [Sec. 3, RA 9295]. 2. An
authorization issued for the operation of public services for which no
franchise, either municipal or legislative, is required by law. [PAL v.
CAB, GR 119528. Mar. 26, 1997].
Certificate of public convenience and necessity. A certificate issued
to a public service for which a franchise is required by law. [PAL v. CAB,
GR 119528. Mar. 26, 1997].
Certificate of sale. A certificate setting forth the proceedings had at the
sale, a description of the property sold, the name of the purchaser, the
sale price, as well as the exact amount of the taxes and penalties due
and the costs of sale received by the purchaser at public auction of
delinquent property from the provincial or city treasurer, or his deputy.
[Sec. 76, PD 464].
Certificate of stock. A written acknowledgment by the corporation of
the interest, right, and participation of a person in the management,
profits, and assets of a corporation. It is a documentary evidence of the
holders ownership of shares and is a convenient instrument for the
transfer of title. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed.,
pp. 56-57].
Certificate of title, original or transfer (OCT or TCT). 1. The
transcript of the decree of registration made by the registrar of deeds
in the registry. [PNB v. Tan Ong Zse, GR 27991. Dec. 24, 1927]. 2.
Document issued by the [Register of Deeds] for real estate registered
under the Torrens System, which is considered conclusive evidence of
the present ownership and state of the title to the property described
therein. [Glossary of Legal Terms (Pro-Se), 2004].

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Certification. 1. Written attestation. 2. Authorized declaration verifying
that an instrument is a true and correct copy of the original. [Glossary
Certification against forum shopping. Civ. Proc. The certification
under oath by the plaintiff or principal party in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith: (a) that he has not
theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the
best of his knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement
of the present status thereof; and (c) if he should thereafter learn that
the same or similar action or claim has been filed or is pending, he shall
report that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed. [Sec. 5, Rule
7, RoC].
Certification election. Labor. The process of determining, through
secret ballot, the sole and exclusive bargaining agent of the employees
in an appropriate bargaining unit, for purposes of collective bargaining.
[Sec. 1, Rule 1, Book 5, IRR of LC]. Compare with Consent election.
Certification of check. A written agreement by which a bank promises
to pay the check at any time it is presented for payment. It may be
made on the check itself or on another instrument, identifying the bill
certified. [Morenos Law Dict., 2000 Ed., p. 68].
Certification proceeding. Labor. A mere investigation of a
non-adversary, fact-finding character, in which the investigating agency
plays the part of a disinterested investigator seeking merely to
ascertain the desires of the employees as to the matter of their
representation. [Manila Golf & Country Club, Inc. v. IAC, GR 64948.
Sep. 27, 1994].
Certified check. A check which bears upon its face an agreement by the
drawee bank that the check will be paid on presentation. The usual
practice is by stamping or writing the word certified upon the check.
[Diaz, Bus. Law Rev., 1991 Ed., p. 381].
Certified public accountant (CPA). A person, be it his/her individual
capacity, or as a staff member in an accounting or auditing firm,

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

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tribunal, board or officer has acted without or in excess of jurisdiction
or with grave abuse of discretion; and (c) that there is no appeal nor
any plain, speedy and adequate remedy in the ordinary course of law.
Certiorari, writ of. A writ the function of which is to keep an inferior
Court within the bounds of its jurisdiction or to prevent it from
committing such a grave abuse of discretion amounting to excess of
jurisdiction [Central Bank v. CA, GR 41859. 8 Mar. 1989, 171 SCRA 49].
Cessante ratione legis, cessat et ipsa lex. Lat. Where the reason of
the law ceases, the law itself ceases. [Lonaria v. De Guzman, GR
L-20940. Sep. 29, 1967].
Cession. From Lat. cessio from cessare: to yield. 1. Civ. Law. The
abandonment of all property of the debtor for the benefit of his
creditors in order that the latter may apply the proceeds thereof to the
satisfaction of their credit. [Torres, Oblig. & Cont., 2000 Ed., p. 120]. 2.
Intl. Law. The transfer of territory from one state to another by treaty.
Cession. Requisites: (a) There must be at least one debtor and two or
more creditors; (b) the debtor is in a state of insolvency, either partially
or totally, at the time of the cession or assignment; (c) the debtor is
required to deliver all his property to all his creditors; and that (d) the
creditors may sell the property and apply the proceeds to their credits
proportionately. [Torres, Oblig. & Cont., 2000 Ed., p. 120].
Cestui que trust. Lat. For the beneficiary of a trust. [Duhaime's Legal
Dict., 2004].
Cestui que use. Lat. For the donee of a trust. [Duhaime's Legal Dict.,
2004].
CFI. Court of First Instance.
Chain distribution plans or pyramid sales schemes. Sales devices
whereby a person, upon condition that he makes an investment, is
granted by the manufacturer of his representative a right to recruit for
profit one or more additional persons who will also be granted such
right to recruit upon condition of making similar investments. [Art. 4,
RA 7394].

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Chain saw. Any portable power saw or similar cutting implement,
rendered operative by an electric or internal combustion engine or
similar means, that may be used for, but is not limited to, the felling of
trees or the cutting of timber. [Sec. 3, RA 9175].
Chain saw dealer. A person, natural or juridical, engaged in the
manufacture, importation, distribution, purchase and/or sale of chain
saws. [Sec. 3, RA 9175].
Challenging to a duel. Crim. Law. The felony committed by any person
who shall challenge another, or incite another to give or accept a
challenge to a duel, or shall scoff at or decry another publicly for having
refused to accept a challenge to fight a duel. [Art. 261, RPC].
Chambers. A judge's private office. A hearing in chambers takes place in
the judge's office outside of the presence of the public. [Glossary of
Champertous agreement (or contract). Agreement whereby an
attorney agrees to pay expenses of proceedings to enforce the client's
rights. [Bautista v. Gonzales, AM 1625. Feb. 12, 1990, citing JBP
Holding Corp. v. US 166 F. Supp. 324 (1958)].
Champerty. 1. A bargain by a stranger with a party to a suit, by which
such third person undertakes to carry on the litigation at his own cost
and risk in consideration of receiving, if successful, a part of the
proceeds or subject sought to be recovered. [Morenos Law Dict., 2000
Ed., p. 70]. 2. The act of a person in agreeing to finance someone
else's lawsuit in exchange for a portion of the judicial award.
Change of name. A judicial proceeding in rem, requiring publication,
and may be ordered by the court if proper and reasonable cause exists
to justify it. [Bench Book for Trial Court Judges, p. 3-3].
Change of name. Grounds: (a) When the name is ridiculous,
dishonorable or extremely difficult to write or pronounce; (b) When the
change results as a legal consequence, as in legitimation; (c) When the
change will avoid confusion; (d) Having continuously used and been
known since childhood by a Filipino name, unaware of her alien
parentage; (e) A sincere desire to adopt a Filipino name to erase signs

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of former alienage, all in good faith and without prejudicing anybody;
and (f) When the surname causes embarrassment and there is no
showing that the desired change of name was for a fraudulent purpose
or that the change of name would prejudice public interest. [Rep. v.
CA, GR 97906. May 21, 1992].
Change of venue. Moving a lawsuit or criminal trial to another place for
trial. [Glossary of Legal Terms (Pro-Se), 2004].
Channel. See Natural bed.
Character. The possession by a person of certain qualities of mind and
morals, distinguishing him from others; it is the opinion generally
entertained of a person derived from the common report of the people
who are acquainted with him. [People v. Lee, GR 139070, May 5,
2002].
Characterization. Conf. of Laws. The process of deciding whether or
not the facts relate to the kind of question specified in a conflicts rule.
The purpose of characterization is to enable the court of the forum to
select the proper law. [Agpalo, Conflict of Laws, p. 18]. Also Doctrine
of qualification.
Charge - of - company - domination rule. Labor. Under settled
jurisprudence, the pendency of a formal charge of company domination
is a prejudicial question that, until decided, bars proceedings for a
certification election, the reason being that the votes of the members of
the dominated union would not be free. [United CMC Textile Workers
Union v. BLR, GR L-51337. Mar. 22, 1984].
Charges. 1. Pecuniary liability, as rents or fees against persons or
property. [Sec. 131, RA 7160]. 2. Those which are incurred, not on the
thing itself, but because of it. They include every prestation required of
the possessor by reason of the possession of the thing, whether it
constitutes a real right or not. All taxes or contributions in favor of the
government, whether on the capital or on the fruits, and interests on
mortgages, etc., are examples of such charges. [Tolentino, Civil Code
of the Phil., Vol. II, Repr. 2001, p. 291, citing 4 Manresa 282].
Charges daffaires. Fr. In charge of affairs. Those officially below the
rank of the ministers resident. They take over when the latter is absent.
In other words, they are temporarily in charge no matter what their

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

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leased or chartered during the duration of the contract. [RA 913]. 2. A
contract by which an entire ship, or some principal part thereof, is let
by the owner to another person for a specified time or use. [Planters
Products v. CA, GR 101503. Sep. 15, 1993, citing 70 Am Jur 2d, p.
580].
Charter vessel. A contract by which the owner or agent of the vessel
leases for a certain price the whole or a portion of the vessel for the
transport of goods or persons from one port to another. [Morenos Law
Dict., 2000 Ed., p. 72].
Chaste. Legal Med. 1. An unmarried woman who has had no carnal
knowledge with men or who never voluntarily had unlawful sexual
intercourse. It also denotes purity of mind and innocence of heart.
[Olarte, Legal Med., 1st Ed. (2004), p. 121]. 2. A person who has never
voluntarily had sexual intercourse outside of marriage such as
unmarried virgins. [Duhaime's Legal Dict., 2004]. Compare with Virgin.
Chastity. Legal Med. That virtue which prevents the unlawful intercourse
of the sexes. There is abstinence from unlawful sexual connection.
[Olarte, Legal Med., 1st Ed. (2004), p. 121]. Compare with Virginity.
Chattel. 1. Moveable items of property which are neither land nor
permanently attached to land or a building, either directly or vicariously
through attachment to real property. [Duhaime's Legal Dict., 2004]. 2.
An article of personal property. [Glossary of Legal Terms (Pro-Se),
2004].
Chattel mortgage. A mortgage where personal property is recorded in
the Chattel Mortgage Register as a security for the performance of an
obligation. [Art. 2140, CC]. Compare with Real estate mortgage.
Chattel Mortgage Law. Act 1508 enacted on July 2, 1906.
Check or cheque. 1. A bill of exchange drawn on a bank payable on
demand. [Sec. 185, NIL]. 2. A bill of exchange drawn on a bank
payable on demand. 3. A written order or request to a bank or persons
carrying on the business of banking, by a party having money in their
hands, desiring them to pay, on presentment, to a person therein
named or bearer, or to such person or order, a named sum of money.
[People v. Nitafan, GR 75954. Oct. 22, 1992, citing 2 Dan. Neg. Inst.
528; Blair v. Wilson, 28 Gratt. (Va.) 170; Deener v. Brown, 1 Mac Arth.

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(D.C.) 350; In re Brown, 2 Sto. 502, Fed. Cas. No. 1,985. See Chapman
v. White, 6 N. Y. 412, 57 Am. Dec. 464]. 4. A draft drawn upon a bank
and payable on demand, signed by the maker or drawer, containing an
unconditional promise to pay a sum certain in money to the order of
the payee. [People v. Nitafan, GR 75954. Oct. 22, 1992, citing State v.
Perrigoue, 81 Wash. 2d 640, 503 p. 2d 1063, 1066].
Check-off. A process or device whereby the employer, on agreement
with the union recognized as the proper bargaining representative, or
on prior authorization from its employees, deducts union dues or
agency fees from the latter's wages and remits them directly to the
union. [Holy Cross of Davao v. Joaquin, GR 110007. Oct. 18, 1996,
citing Pascual, C., Labor Rel. Law, at 173].
Chemical diversion. The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in
concentrated form, to any person or entity engaged in the manufacture
of any dangerous drug, and shall include packaging, repackaging,
labeling, re-labeling or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud. [Sec 3, RA 9165].
Chemical engineer. A person duly registered and a holder of a valid
Certificate of Registration and Professional Identification Card issued by
the Board of Chemical Engineering and the Professional Regulation
Commission (PRC). [Sec. 3, RA 9267].
Chemical engineering, practice of. The rendering of chemical
engineering service by a person who shall, for a fee, salary or other
reward or compensation, paid to him or through another person, or
even without such reward or compensation, render or offer to render
professional chemical engineering service in the form of consultation,
investigation, valuation, planning, designing or preparation of
specifications for or estimates of industrial plants; or undertake the
supervision of construction, erection, installation, alteration or operation
of industrial plants. [Sec. 12, RA 318].
Chemical name. The description of the chemical structure of the drug
or medicine and serves as the complete identification of a compound.
[Sec. 3, RA 6675].

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Chia. Chi. Grateful. [Jew Chong v. Rep., GR L-14343. May 23, 1961].
Chicot doctrine. The doctrine which advocates the imperative necessity
to take account of the actual existence of a statute prior to its
nullification, as an operative fact negating acceptance of a principle of
absolute retroactive invalidity. [Co v. CA, GR 100776. Oct. 28, 1993,
citing Chicot County Drainage Dist. v. Baxter States Bank, 308 US 371,
374 (1940)]. See Operative fact doctrine.
Chief of mission. The head of an embassy or other diplomatic missions
of the Philippines, or any person appointed by the President to such
position, whether serving in the home office or foreign service. [Sec. 5,
RA 7157].
Child. 1. A person below fifteen (15) years of age unless sooner
emancipated by law. [Sec. 3, RA 8043]. 2. A person below eighteen
(18) years of age or one who is over eighteen (18) but is unable to fully
take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability
or condition. [Sec. 3, RA 9208]. 3. Offspring of parentage; progeny.
Child abuse. The maltreatment, whether habitual or not, of the child.
[Sec. 3, RA 7610].
Child and Youth Welfare Code, The. PD 603 entitled The Child and
youth Welfare Code signed into law on Dec. 10, 1974.
Child-caring agency. A duly licensed and accredited agency by the
DSWD that provides twenty four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily committed children.
[Sec. 3, RA 8552].
Child-caring institution. 1. An institution that provides twenty-four
resident group care service for the physical, mental, social and spiritual
well-being of nine or more mentally gifted, dependent, abandoned,
neglected, handicapped or disturbed children, or youthful offenders. 2.
An institution, whose primary purpose is education, is deemed to be a
child-caring institution when nine or more of its pupils or wards in the
ordinary course of events do not return annually to the homes of their
parents or guardians for at least two months of summer vacation. [Art.
117, PD 603].

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Child-friendly programs. Programs not specifically designed for
viewing by children but which serve to further the positive development
of children and contain no elements that may result in physical, mental
and emotional harm to them. These include various formats and genre
that appeal to children and are made available for all ages from early
childhood to adolescence. [Sec. 3, RA 8370; Sec. 3, RA 7941].
Child legally available for adoption. A child who has been voluntarily
or involuntarily committed to the DSWD or to a duly licensed and
accredited child-placing or child-caring agency, freed of the parental
authority of his/her biological parent(s) or guardian or adopter(s) in
case of rescission of adoption. [Sec. 3, RA 8552].
Child-placing agency. 1. A duly licensed and accredited agency by the
DSWD to provide comprehensive child welfare services including, but
not limited to, receiving applications for adoption, evaluating the
prospective adoptive parents, and preparing the adoption home study.
[Sec. 3, RA 8552]. 2. An institution or person assuming the care,
custody, protection and maintenance of children for placement in any
child-caring institution or home or under the care and custody of any
person or persons for purposes of adoption, guardianship or foster
care. The relatives of such child or children within the sixth degree of
consanguinity or affinity are excluded from this definition. [Art. 117, PD
603].
Child prostitution and other sexual abuse. The exploitation of
children, whether male or female, in prostitution and other sexual
abuse, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct. [Sec. 5, RA 7610].
Children. 1. Those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under RA 7610. As
used in RA 9262, it includes the biological children of the victim and
other children under her care. [Sec. 3, RA 9262]. 2. All persons below
eighteen (18) years old. [Sec. 3, RA 8370]. 3. Persons below eighteen
(18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability
or condition. [Sec. 3, RA 7610].

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Children of a solo parent. Those living with and dependent upon the
solo parent for support who are unmarried, unemployed and not more
than eighteen (18) years of age, or even over eighteen (18) years but
are incapable of self-support because of mental and/or physical
defect/disability. [Sec. 3, RA 8972].
Children's television. Programs and other materials broadcast on
television that are specifically designed for viewing by children. [Sec. 3,
RA 8370].
Children's Television Act of 1997. RA 8370 enacted on Oct. 28, 1997.
Child-viewing hours. Hours which are considered to be appropriate for
children to watch television taking into account other activities which
are necessary or desirable for their balanced development. [Sec. 3, RA
8370; Sec. 3, RA 7941].
Child witness. Any person who at the time of giving testimony is below
eighteen (18) years. In child abuse cases, a child includes one over
eighteen (18) years but is found by the court as unable to fully take
care of himself or protect himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability
or condition. [Sec. 4 (a), AM 00-4-07-SC].
Ching suan. Chi. Mapili. [Arce Sons and Co. v. Selecta Biscuit Co., Inc.,
GR L-14761. Jan. 28, 1961].
Chirographs. Credits appearing in a public instrument or final judgment.
[PNB v. Veraguth, GR 26833. Apr. 1, 1927].
Chloride. A compound of chlorine with another element or radical.
[People v. Angeles, GR 92850. June 15, 1992, citing Webster's 3rd New
Intl. Dict. (1986), 1108].
Choice of jurisdiction. In conflict of laws, the principles and rules
applied by courts in order to determine the proper jurisdiction for
instituting legal proceedings. [Tetley, Glossary of Conflict of Laws,
2004].
Choice of law. In conflict of laws, the principles and rules applied by
courts in order to determine the law applicable to one or more of the
legal issues to be decided. [Tetley, Glossary of Conflict of Laws, 2004].

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Chose. A thing, an article of personal property. A chattel personal, and is
either in action or in possession. [Paras, Phil. Conflict of Laws, 8th Ed.
(1996), p. 329].
Chose in action. A right of property in intangible things or which are
not in one's possession, enforceable through legal or court action.
Examples may include salaries, debts, insurance claims, shares in
companies and pensions. [Duhaime's Legal Dict., 2004].
Chose in possession. A personal thing of which one has possession, as
distinguished from a thing in action. Taxes and customs, if unpaid, are
a chose in action. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329].
Christian name. A given name. [Morenos Law Dict., 2000 Ed., p. 74].
Chronic. Long-term or long-standing. A long and gradual development
of the ailment. [Sarmiento v. ECC, GR L-68648. Sep. 24, 1986].
Chronic hemoptysis. Pulmonary tuberculosis accompanied by blood
vomiting. [Morenos Law Dict., 2000 Ed., p. 74].
Chronic pyelonephritis. A slowly progressive infection of a renal pelvis
and prenchyma, frequently bilateral. Factors such as stones, strictures
and tumors cause obstruction to the flow of urine and predispose to
infection. [Chavez v. ECC, GR L-61931. Mar. 31, 1987].
Chronological. Arranged in the order in which events happened;
according to date. [Glossary of Legal Terms (Pro-Se), 2004].
Church. All places suited to regular religious worship. A place where
persons regularly assemble for worship. [Martelino v. Estrella, GR
L-15927. Apr. 29, 1963].
Cia. Abbrev. for Compania, as in Filipinas Cia. De Seguros. [Claridades,
Cigarette. Any roll or tubular construction, which contains tobacco or its
derivatives and is intended to be burned or heated under ordinary
conditions of use. [Sec. 4, RA 9211].

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Cigars. All rolls of tobacco or any substitutes thereof, wrapped in leaf
tobacco. [Sec. 137-A, PD 69].
Cipher. A method of secret writing that substitutes other letters or
characters for the letter intended or transposes the letter after
arranging them in blocks or squares. [Sec. 42, RA 5921].
Circumbalacion. Sp. The act of surrounding a place. It is a term that a
derived from the word "circuir," which means to surround, to
encompass, to encircle. The phrase "1001 brazas de circumbalacion"
can mean no other than that the perimeter or circumference of the
property has a total length of 1001 brazas. [Querubin v. Alconcel, GR
L-23050. Sep. 18, 1975].
Circumstances. Minor facts of related or accessory facts, occurrences or
things which stand around or closely precede or follow, or which
surround or accompany, or which depend upon or support or qualify a
principal act or event. [Morenos Law Dict., 2000 Ed., p. 74].
Circumstantial evidence. 1. The evidence of collateral facts or
circumstances from which an inference may be drawn as to the
probability or improbability of the facts in dispute. [People v. Liwag, GR
89112. Aug. 3, 1993, citing 5 Moran, p. 17, 1980 Ed.]. 2. Not only the
prior and coetaneous actuations of the accused in relation to the crime
but also his acts or conduct subsequent thereto can be considered as
circumstantial evidence of guilt. [US v. De Los Santos, 24 Phil. 329
(1913)]. 3. To warrant conviction in criminal cases upon circumstantial
evidence, such evidence must be more than one, derived from facts
duly proven, and the combination of all of them must be such as to
produce conviction beyond reasonable doubt [People v. Tiozon, 198
SCRA (1991)]. Compare with Direct evidence.
Circumstantial evidence sufficient to convict. Requirements: (a)
There are more than one circumstance, (b) the facts from which the
inferences are derived are proven, and (c) the combination of all the
circumstances is such as to produce a conviction beyond reasonable
doubt. [People v. Salangga, GR 100910. July 25, 1994].
Cirrhosis of the liver. Any diffuse fibrosis that destroys the normal
architecture of the liver. The most common type is Laennec's or
alcoholic cirrhosis which is the consequence of a specific type of

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malnutrition usually related to chronic alcoholism and/or faulty dietary
habits. [Garol v. ECC, GR L-55233. Nov. 29, 1988].
Citation. A writ or order issued by a court commanding the person
named therein to appear at the time and place named; also the written
reference to legal authorities, precedents, reported cases, etc., in briefs
or other legal documents. [Glossary of Legal Terms (Pro-Se), 2004].
Citizen. One who, by birth, naturalization or otherwise, is a member of
an independent political society, called a state, kingdom, or empire, and
as such is subject to its laws and entitled to its protection in all his
rights incident to that relation. [Suarez, Pol. Law Reviewer, 1st Ed.,
2002, p. 251].
Citizen's arrest. A warrantless arrest authorized under Sec. 5, Rule 113,
of the Rev. Rules on Crim. Proc. [People v. Rayray, GR 90628. Feb. 1,
1995].
Citizens by election. Citizens who by virtue of certain legal provisions,
become such by choosing (electing) Philippine citizenship at the age of
twenty one (21) or within a reasonable time thereafter. [Paras, Phil.
Conflict of Laws, 8th Ed. (1996), p. 105].
Citizenship. 1. Membership in a political society and implies a duty of
allegiance on the part of the member and a duty of protection on the
part of the society. These are reciprocal obligations, one being a
compensation for the other." [Laurel v. Misa, GR L-409. Jan. 30, 1947,
citing 3 Hackworth, Digest of Intl. Law, 1942 Ed., p. 6]. 2. It applies
only to certain members of the state accorded more privileges than the
rest of the people who owe it allegiance. Its significance is municipal
and not international. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 102].
Compare with Citizenship.
Citizens of the Philippines. The following are citizens of the
Philippines: (a) Those who are citizens of the Philippines at the time of
the adoption of this Constitution; (b) those whose fathers or mothers
are citizens of the Philippines; (c) those born before Jan. 17, 1973, of
Filipino mothers, who elect Philippine citizenship upon reaching the age
of majority; and (d) those who are naturalized in accordance with law.
[Art. IV, 1987 Phil. Constitution].

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Civic welfare training service (CWTS). Programs or activities
contributory to the general welfare and the betterment of life for the
members of the community or the enhancement of its facilities,
especially those devoted to improving health, education, environment,
entrepreneurship, safety, recreation and morals of the citizenry. [Sec.
3, RA 9163].
Civil. Relating to private rights and remedies sought by civil actions as
contrasted with criminal proceedings. [Glossary of Legal Terms
(Pro-Se), 2004].
Civil action. 1. An action brought to enforce or protect private rights.
[Glossary of Legal Terms (Pro-Se), 2004]. 2. An action by which a party
sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong. A civil action may either be ordinary
or special. Both are governed by the rules for ordinary civil actions,
subject to the specific rules prescribed for a special civil action. [Sec.
3(a), Rule 1, RoC].
Civil Aeronautics Act of the Philippines, The. RA 776 entitled An
Act to reorganize the Civil Aeronautics Board and the Civil Aeronautics
Administration, to provide for the regulation of civil aeronautics in the
Philippines and authorizing the appropriation of funds therefor enacted
on June 20, 1952.
Civil Aeronautics Board (CAB). The agency which has the power to
regulate the economic aspect of air transportation, and has the general
supervision and regulation of, and jurisdiction and control over, air
carriers as well as their property, property rights, equipment, facilities,
and franchise. [Sec. 10, RA 776, as amended].
Civil aircraft. Any aircraft other than a public aircraft. [Sec. 3, RA 776].
Civil Code. A collection of laws which regulates the private relations of
the members civil society, determining their respective rights and
obligations, with reference to persons, things and civil acts. [Jurado,
Civil Law Reviewer, 19th Ed. (1999), p. 1, citing 1 Tolentino, Civil Code,
p. 10].
Civil Code of the Philippines. RA 386 entitled An Act to ordain and
institute the Civil Code of the Philippines enacted on June 18, 1949
and took effect on Aug. 30, 1950.

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Civil conspiracy. The combination of two or more persons for purposes
of accomplishing by concerted action either lawful purpose by unlawful
means or unlawful purpose by lawful means. [Rep. v. Sandiganbayan,
GR 92594. Mar. 4, 1994, citing Black's Law Dict., 223, 5th Ed.)].
Civil contempt. The failure to do something ordered to be done by a
court in a civil action for the benefit of the opposing party therein and
is, therefore, an offense against the party in whose behalf the violated
order is made. [People v. Godoy, GR 115908-09. Mar. 29, 1995].
Compare with Criminal contempt.
Civil corporation. A corporation established for business or profit, i.e.,
with a view toward realizing gains to be distributed among its
members. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p.
39]. Compare with Eleemosynary corporation.
Civil engineering, practice of. The practice shall embrace services in
the form of consultation, design, preparation of plans, specifications,
estimates, erection, installation and supervision of the construction of
streets, bridges, highways, railroads, air-ports and hangars, port works,
canals, river and shore improvements, lighthouses, and dry docks;
buildings, fixed structures for irrigation, flood protection, drainage,
water supply and sewerage works; demolition of permanent structures;
and tunnels. The enumeration of any work shall not be construed as
excluding any other work requiring civil engineering knowledge and
application. [Sec. 2, RA 544].
Civil fruits. The rents of buildings, the price of leases of lands and other
property and the amount of perpetual or life annuities or other similar
income. [Art. 442, CC].
Civilian supremacy principle. Pol. Law. The doctrine that teaches the
supremacy of the sovereign Filipino people in line with the principle that
sovereignty resides in the people and all government authority
emanates from them, and this supremacy is at all times, supreme
over the military. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 60].
Civil interdiction. The deprivation of the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as
to the person or property of any ward, of marital authority, of the right

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to manage his property and of the right to dispose of such property by
any act or any conveyance inter vivos. [Art. 34, RPC].
Civil law. 1. Law inspired by old Roman Law, the primary feature of
which was that laws were written into a collection; codified, and not
determined, as is common law, by judges. The principle of civil law is to
provide all citizens with an accessible and written collection of the laws
which apply to them and which judges must follow. [Duhaime's Legal
Dict., 2004]. 2. Law based on a series of written codes or laws.
Civil month. Also Solar month. That which agrees with the Gregorian
calendar; and these months are known by the names of January,
February, March, etc. They are composed of unequal portions of time.
[Gutierrez v. Carpio, GR 31025. Aug. 15, 1929, citing Bouvier's Law
Dictionary].
Civil obligations. Obligations which give a right of action to compel
their performance. [Art. 1423, CC]. Compare with Natural
obligations.
Civil procedure. 1. Procedure that treats of the enforcement and
protection of rights in civil cases. [Suarez, Intro. to Law, 1995 3rd Ed.,
p. 204]. 2. The rules and process by which a civil case is tried and
appealed, including the preparations for trial, the rules of evidence and
trial conduct, and the procedure for pursuing appeals. [Glossary of
Civil register. 1. The various registry books and related certificates and
documents kept in the archives of the local civil registry offices,
Philippine Consulates and of the Office of the Civil Registrar General.
[Sec. 2, RA 9053]. 2. The official record of acts, events and judicial
decrees concerning the civil status of persons. [Art. 407, CC].
Civil registrar (of city or municipality). The head of the local civil
registry office of the city or municipality, as the case may be, who is
appointed as such by the city or municipal mayor in accordance with
the provisions of existing laws. [Sec. 2, RA 9048].
Civil registrar general. The Administrator of the National Statistics
Office (NSO) which is the agency mandated to carry out and administer
the provision of laws on civil registration. [Sec. 2, RA 9053].

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Civil registry. The public record where acts, events and judicial decrees
concerning the civil status of persons are entered. [Bench Book for Trial
Court Judges, p. 3-4].
Civil rights. Those (rights) that belong to every citizen of the state or
country, or, in a wider sense, to all its inhabitants, and are not
connected with the organization or administration of government. They
include the rights of property, marriage, equal protection of the laws,
freedom of contract, etc. Or, as otherwise defined, civil rights are rights
appertaining to a person by virtue of his citizenship in a state or
community. Such term may also refer, in its general sense, to rights
capable of being enforced or redressed in a civil action. [Simon v. CHR,
GR 100150. Jan. 5, 1994, citing Black's Law Dict., 6th Ed., 1324].
Civil Service Commission. The central personnel agency of the
[Philippine] Government. [Sec. 3, Art IX (b), 1987 Phil. Constitution].
Civil Service Decree of the Philippines. PD 807 entitled Providing
for the organization of the Civil Service Commission in accordance with
provisions of the Constitution, prescribing its powers and functions and
for other purposes signed into law on Oct. 6, 1975.
Civil society. Non-government organizations (NGOs) and people's
organizations (POs). [Sec 4, RA 9275].
Civil war. A war between opposing groups within the same state. [Intl.
Claim. 1. Right to payment, whether or not such right is reduced to
judgment, liquidated, unliquidated, fixed, contingent, matured,
unmatured, disputed, undisputed, legal, equitable, secured, or
unsecured; or right to an equitable remedy for breach of performance if
such breach gives rise to a right to payment, whether or not such right
to an equitable remedy is reduced to judgment, fixed, contingent,
matured, unmatured, disputed, undisputed, secured, unsecured.
[Black's Law Legal Dict., p. 224, 5th Ed.]. 2. A debt owing by a debtor
to another person or business. In probate parlance, the term used for
debts of the decedent and a procedure that must be followed by a
creditor to obtain payment from his estate. [Glossary of Legal Terms
(Pro-Se), 2004].

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Claim owner. 1. A holder of an existing mining right. [Sec. 3, RA 7076].
A holder of valid and subsisting mining claim(s). [Sec. 12, PD 1150].
Claim preclusion. See Preclusion of claims.
Claim to ownership. The documents serving as bases of awarding
Torrens Title, Transfer Certificate Title, Copy of Tax Declaration or Copy
of Real Estate Tax Receipt. [Memo. from the Exec. Sec. dated Aug. 20,
1998].
Clandestine. Something that is purposely kept from the view or
knowledge of others either in violation of the law or to conduct or
conceal some illegal purpose. A clandestine marriage would be one
which does not comply with laws related to publicity. [Duhaime's Legal
Dict., 2004].
Clandestine laboratory. Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.
[Sec 3, RA 9165].
Clarificatory judgment. A judgment rendered by the court, upon
motion, when a judgment previously rendered is ambiguous and
difficult to comply with. [Claridades, A., Compilation of Notes,
2001-2006].
Class. Civil Service Law. All positions in the government service that are
sufficiently similar as to duties and responsibilities and require similar
qualifications that can be given the same title and salary and for all
administrative and compensation purposes, be treated alike. [Sec. 3,
PD 807].
Class "A" containers. 20, 35, 40 footer-containers as per International
Shipping Organization (ISO). [Sec. 1, PPA Admin. Order 08-79].
Class "B" containers. Containers owned by the shipping lines, the
measurement/sizes of which do not fall under the ISO standard. [Sec.
1, PPA Admin. Order 08-79].
Classification. 1. The grouping of persons or things similar to each
other in certain particulars and different from each other in these same
particulars. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR
78742. July 14, 1989]. 2. The act of arranging positions according to

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broad occupational groupings and determining differences of classes
within each group. [Sec. 3, PD 985].
Classification. Requirements for validity: (a) It must be based on
substantial distinctions; (b) it must be germane to the purposes of the
law; (c) it must not be limited to existing conditions only; and (d) it
must apply equally to all the members of the class. [Assoc. of Small
Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989].
Class of position. Admin. Law. The basic unit of the Position
Classification System. A class consists of all those positions in the
system which are sufficiently similar as to (a) kind or subject matter of
work; (b) level of difficulty and responsibility; and (c) the qualification
requirements of the work, to warrant similar treatment in personnel
and pay administration. [Sec. 3, PD 985].
Class or representative suit. When the subject matter of the
controversy is one of common or general interest to many persons, and
the parties are so numerous that it is impracticable to bring them all
before the court, one or more may sue or defend for the benefit of all.
But in such case the court shall make sure that the parties actually
before it are sufficiently numerous and representative so that all
interests concerned are fully protected. Any party in interest shall have
a right to intervene in protection of his individual interest. [Sec. 12,
Rule 3, RoC].
Classroom shortage. The number of classrooms whose construction, in
considering the number of students divided by the existing number of
classrooms, shall result in a student-classroom ratio of 45:1; classrooms
shall mean those exclusively used for instructional purposes and shall
exclude offices, libraries, laboratories, workshops and the like. [Sec. 3,
RA 7880].
Class specification or standards. A written description of a class of
position(s). It distinguishes the duties, responsibilities and qualification
requirements of positions in a given class from those of other classes in
the Position Classification System. [Sec. 3, PD 985].
Class suit. Requisites: (a) The subject matter of the controversy is one
of common or general interest to many persons; and (b) the parties are
so numerous that it is impracticable to bring them all before the court.

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[Mathay v. Consolidated Bank, 58 SCRA 559, 570 (1974); Oposa v.
Factoran, 224 SCRA 792, 802 (1993)].
Claused bill of lading. A bill of lading indicating that some discrepancy
exists between the goods loaded and the goods listed on the bill. [Intl.
Clean bill of exchange. Nego. Inst. One to which are not attached
documents of tile to be delivered to the person against whom the bill is
drawn when he either accepts or pays the bill. [Diaz, Bus. Law Rev.,
1991 Ed., p. 365].
Clean bill of lading. A bill of lading indicating that the goods have been
properly loaded on board the carrier's ship. [Intl. Law Dict. & Direct.,
2004].
Cleaner production. The application of an integrated, preventive
environmental strategy to processes, products, services to increase
efficiency and reduce risk to humans and the environment. [Sec 4, RA
9275].
Clean hands. 1. A maxim of the law to the effect that any person,
individual or corporate, that wishes to ask or petition a court for judicial
action, must be in a position free of fraud or other unfair conduct.
[Duhaime's Legal Dict., 2004]. 2. An established and familiar principle
that he who comes to the courts must come with clean hands.
[Silagan v. IAC, GR 68743. May 8, 1991].
Clean slate doctrine. Intl. Law. Doctrine that a new state coming into
existence through decolonization is under no obligation to succeed to
the treaties of its former colonial power. [Intl. Law Dict. & Direct.,
2004].
Clean-up operations. 1. Activities involving the removal of pollutants
discharged or spilled into a water body and its surrounding areas, and
the restoration of the affected areas to their former physical, chemical
and biological state or conditions. [Sec 4, RA 9275]. 2. Activities
conducted in removing the pollutants discharged or spilled in water to
restore it to pre-spill condition. [Sec. 62, PD 1152].
Clear and convincing proof or evidence. 1. Proof (or evidence) that
is more than mere preponderance, but not to extent of such certainty

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as is required beyond reasonable doubt as in criminal cases. [Manalo v.
Roldan-Confesor, GR 102358. Nov. 19, 1992, citing Black's Law Dict.,
5th Ed., p. 227]. 2. Standard of proof (or evidence) commonly used in
civil lawsuits and in regulatory agency cases. It governs the amount of
proof that must be offered in order for the plaintiff to win the case.
Clear and present danger rule. The libertarian test which was
originally espoused by Justice Holmes in Schenck v. US where he ruled
that "the question in every case is whether the words used are used in
such circumstances and are of such nature as to create and present
danger that they will bring about the substantive evils that the State
has a right to prevent. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995].
Compare with Dangerous tendency doctrine and Balancing test.
Clearing agency. Any person who acts as intermediary in making
deliveries upon payment effect settlement in securities transactions.
[Sec. 3, RA 8799].
Clearing check. A banking process to determine the existence of
sufficiency of funds against which a check is drawn, and the crediting of
the account of the bank sending said check for clearing, including the
verification of the other defects that will render the check stale or not
payable. [Morenos Law Dict., 2000 Ed., p. 77].
Clemency. Also Executive clemency. Act of grace or mercy by the
President to ease the consequences of a criminal act, accusation, or
conviction. [Glossary of Legal Terms (Pro-Se), 2004].
Clerical errors. 1. Mistakes by the clerk in copying or writing, the
making of wrong entries in the public records contrary to existing facts.
[Lim v. Rep.. GR L-8932, May 13, 1937]. 2. Those mistakes that are
clerical in nature or changes that are harmless and innocuous, such as
the correction of a misspelled name or occupation of the parents.
[Ansaldo v. Rep., 102 Phil. 1046]. 3. Those that are visible to the eyes
or obvious to the understanding, or errors made by a clerk or
transcriber, a mistake in copying or writing. [Black v. Rep., 104 Phil.
848]. Compare with Substantial errors.
Clerical or typographical error. 1. A mistake committed in the
performance of clerical work in writing, copying, transcribing or typing
an entry in the civil register that is harmless and innocuous, such as

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misspelled name or misspelled place of birth or the like, which is visible
to the eyes or obvious to the understanding, and can be corrected or
changed only by reference to other existing record or records. [Sec. 2,
RA 9053]. 2. An error made in copying or writing. [Yu v. Rep., GR
L-20752. Nov. 25, 1967, citing Black's Law Dict.].
Clerk of court. 1. An essential officer in any judicial system. His office is
the hub of activities, both adjudicative and administrative. The clerk of
court keeps the records and seal, issues processes, enters judgments
and orders, and gives, upon request, certified copies form the records.
[Lloveras v. Sanchez, AM P-93-817. Jan. 18, 1994]. 2. Administrator or
chief clerical officer of the court. [Glossary of Legal Terms (Pro-Se),
2004].
Client. One who engages the ser-vices of a lawyer for legal advice or for
purposes of prosecuting or defending a suit in his behalf and usually for
a fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 5].
Clinic. A place in which patients avail of medical consultations or
treatments on an out-patient basis. However, any clinic or dispensary
where there is at least six beds or cribs or bassinets installed for
twenty-four-hour use by patients shall be construed to fall within the
definition of a hospital as described in RA 4226. [Sec. 2, RA 4226].
Close corporation. A corporation whose articles of incorporation
provide that: (a) all the corporation's issued stock of all classes,
exclusive of treasury shares, shall be held of record by not more than a
specified number of persons, not exceeding twenty (20); (b) all the
issued stock of all classes shall be subject to one or more specified
restrictions on transfer permitted by Title XII of the Corporation Code;
and (c) the corporation shall not list in any stock exchange or make any
public offering of any of its stock of any class. Notwithstanding the
foregoing, a corporation shall not be deemed a close corporation when
at least two-thirds (2/3) of its voting stock or voting rights is owned or
controlled by another corporation which is not a close corporation
within the meaning of the Corporation Code. [Sec. 96, Corp. Code].
Compare with Open corporation.
Closed-end company. Any investment company other than an
open-end company. [Sec. 5, RA 2629]. See Open-end company.

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Closed season. 1. The period during which the taking of specified
fishery species by a specified fishing gear is prohibited in a specified
area or areas in Philip-pine waters. [Sec. 4, RA 8550]. 2. The period
during which fishing is prohibited in a specified area or areas in
Philippine waters, or to the period during which the catching or
gathering of specified species of fish or fishery/aquatic products or the
use of specified fishing gears to catch or gather fish or fishery/aquatic
product is prohibited. [Sec. 3, PD 704].
Closed shop. Labor. An enterprise in which, by agreement between the
employer and his employees or their representatives, no person may be
employed in any or certain agreed departments of the enterprise unless
he or she is, becomes, and for the duration of the agreement, remains
a member in good standing of a union entirely comprised of or of which
the employee in interest are a part. [Findlay Millar Timber Co. v. Phil.
Land-Air-Sea Labor Union, GR L-18217 & L-18222. Sep. 29, 1962].
Closely held corporation. Any corporation at least fifty percent (50%)
in value of the outstanding capital stock or at least fifty percent (50%)
of the total combined voting power of all classes of stock entitled to
vote is owned directly or indirectly by or for not more than twenty (20)
individuals. [Sec. 127, NIRC as amended].
Close of election proceedings. As used in Secs. 3 and 4 of the
Implementing Rules of the Labor Code, the phrase refers to that period
from the closing of the polls to the counting and tabulation of the
votes. [Phil. Fruits and Vegetable Ind., Inc. v. Torres, GR 92391. July 3,
1992].
Closing argument. The closing statement, by counsel, to the trier of
facts after all parties have concluded their presentation of evidence.
Closing out sale. A consumer sale wherein the seller uses the
announcement to create the impression that he is willing to give large
discounts or merchandise in order to reduce, dispose or close out his
inventory and business. [Art. 4, RA 7394].
Clothier. One who makes or sells cloths or clothing; especially, one who
sells ready-made clothing. [Hashim v. Posadas, GR 24402. Feb. 19,
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Cloud on title. An outstanding instrument, record, claim, encumbrance
or proceeding which is actually invalid or inoperative, but which may
nevertheless impair or affect injuriously the title to property. [Tolentino,
Civil Code of the Phil., Vol. II, Repr. 2001, p. 150, citing Phelps v.
Harris, 101 US 370].
Cluster housing. A single-family attached dwelling containing three or
more separate living units grouped closely together to form relatively
compact structures. [Sec. 3, BP 220].
Cluster of schools. A group of schools which are geographically
contiguous and brought together to improve the learning outcomes.
[Sec. 4, RA 9155].
COA. See Commission on Audit.
Coaccion. Sp. Unlawful coercion. [US v. Mena, GR 4812. Oct. 30, 1908].
Coalition. An aggrupation of duly registered national, regional, sectoral
parties or organizations for political and/or election purposes. [Sec. 3,
RA 7941].
Coal. A black or brownish-black solid combustible rock formed by the
accumulation, decomposition and compaction of plant materials under a
long acting geological process. [Sec. 1.2, IRR, EO 354 dated 5 July
1996].
Coal Development Act of 1976, The. PD 972 entitled Promulgating
an Act to promote an accelerated exploration, development,
exploitation, production and utilization of coal signed into law on July
28, 1976.
Coal-fired power plant. An electricity-generating plant which utilizes
coal (whether locally produced or imported) as fuel. [Sec. 1.2, IRR, EO
354 dated 5 July 1996].
Coal mine operator. Any person or instrumentality (whether natural or
juridical) who is engaged in coal production and/or operation of
coal-mining facility. [Sec. 1.2, IRR, EO 354 dated 5 July 1996].
Coastal area or zone. A band of dry land and adjacent ocean space
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directly affect oceanic processes and uses, and vice versa; its
geographic extent may include areas within a landmark limit of one (1)
kilometer from the shoreline at high tide to include mangrove swamps,
brackish water ponds, nipa swamps, estuarine rivers, sandy beaches
and other areas within a seaward limit of 200 meters isobath to include
coral reefs, algal flats, sea grass beds and other soft-bottom areas.
[Sec. 4, RA 8550].
Coast Guard Law. RA 5173 entitled An Act creating a Philippine Coast
Guard, prescribing its powers and functions, appropriating the
necessary funds therefor, and for other purposes enacted on Aug. 4,
1967, as amended by PD 601 signed into law on Dec. 9, 1974.
Coast police. An easement imposed, under Arts. 8 to 10 of the Spanish
Law of Waters of 1886, upon estates adjacent to the sea or its shores
consisting in the obligation of leaving a clear way not to exceed six
meters in breadth and marked off by the government within the
terrestrial coast zone. [Morenos Law Dict., 2000 Ed., p. 79].
Coast sea. The maritime zone encircling the coasts, to the full width
recognized by international law. The States provides for and regulates
the police supervision and uses of this zone, as well as the right of
refuge and immunity therein, in accordance with law and international
treaties. [Amada v. Dir. of Lands, GR 6866. Aug. 31, 1912].
Coastwise or interisland shipping service. A water transport service
which is not considered as a continuation of the highway when the two
terminals are separated by an open sea. [San Pablo v. Pantranco South
Express, Inc.. GR L-61461 & 61501. Aug. 21, 1987]. Compare with
Ferryboat service.
Cockfighting. The commonly known game or term: cockfighting derby,
pintakasi or tupada, or its equivalent terms in different Philippine
localities. [Sec. 4, PD 449].
Cockfighting Law of 1974. PD 449 signed into law on May 9, 1974.
Cockpit. A pit or ring for cockfighting. [US v. Estapia, GR L-12891. Oct.
19, 1917, citing Websters, Funk & Wagnalls, and the 20th Century
Dict.].
COD. See Cash on delivery.

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Coddler. See Protector.
Code. A system of words or other symbols arbitrarily used to represent
words. [Sec. 42, RA 5921].
Code of Commerce. The Spanish Code of Commerce of 1885 with
some adaptations made by the Comision de Codificacion de las
Provincias de Ultramar, extended to the Philippines by the Royal
Decree dated Aug. 6, 1888, and became effective on Dec. 1, 1888.
[Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev.
Ed., p. 1].
Code of Conduct and Ethical Standards for Public Officials and
Employees. RA 6713 entitled An Act establishing a code of conduct
and ethical standards for public officials and employees, to uphold the
time-honored principle of public office being a public trust, granting
incentives and rewards for exemplary service, enumerating prohibited
acts and transactions and providing penalties for violations thereof and
for other purposes enacted on Feb. 20, 1989.
Code of Muslim Personal Laws of the Philippines. PD 1083 entitled
A Decree to ordain and promulgate a code recognizing the system of
Filipino Muslim laws, codifying Muslim personal laws, and providing for
its administration and for other purposes signed into law on Feb. 4,
1977.
Code of Professional Responsibility. The rules of conduct that
govern the legal profession. [Claridades, A., Compilation of Notes,
2001-2006].
Code on Sanitation of the Philippines. PD 856 enacted on Dec. 23,
1975.
Codicil. 1. A supplement or addition to a will, made after the execution
of a will and annexed to be taken as a part thereof, by which
disposition made in the original will is explained, added to, or altered.
[Art. 825, CC]. 2. An amendment to an existing will. It does not mean
that the will is totally changed; just to the extent of the codicil.

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Coercion. Exertion of physical violence or moral pressure upon a person
in a manner that is determined and constant until the lawful purpose is
realized. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., pp. 687].
Coercions (compulsory purchase of merchandise). Crim. Law. The
felony committed by any person, agent or officer, of any association or
corporation who shall force or compel, directly or indirectly, or shall
knowingly permit any laborer or employee employed by him or by such
firm or corporation to be forced or compelled, to purchase merchandise
or commodities of any kind. [Art. 288, RPC].
Coercions (payment of wages by means of tokens). Crim. Law.
The felony committed by any person who shall pay the wages due a
laborer or employee employed by him, by means of tokens or objects
other than the legal tender currency of the laborer or employee. [Art.
288, RPC].
Co-generation facility. A facility which produces electrical and/or
mechanical energy and forms of useful thermal energy such as heat or
steam which are used for industrial commercial heating or cooling
purposes through the sequential use of energy. [Sec. 4, RA 9136].
Cogitationis poenam nemo meretur. Lat. No man deserves
punishment for his thoughts. [Salonga v. Pao, GR L-59524. Feb. 18,
1985].
Cognition test. Crim. Law Complete deprivation of intelligence in
committing the (criminal) act. Compare with Volition.
Cognition theory. Under this theory, acceptance is considered to
effectively bind the offeror only from the time it came to his knowledge.
[Suggested Answer for the 1997 Bar, UPLC, (2002), p. 55]. Compare
with Manifestation theory.
Cognovit judgment. Confession of judgment by the debtor. Written
authority of the debtor and his direction for the entry of judgment
against him in the event he shall default in payment. Such provision in
a debt instrument or agreement permits the creditor or his attorney on
default to appear in court and confers judgment against the debtor.
[Blacks Law Dict., Abr. 5th Ed. (1983), p. 135; 43 Phil. 444].

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Cognovit note. An extraordinary note which authorizes an attorney to
confess judgment against the person or persons signing it. It is a
written authority of a debtor and a direction by him for the entry of
judgment against him if the obligation set forth in the note is not paid
when due. Such judgment may be taken by any person holding the
note which cuts off every defense which the maker of the note may
otherwise have and it likewise cuts of all rights of appeal from any
judgment taken on it. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 135;
43 Phil. 444].
COGSA. See Carriage of Goods by Sea Act.
Cohabit. To dwell or live together as husband and wife; to live together
as husband and wife although not legally married; to live together in
the same house, claiming to be married; to live together at bed and
board. [People v. Pitoc, GR 18513. Sep. 18, 1922, citing Corpus Juris,
vol. 11, p. 950].
Cohabitation. The term implies living together and having repeated sex.
[Bitangcor v. Tan, Adm. Case 528-SBC. Feb. 25, 1982].
Coin. A piece of round metal, which may sometimes be square or any
shape either of gold, silver, nickel or copper representing definite
intrinsic or exchange value, issued by the government authority to be
used as money, and usually bearing on one side, commonly called the
obverse, an allegory, sign, shield, effigy, design, etc., containing the
inscription or legend including all letters and numerals of the coin.
[Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 442, citing II Feria
and Gregorio].
Co-insurance. The percentage in the value of the insured property
which the insured himself assumes or undertakes to act as insurer to
the extent of the deficiency in the insurance of the insured property. In
case of loss or damage, the insurer will be liable only for such
proportion of the loss or damage as the amount of insurance bears to
the designated percentage of the full value of the property insured.
with Reinsurance.
Coitus. 1. Sexual intercourse. [People v. Tan, GR 89316. July 12, 1990].
2. Copulation. [People v. Padan, GR L-7295. June 28, 1957].

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Co-lessee. One who jointly with another enters into a contract of lease
with the lessor and who binds himself to perform the obligations of
such lessee. [Morenos Law Dict., 2000 Ed., p. 78].
Collaboration. The acts of working together in a joint project.
[Kilosbayan v. Guingona, GR 113375. May 5, 1994].
Collate. To arrange in order; verify arrangement of pages before binding
or fastening; put together. [Glossary of Legal Terms (Pro-Se), 2004].
Collateral. Property which has been committed to guarantee a loan.
Collateral agreement. Evid. A contract made prior to or
contemporaneous with another agreement. [Claridades, A., Compilation
of Notes, 2001-2006].
Collateral attack. One that is made when, in another action to obtain a
different relief, an attack on the judgment is made as an incident in
said action. This is proper only when the judgment, on its face, is null
and void, as where it is patent that the court which rendered said
judgment has no jurisdiction. [Macabingkil v. PHHC, 72 SCRA 326
(1976)]. Compare with Direct attack against a judgment.
Collateral attack of corporate existence. One whereby corporate
existence is questioned in some incidental proceeding not provided by
law for the express purpose of attacking the corporate existence. [De
Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 152].
Collateral descendant. A descendant that is not direct, such as a niece
or a cousin. [Duhaime's Legal Dict., 2004].
Collateral estoppel. See Conclusiveness of Judgment.
Collateral facts. Facts that are outside the controversy, or are not
directly connected with the principal matter or issue in dispute, as
indicated in the pleadings of the parties. [Francisco, Evidence, Vol. VII,
Part 1, 1997 Ed., p. 61].
Collateral fraud. See Extrinsic fraud.

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Collateral-free arrangement. A financial arrangement wherein a loan
is contracted by the debtor without the conventional loan security of a
real estate or chattel mortgage in favor of the creditor. In lieu of these
conventional securities, alternative arrangements to secure the loans
and ensure repayment are offered and accepted. [Sec. 3, RA 8425].
Collateral line. That constituted by the series of degrees among
persons who are not ascendants and descendants, but who come from
a common ancestor. [Art. 964, CC]. Compare with Direct line.
Collateral trust bond. Corp. Law. Bond secured by a lien on securities
deposited with a trustee constituting collateral. [Diaz, Bus. Law Rev.,
1991 Ed., p. 269].
Collation. Succ. 1. The act of bringing into the mass of the estate any
property or right which a compulsory heir, who succeeds with other
compulsory heirs, may have received from the decedent, during the
lifetime of the latter, by way of donation, or any other gratuitous title,
in order that it may be computed in the determination of the legitime of
each heir, and in the account of the partition. [Art. 1061, CC]. 2. The
fictitious mathematical process of adding the value of the thing donated
to the net value of the hereditary estate. [Claridades, A., Compilation of
Notes, 2001-2006].
Collecting agency. Any person other than a practicing Attorney-at-Law
engaged in the business of collecting or suing debts or liabilities placed
in his hands, for said collection or suit, by subscribers or customers
applying and paying therefor. [Sec. 1, PD 426]. See Mercantile
agency.
Collection expense. An expense incurred to collect an obligation. It is
in the nature of actual damages and therefore must be duly proved.
Collection or collecting. The act of gathering or harvesting wildlife, its
by-products or derivatives. [Sec. 5, RA 9147].
Collective bargaining. Labor. It denotes, in common usage as well as
in legal terminology, negotiations looking toward a collective
agreement. [Pampanga Bus Co. v. Pambusco Employees' Union, 68
Phil. 541].

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Collective bargaining agreement (CBA). Labor. 1. The negotiated
contract between a legitimate labor organization and the employer
concerning wages, hours of work and all other terms and conditions of
employment in a bargaining unit, including mandatory provisions for
grievances and arbitration machineries. [Sec. 1, Rule 1, Book 5, IRR of
LC]. 2. A contract executed upon request of either the employer or the
exclusive bargaining representative incorporating the agreement
reached after negotiations with respect to wages, hours of work and all
other terms and conditions of employment, including proposals for
adjusting any grievances or questions arising under such agreement.
[Davao Integrated Port Stevedoring Services v. Abarquez, GR 102132.
Mar. 19, 1993].
Collective bargaining agreement, gross violations of. Labor.
Flagrant and/or malicious refusal to comply with the economic
provisions of the Collective Bargaining Agreement (CBA), which act is
considered as an unfair labor practice cognizable by the labor arbiter.
[Poquiz, Labor Rel. Law, 1999 Ed. p. 22].
Collective bargaining unit. Labor. A group of employees of a given
employer, comprised of all or less than all of the entire body of
employees, which the collective interests of all the employees,
consistent with equity to the employer, indicate to be best suited to
serve reciprocal rights and duties of the parties under the collective
bargaining provisions of the law. [Belyca Corp. v. Ferrer-Calleja, GR
L-77395. Nov. 29, 1988, citing Rothenberg in Labor Rel., p. 482].
Collective mark. 1. Any visible sign designated as such in the
application for registration and capable of distinguishing the origin or
any other common characteristic, including the quality of goods or
services of different enterprises which use the sign under the control of
the registered owner of the collective mark. [Sec. 40, RA 166]. 2. A
mark or symbol used by a group to identify itself to its members. [Intl.
Collective work. A work which has been created by two (2) or more
natural persons at the initiative and under the direction of another with
the understanding that it will be disclosed by the latter under his own
name and that contributing natural persons will not be identified. [Art.
171, RA 8293].

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Collector. Any person or institution who acquires cultural properties and
National cultural treasures for purposes other than sale. [Sec. 3, RA
4846].
Collector or agent (cabo, cobrador, coriador or variants thereof).
Any person who collects, solicits or produces bets in behalf of his/her
principal for any illegal numbers game who is usually in possession of
gambling paraphernalia. [Sec. 2, RA 9287].
Collide. To come into violent contact; strike violently against each other.
Collusion. A secret agreement between two or more persons, who seem
to have conflicting interests, to abuse the law or the legal system,
deceive a court or to defraud a third party. [Duhaime's Legal Dict.,
2004].
Collusive action. From Lat. cullosio: a secret understanding. A suit
where the parties are not at odds but where they cooperate to obtain a
judgment. [Intl. Law Dict. & Direct., 2004].
Colorable imitation. 1. Close or ingenious imitation as to be calculated
to deceive ordinary persons, or such a resemblance to the original as to
deceive an ordinary purchaser giving such attention as a purchaser
usually gives, and to cause him to purchase the one supposing it to be
the other. [Etepha v. Dir. of Patents, GR L-20635. Mar. 31, 1966, citing
87 CJS, p. 287]. 2. Such similarity in form, content, words, sound,
meaning, special arrangement, or general appearance of the trademark
or trade-name with that of the other mark or trade name in their
over-all presentation or in their essential, substantive and distinctive
parts as would likely mislead or confuse persons in the ordinary course
of purchasing the genuine article. [Emerald Garment v. CA, GR 100098.
Dec. 29, 1995, citing Ruben Agpalo, Trademark Law & Practice in the
Phil., 1990, p. 41].
Colorable title. That title which a person has when he acquired the
thing in good faith from whom he believes to be the owner. [Morenos
Law Dict., 2000 Ed., p. 81].
Combatants. Those who engage directly or indirectly in the hostilities.

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Combination in restraint of trade. An agreement or under-standing
between two or more persons, in the form of a contract, trust, pool,
holding company, or other form of association, for the purpose of
unduly restricting competition, monopolizing trade and commerce in a
certain commodity, controlling its production, distribution and price, or
otherwise interfering with freedom of trade without statutory authority.
[Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, citing Black's Law
Dict., 6th Ed., p. 266]. Compare with Monopoly.
Combustible, flammable or inflammable. Descriptive of materials
that are easily set on fire. [Sec. 3, PD 1185].
Combustible fiber. Any readily ignitable and free burning fiber such as
cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw,
spanish moss, excelsior and other similar materials commonly used in
commerce. [Sec. 3, PD 1185].
Combustible liquid. Any liquid having a flash point at or above 37.8c
(100f). [Sec. 3, PD 1185].
Comelec. See Commission on Elections.
Coming to court with unclean hands. See Unclean or dirty hands.
Comity. From Lat. comitas: courteousness; or comitas gentium: the
courteousness of nations. 1. The practice or courtesy existing between
countries whereby the laws and institutions of each are recognized and
respected. Comity is to be distinguished from international law, because
international law is a binding obligation and comity is not. [Intl. Law
Dict. & Direct., 2004]. 2. The doctrine requiring courts of one state to
recognize the laws and judgments of competent courts of another
state, in order to secure the reciprocal recognition by that foreign state
of the laws and the judgments of the first state. [Tetley, Glossary of
Commencement of action. Rem. Law. 1. A civil action is commenced
by the filing of the original complaint in court. If an additional
defendant is impleaded in a later pleading, the action is commenced
with regard to him on the date of the filing of such later pleading,
irrespective of whether the motion for its admission, if necessary, is
denied by the court. [Sec. 5, Rule 1, RoC]. 2. An action properly
commenced by the filing of the complaint and the payment of all

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requisite docket and other fees. [Davao Light & Power Co., Inc. v. CA,
GR 93262. Nov. 29, 1991].
Commerce. 1. That branch of human activity, the purpose of which is to
bring products to the consumer by means of exchanges or operations
which tend to supply and extend to him, habitually, with intent to gain
at the proper time and place and in good quality and quantity [Miravite,
Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 1, citing 1
Blanco 36]. 2. The sale, lease, exchange, traffic or distribution of
goods, commodities, productions, services or property, tangible or
intangible. [Art. 4, RA 7394].
Commercial. Viewed with regard for profit. Designed for profit.
Commercial arbitration. An arbitration that covers matter arising from
all relationships of a commercial nature, whether contractual or not.
[Sec. 3, RA 9285].
Commercial bank. A business firm that maintains custody of money
deposited by its customers and pays on drafts written by its customers.
It earns its profits by investing the money it has on deposit. [Intl. Law
Dict. & Direct., 2004].
Commercial blood bank. A blood bank that exists for profit. [Sec. 3
(c), RA 7719].
Commercial broker. The term includes all persons other than
importers, manufacturers, producers or bona fide employees, who, far
compensation or profit, sell or bring about sales or purchases of
merchandise for other persons, or bring proposed buyers and sellers
together, or negotiate freight or other business for owners of vessels,
or other means of transportation, or for the shippers, or consignors or
consignees of freight carried by vessels or other means of
transportation. The term includes commission merchant. [Ker & Co.
Ltd. v. Lingad, GR L-20871. Apr. 30, 1971, citing Sec. 194 (t), NIRC].
Commercial contract. The agreement between two or more
merchants, and at times between those who are not, whereby they
bind themselves to give or to do something in commercial transactions.
Ed., p. 45].

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Commercial document. Any instrument executed in accordance with
the Code of Commerce or any mercantile law containing disposition of
commercial rights or obligations. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed., p. 450].
Commercial establishments. Department stores, supermarkets,
shopping malls, office buildings, hotels, theaters, stadiums,
condominiums, convention centers, restaurant and the like, used for
business or profit. [Sec. 2, RA 7920].
Commercial fishing. 1. The taking of fishery species by passive or
active gear for trade, business & profit beyond subsistence or sports
fishing, to be further classified as: (a) Small scale commercial fishing
fishing with passive or active gear utilizing fishing vessels of 3.1 gross
tons (GT) up to twenty (20) GT; (b) Medium scale commercial fishing
fishing utilizing active gears and vessels of 20.1 GT up to one
hundred fifty (150) GT; and 3. Large commercial fishing fishing
utilizing active gears and vessels of more than one hundred fifty (150)
GT. [Sec. 4, RA 8550]. 2. Fishing for commercial purposes in waters
more than seven fathoms deep with the use of fishing boats more than
three gross tons. [Sec. 3, PD 704; Sec. 3, PD 43].
Commercial land. Land devoted principally to commercial purposes,
and generally for the object of profit. [Sec. 3, PD 464].
Commercial law. 1. That branch of private law which regulates the
juridical relations arising from commercial acts. [Miravite, Bar Review
Materials in Comm. Law, 12th Ed., (2002), p. 1]. 2. The whole body of
substantive jurisprudence applicable to the rights, intercourse and
relations of persons engaged in commerce, trade, or mercantile
pursuits.
Commercial letter of credit. An instrument by which a bank, for the
account of a buyer of merchandise, gives formal evidence to a seller, of
its willingness to permit the seller, to draw bills against it, and
stipulates in legal form that all such bills will be honored. [Claridades,
Commercial logging. The cutting, felling or destruction of trees from
old growth and residual forests for the purpose of selling or otherwise
disposing of the cut or felled logs for profit. [Sec. 3, RA 7611].

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Commercial papers. 1. Instruments evidencing indebtedness of any
person or entity which are issued, endorsed, sold or transferred or in
any manner conveyed to another person or entity, with or without
recourse. [Perez v. CA, GR L-56101. Feb. 20, 1984, citing The Money
Market Industry Today: A Question of Survival by Horacio T. Lava,
Jr., PNB Quarterly, A Supplement of the Philnabank News, 2nd Qtr.
1978]. 2. An alternative name for a negotiable instrument. [Intl. Law
Commercial registry. 1. A book where entries are made of merchants
and of documents affecting their commercial transactions. 2. An office
established for the purpose of copying and recording verbatim certain
classes of documents of commercial nature. [Claridades, A.,
Commercial sand and gravel permit. The permit granted by the
provincial governor to any qualified person to extract and remove sand
and gravel or other loose or unconsolidated materials which are used in
their natural state, without undergoing process-sing from an area of not
more than five hectares (5 has.) and in such quantities as may be
specified in the permit. [Sec. 46, RA 7942].
Commercial scale. A scheme of producing a minimum harvest per
hectare per year of milkfish or other species including those raised in
pens, cages, and tanks. [Sec. 4, RA 8550].
Commercial scale fishpond production. Production of fish in fully
developed fishpond of not less than 500 kilograms of production per
hectare per year. [Sec. 3, PD 43].
Commission. Crim. Law. Doing or preparation; the performance of an
act. [Torres v. Gonzales, GR 76872. July 23, 1987, citing Groves v.
State, 116 Ga. 516].
Commission. 1. Rem. Law. An instrument issued by a court of justice,
or other competent tribunal, to authorize a person to take depositions,
or do any other act by authority of such court or tribunal. [Dasmarias
Garments v. Reyes, GR 108229. Aug. 24, 1993, citing Feria, J., Civil
Proc., 1969 ed., p. 415]. 2. Admin. Law. A body composed of several
persons acting under lawful authority to perform some public service.
[Louisville Mun. Housing Commission v. Public Housing Admin., 261

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Southwestern Reporter, 2nd, p. 286]. 3. A board or committee of
officials appointed and empowered to perform certain acts or exercise
certain jurisdiction of a public nature or service. [GMCR v. Bell Telecom,
GR 126496. Apr. 30, 1997, citing Blacks Law Dict., p. 246). 4. A
percentage or allowance made to a factor or agent for transacting
business for another [Moreno's Phil. Law Dict., 3rd Ed., p. 852, citing
People v. Sua Bok, 1 OG 689].
Commission agent. An agent who is authorized to buy or sell for the
principal personal property and for which purpose said personal
property is placed in his possession. [Diaz, Bus. Law Rev., 1991 Ed., p.
165]. See Factor.
Commissioner. A person to whom a case pending in court is referred,
for him to take testimony, hear the parties and report thereon to the
court, and upon whose report, if confirmed, judgment is rendered.
[Claridades, A., Compilation of Notes, 2001-2006]. Also called Referee.
Commission of another crime during service of penalty imposed
for another offense. The commission by any person of a felony after
having been convicted by final judgment, before beginning to serve
such sentence, or while serving the same. [Art. 160, RPC].
Commission on Appointments. The body created under Sec. 18, Art.
VI of the 1987 Constitution which acts on all appointments submitted to
it (by the Executive Department) within thirty session days of the
Congress from their submission. It consists of the President of the
Senate, as ex officio Chairman, twelve Senators, and twelve Members
of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties or organizations
registered under the party-list system represented therein.
Commission on Audit (COA). It is not an executive agency (but) is
one of the three (3) independent constitutional commissions. It is
vested with the power and authority, and charged with the duty, to
examine, audit and settle all accounts pertaining to the expenditures or
uses of funds owned by or pertaining to, the Government or any of its
subdivisions, agencies, or instrumentalities. [Comm. of Int. Rev. v.
COA, GR 101976. Jan. 29, 1993, citing Art. IX [D], Sec. 2 [1], 1987
Const.].

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Commission on Elections. An independent constitutional body created
by a 1940 amendment to the 1935 Constitution. Since then, its
membership was enlarged and its powers expanded by the 1973 and
1987 Constitutions. The Commission exercises not only administrative
and quasi-judicial powers, but judicial power as well. [Comelec
website].
Commission on the Filipino Language Act. RA 7104 entitled An Act
creating the Commission on the Filipino Language, prescribing its
powers, duties and functions, and for other purposes enacted on Aug.
14, 1991.
Commit. To send a person to prison, asylum, or reformatory by a court
order. [Glossary of Legal Terms (Pro-Se), 2004].
Commitment or surrender of a child. The legal act of entrusting a
child to the care of the DSWD or any duly licensed child placement
agency or individual. [Art. 141, PD 603].
Commixtion. The mixture of things, solid or liquid, belonging to
different owners, the mixture of liquids being more specifically called
Confusion. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
99].
Commodatum. A contract of loan whereby one of the parties delivers to
another, either something not consumable so that the latter may use
the same for a certain time and return it. [Art. 1933, CC]. Compare with
Simple loan.
Commodity futures contract. An agreement to buy or sell a specified
quantity and grade of a commodity at a future date at a price
established at the floor of the exchange. [Onapal Phils. Commodities,
Inc. v. CA, GR 90707. Feb. 1, 1993.]
Commodity treatment. Any form of treatment applied to plants, plant
products, and other materials capable of harboring plant pests, for the
purpose of destroying or eliminating any infection/infestation caused by
plant pests. [Sec. 2, PD 1433].
Commodum ex injuria sua nemo habere debet. Lat. No one ought
to be a gainer by his own wrong. [Ramos v. Central Bank, GR L-29352.
Jan. 21, 1986].

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Common areas and facilities. Portions of the condominium property
not included in the units. [GOAL, Inc. v. CA, GR 118822. July 28, 1997].
Compare with Unit.
Common carriers. Also Public carriers. 1. Persons, corporations,
firms or associations engaged in the business of carrying or
transporting passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public. [Art. 1732, CC]. 2.
Any transportation facility which publicly undertakes to transport
persons or property for a stated price and without restriction. [Torres,
Oblig. & Cont., 2000 Ed., p. 348]. Compare with Private carrier.
Common knowledge. Things of which courts take judicial notice,
(which) may be matters coming to the knowledge of men generally in
the course of the ordinary experiences of life, or may be matters which
are generally accepted by mankind as true and are capable of ready
and unquestioned demonstration. [State Prosecutors v. Muro, AM
RTJ-92-876. Sep. 19, 1994].
Common law. 1. Judge-made law. Law which exists and applies to a
group on the basis of historical legal precedents developed over
hundreds of years. Because it is not written by elected politicians but,
rather, by judges, it is also referred to as unwritten law. [Duhaime's
Legal Dict., 2004]. 2. Law established by subject matter heard in earlier
cases. [Jurists Legal Dict., 2004]. Also Case law.
Common open markets. Also Palengke. (Markets) with dry and wet
sections, foodstalls, fruit and vegetable sections, etc., where the
retailers or market stall operators are lessees who pay fixed rents for
the use of market space. [Cruz v. CA, GR L-44178. Aug. 21, 1987].
Common reputation. Reputation existing previous to the controversy,
respecting facts of public or general interest more than thirty years old,
or respecting marriage or moral character, which may be given in
evidence. Monuments and inscriptions in public places may be received
as evidence of common reputation. [Sec. 41, Rule 130, RoC].
Common share. 1. A share which entitles the holder thereof to an equal
pro rata division of the profits, if there are any, and in its assets upon
dissolution, without any preference or advantage in that respect over
other stockholder or class of stockholders but equally with all

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stockholders except preferred stockholders. [De Leon, Corp. Code of
the Phil. Annotated, 1989 Ed., p. 61]. 2. The basic share in a company.
Typically, common shares have voting rights and a pro rata right to any
dividends declared. They differ from preferred which, by definition,
carry some kind of right or privilege above the common shares (e.g.,
first to receive any dividends). [Duhaime's Legal Dict., 2004]. Compare
with Preferred share.
Commonwealth Acts. Statutes enacted during the Commonwealth
period from 1936 to 1946. [Suarez, Stat. Con., (1993), p. 42].
Communal claims. Claims on land, resources and rights thereon,
belonging to the whole community within a defined territory. [Sec. 4,
RA 8371].
Communal irrigation system (CIS). An irrigation system that is
managed by a bona fide Irrigators Association. [Sec. 4, RA 8435].
Communicate. In contracts of adhesion, like an insurance contract, to
serve notice in writing or to correspond and effectively communicate
with the assured. [Morenos Law Dict., 2000 Ed., p. 84].
Communication. The act of sharing or imparting, as in a conversation.
The process by which meanings or thoughts are shared between
individuals through a common system of symbols (as language signs or
gestures). [Ramirez v. CA. GR 93833. Sep. 28, 1995, citing Webster's
3rd New Intl. Dict., p. 460 (1976)].
Communication to the public. The making of a work available to the
public by wire or wireless means in such a way that members of the
public may access these works from a place and time individually
chosen by them. [Art. 171, RA 8293].
Communication to the public of a performance or a sound
recording. The transmission to the public, by any medium, otherwise
than by broadcasting, of sounds of a performance or the
representations of sounds fixed in a sound recording. [Sec. 202, RA
8293].
Community facilities. Facilities or structures intended to serve
common needs and for the benefit of the community, such as:

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neighborhood, multi-purpose center, health center, drugstore, school,
livelihood center, etc. [Sec. 3, BP 220].
Community property. It shall consist of all the property owned by the
spouses at the time of the celebration of the marriage or acquired
thereafter. [Art. 91, FC].
Community property. Exceptions: (a) Property acquired during the
marriage by gratuitous title by either spouse, and the fruits as well as
the income thereof, if any, unless it is expressly provided by the donor,
testator or grantor that they shall form part of the community property;
(b) property for personal and exclusive use of either spouse. However,
jewelry shall form part of the community property; (c) property
acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income,
if any, of such property. [Art. 92, FC].
Commutation of leave credits, More commonly known as Terminal
leave. Commutation applied for by an officer or employee who retires,
resigns or is separated from the service through no fault of his own.
[Borromeo v. CSC, GR 96032. July 31, 1991, citing Manual on Leave
Admin. Course for Effectiveness, CSC, pp. 16-17).
Commutation of salary. Commutation applied for by an employee
during employment when he goes on ordinary leave. [Borromeo v. CSC,
GR 96032. July 31, 1991].
Commutation of sentence. 1. The change in the sentence of the court
made by the President which consists in reducing the penalty imposed
upon the offender. Such substitutes the original penalty. [Gregorio,
Fund. of Crim. Law Rev., 1997 9th Ed., p. 323]. 2. The reduction of
penalty imposed. Its object is the rehabilitation of the criminal offender.
[Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 3. The reduction of a
sentence, as from death to life imprisonment. [Glossary of Legal Terms
(Pro-Se), 2004].
Company. 1. A corporation, a registered partnership, or an association
lawfully transacting business in the Philippines. [Sec. 3, RA 2629]. 2. A
legal entity, allowed by legislation, which permits a group of people, as
shareholders, to create an organization, which can then focus on
pursuing set objectives, and empowered with legal rights which are
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property, hire employees or loan and borrow money. [Duhaime's Legal
Dict., 2004]. Also known as a Corporation.
Company goodwill. The product of a corporate entitys reputation in
the business community brought about by the investment and efforts of
its stockholders and officers. [Morenos Law Dict., 2000 Ed., pp. 85-85].
See also Business goodwill and Goodwill.
Company union. Any labor organization whose formation, function or
administration has been assisted by any act defined as unfair labor
practice by the Labor Code. [Art. 212, LC].
Comparative fault. A rule in maritime law where each vessel involved
in a collision is required to pay a share of the total damages in
proportion to its percentage of fault. See also Proportionate fault.
Comparative negligence. 1. A principle of tort law which looks at the
negligence of the victim and which may lead to either a reduction of
the award against the defendant, proportionate to the contribution of
the victim's negligence, or which may even prevent an award
altogether if the victim's negligence, when compared with the
defendant, is equal to or greater in terms or contributing to the
situation which caused the injury or damage. [Duhaime's Legal Dict.,
2004]. 2. The rule under which negligence is measured by percentage,
and damages are diminished in proportion to the amount of negligence
attributable to the person seeking recovery. [Glossary of Legal Terms
(Pro-Se), 2004].
Compendious substitution. The substitution of one person for two or
more heirs. [Art. 860, CC].
Compensable disease. Any illness accepted and listed by the
Employees' Compensation Com-mission (ECC) or any illness caused by
the employment subject to proof by the employee that the risk of
contracting the same was increased by the working conditions.
[Rodriguez v. ECC, GR 46454. Sep. 28, 1989].
Compensable illness. It may be: a) any illness definitely accepted as
an occupational disease listed by the Employees Compensation
Commission, or b) any illness caused by employment, subject to proof
that the risk of contracting the same is increased by working conditions.
[Sierra v. GSIS, GR 50954. Feb. 8, 1989, citing PD 626].

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Compensable injury. Any harmful change in the human organism from
any accident arising out of and in the course of the employment.
[Honoguin v. ECC, GR 84307. Apr. 17, 1989, citing Art. 167 (k), LC].
Compensable sickness. Any illness definitely accepted as an
occupational disease. Any illness caused by employment subject to
proof by the employee that the risk of contracting the same is
increased by working conditions. [Morenos Law Dict., 2000 Ed., p. 85].
Compensable taking. There is compensable taking when the following
conditions concur: (a) the expropriator must enter a private property;
(b) the entry must be for more than a momentary period; (c) the entry
must be under warrant or color of legal authority; (d) the property
must be devoted to public use or otherwise informally appropriated or
injuriously affected; and (e) the utilization of the property for public use
must be in such a way as to oust the owner and deprive him of
beneficial enjoyment of the property. [Assoc. of Small Landowners in
the Phil. v. Sec. of Agrarian Reform, GR 78742. July 14, 1989].
Compensatio morae. Lat. Delay committed by both parties in
reciprocal obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 6].
Compensation. 1. Labor. The basic pay or salary received by an
employee, pursuant to his employment or appointment, excluding per
diems, bonuses, overtime pay, and allowances. [Sec. 2, PD 1146]. 2.
Civ. Law. It takes place when two persons, in their own right, are
creditors and debtors of each other. [Art. 1278, CC].
Compensation. Civ. Law. It takes place when two persons, in their own
right, are creditors and debtors of each other. [Art. 1278, CC].
Compensation. Civ. Law. Kinds: (a) Total when both obligations are of
the same amount and are entirely extinguished; (b) partial when the
two obligations are of different amounts and the two obligations will be
extinguished only as to the concurrent amounts; (c) legal when it takes
place by operation of law even without the knowledge of the parties;
(d) voluntary when it takes place by agreement of the parties; and (e)
judicial when it takes place by order of court in a litigation. [Diaz, Bus.
Law Rev., 1991 Ed., p. 52].

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Compensation. Civ. Law. Requisites: In order that compensation may
be proper, it is necessary (a) that each one of the obligors be bound
principally, and that he be at the same time a principal creditor of the
other; (b) that both debts consist in a sum of money, or if the things
due are consumable, they be of the same kind, and also of the same
quality if the latter has been stated; (c) that the two debts be due; (d)
that they be liquidated and demandable; (e) that over neither of them
there be any retention or controversy, commenced by third persons
and communicated in due time to the debtor. [Art. 1279, CC].
Compensation and Position Classification Act of 1989. RA 6758
entitled An Act prescribing a revised compensation and position
classification system in the government and for other purposes
enacted on Aug. 21, 1989. Also known as Salary Standardization
Act.
Compensation or pay system. A system for determining rates of pay
for positions and employees based on equitable principles to be applied
uniformly to similar cases. It consists, among others, of the Salary and
Wage Schedules for all positions, and the rules and regulations for its
administration. [Sec. 3, PD 985].
Compensatory damages. A definite sum of money awarded to the
plaintiff by a court as fair and just recompense for injury sustained to a
person, property or even reputation. [Torres, Oblig. & Cont., 2000 Ed.,
p. 347]. 2. Money to be paid for the cost of the injury suffered. [Intl.
Law Dict. & Direct., 2004]. See Actual damages.
Compensatory interest. Interest as damages for delay in payment
(from date of demand to date of payment). [Reins. Co. of the Orient,
Inc. v. CA, GR L-61250. June 3, 1991]. Compare with Monetary
interest.
Competency. A witness's ability to observe, recall and recount under
other what happened. Criminal defendants must also be competent to
stand trial; they must understand the nature of the proceedings and
have the ability to assist their lawyers. [Jurists Legal Dict., 2004].
Competent evidence. Evidence not excluded by law in a particular
case. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 6].

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

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Complete. Having all needed parts, elements or details. Thoroughly
wrought out or finished. [Morenos Law Dict., 2000 Ed., p. 86].
Complete appointment. Admin. Law. Appointment (which) becomes
complete when the last act required of the appointing power is
performed. [Lira v. CSC, GR L-62133. Sep. 30, 1986].
Completeness of service. Personal service is complete upon actual
delivery. Service by ordinary mail is complete upon the expiration of ten
(10) days after mailing, unless the court otherwise provides. Service by
registered mail is complete upon actual receipt by the addressee, or
after five (5) days from the date he received the first notice of the
postmaster, whichever date is earlier. [Sec. 10, Rule 13, RoC].
Completeness test. The test to determine whether or not there is a
valid delegation of legislative power under which the law must be
complete in all its terms and conditions when it leaves the legislature
such that when it reaches the delegate the only thing he will have to do
is enforce it. [Eastern Shipping Lines, Inc. v. POEA, GR L-76633. Oct.
18, 1988]. Compare with Sufficient standard test.
Complex crime. The crime that results (a) when a single act constitutes
two or more grave or less grave felonies, or (b) when an offense is a
necessary means for committing the other. [People v. Carandang, GR
L-31012. Aug. 15, 1973, citing Art. 48, RPC].
Complex crime proper. Also Delito complejo. An offense which is a
necessary means for committing the other. [Gregorio, Fund. of Crim.
Law Rev., 1997 9th Ed., p. 235, citing People v. Pineda, GR L-26222.
July 21, 1967]. Compare with Compound crime.
Complex penalty. A penalty prescribed by law composed of three
distinct penalties each forming a period, the lightest of which shall be
the minimum, the next shall be the medium, and the most severe, the
maximum. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 284].
Complex subdivision plan. A subdivision plan of a registered land
wherein a street, passageway or open space is delineated on the plan.
[Sec. 2, PD 957].
Complicated cataract. A cataract caused by disease of the uveal tract,
pigmentary retinal degeneration, absolute glaucoma, retinal

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detachment and old injuries. [Jarillo v. ECC, GR L-52058. Feb. 25,
1982].
Complimentary list. A list of alternative drugs used when there is no
response to the core essential drug or when there is a hypersensitivity
reaction to the core essential drug or when, for one reason or another,
the core essential drug cannot be given. [Sec. 3, RA 6675].
Composicion con el estado. Sp. Title or adjustment title. [Dir. of
Forestry v. Muoz, GR L-25459. June 28, 1968].
Composite state. It consists of two or more states, each with its own
separate government but bound under one central authority exercising
to a greater or less extent control over their external relations and thus
forming a separate international person. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 12]. Compare with Simple state.
Compos mentis. Lat. Lat. Sound mind. Having use and control of ones
mental faculties. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 150].
Compound crime. Also Delito compuesto. A single act which
constitutes two or more grave or less grave felonies. [Gregorio, Fund.
of Crim. Law Rev., 1997 9th Ed., p. 235]. Compare with Complex
crime proper.
Compounder. Every person who, without rectifying, purifying or refining
distilled spirits shall, by mixing such spirits, wine, or other liquor with
any materials except water, manufacture any intoxicating beverage
whatever. [Sec. 1, PD 426].
Compound interest. Interest upon interest, where accrued interest is
added to the principal sum, and the whole treated as a new principal,
for the calculation of the interest for the next period. [Martin,
Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p.
415]. Compare with Simple interest.
Compound penalty. An act punishable by two or more penalties, as
where the law provides that both fine and imprisonment must be
imposed. Thus, the law gives no discretion to impose an alternative or
only one penalty. [Morenos Law Dict., 2000 Ed., p. 86].

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Comprehensive Agrarian Reform Law (CARL). RA 6657 entitled An
Act instituting a Comprehensive Agrarian Reform Program to promote
social justice and industrialization, providing the mechanism for its
implementation, and for other purposes enacted on June 10, 1988.
Comprehensive newborn screening system. A newborn screening
system that includes, but is not limited to, education of relevant
stakeholders; collection and biochemical screening of blood samples
taken from newborns; tracking and confirmatory testing to ensure the
accuracy
of
screening
results;
clinical
evaluation
and
biochemical/medical confirmation of test results; drugs and medical or
surgical management and dietary supplementation to address the
heritable conditions; and evaluation activities to assess long term
outcome, patient compliance and quality assurance. [Sec. 4, RA 9288].
Compromis d arbitrage. Intl. Law. An agreement to submit a dispute
to an arbitration or judicial settlement. [Coquia and Santiago, Intl. Law,
3rd Ed. (1998), p. 492].
Compromise. 1. A contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already
commenced. [Art. 2028, CC]. 2. An agreement between two or more
persons, who, for preventing or putting an end to a lawsuit, adjust their
difficulties by mutual consent in the manner which they agree on, and
which everyone of them prefers to the hope of gaining, balanced by the
danger of losing. [David v. CA, 214 SCRA 644, 650 (1992) citing Rovero
v. Amparo, 91 Phil. 228, 235(1952); Arcenas v. Cinco, 74 SCRA 118,
123 (1976)].
Compulsion of irresistible force. Such force exerted that reduced a
person to a mere instrument who acted not only without will but
against his will. The compulsion must be of such character as to leave
the accused no opportunity for self-defense in equal combat or for
escape. [People v. De Los Reyes, GR 44112. Oct. 22, 1992].
Compulsory. Obligatory. [Morenos Law Dict., 2000 Ed., p. 87].
Compulsory arbitration. A system whereby the parties to a dispute
are compelled by the government to forego their right to strike and are
compelled to accept the resolution of their dispute through arbitration
by a third party. [Luzon Devt. Bank v. Assoc. of Luzon Devt. Bank

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Employees, GR 120319. Oct. 6, 1995, citing Seide, A Dict. of Arbit.
(1970)]. Compare with Voluntary arbitration.
Compulsory counterclaim. 1. A counterclaim which, being cognizable
by the regular courts of justice, arises out of or is connected with the
transaction or occurrence constituting the subject matter of the
opposing party's claim and does not require for its adjudication the
presence of third parties of whom the court cannot acquire jurisdiction.
Such a counterclaim must be within the jurisdiction of the court both as
to the amount and the nature thereof, except that in an original action
before the RTC, the counterclaim may be considered compulsory
regardless of the amount. [Sec. 7, Rule 6, RoC]. 2. A counterclaim
which arises out of or is necessarily connected with the transaction or
occurrence that is the subject matter of the opposing party's claim,
does not require for its adjudication the presence of third parties over
whom the court cannot acquire jurisdiction, and the court has
jurisdiction to entertain the claim. [Co v. CA, GR 93687. May 6, 1991].
Compare with Permissive counterclaim.
Compulsory counterclaim. Requisites: (a) It arises out of, or is
necessarily connected with, the transaction or occurrence which is the
subject matter of the opposing party's claim; (b) it does not require for
its adjudication the presence of third parties over whom the court
cannot acquire jurisdiction; and (c) the court has jurisdiction to
entertain the claim. [Javier v. IAC, 171 SCRA 605 (1989)]. Compare
with Permissive counterclaim.
Compulsory heirs. Also Forced heirs. The following are compulsory
heirs: (a) Legitimate children and descendants, with respect to their
legitimate parents and ascendants; (b) in default of the foregoing,
legitimate parents and ascendants, with respect to their legitimate
children and descendants; (3) the widow or widower; (d) illegitimate
children. [Art. 887, CC, as amended by FC].
Compulsory HIV testing. HIV testing imposed upon a person attended
or characterized by the lack of or vitiated consent, use of physical force,
intimidation or any form of compulsion. [Sec. 4, RA 8504].
Compulsory joinder of indispensable parties. The joinder, either as
plaintiffs or defendants, of parties in interest without whom no final
determination can be had of an action. [Sec. 7, Rule 3, RoC].

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Compulsory motor vehicle liability insurance. 1. A species of
compulsory insurance which provides for protection coverage that will
answer for legal liability for losses and damages that may be sustained
by another arising from the use and operation of motor vehicle by its
owner. [Sec. 373, IC, as amended by PD 1455 and 1814]. 2. It is
primarily intended to provide compensation for the death or bodily
injuries suffered by innocent third parties or passengers as a result of a
negligent operation and use of motor vehicles. The victims and/or their
defendants are assured of immediate financial assistance, regardless of
the financial capacity of motor vehicle owners. [Shafer v. RTC of
Olongapo City, GR 78848. Nov. 14, 1988]. Also Third party liability
or TPL.
Compulsory pilotage. Mar. Law. A marine rule that no ship or vessel
can come in or go out of a pier unless it is commanded by a pilot.
Compulsory recognition of natural children. Sometimes also called
Judicial recognition. Recognition decreed by final judgment of a
competent court. It is governed by Art. 283 and 284 (of the Civil Code),
setting forth the cases in which the father or mother, respectively, is
obliged to recognize a natural child, and Art. 285, providing that
generally, the action for recognition of natural children may be brought
only during the lifetime of the presumed parents. [Gapusan-Chua v. CA,
GR 46746. Mar. 15, 1990]. Compare with Voluntary recognition. of
natural children.
Computer. Any device or apparatus singly or interconnected which, by
electronic, electro-mechanical, optical and/or magnetic impulse, or
other means with the same function, can receive, record, transmit,
store, process, correlate, analyze, projects, retrieve, and/or produce
information, data, text, graphics, figures, voice, video, symbols or other
modes of expression or perform any one or more of these
functions. [Sec. 5, RA 8792].
Computerized election system. A system using electronic devices to
count and canvass votes. [Sec. 2, RA 8046].
Computer set. A set of equipment containing regular components, i.e.,
monitor, CPU, keyboard and printer. [Sec. 2, RA 8436; Sec. 2, RA
8046].

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Con animo de lucro. Sp. With intent to gain. [US v. Alabot, GR 13052.
Oct. 4, 1918].
Conation or disorders of volition. Legal Med. An uncontrollable and
irresistible command to do or not to do something. [Olarte, Legal Med.,
1st Ed. (2004), p. 150].
Concealment. Ins. A neglect to communicate that which a party knows
and ought to communicate. [Sec. 26, IC].
Concealment. Ins. Requisites: (a) A party knows a fact which he
neglects to communicate or disclose to the other; (b) such party
concealing is duty bound to disclose such fact to the other; (c) such
party concealing makes no warranty as to the fact concealed; and (d)
the other party has not the means of ascertaining the fact concealed.
Concerted activity. Labor. A joint undertaking of workers designed to
secure better terms and conditions of employment through the
machinery of collective bargaining and negotiations for their mutual
benefit and protection. [Poquiz, Labor Rel. Law, 1999 Ed. p. 237].
Concession. Synonymous with Alienation and Disposition. Any of the
methods authorized by this Act for the acquisition, lease, use, or benefit
of the lands of the public domain other than timber or mineral lands.
[Sec. 10, CA 141, as amended].
Concessionaire. The person to whom a concession has been granted or
awarded under the provision of PD 1219. [Sec. 3, PD 1219].
Concession contract. The award by the government to a qualified
private entity of the responsibility for financing, operating, expanding,
maintaining and managing specific government-owned assets. [Sec. 4,
RA 9136].
Concession especial. Sp. Special grant. [Dir. of Forestry v. Muoz, GR
L-25459. June 28, 1968].
Concession theory. The theory espousing that a corporation, as known
to Philippine jurisprudence, is a creature without any existence until it
has received the imprimatur of the state acting according to law,

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through the SEC. [Tayag v. Benguet Consolidated, GR L-23145. Nov.
29, 1968].
Conciliation. From Lat. conciliare: to call or bring together. 1. A form of
alternative dispute resolution in which the parties bring their dispute to
a neutral third party, who helps lower tensions, improve
communications, and explore possible solutions. Conciliation is similar
to mediation, but is may be less formal. [Glossary of Legal Terms
(Pro-Se), 2004]. 2. The process by which an impartial third party makes
an independent investigation and suggests a solution to a dispute. [Intl.
Conclusion of law. A proposition not arrived at by any process of
natural reasoning from a fact or combination of facts stated but by the
application of the artificial rules of law to the facts pleaded [Siquian v.
People, GR 82197. Mar. 13, 1989, citing Levins v. Rovegno, 71 Cal.
273, 12 p. 161; Black's Law Dict., p. 362].
Conclusive evidence. Evidence which is incontrovertible or one which
the law does not allow to be contradicted. [Claridades, A., Compilation
of Notes, 2001-2006]. Compare with Prima facie evidence.
Conclusiveness of judgment. Rem. Law. 1. A fact or question which
was in issue in a former suit and was there judicially passed upon and
determined by a court of competent jurisdiction, is conclusively settled
by the judgment therein as far as the parties to that action and persons
in privity with them are concerned and cannot be again litigated in any
future action between such parties or their privies, in the same court or
any other court of concurrent jurisdiction on either the same or
different cause of action, while the judgment remains unreversed by
proper authority. [Calalang v. Register of Deeds of Quezon City, 231
SCRA 88, 99-100]. 2. It is governed by Rule 39, Sec. 47(c) of the Rules
of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. Also
Collateral estoppel or Preclusion of issues.
Conclusive presumption. Evid. A presumption where no contrary
evidence is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Also
Presumption juris et de jure. Compare with Disputable
presumption.
Conclusive testimony. Evid. Generally, testimony which stands
uncontradicted. [Morenos Law Dict., 2000 Ed., p. 89].

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Concordat. Intl. Law. An agreement by the Pope with heads of States
on ecclesiastical affairs. [Coquia and Santiago, Intl. Law, 3rd Ed.
(1998), p. 492].
Concubinage. Crim. Law. The felony committed by any husband who
shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who is not
his wife, or shall cohabit with her in any other place. [Art. 334, RPC].
Concubine. A mistress or women who lives or cohabits with a man as
though he were her husband. [De Leon v. Villanueva, GR 27738. Mar.
13, 1928, citing Dict. of the Royal Spanish Academy, 15 Ed., 1925].
Concurrent jurisdiction. The jurisdiction of two or more courts, each
authorized to deal with the same subject matter. [Jurists Legal Dict.,
2004].
Concurrent proximate cause theory. Ins. Where two (2) proximate
causes concurred in causing an injury, one of which is insured against,
the insurer is liable under the policy irrespective of the eventuality that
there is another concurrent or proximate cause which constitutes an
uncovered risk. [Claridades, A., Compilation of Notes, 2001-2006].
Concurrent Resolution. A Resolution passed by both chambers of the
legislature. [Suarez, Stat. Con., (1993), p. 59].
Concurring opinion. An opinion that agrees with the result of the
majority opinion, but disagrees with some aspect of the reasoning used
to reach that result. [Intl. Law Dict. & Direct., 2004]. Compare with
Dissenting opinion.
Concurso de delitos. See Plurality of crimes.
Concurso ideal. See Ideal plurality.
Concurso real. See Real plurality.
Condemnation. 1. The act of destroying valueless supplies or property
by burning, pounding, throwing beyond recovery, or the like. [IRR on
Supply & Prop. Mgt., per Sec. 383, LGC]. 2. The legal process by which
the government takes private land for public use, paying the owners a

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fair price. [Glossary of Legal Terms (Pro-Se), 2004]. See Eminent
domain.
Condition. 1. A future and uncertain event, or a past event unknown to
the parties, upon the happening of which depends the fulfillment or
extinguishments of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p.
11]. 2. A future and uncertain fact or event upon the fulfillment of
which a juridical act is made to depend. [Jurado, Comments & Jurisp.
on Succession, 1991 8th Ed., p. 209, citing Manresa, 7th Ed., p. 226].
Conditional indorsement. Nego. Inst. An indorsement that is
conditional and which allows the party required to pay the instrument
to disregard the condition and make payment to the indorsee or his
transferee whether the condition has been fulfilled or not. But any
person to whom an instrument so indorsed is negotiated will hold the
same, or the proceeds thereof, subject to the rights of the person
indorsing conditionally. [Sec. 39, NIL].
Conditional judgment. Rem. Law. A judgment which contains no
disposition at all and is a mere anticipated statement of what the court
shall do in the future when a particular event should happen. [Co
Unjieng E Hijos, v. Mabalacat Sugar Co., GR 45351. June 29, 1940].
Conditionally or qualifiedly privileged communication. One where
circumstances exist, or are reasonably believed by the defendant to
exist, which cast on him the duty of making a communication to a
certain other person to whom he makes such communication in the
performance of such duty, or where the person is so situated that it
becomes right in the interest of society that he should tell third persons
certain facts, which he in good faith proceeds to do. [Sison v. David,
GR L-11268. Jan. 28, 1961, citing 33 Am. Jur. pp. 123- 125]. Compare
with Absolutely privileged communication.
Conditional obligation. An obligation the performance or
extinguishment of which depends upon a future or uncertain event, or
upon a past event unknown to the parties. [Diaz, Bus. Law Rev., 1991
Ed., p. 11]. Compare with Pure obligation.
Conditional pardon. A pardon that is in the nature of a contract
between the sovereign power or the Chief Executive and the convicted
criminal to the effect that the former will release the latter subject to
the condition that if he does not comply with the terms of the pardon,

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he will be recommitted to prison to serve the unexpired portion of the
sentence or an additional one. [Alvarez v. Director of Prisons, 80 Phil.
50]. Compare with Absolute pardon.
Conditional release. A release from custody which imposes regulations
on the activities and associations of the defendant. If a defendant fails
to meet the conditions, the release is revoked. [Jurists Legal Dict.,
2004].
Conditional sales. An agreement relating to the sale of goods or things
the acquisition of which depends upon an uncertain event. [Morenos
Law Dict., 2000 Ed., p. 89].
Condition captatoria. Succ. The condition upon which any disposition
is made to the effect that the heir shall make some provision in his will
in favor of the testator or of any other person. Such disposition shall be
void. [Art. 875, CC].
Condition precedent. A contractual condition that suspends the coming
into effect of a contract unless or until a certain event takes place.
[Duhaime's Legal Dict., 2004]. Compare with Condition subsequent.
Condition subsequent. A condition in a contract that causes the
contract to become invalid if a certain event occurs. The happening of a
condition subsequent may invalidate a contract which is, until that
moment, fully valid and binding. [Duhaime's Legal Dict., 2004].
Compare with Condition precedent.
Conditions. Kinds: (a) suspensive condition (condition precedent) or
one which suspends the demandability of the obligation until the
happening of the event; (b) resolutely condition (condition subsequent)
or one the happening of which will extinguish the obligation; (c)
potestative condition or one which depends upon the will of the debtor;
(d) casual or a condition which depends upon chance; (e) mixed
condition which depends partly upon chance and partly upon the will of
a third person; and (f) impossible condition which is not capable of
fulfillment, legally or physically. [Diaz, Bus. Law Rev., 1991 Ed., p.
10-11].
Condominium. 1. A building with one or more storeys composed of
multi-unit residential suites under joint ownership of occupants, each
unit provided with complete sanitary facilities, utilities and other

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amenities. [Sec. 63, PD 856]. 2. An interest in real property consisting
of separate interest in a unit in a residential, industrial or commercial
building and an undivided interest in common, directly or indirectly, in
the land on which it is located and in other common areas of the
building. [Sec. 2, RA 4726].
Condominium Act, The. RA 4726 entitled An Act to define
Condominium, establish requirements for its creation, and govern its
incidents enacted on June 18, 1966.
Condominium corporation. A corporation, stock or non-stock,
organized by owners of definite portions of a building for the effective
maintenance thereof. [Diaz, Bus. Law Rev., 1991 Ed., p. 248].
Condominium project. The entire parcel of real property divided or to
be divided primarily for residential purposes into condominium units,
including all structures thereon. [Sec. 2, PD 957].
Condominium unit. A part of the condominium project intended for any
type of independent use or ownership, including one or more rooms or
spaces located in one or more floors (or part of parts of floors) in a
building or buildings and such accessories as may be appended thereto.
[Sec. 2, PD 957].
Condonation. Also Remission. An act of liberality by which the creditor
without receiving anything renounces the fulfillment of the obligation
which, in consequences thereof, is extinguished either totally or
partially. It is a form of donation. [Diaz, Bus. Law Rev., 1991 Ed., p.
48].
Condonation. Also Remission. Kinds: (a) Complete or total when the
entire obligation is extinguished; (b) partial when only part of the
obligation is extinguished; (c) express when it is made either verbally or
in writing; (d) implied when it can only be inferred form the conduct;
(e) inter vivos when it takes effect during the lifetime of the donor; or
(f) mortis causa when it takes effect upon the death of the donor and
complies with the formalities of a will and testament. [Diaz, Bus. Law
Rev., 1991 Ed., p. 49-50].
Condonation. Also Remission. Requisites: (a) It must be gratuitous;
(b) it must be accepted by the obligor; (c) it must not be an inofficious
donation; (d) the obligation must be demandable at the time of the

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remission; and (e) if expressly made, it must comply with the forms of
donation. [Diaz, Bus. Law Rev., 1991 Ed., p. 48, citing Art. 1270, CC].
Condone. To remit or forgive a debt without expecting any equivalent or
compensation therefor. [Morenos Law Dict., 2000 Ed., p. 90].
Conduct. 1. Legal Ethics. As used in (Rule 1.01 of the Code of
Professional Responsibility), (the term) is not limited to conduct
exhibited in connection with the performance of professional duties.
[Lizaso v. Amante, Adm. Case 2019. June 3, 1991]. 2. Civ. Law. When
applied to equitable estoppel, the term embraces not only ideas
conveyed by words written or spoken and things actually done but also
the silence of such person and his omission. [Morenos Law Dict., 2000
Ed., p. 90].
Conduct unbecoming a police officer. Any behavior or action of a
Philippine National Police (PNP) member, irrespective of rank, done in
his official capacity, which, in dishonoring or otherwise disgracing
himself as a PNP member, seriously compromises his character and
standing as a gentleman in such a manner as to indicate his vitiated or
corrupt state of moral character. It may also refer to acts or behavior of
any PNP member in an official or private capacity which, in dishonoring
or disgracing himself personally as a gentleman, seriously compromises
his position as a PNP member and exhibits himself as morally unworthy
to remain as a member of the organization. [Morenos Law Dict., 2000
Ed., p. 90].
Confederation. Intl. Law. An organization of states which retain their
internal sovereignty and, to some extent, their external sovereignty,
while delegating to the collective body the power to represent them as
a whole for certain limited and specified purposes, such as common
defense. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13].
Conference committee. Also Bicameral conference committee.
Two committees, one appointed by each house. It is normally
appointed for a specific bill and its function is to gain accord between
the two houses either by the recession of one house from its bill or its
amendments or by the further amendment of the existing legislation or
by the substitution of an entirely new bill. Obviously, the conference
committee is always a special committee which considered it together
with such other representatives of the house as seem expedient.

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[Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994, citing
Sutherland, Statutes and Stat. Con., Vol. 1, 4th Ed., p.p. 293-294].
Conference rules. Mar. Law. Rules agreed by and among ship owners
and ship operators and are, therefore, not binding on third persons
unless agreed upon in a bill of lading or charter party. [Morenos Law
Dict., 2000 Ed., p. 90].
Confession. 1. The declaration of an accused acknowledging his guilt of
the offense charged, or of any offense necessarily included therein,
which may be given in evidence against him. [Sec. 33, Rule 130, RoC].
2. An acknowledgment of guilt of the crime charged or of the facts
which constitute the crime; but it is an admission and not a confession
if the facts acknowledged raise an inference of guilt only when
considered with other facts. [People v. Lorenzo, GR 110107. Jan. 26,
1995, citing 2 Underhill's Crim. Evidence 385 (5th Ed. 1956)].
Compare with Admission.
Confession. Requisites for admissibility: (a) It must be voluntary; (b) it
must be made with the assistance of competent and independent
counsel; (c) it ust be express, and (d) it must be in writing. [Dean
Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 42, citing People v.
Janson, GR 125938, Apr. 4, 2003].
Confession of judgment. Judgment where the defendant, instead of
entering a plea, confesses action or withdraws his plea and confesses
action. Judgment where a defendant gives the plaintiff a cognovit or
written confession of the action by virtue of which the plaintiff enters
judgment. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 436].
Confidential employee. Admin. and Labor Laws. One entrusted with
confidence on delicate matters, or with the custody, handling, or care
and protection of the employer's property. [Panday v. NLRC, GR 67664,
20 May 1992, 209 SCRA 122].
Confidential information. Any information, relative to the subject of
mediation or arbitration, expressly intended by the source not to be
disclosed, or obtained under circumstances that would create a
reasonable expectation on behalf of the source that the information
shall not be disclosed. It shall include: (a) communication, oral or
written, made in a dispute resolution proceedings, including any

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memoranda, notes or work product of the neutral party or non-party
participant, as defined in RA 9285; (b) an oral or written statement
made or which occurs during mediation or for purposes of considering,
conducting, participating, initiating, continuing of reconvening
mediation or retaining a mediator; and (c) pleadings, motions
manifestations, witness statements, reports filed or submitted in an
arbitration or for expert evaluation. [Sec. 3, RA 9285].
Confidential relation. The relation which exists, under Art. 1339 of the
Civil Code, between guardian and ward, insurer and insured, and agent
and principal. [Morenos Law Dict., 2000 Ed., p. 91].
Confinement. A state of being admitted in a hospital or medical clinic
for medical observation, diagnosis, testing, and treatment consistent
with the capability and available facilities of the hospital or clinic. [Sec.
2, RA 8344].
Confirmatory test. An analytical test using a device, tool or equipment
with a different chemical or physical principle that is more specific
which will validate and confirm the result of the screening test. [Sec 3,
RA 9165].
Confirmed letter of credit. The kind of obligation assumed by the
correspondent bank. In this case, the correspondent bank gives an
absolute assurance of the beneficiary that it will undertake the issuing
bank's obligation as its own according to the terms and conditions of
the credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991,
citing Agbayani, Comml. Laws of the Phil., Vol. 1, pp. 81-83].
Irrevocable credit.
Confirming bank. A correspondent bank (which) assumes a direct
obligation to the seller and its liability is a primary one as if the
correspondent bank itself had issued the letter of credit. [Feati Bank &
Trust Co. v. CA, GR 94209. Apr. 30, 1991, citing Agbayani, Comml.
Laws of the Phils., Vol. 1, p. 77].
Conflict of interest. Admin. Law. The conflict that arises when a public
official or employee is a member of a board, an officer, or a substantial
stockholder of a private corporation or owner or has a substantial
interest in a business, and the interest of such corporation or business,
or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty. [Sec. 3, RA 6713].

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Conflict of laws. Also known as Private international law. 1. A
situation (which) arises only when: (a) there is a dispute over the title
or ownership of an immovable, such that the capacity to take and
transfer immovables, the formalities of conveyance, the essential
validity and effect of the transfer, or the interpretation and effect of a
conveyance, are to be determined; and (b) a foreign law on land
ownership and its conveyance is asserted to conflict with a domestic
law on the same matters. Hence, the need to determine which law
should apply. [Laurel v. Garcia, GR 92013. July 25, 1990, citing
Salonga, Private Intl. Law, 1981 Ed., pp. 377-383]. 2. A term first
coined by Joseph Story in his 1st Ed., 1834 of that name. There are
three classic categories of conflicts: (a) choice of law; (b) choice of
jurisdiction, and (c) recognition and enforcement of foreign judgments.
Confusion. The mixture of liquids, belonging to different owners.
[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 99].
Confusion. Also Merger. 1. It takes place when the characters of
creditor and debtor are merged in the same person with respect to the
same obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 50-51]. 2. The
meeting in one person of the qualities of obligee and obligor with
respect to the same obligation. [Torres, Oblig. & Cont., 2000 Ed., p.
139, citing 4 Sanchez Roman, p. 421].
Confusion. Also Merger. Requisites: (a) It must be between the
principal debtor and creditor; and (b) it must be complete. [Diaz, Bus.
Law Rev., 1991 Ed., p. 51].
Congenital cataract. A kind of cataract the most common cause of
which is heredity. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982].
Congestive heart failure. A clinical syndrome which develops
eventually in 50-60% of all patients with organic cardiovascular
disease. It is defined as the clinical state resulting from inability of the
heart to expel sufficient blood for the metabolic demands of the body.
[Panangui v. ECC, GR L-56259. Mar. 18, 1983].
Congressional veto. A means whereby the legislature can block or
modify administrative action taken under a statute. It is a form of
legislative control in the implementation of particular executive actions.

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The form may be either negative, that is requiring disapproval of the
executive action, or affirmative, requiring approval of the executive
action. This device represents a significant attempt by Congress to
move from oversight of the executive to shared administration. [Phil.
Const. Assoc. v. Enriquez, citing Dixon, The Congressional Veto and
Separation of Powers: The Executive on a Leash, 56 North Carolina Law
Review, 423 (1978)].
Conjugal. To appertain to the marriage state. [Morenos Law Dict., 2000
Ed., p. 92].
Conjugal partnership of gains. The regime under which the husband
and wife place in a common fund the proceeds, products, fruits and
income from their separate properties and those acquired by either or
both spouses through their efforts or by chance, and, upon dissolution
of the marriage or of the partnership, the net gains or benefits obtained
by either or both spouses shall be divided equally between them,
unless otherwise agreed in the marriage settlements. [Art. 106, FC].
Conjugal partnership property. The following are conjugal
partnership properties: (a) Those acquired by onerous title during the
marriage at the expense of the common fund, whether the acquisition
be for the partnership, or for only one of the spouses; (b) those
obtained from the labor, industry, work or profession of either or both
of the spouses; (c) the fruits, natural, industrial, or civil, due or
received during the marriage from the common property, as well as the
net fruits from the exclusive property of each spouse; (d) the share of
either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found; (e) those
acquired through occupation such as fishing or hunting; (f) livestock
existing upon the dissolution of the partnership in excess of the number
of each kind brought to the marriage by either spouse; and (g) those
which are acquired by chance, such as winnings from gambling or
betting. However, losses therefrom shall be borne exclusively by the
loser-spouse. [Art. 117, FC].
Conjunction or adjunction. The union of two things belonging to
different owners, in such a manner that they cannot be separated
without injury, thereby forming a single object. [Tolentino, Civil Code of
the Phil., Vol. II, Repr. 2001, p. 98].

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Connecting factors or contacts. In the conflict of law, connecting
factors, or contacts, are facts which tend to connect a transaction or
occurrence with a particular law or jurisdiction (e.g. the domicile,
residence, nationality or place of incorporation of the parties; the
place(s) of conclusion or performance of the contract; the place(s)
where the tort or delict was committed or where its harm was felt; the
flag or country of registry of the ship; the ship owners base of
operations, etc.). Connecting factors are taken into consideration and
weighed by courts and arbitrators, in determining the proper law to
apply to decide the case or dispute. [Tetley, Glossary of Conflict of
Laws, 2004].
Connivance (with the prisoner). Under Art. 223 of the Rev. Penal
Code, an agreement between the prisoner and the public officer in his
custody or charge to his escape. [Morenos Law Dict., 2000 Ed., p. 93].
Conniving with or consenting to evasion. Crim. Law. The felony
committed by any public officer who shall consent to the escape of a
prisoner in his custody or charge. [Art. 223, RPC].
Conquest. Intl. Law. 1. The mode of acquisition of land territory which
is no longer recognized, inasmuch as the UN Charter prohibits resort to
threat or use of force against the territorial integrity or political
independence of any state. [Sandoval, Pol. Law Reviewer 2003]. 2. The
acquisition of territory by force. [Intl. Law Dict. & Direct., 2004].
Consanguinity. Kinship; blood relationship; the connection or relation of
persons descended from the same stock or common ancestor. [Paras,
Phil. Conflict of Laws, 8th Ed. (1996), p. 305]. Compare with Affinity.
Consciente waiver. The voluntary waiver by the vendee of his right to
warranty in case of eviction without the knowledge and assumption of
the risks of eviction. [Diaz, Bus. Law Rev., 1991 Ed., p. 135].
Consensual contracts. Contracts that are perfected by mere consent,
and from that moment the parties are bound not only to the fulfillment
of what has been expressly stipulated but also to all the consequences
which, according to their nature, may be in keeping with good faith,
usage and law. [Art. 1315, CC]. Compare with Real contracts.
Consensus. 1. A result achieved through negotiation whereby a hybrid
solution is arrived at between parties to an issue, dispute or

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disagreement, comprising typically of concessions made by all parties,
and to which all parties then subscribe unanimously as an acceptable
resolution to the issue or disagreement. [Duhaime's Legal Dict., 2004].
2. The making of a decisions by general agreement and in the absence
of any voiced objection. [Intl. Law Dict. & Direct., 2004].
Consent. 1. This is manifested by the meeting of the offer and the
acceptance upon the thing and the cause which are to constitute the
contract. The offer must be certain and the acceptance absolute. A
qualified acceptance constitutes a counter-offer. [Art. 1319, CC]. 2.
Agreement; voluntary acceptance of the wish of another. [Glossary of
Consented abduction. The abduction of a virgin over twelve years and
under eighteen years of age, carried out with her consent and with
lewd designs. [Art. 343, RPC]. Compare with Forcible abduction.
Consented abduction. Elements: (a) the offended party is a virgin, (b)
she must be over twelve (12) and under eighteen (18) years of age, (c)
the taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender, and, (d) the taking away of
the offended party must be with lewd designs. [Perez v. CA, GR
L-80838. Nov. 29, 1988]. Compare with Qualified seduction.
Consent election. Labor. 1. The election voluntarily agreed upon by the
parties to determine the issue of majority representation of all the
workers in the appropriate collective bargaining unit. [Sec. 1, Rule 1,
Book 5, IRR of LC]. 2. An agreed election, its purpose being merely to
determine the issue of majority representation of all the workers in the
appropriate collective bargaining unit. [Warren Manufacturing Workers
Union v. BLR, GR L-76185. Mar. 30, 1988]. Compare with
Certification election.
Consent judgment. A judgment based on an agreement and which
may only be rendered when the parties on both sides ask for it.
Conservation. 1. Preservation and sustainable utilization of wildlife,
and/or maintenance, restoration and enhancement of the habitat. [Sec.
5, RA 9147]. 2. The complete preservation or limited harvesting of coral
resources in such a way as not to adversely affect the sustained
productivity of marine eco systems. [Sec. 3, PD 1219]. 3. The wise use

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and optimum utilization of mineral resources. [Sec. 4, DENR Admin.
Order 95-23].
Conservatorship. Legal right given to a person to manage the property
and financial affairs of a person deemed incapable of doing that for
himself or herself. [Glossary of Legal Terms (Pro-Se), 2004]. See also
Guardianship.
Consideration. 1. Some right, interest, benefit, or advantage conferred
upon the promissor, to which he is otherwise not lawfully entitled, or
any detriment, prejudice, loss, or disadvantage suffered or undertaken
by the promisee other than to such as he is at the time of consent
bound to suffer. [Gabriel v. Monte de Piedad, 71 Phil. 497 (1941)]. 2.
The why of the contracts, the essential reason which moves the
contracting parties to enter into the contract. [Gonzales v. Trinidad, 67
Phil. 682].
Consign. To leave an item of property in the custody of another.
Consignacion. Sp. A fish broker. [Morenos Law Dict., 2000 Ed., p. 94].
Consignation. The act of depositing the thing due with the court or
judicial authorities whenever the creditor cannot accept or refuses to
accept payment and it generally requires a prior tender of payment.
[Limkako v. Teodoro, 74 Phil. 313].
Consignation. Requisites: (a) That there was a debt due; (b) that the
consignation of the obligation had been made because the creditor to
whom tender of payment was made refused to accept it, or because he
was absent or incapacitated, or because several persons claimed to be
entitled to receive the amount due [Art. 1176, CC]; (c) that previous
notice of the consignation had been given to the person interested in
the performance of the obligation [Art. 1177, CC]; (d) that the amount
due was placed at the disposal of the court (Art. 1178, CC]; and (e)
that after the consignation had been made the person interested was
notified thereof (Art. 1178, CC]. Failure in any of these requirements is
enough ground to render a consignation ineffective [Ponce de Leon v.
Santiago Syjuco., 90 Phil. 311].

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Consigned abroad. Synonymous with the term "enviado al extranjero"
found in the Spanish version and signifies "sent or shipped abroad."
[Sec. 1459, Act 2711].
Consignment. An arrangement whereby the goods are sent by one to
another to be sold and disposed by the latter for and on account of the
former. [Ongkiko v. CA, GR L-48777. Sep. 24, 1987, citing Bouvier's
Law Dict., 3rd Ed., Vol. 1].
Consignment for sale. A contract which creates the relationship of
principal and agent whereby title to the merchandise is retained by the
principal who, however, authorizes the agent to sell the merchandise
for him and to effectively transfer title thereto in favor of the purchaser.
Usually, the principal fixes the price at which the goods are to be sold
by the agent who, for his part, has the right to return the merchandise
if he cannot sell it at the desired price. Likewise the principal has the
right to demand the return of the merchandise at any time before it is
sold. [Morenos Law Dict., 2000 Ed., p. 95].
Consolidation. Corp. Law. 1. The combination or union of two or more
companies that results in the termination and dissolution of the
corporate existence of all constituent companies and the formation of a
new company. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of
the Phil., 1999 Ed., p. 207]. 2. When two companies join to become
parts of a new company. [Intl. Law Dict. & Direct., 2004]. Compare
with Merger.
Conspiracy. Crim. Law. 1. It exists when two or more persons come to
an agreement concerning the commission of a felony and decide to
commit it. [Art. 8, RPC]. 2. The common design to commit a felony. It
is not participation in all the details of the execution of the crime. All
those who in one way or another helped and cooperated in the
consummation of the crime are considered as co-principals. [Venturina
v. Sandiganbayan, GR 78038. Jan. 18, 1991].
Conspiracy. Crim. Law. Elements: To constitute conspiracy, there must
be intentional participation in the transaction with a view to the
furtherance of the common design and purpose. There must be unity of
purpose and unity in the execution of the unlawful objective. Mere
knowledge, acquiescence or approval of the act, without cooperation or
agreement to cooperate, is enough. [People v. Macatana, GR L-57061.
May 9, 1988].

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Constancia autentica. Sp. Authentic
notice.
[Claridades,
A.,
Constituent function. Also Governmental function. Pol. Law. A

function of government which involves the exercise of sovereignty and
considered as compulsory. [Fontanilla v. Maliaman, GR 55963 & 61045.
Feb. 27, 1991]. Compare with Proprietary or Ministrant function.
Constituent governmental functions. Pol. Law. The term constitutes
the very bonds of society and are compulsory in nature. President
Wilson enumerated the constituent functions as follows: (a) the
keeping of order and providing for the protection of persons and
property from violence and robbery; (b) the fixing of the legal relations
between man and wife and between parents and children; (c) the
regulation of the holding, transmission, and interchange of property,
and the determination of its liabilities for debt or crime; (d) the
determination of contract rights between individuals; (e) the definition
and punishment of crimes; (f) the administration of justice in civil
cases; (g) the determination of the political duties, privileges, and
relations of citizens; (h) dealings of the state with foreign powers, the
preservation of the state from external danger or encroachment and
the advancement of its international interests. [SSS Employees Assoc.
v. Soriano, GR L-18081. Apr. 30, 1963]. Compare with Ministrant
governmental functions.
Constituent legislative power. Pol. Law. The power to amend or
revise the Constitution. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p.
284].
Constitution. 1. A system of fundamental laws for the governance and
administration of a nation. It is supreme, imperious, absolute and
unalterable except by the authority from which it emanates. [Manila
Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. 2. The fundamental
and paramount law of the nation. [Manila Prince Hotel v. GSIS, GR
122156. Feb. 3, 1997, citing Marbury v. Madison, 5 U.S. 138 (1803)]. 3.
That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised. [Cruz, Constl. Law, 1998 Ed., p. 3,
citing Cooley, Constl. Limitations, p. 4].
Constitutional law. The fundamental law of the land which defines the
powers of the government. [Suarez, Stat. Con., (1993), p. 38].

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

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

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Constructive possession. Holding a valid title to property. The
subjection of the thing to ones control. [Morenos Law Dict., 2000 Ed.,
p. 97]. Compare with Actual possession.
Constructive removal (from the service). Admin. Law. A
reassignment that is indefinite and results in a reduction in rank, status
and salary. [Bentain v. CA, GR 89452. June 9, 1992].
Constructive service of summons by publication. Service of
summons effected, by leave of court, upon the defendant who is
designated in any action as an unknown owner, or the like, or upon a
defendant whose address is unknown and cannot be ascertained by
diligent inquiry, by publication in a newspaper of general circulation and
in such places and for such time as the court may order. [Sec. 14, Rule
14, RoC].
Constructive total loss. Mar. Ins. A loss which gives to a person
insured a right to abandon, under Sec. 139 of the Ins. Code. [Sec. 132,
IC]. Compare with Actual total loss.
Constructive tradition. The delivery of movable and immovable things
which is not actual or material and is represented by other signs or acts
indicative thereof. Its various kinds are: Traditio (or tradicion)
simbolica, Tradition longa manu, Tradition brevi manu, and Traditio
constitutum possessorium. [Tolentino, Civil Code of the Phil., Vol. II,
Repr. 2001, p. 459-460]. See Real tradition.
Constructive trust. Also Trust ex maleficio, Trust ex delicto, Trust
de son tort, Involuntary trust, or Implied trust. 1. Trust by
operation of law which arises contrary to intention and in invitum,
against one who, by fraud, actual or constructive, by duress or abuse of
confidence by commission of wrong, or by any form of unconscionable
conduct, artifice, concealment, or questionable means, or who in any
way against equity and good con-science, either has obtained or holds
the legal right to property which he ought not, in equity and good
conscience, hold and enjoy. [Roa v. CA, GR L-27294. June 28, 1983]. 2.
A remedial device by which the holder of legal title is held to be a
trustee for the benefit of another who in good conscience is entitled to
the beneficial interest. [Magallon, v. Montejo, GR 73733. Dec. 16,
1986].

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

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

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

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

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Contemporanea expositio est optima et fortissima in lege. Lat.
Contemporaneous exposition or construction is the best and strongest
in the law. [People v. Puno, GR 97471. Feb. 17, 1993, citing 2 Inst. 11;
Black's Law Dict., 4th Ed., 390].
Contemporaneous circumstances. The conditions existing at the time
the law was enacted. [Suarez, Intro. to Law, 1995 3rd Ed., p. 23].
Contemporaneous
construction
by
executive
officers.
Construction placed upon a statute by the executive officers whose
duty it is to enforce it, and unless such interpretation is clearly
erroneous, will ordinarily be controlled thereby. [In Re: Allen, GR 1455.
Oct. 29, 1903]. Compare with Prospective construction.
Contempt. A willful disregard or disobedience. [Narcida v. Bowen, 22
Phil. 365; People v. Rivera, 91 Phil. 354].
Contempt of court. 1. A defiance of the authority, justice or dignity of
the court; such conduct as tends to bring the authority and
administration of the law into disrespect or to interfere with or
prejudice parties litigant or their witnesses during litigation. [Halili v.
CIR, 136 SCRA 57 (1985)]. 2. Some act or conduct which tends to bring
the authority of the court in disrepute or to interfere with the
administration of justice. [Claridades, A., Compilation of Notes,
2001-2006]. 3. Willful disobedience of a judge's command or of an
official court order. [Glossary of Legal Terms (Pro-Se), 2004].
Contentious action or proceedings. See Adversarial action or
proceedings.
Contestable market. The electricity end-users who have a choice of a
supplier of electricity, as may be determined by the Energy Regulatory
Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136].
Contested case. Any proceeding, including licensing, in which the legal
rights, duties or privileges asserted by specific parties as required by
the Constitution or by law are to be determined after hearing. [Sec. 2,
Chap. 1, Book VII, EO 292].
Contiguous. It means (a) in physical contact; (b) touching along all or
most of one side; (c) near, text, or adjacent. [Webster's New World
Dict., 1972 Ed., p. 307].

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

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or intestate which may or may not happen. A subsisting demand
against the estate of a deceased person which had matured and was
capable of being enforced during the lifetime of the deceased is not a
contingent claim. [Reyes v. Rosenstock, GR 23718. Aug. 28, 1925].
Continua. See Accession continua.
Continuance. Postponement of a legal proceeding to a later date.
Continued crime. A single crime consisting of a series of acts but all
arising from one criminal resolution. It is a continuous, unlawful act or
series of acts set on foot by a single impulse and operated by an
unintermittent force, however long a time it may occupy. Although
there are series of acts, there is only one crime committed. Hence, only
one penalty shall be imposed. [Mallari v. People, GR L-58886. Dec. 13,
1988].
Continuing appropriations. Appropriations for specific projects, such
as those for construction of physical structures, or for the acquisition of
real property or equipment, which shall continue to be available until
the project is completed or abandoned. Reversions shall not be made
or appropriations obligated by contract. Appropriations not obligated by
contract may not be continued if the same would result in a negative
balance in the unappropriated account of the fund concerned. [Sec. 14,
PD 477].
Continuing crime. A crime which occurred on board a foreign vessel,
which began when the ship was in a foreign territory and continued
when it entered into Philippine waters. Hence, the crime is within the
jurisdiction of the local courts. [US v. Bull, 15 Phil. 7, 27 (1910)].
Continuing guaranty. One which is not limited to a single transaction,
but which contemplates a future course of dealing, covering a series of
transactions, generally for an indefinite time or until revoked. It s
prospective in its operation and is generally intended to provide security
with respect to future transactions within certain limits, and
contemplates a succession of liabilities, for which, as they accrue, the
guarantor becomes liable. Otherwise stated, a continuing guaranty is
one which covers all transactions, including those arising in the future,
which are within the description or contemplation of the contract of

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guaranty, until the expiration or termination thereof. [Dio v. ca GR
89775. Nov. 26, 1992].
Continuing objections. When it becomes reasonably apparent in the
course of the examination of a witness that the questions being
propounded are of the same class as those to which objection has been
made, whether such objection was sustained or overruled, it shall not
be necessary to repeat the objection, it being sufficient for the adverse
party to record his continuing objection to such class of questions. [Sec.
37, Rule 132, RoC].
Continuing offense. An unlawful act performed continuously or over
and over again. [Apiag v. Cantero, AM MTJ-95-1070. Feb. 12, 1997,
citing Law Dict., Robert E. Rothenberg).
Continuity of law principle. The legal maxim that, excepting that of a
political nature, law once established continues until changed by some
competent legislative power. It is not changed merely by chance of
sovereignty. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17, 1945, citing
Beale, Cases on Conflict of Laws, III, Summary Sec. 9].
Continuous crime. A single crime consisting of a series of acts arising
from a single criminal resolution or intent not susceptible of division.
[People v. Ledesma, 73 SCRA 77 (1976)].
Continuous easements. Those easements the use of which is or may
be incessant, without the intervention of any act of man. [Art. 615, CC].
Continuous possession. Possession (that) is uninterrupted, unbroken
and not intermittent or occasional. [Dir. of Lands v. IAC, GR 68946.
May 22, 1992, citing Black's Law Dict., 5th Ed., 291].
Contraband. Any article the importation or exportation of which is
prohibited by law. [Comm. of Customs v. CTA, GR L-33471. Jan. 31,
1972, citing Black, Law Dict.].
Contra bonos mores. Also Contra bonus mores. Lat. Contrary to
good morals. Elements. (a) There is an act which is legal; (b) but which
is contrary to morals, good custom, public order, or public policy; (c)
and it is done with intent to injure. Thus, under any of these three (3)
provisions of law, an act which causes injury to another may be made

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the basis for an award of damages. [Albenson Enterprises Corp. v. CA,
GR 88694. Jan. 11, 1993].
Contract. Civ. Law. A meeting of minds between two persons whereby
one binds himself, with respect to the other, to give something or to
render some service. [Art. 1305, CC]. Contracts, in general, are
perfected by mere consent, which is manifested by the meeting of the
offer and the acceptance upon the thing and the cause which are to
constitute the contract. The offer must be certain and the acceptance
absolute. [Adelfa Properties v. CA, GR 111238. Jan. 25, 1995].
Contract. Civ. Law. Classes of elements: (a) Essential elements without
which there is no valid contract; (b) natural elements or those
presumed to exist by the fact that the contract was entered into (e.g.,
implied warranties in a contract of sale); and (c) accidental elements or
the particular stipulations established by the parties (e.g., interests in a
contract of loan). [Diaz, Bus. Law Rev., 1991 Ed., p. 64].
Contract. Civ. Law. Essential requisites: (a) Consent of the contracting
parties; (b) object certain which is the subject matter of the contract;
(c) cause of the obligation which is established. [Art. 1318, CC].
Contract-add-and-operate. A contractual arrangement whereby the
project proponent adds to an existing infrastructure facility which it is
renting from the government. It operates the expanded project over an
agreement franchise period. There may, or may not be, a transfer
arrangement in regard to the facility. [Sec. 2, RA 7718].
Contract area. Land or body of water delineated for purposes of
exploration, development, or utilization of the minerals found there-in.
[Sec. 3, RA 7942].
Contract-bar rule. A principle in labor law that a collective bar-gaining
agreement of reasonable duration is, in the interest of the stability of
industrial relations, a bar to certification elections. [CCLU v. NLRC, GR
L-38955-56. Oct. 31, 1974].
Contract for a piece of work. See Piece of work contract.
Contract implied in fact. An agreement arrived at by a consideration
of the acts and conducts of the parties involved. [Claridades, A.,

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Contract of adhesion. One in which one of the parties imposes a
ready-made form of contract, which the other party may accept or
reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785.
Mar. 29, 1996, citing Tolentino, Civil Code of the Phil., Vol. IV (1986
Ed.), p. 506].
Contract of affreightment. See Affreightment contract.
Contract of agency. See Agency and Agency contract.
Contract of pure beneficence. See Gratuitous contract.
Contract of sale. A contract wherein title passes to the vendee upon
the delivery of the thing sold and the vendor has lost and cannot
recover ownership until and unless the contract is resolved or
rescinded. [Claridades, A., Compilation of Notes, 2001-2006]. Compare
with Contract to sell.
Contract of sale. Elements: a) Consent or meeting of the minds, that is,
consent to transfer ownership in exchange for the price; b) Determinate
subject matter; and c) Price certain in money or its equivalent. [GR
103577. Oct. 7, 1996. Coronel v. CA].
Contract of sale. Stages: (a) Preparation, conception, or generation,
which is the period of negotiation and bargaining, ending at the
moment of agreement of the parties; (b) perfection of birth of the
contract, which is the moment when the parties come to agree on the
terms of the contract; and (c) consummation or death, which is the
fulfillment or performance of the terms agreed upon in the contract.
[Tolentino, Commentaries and Jurisp. on the Civil Code of the Phil., Vol.
4, 1985 Ed., 411; Paras, Civil Code of the Phil. Annotated, vol. 4, 1989
Ed., 490].
Contractor. 1. A qualified person acting alone or in consortium who is a
party to a mineral agreement or to a financial or technical assistance
agreement. [Sec. 3, RA 7942]. 2. Any entity accredited under the laws
which may or may not be the project proponent and which shall
undertake the actual construction and/or supply of equipment for the
project. [Sec. 2, RA 7718]. 3. A person, natural or juridical, not subject
to professional tax, whose activity consists essentially of the sale of all
kinds of services for a fee, regardless of whether or not the

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performance of the service calls for the exercise or use of the physical
or mental faculties of such contractor or his employees. [Sec. 131, RA
7160]. 4. The term is deemed synonymous with the term builder and,
hence, any person who undertakes or offers to undertake or purports
to have the capacity to undertake or submits a bid to, or does himself
or by or through others, construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any building, highway, road,
railroad, excavation or other structure, project, development or
improvement, or to do any part thereof, including the erection of
scaffolding or other structures or works in connection therewith. The
term contractor includes subcontractor and specialty contractor. [Sec.
9, RA 4566].
Contractor's Bond Act. Act No. 3959. [Expressly repealed by the Labor
Code].
Contractors' License Law. RA 4566 entitled An Act creating the
Philippine Licensing Board for Contractors, prescribing its powers,
duties and functions, providing funds therefor, and for other purposes
enacted on June 19, 1965.
Contract to sell. A bilateral con-tract whereby the prospective seller,
while expressly reserving the ownership of the subject property despite
delivery thereof to the prospective buyer, binds himself to sell the said
property exclusively to the prospective buyer upon fulfillment of the
condition agreed upon, that is, full payment of the purchase price.
[Coronel v. CA, GR 103577. Oct. 7, 1996]. Compare with Contract of
sale.
Contractual reservation of title. See Pactum reservati dominii.
Contract worker. Any person working or who has worked overseas
under a valid employment contract and shall include seamen or any
person working overseas or who has been employed by another which
may be a local employer, foreign employer, principal or partner under a
valid employment contract and shall include seamen. [Eastern Shipping
Lines v. POEA, GR L-76633. Oct. 18, 1988, citing 1985 Rules and
Regulations on Overseas Employment].
Contradictory evidence. Testimony or evidence, consisting of prior
inconsistent statements, presented by the same witness in the same
case. [Morenos Law Dict., 2000 Ed., p. 104].

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Contra factum non valet argumentum. Lat. Against this fact no
argument can prevail. [Fed. of Free Farmers v. CA, GR L-41161. Sep.
10, 1981]
Contrahaciendo. Sp. Hacer una cosa tan parecida a otra que con
dificultad se distingan. Eng. To make a thing of such close resemblance
to another that it is distinguished only with difficulty. [US v. Paraiso, GR
91. Nov. 13, 1901]. Compare with Fingir.
Contra proferentem. Lat. 1. Against the party proffering the evidence.
[Claridades, A., Compilation of Notes, 2001-2006]. 2. A rule premised
on the belief that if a party is able to stipulate terms, or is the party
who writes the contract, then implicitly he occupies the stronger
position. To redress the imbalance between the parties, contra
proferentem holds that the interpretation that favors the other party
will be chosen. [Tetley, Glossary of Conflict of Laws, 2004].
Contrato inexistente. In Spanish law, a contract void ab initio.
Contrato nulo. In Spanish law, a voidable contract. [Morenos Law Dict.,
2000 Ed., p. 104].
Contribution. The amount paid by or in behalf of a member to the
National Health Insurance Program for coverage, based on salaries or
wages in the case of formal sector employees, and on household
earnings and assets, in the case of self-employed, or on other criteria
as may be defined by the Phil. Health Ins. Corp. (PHIC) in accordance
with the guiding principles set forth in Art. 1 of RA 7875, as amended.
[Sec. 1, RA 9241].
Contributory negligence doctrine. 1. The act or omission amounting
to want of ordinary care on the part of the person injured which,
concurring with the defendant's negligence, is the proximate cause of
the injury. [Ma-ao Sugar Central v. CA, GR 83491. Aug. 27, 1990]. 2.
This doctrine may be stated as follows: If the negligence of the plaintiff
cooperated with the negligence of the defendant in bringing about the
accident causing injury complained of, such negligence of the plaintiff
would be an absolute bar to recovery. But if the negligence of the
plaintiff is merely contributory to his negligence, such negligence would
not be a bar to recovery, but the amount recoverable shall be mitigated

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by the courts. [Rakes v. AG & P, 7 Phil 359; Cangco v. Manila Railroad
Co., 36 Phil 766; Del Prado v. Manila Electric Co., 52 Phil. 900; Art.
2179, CC].
Control. Admin. Law. The power of an officer to alter or modify or nullify
or set aside what a subordinate officer had done in the performance of
his duties and to substitute the judgment of the former for that of the
latter. [Mondano v. Silvosa, GR L-7708. May 30, 1955]. Compare with
Supervision.
Control. 1. Corp Law. Ownership of stocks in a corporation possessing at
least fifty-one percent (51%) of the total voting power of all classes of
stocks entitled to vote. [Sec. 34, NIRC, as amended]. 2. The power to
exercise a controlling influence over the management or policies of a
company, unless such power is solely the result of an official position
with such company. Any person who owns beneficially, either directly
or through one or more controlled companies, more than thirty per
centum of the voting securities of a company shall be presumed to
control such company. Any person who does not so more than thirty
per centum of the voting securities of any company shall be presumed
not to control such company. [Sec. 3, RA 2629].
Controlled delivery. The investigative technique of allowing an
unlawful or suspect consignment of any dangerous drug and/or
controlled precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived directly or indirectly
from any offense, to pass into, through or out of the country under the
supervision of an authorized officer, with a view to gathering evidence
to identify any person involved in any dangerous drugs related offense,
or to facilitate prosecution of that offense. [Sec 3, RA 9165].
Controlled precursors and essential chemicals. Those listed in
Tables I and II of the 1988 UN Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances as enumerated in the
attached annex, which is an integral part of RA 9165. [Sec 3, RA 9165].
Controller. An officer who audits accounts and supervises the financial
affairs of a corporation or of a governmental body. [Morenos Law Dict.,
2000 Ed., p. 105]. See Coordinator.
Control, power of. The power of an officer to alter or modify or nullify
or set aside what a subordinate officer had done in the performance of

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his duties and to substitute the judgment of the former for the latter.
[Garcia v. COA, GR 75025. Sep. 14, 1993].
Control powers of the President. A fundamentally accepted principle
in Constitutional Law that the President has control of all executive
departments, bureaus, and offices. [Carpio v. Exec. Sec., GR 96409.
Feb. 14, 1992].
Control test. Corp. Law. The rule that the nationality of the private
corporation is determined by the citizenship of its controlling
stockholder. [Diaz, Bus. Law Rev., 1991 Ed., p. 245].
Control test. Labor. Elements (which) constitute the reliable yardstick
(whenever the existence of an employment relationship is in dispute):
(a) the selection and engagement of the employee; (b) the payment of
wages; (c) the power of dismissal; and (d) the employer's power to
control the employee's conduct. [Aurora Land Projects Corp. v. NLRC,
GR 114733. Jan. 2, 1997]
Controversy. A litigated question; adversary proceeding in a court of
law; a civil action or suit, either at law or in equity; a justiciable
dispute. [PAL v. NLRC, GR 120567. Mar. 20, 1998, citing Moreno, Phil.
Law Dict., 1982 ed,, p. 136].
Convene. To call together, cause to assemble, or convoke. [Kapatiran
ng mga Naglilingkod sa Pamahalaan ng Pilipinas, Inc. v. Tan, GR
L-81311. June 30, 1988].
Convention. From Lat. convenire: to come together. 1. Legally binding
agreement between states sponsored by an international organization.
[Intl. Law Dict. & Direct., 2004]. 2. A multilateral treaty or agreement,
usually restricted to some technical matters. The term is now used by
the United nations for agreements, involving all or almost all members
of the United Nations on a particular subject, such as the Vienna
Convention on Treaties. [Coquia and Santiago, Intl. Law, 3rd Ed.
(1998), p. 492].
Conventional constitution. Const. Law. A constitution enacted
deliberately and consciously by a constituent body or ruler at a certain
time and place. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 9].
Compare with Cumulative constitution.

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Conventional period. Also Voluntary period. The period agreed upon
by the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 16].
Conventional redemption. Redemption that takes place when the
vendor reserves the right to repurchase the thing sold, with the
obligation to return to the vendee the price of the sale, and, in addition,
the expenses of the contract and any other legitimate payments made
by reason of the sale as well as the necessary and useful expenses
made on the thing sold, and with other stipulations which may have
been agreed upon. [Arts. 1601 and 1616, CC]. Compare with Legal
redemption.
Conventional subrogation. Subrogation which takes place when a
third person acquires all the rights of a creditor by express agreement
of the debtor, the original creditor and the third person (new creditor).
[Diaz, Bus. Law Rev., 1991 Ed., p. 59]. Also referred to as the
Doctrine of substitution.
Convention award. A foreign arbitral award made in a Convention
State. [Sec. 3, RA 9285].
Convention state. A State that is a member of the New York
Convention. [Sec. 3, RA 9285].
Conversion. An unauthorized assumption and exercise of the right of
ownership over goods or personal chattels belonging to another,
resulting in the alteration of their condition or the exclusion of the
owner's rights. It takes place when a person actually appropriates the
property of another to his own benefit, use, and enjoyment [Trinidad v.
CA, 53 OG 731, citing Bouvier's Law Dict.].
Convert. To use or dispose of another's property as if it were one's own.
[Sy v. People, GR 85785. Apr. 24, 1989, citing II Reyes, Crim. Law,
12th Ed., p. 729]. Compare with Misappropriate.
Convertible bond. Corp. Law. One which may be exchanged for
another security, usually stock. The conversion privilege, a matter of
contract, is usually at the option of the bond-holder, limited to a stated
period of time or conversion period and made at a prescribed rate of
exchange or conversion ratio. [Martin, Commentaries and Jurisp. on
Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69].

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Convertible share. Corp. Law. A share which is convertible or
changeable by the stockholder from one class to another class (such as
from preferred to common) at a certain price and within a certain
period. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63].
Convey. Broadly, to transfer property or title to property from one
person to another. It may, however, include any other transaction by
which any interest in real estate is created short of transferring title
thereof. [Angela Estate v. CFI Negros Occ., GR L-27084. July 31, 1968].
Conveyance. 1. A written document which transfers property from one
person to another. In real-estate law, the conveyance usually refers to
the actual document which transfers owner-ship, between persons
living (i.e., other than by will), or which charges the land with another's
interest, such as a mortgage. [Duhaime's Legal Dict., 2004]. 2. It may
refer not only to an absolute sale but also to mortgage or any other
transaction. It signifies every instrument by which any estate or interest
in real estate is created, alienated, mortgaged, or assigned.
[Patalinghud v. Ballesteros, GR L-25421. Mar. 31, 1971, citing 13 CJ,
900; 18 CJS, 92].
Convict. 1. n. One who has been finally condemned by a court, one who
has been adjudged guilty of a crime or misdemeanor. 2. v. To condemn
after a judicial investigation. [Torres v. Gonzales, GR 76872. July 23,
1987].
Conviction. 1. A verdict judgment, or plea of guilty, if such verdict,
judgment or plea has not been reversed, set aside, or withdrawn,
whether or not sentence has been imposed. [Sec. 3, RA 2629]. 2. The
result of a criminal trial which ends in a judgment or sentence that the
prisoner is guilty as charged. [Torres v. Gonzales, GR 76872. July 23,
1987]. Often denotes the Final judgment of the court. 3. The formal
decision of a criminal trial which finds the accused guilty. It is the
finding of a court that a person has, beyond reasonable doubt,
committed the crime for which he has been accused. It is the ultimate
goal of the prosecution and the result resisted by the defense. Once
convicted, an accused may then be sentenced. [Duhaime's Legal Dict.,
2004]. 4. A judgment of guilt against a criminal defendant. [Glossary of
Cooperation. That assistance which Art. 17 of the Rev. Penal Code
prescribes of an accomplice (that) is knowingly and intentionally given

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and is not possible without prior knowledge of the criminal purpose.
Cooperation clause. Ins. A clause which provides in essence that the
insured shall give all such information and assistance as the insurer
may require, usually requiring attendance at trials or hearings.
Cooperative. 1. A duly registered association of persons with a common
bond of interest who have voluntarily joined together to achieve a
lawful common social and economic end, making equitable
contributions to the capital required and accepting a fair share of the
risks and benefits of the undertaking in accordance with universally
accepted cooperative principles. [Sec. 4, RA 8435]. 2. A duly registered
association of at least fifteen (15) persons, majority of which are poor,
having a common bond of interest, who voluntarily join together to
achieve a lawful common social and economic end. It is organized by
the members who equitably contribute the required share capital and
accept a fair share of the risks and benefits of their undertaking in
accordance with the universally accepted corporate principles and
practices. [Sec. 3, RA 8425]. 3. A duly registered association of
persons, with a common bond of interest, who have voluntarily joined
together to achieve a lawful common social economic end, making
equitable contributions to the capital required and accepting a fair
share of the risks and benefits of the undertaking in accordance with
universally accepted cooperative principles. [Sec. 4, RA 7607].
Cooperative banks. Banks whose owners are farmer's associations or
cooperatives. [Sec. 4, RA 7607].
Cooperative Code of the Philippines. RA 6938 entitled An Act to
Ordain a Cooperative Code of the Philippines enacted on March 10,
1990.
Cooperative Development Authority (CDA). The government
agency in charge of the registration and regulation of cooperatives.
[Art. 5 (8), RA 6938].
Cooperatives. Organizations composed primarily of small agricultural
producers, farmers, farmworkers, or other agrarian reform beneficiaries
who voluntarily organize themselves for the purpose of pooling land,
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operated on the principle of one member, one vote. A juridical person
may be a member of a cooperative, with the same rights and duties as
a natural person. [Sec. 3, RA 6657].
Cooperative settlement training. The training of a group of young
people or farmer families in modern methods in agriculture and
cooperative living and subsequently to organize and locate them in
cooperative settlement. [Sec. 1, Rule 1, Book 2, IRR of LC].
Coordination. Harmonious combination. [Morenos Law Dict., 2000 Ed.,
p. 107].
Coordinator. Also Controller, Supervisor, Encargado or variants
thereof. Any person who exercises control and supervision over the
collector or agent. [Sec. 2, RA 9287].
Co-ownership. 1. The ownership of an undivided thing or right
belonging to different persons. [Art. 484, CC]. 2. A form of trust and
every co-owner is a trustee for the other. In co-ownership, the
relationship of each co-owner to the other co-owners is fiduciary in
character and attribute. Whether established by law or by agreement of
the co-owners, the property or thing held pro-indiviso is impressed with
a fiducial nature that each co-owner becomes a trustee for the benefit
of his co-owners and may not do any act prejudicial to the interest of
his co owners. [Sotto v. Teves, GR L-38018. Oct. 31, 1978].
Copper smelting and refining. The manufacture of copper into basic
forms, such as ingots, bars, billets, sheets, strips, circles, sections, rods
castings and extrusion. [Sec. 2, RA 4095].
Co-production agreement (CA). An agreement entered into between
the Government and one or more contractors in accordance with Sec.
26(b) of RA 7942.
Copy. In the law of trademark, one who knows of another trademark
and knowingly adopts a confusingly similar mark and uses it in the
same or related goods. [Morenos Law Dict., 2000 Ed., p. 107].
Copyright. 1. The exclusive right: (a) to print, reprint, publish, copy,
distribute, multiply, sell, and make photographs, photo-engravings, and
pictorial illustrations of the works; (b) to make any translation or other
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dramatize it if it be a non-dramatic work; to convert it into a
non-dramatic work if it be a drama; to complete or execute if it be a
model or design; (c) to exhibit, perform, represent, produce, or
reproduce, the work in any manner or by any method whatever for
profit or otherwise; it not reproduced in copies for sale, to sell any
manuscript or any record whatsoever thereof; (d) to make any other
use or disposition of the work consistent with the laws of the land.
[Sec. 5, PD 49]. 2. The exclusive right to produce or reproduce (copy),
to perform in public or to publish an original literary or artistic work.
Copyright infringement. Copying a substantial part of the original
work belonging to another. [Morenos Law Dict., 2000 Ed., p. 107].
Coral. 1. The hard calcareous substance made up of the skeleton of
marine coelenterate polyps which include reefs, shelves and atolls or
any of the marine coelenterate animals living in colonies where their
skeletons form a stony mass. [Sec. 4, RA 8550]. 2. Small anemone-like
organisms belonging to Phylum coelenterata which secrete their own
skeletons of various forms that may be hard, soft, stony or horny. [Sec.
3, PD 1219].
Coral reef. A natural aggregation of coral skeleton, with or without living
coral polyps, occurring in intertidal and subtidal marine waters. [Sec. 4,
RA 8550].
Core list. A list of drugs that meets the health care needs of the majority
of the population. [Sec. 3, RA 6675].
Corneal excision. The surgical removal of corneal tissue from cadaver
eyes for the purpose[ of eye banking and transplant. [Sec. 4, DOH
Corneal tissue. For purposes of tissue retrieval and eye banking, it
refers to the entire transparent structure forming the anterior part of
the fibrous tunic of the eye plus 2 to 3 millimeters of scleral tissue. As
such, the tissue would be roughly 15 millimeters diameter and 0.4 to
0.5 millimeters in thickness. [Sec. 4, DOH Admin. Order 11-95].
Coronary. Legal Med. Encircling in the manner of a crown, a term
applied to vessels, ligaments. etc. [Pa-ac v. Itogon-Suyoc Mines, GR
L-35800. July 23, 1987].

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Coronary arteriosclerosis. Legal Med. A condition characterized by a
hardening and thickening of the arteries which supply blood to the
heart muscle. [Bautista v. WCC, GR L-42885. Nov. 23, 1977, citing
Schmidt's Atty.s Dict. of Med., 1965 Sup., p. 96].
Coronary occlusion. Legal Med. The occlusion, or closing off, of a
coronary artery. [Pa-ac v. Itogon-Suyoc Mines, GR L-35800. July 23,
1987]. Commonly referred to as Heart attack.
Coronary thrombosis. Legal Med. The sudden plugging of the artery
by a blood clot developing within the vessel. [Pa-ac v. Itogon-Suyoc
Mines, GR L-35800. July 23, 1987]. Commonly referred to as Heart
attack.
Corporal punishment. A punishment for some violation of conduct
which involves the infliction of pain on, or harm to the body. A fine or
imprisonment is not considered to be corporal punishment (in the latter
case, although the body is confined, no punishment is inflicted upon
the body). The death penalty is the most drastic form of corporal
punishment and is also called Capital punishment. [Duhaime's Legal
Dict., 2004].
Corporate alter ego doctrine. See Piercing the veil of corporate
entity (or fiction) doctrine.
Corporate books and records. Records of all business transactions of
a corporation kept and carefully preserved at its principal office
including the minutes of all meetings of stockholders or members, or of
the board of directors or trustees., in which is set forth in detail the
time and place of holding the meeting, how authorized, the notice
given, whether the meeting was regular or special, if special its object,
those present and absent, and every act done or ordered done at the
meeting. [Sec. 74, Corp. Code].
Corporate enterprise theory. The theory espousing that the
corporation is not merely an artificial being but more of an aggregation
of persons doing business or an underlying business unit. [Claridades,
Corporate existence, commencement of. The date when a private
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commences to have corporate existence and juridical personality and is
deemed incorporated which is reckoned from the date the SEC issues a
certificate of incorporation under its official seal, and there-upon the
incorporators, stockholders or members and their successors shall
constitute a body politic and corporate under the name stated in the
articles of incorporation for the period of time mentioned therein,
unless said period is extended or the corporation is sooner dissolved in
accordance with law. [Sec. 19, Corp. Code].
Corporate franchise. See Primary franchise.
Corporate liquidation. The continuation as a body corporate of a
corporation whose charter expires by its own limitation or is annulled
by forfeiture or otherwise, or whose corporate existence for other
purposes is terminated in any other manner, for three (3) years after
the time when it would have been so dissolved, for the purpose of
prosecuting and defending suits by or against it and enabling it to settle
and close its affairs, to dispose of and convey its property and to
distribute its assets, but not for the purpose of continuing the business
for which it was established. [Sec. 122, Corp. Code].
Corporate officers. Only those officers who are given that character
either by the Corp. Code or the by-laws. [De Leon, Corp. Code of the
Phil. Annotated, 1989 Ed., pp. 192-193].
Corporate offsprings. See subsidiaries.
Corporate opportunity doctrine. The doctrine under which corporate
officers are not permitted to the use their position of trust and
confidence to further their interests. It is precisely a recognition by the
courts that the fiduciary standards could not be upheld where the
fiduciary was acting for two entities with competing interests. This
doctrine rests fundamentally of the unfairness, in particular
circumstances, of an officer or director taking advantage of an
opportunity for his own personal profit when the interest of the
corporation justly calls for protection. [Gokongwei v. SEC, GR L-45911.
Apr. 11, 1979].
Corporate residence. The place stated in the law creating the
corporation or in its Articles of Incorporation. [Morenos Law Dict., 2000
Ed., p. 108].

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Corporate secretary. Officer of a corporation responsible for the official
documents of the corporation such as the official seal, records of shares
issued, and minutes of all board or committee meetings. [Duhaime's
Legal Dict., 2004].
Corporate term. The period within which a corporation shall exist which
shall not exceed fifty (50) years from the date of incorporation unless
sooner dissolved or unless said period is extended. The corporate term
as originally stated in the articles of incorporation may be extended for
periods not exceeding fifty (50) years in any single instance by an
amendment of the articles of in-corporation, in accordance with the
Corporation Code. [Sec. 11, Corp. Code].
Corporation. 1. An artificial being created by operation of law, having
the right of succession and the powers, attributes and proper-ties
expressly authorized by law or incident to its existence. [Sec. 2, Corp.
Code]. 2. An entity separate and distinct from its stockholders. While
not in fact and in reality a person, the law treats a corporation as
though it were a person by process of fiction or by regarding it as an
artificial person distinct and separate from its individual stockholders.
[Remo v. IAC, GR 67626. Apr. 18, 1989].
Corporation aggregate. A corporation composed of several natural
persons. [Diaz, Bus. Law Rev., 1991 Ed., p. 247].
Corporation by estoppel. Persons who assume to act as a corporation
knowing it to be without authority to do so. They are liable as general
partners for all debts, liabilities and damages incurred or arising as a
result thereof. When sued on any transaction entered by it as a
corporation or on any tort committed by it as such, it is estopped from
using as a defense its lack of corporate personality. [Sec. 21, Corp.
Code].
Corporation by prescription. A corporation which has exercised
corporate powers for an indefinite period without interference on the
part of the sovereign power. E.g., Roman Catholic Church. [Claridades,
Corporation Code. BP 68 entitled The Corporation Code of the
Philippines enacted on May 1, 1980.

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Corporation sole. 1. A corporation formed by the chief archbishop,
bishop, priest, minister, rabbi or other presiding elder of such religious
denomination, sect or church for the purpose of administering and
managing, as trustee, the affairs, property and temporalities of any
religious denomination, sect or church. [Sec. 110, Corp. Code]. 2. A
special form of corporation usually associated with the clergy.
Conceived and introduced into the common law by sheer necessity, this
legal creation was designed to facilitate the exercise of the functions of
ownership carried on by the clerics for and on behalf of the church
which was regarded as the property owner [Rep. v. IAC, GR L-75042.
Nov. 29, 1988, citing 1 Bouvier's Law Dict., p. 682-683].
Corporators. Those who compose a corporation,
stockholders or as members. [Sec. 5, Corp. Code].
whether
as
Corpus delicti. 1. The body (material substance) upon which a crime

has been committed, e.g., the corpse of a murdered man or the
charred remains of a house burned down. [Jurists Legal Dict., 2004]. 2.
The body (material substance) upon which a crime has been
committee, e.g., the corpse of a murdered man or the charred remains
of a house burned by an arsonist. [Jurists Legal Dict., 2004]. 3. In a
derivative sense, it means the substantial fact that a crime was
committed. [People v. Lorenzo, GR 110107. Jan. 26, 1995].
Corpus delicti. Elements: (a) That a certain result has been proved, for
example a man has died or a building has been burned, and (b) that
some person is criminally responsible for the act. [People v. Lorenzo,
GR 110107. Jan. 26, 1995].
Correctional penalties. The following are correctional penalties under
the Rev. Penal Code: Prision correccional, arresto mayor, suspension,
destierro, and fine, whether imposed as a single of as an alternative
penalty, which does not exceed 6,000 pesos but is not less than 200
pesos. [Arts. 25-26, RPC].
Corrective damages. See Exemplary damages.
Correlative. A reciprocal or complementary relationship. [Intl. Law Dict.
& Direct., 2004].
Correspondence with hostile country. Crim. Law. The felony
committed by any person who in time of war, shall have

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correspondence with an enemy country or territory occupied by enemy
troops. [Art. 120, RPC].
Correspondent bank. A bank which acts as an agent of another bank,
especially in carrying a deposit balance for the latter. [Intl. Law Dict. &
Direct., 2004].
Corroborative evidence. 1. Evidence which is of a different kind and
character as that already given and tends to prove the same
proposition. [Claridades, A., Compilation of Notes, 2001-2006]. 2.
Supplementary evidence that tends to strengthen or confirm the initial
evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with
Cumulative evidence.
Corrosive. 1. Any substance which on contact with living tissue will
cause destruction of tissue by chemical action. [Art. 4, RA 7394]. 2. Any
substance or material, either liquid, solid or gaseous, which through
chemical reaction wears away, impairs or consumes any object. It shall
include but not limited to alkaline battery fluid packed with empty
storage battery, alkyl chloroformate, alkytrichlorosilane, ammonium
dinitro-orthocresolate and other similar materials and substances. [Sec.
5, RA 6235].
Corrosive liquid. Any liquid which causes fire when in contact with
organic matter or with certain chemicals. [Sec. 3, PD 1185].
Corruption of minors. Crim. Law. The felony committed by any person
who shall promote or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another. [Art. 340, RPC].
Corruption of public officials. Crim. Law. The felony committed by
any person who shall have made the offers or promises or given the
gifts or presents as described in Art. 210 and 211 of the Rev. Penal
Code. [Art. 212, RPC].
Cosas muebles. Sp. Movable chattels. [US v. Carlos, GR 6295. Sep. 1,
1911].
Cosmetics. (a) Articles intended to be rubbed, poured, sprinkled or
sprayed on, introduced into or otherwise applied to the human body or
any part thereof for clean-sing, beautifying, promoting attractiveness,
or altering the appearance, and (b) article intended for use as a

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component of any such article except that such term shall not include
soap. [Art. 4, RA 7394].
Cost and freight (C & F). 1. Shipment contracts. The term means that
the price fixed includes in a lump sum the cost of the goods and freight
to the named destination. It simply means that the seller must pay the
costs and freight necessary to bring the goods to the named
destination but the risk of loss or damage to the goods is transferred
from the seller to the buyer when the goods pass the ship's rail in the
port of shipment. [Filipino Merchants Ins. Co., INC. v. CA, GR 85141.
Nov. 28, 1989]. 2. The terms in a contract of sale of goods whereby
the seller must pay the cost and freight necessary to bring the goods to
the named port of destination. [Intl. Law Dict. & Direct., 2004].
Cost, insurance and freight (CIF). The terms in a contract of sale of
goods whereby the seller must pay the costs and freight necessary to
bring the goods to a named port of destination, and must also procure
marine insurance against the buyer's risk of loss to the goods during
the carriage. [Intl. Law Dict. & Direct., 2004].
Cost of acquisition. The indication of the amount of outlay that the
government spent or paid for acquiring the property. [Memo. from the
Exec. Sec. dated Aug. 20, 1998].
Cost of living index adjustment clauses. Clauses widely used in
commercial contracts (the purpose of which is) to maintain fiscal
stability and to retain (real peso) value to the price terms of long term
contracts. [Banco Filipino Savings and Mortgage Bank v. Navarro, GR
L-46591. July 28, 1987].
Cost of services. All direct costs and expenses necessarily incurred to
provide the services required by the customers and clients including (a)
salaries and employee benefits of personnel, consultants and specialists
directly rendering the service and (b) cost of facilities directly utilized in
providing the service such as depreciation or rental of equipment used
and cost of supplies. [Sec. 27, NIRC, as amended].
Costs. 1. Costs shall include fees and indemnities in the course of the
judicial proceedings, whether they be fixed or unalterable amounts
previously determined by law or regulations in force, or amounts not
subject to schedule. [Art. 37, RPC]. 2. The expenses of prosecuting or
defending a lawsuit, other than the attorney fees. An amount of money

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may be awarded to the successful party (and may be recoverable from
the losing party) as reimbursement for court costs. [Jurists Legal Dict.,
2004].
Cottage industry. A modest economic activity for profit using primarily
indigenous raw materials in the production of various articles that
generally involve craftsmanship, artistic skills and the tradition of the
country. [EO 917, Oct. 15, 1983].
Cottage or handicraft establishment. One engaged in an economic
endeavor in which the products are primarily done in the home or such
other places for profit which requires manual dexterity and
craftsmanship and whose capitalization does not exceed P500,000,
regardless of previous registration with the defunct NACIDA. [Sec. 1,
Cotton Industry Development Law of 1998. RA 8486 entitled An
Act merging the Philippine Cotton Corporation and the Cotton Research
and Development Institute into a Cotton Development Administration,
vesting it with regulatory powers and appropriating funds for the
purpose enacted on Feb. 11, 1998.
Counsel. 1. An adviser, a person professionally engaged in the trial or
management of a cause in court; a legal advocate managing a case at
law; a lawyer appointed or engaged to advise and represent in legal
matters a particular client, public officer, or public body. [Webster's 3rd
New Intl. Dict., 1966, p. 518]. 2. A legal adviser; a term used to refer
to lawyers in a case. [Glossary of Legal Terms (Pro-Se), 2004].
Counselor. An attorney at law; one or more attorneys representing
parties in an action. [Ballantine's Law Dict., 3rd Ed., 1969, p. 278].
Counsel de oficio. A lawyer or attorney appointed by the court to
represent a party, usually an indigent defendant, in a criminal case.
[Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 8]. See also
Court-appointed attorney.
Counsel fee. A fee obligated to be paid by a client in favor of his lawyer.
Counsel guarantee. The assurance of the assistance of counsel.

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Countercharge. A charge in answer to another charge or against the
accuser. [Morenos Law Dict., 2000 Ed., p. 109].
Counterclaim. 1. Any claim for money or other relief which a defending
party may have against an opposing party. A counterclaim need not
diminish or defeat the recovery sought by the opposing party, but may
claim relief exceeding in amount or different in kind from that sought
by the opposing party's claim. [Sec. 6, Rule 6, RoC]. 2. A claim made
by the defendant in a civil lawsuit against the plaintiff. In essence, a
counter lawsuit within a lawsuit. [Glossary of Legal Terms (Pro-Se),
2004].
Counterfeit. To forge; to copy or imitate, without authority or right, and
with a view to deceive or defraud, by passing the copy or thing forged
for that which is original or genuine. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 184].
Counterfeit access device. Any access device that is counterfeit,
fictitious, altered, or forged, or an identifiable component of an access
device or counterfeit access device. [Sec. 3, RA 8484].
Counterfeiting, importing and uttering instruments not payable
to bearer. Crim. Law. The felony committed by any person who shall
forge, import or utter, in connivance with the forgers or importers, any
instrument payable to order or other document of credit not payable to
bearer. [Art. 167, RPC].
Counterfeiting the great seal of the Government of the
Philippines, forging the signature or stamp of the Chief
Executive. Crim. Law. The felony committed by any person who shall
forge the Great Seal of the Government of the Philippines or the
signature or stamp of the Chief Executive. [Art. 161, RPC].
Counterfeit product. Any consumer product which, or the container or
labeling of which, without authorization, bears the trade-mark, trade
name, or other identifying mark, imprint, or device, or any likeness
thereof, of a consumer product manufacturer, processor, packer,
distributor, other than the person or persons who in fact manufactured,
processed, packed or distributed such product and which thereby
falsely purports or is represented to be the product of, or to have been

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packed or distributed by such consumer product manufacturer,
processor, packer, or distributor. [Art. 4, RA 7394].
Countervailing duty. A duty levied in an amount equal to the
ascertained or estimated amount of the bounty, subsidy or subvention
granted by the foreign country on the production, manufacture or
exportation into the Philippines of any article likely to injure an industry
in the Philippines or retard or considerably retard the establishment of
such industry. [Sec. 302, TCC].
Countervailing measures. A duty specifically levied to offset a subsidy.
Counting center. A public place designated by the Commission on
Election where counting of votes and canvassing/consolidation of
results shall be conducted. [Sec. 2, RA 8436].
Counting machine. A machine that uses optical scanning/mark sense
reading device or any similar advanced technology to count ballots.
[Sec. 2, RA 8436; Sec. 2, RA 8046].
Country. Pol. Law. Any independent political unit or sovereign nation,
territory, colony and political or territorial subdivision. [Sec. 2, PD
1433].
Countryside and barangay business enterprise. Any business
entity, association, or cooperative registered under the provisions of RA
6810, otherwise known as "Magna Carta For Countryside And Barangay
Business Enterprises (Kalakalan 20)." [Sec. 131, RA 7160].
Coup d'etat. Fr. A swift attack accompanied by violence, intimidation,
threat, strategy or stealth, directed against duly constituted authorities
of the Republic of the Philippines, or any military camp or installation,
communications network, public utilities or other facilities needed for
the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or
persons, belonging to the military or police or holding any public office
of employment with or without civilian support or participation for the
purpose of seizing or diminishing state power. [Art. 134-A, RPC, as
amended by RA 6968].

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Coup d'etat law. RA 6968 entitled An Act punishing the crime of coup
d'etat by amending Arts. 134, 135 and 136 of Chapter One, Title Three
of Act Numbered Thirty-eight Hundred and Fifteen, otherwise known as
the Rev. Penal Code, and for other purposes enacted on Oct. 24,
1990.
Coupon bond. Corp. Law. One to which are attached coupons for the
several successive installments of interest accruing on the bond to
maturity. The coupons are simple promissory notes that entitle the
holder to interest when due; such coupons may be detached and
negotiated separately and once detached and negotiated cease to be
mere incidents of the bond and become independent claims. [Martin,
69, citing 9 CJ Sec. 79].
Court. 1. A body in government to which the administration of justice is
delegated. [Glossary of Legal Terms (Pro-Se), 2004]. 2. As referred to
in Art. 6 of the Model Law, the term shall mean a RTC. [Sec. 3, RA
9285].
Court-annexed mediation. Any mediation process conducted under
the auspices of the court, after such court has acquired jurisdiction of
the dispute. [Sec. 3, RA 9285].
Court-appointed attorney. Attorney appointed by the court to
represent a defendant, usually with respect to criminal charges and
without the defendant having to pay for the representation. [Glossary
of Legal Terms (Pro-Se), 2004]. See also Counsel de oficio.
Court costs. The expenses of prosecuting or defending a lawsuit, other
than the attorney fees. An amount of money may be awarded to the
successful party (and may be recoverable from the losing party) as
reimbursement for court costs. [Jurists Legal Dict., 2004].
Court martial. A military court set up to try and punish offenses taken
by members of the army, navy or air force. [Duhaime's Legal Dict.,
2004].
Court of admiralty. A rather archaic term used to denote the court
which has the right to hear shipping, ocean and sea legal cases. Also
known as Maritime law. [Duhaime's Legal Dict., 2004].

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Court of Industrial Relations Act. Commonwealth Act No. 103, as
amended. [Expressly repealed by the Labor Code].
Court of origin or original jurisdiction. A court where a matter is
initiated and heard in the first instance; a trial court. [Glossary of Legal
Court of record. 1. A court which is bound to keep a record of its
proceedings for a perpetual memorial and testimony thereof. [Melgar v.
Delgado, GR 30892. July 22, 1929, citing 2 Cyc., 657-658]. 2. A court in
which the proceedings are recorded, transcribed, and maintained as
permanent records. [Jurists Legal Dict., 2004].
Court-referred mediation. Mediation ordered by a court to be
conducted in accordance with the Agreement of the Parties when as
action is prematurely commenced in violation of such agreement. [Sec.
3, RA 9285].
Courts of equity. See Equity, courts of.
Court stenographer. A person who transcribes by shorthand or
stenographically takes down testimony during court proceedings, a
deposition, or other trial-related proceeding. [Jurists Legal Dict., 2004].
May also be called Court reporter.
Covenant. 1. An international compact which has binding effect, usually
on many States. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p.
492].2. A written document in which signatories either commit
themselves to do a certain thing, to not do a certain thing or in which
they agree on a certain set of facts. [Duhaime's Legal Dict., 2004].
Covered institution. Pursuant to the Anti-Money Laundering Act of
2001 (RA 9160), the term refers to: (a) banks, non-banks, quasi-banks,
trust entities, and all other institutions and their subsidiaries and
affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP); (b) insurance companies and all other institutions supervised or
regulated by the Insurance Commission; and (c) (i) securities dealers,
brokers, sales-men, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor,
or consultant, (ii) mutual funds, close and investment companies,
common trust funds, pre-need companies and other similar entities, (iii)
foreign exchange corporations, money changers, money payment,

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remittance, and transfer companies and other similar entities, and (iv)
other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects,
cash substitutes and other similar monetary instruments or property
supervised or regulated by SEC. [Sec. 3, RA 9160].
Covered transaction. Pursuant to the Anti-Money Laundering Act of
2001 (RA 9160), the term refers to a single, series, or combination of
transactions involving a total amount in excess of P4,000,000.00 or an
equivalent amount in foreign currency based on the prevailing
exchange rate within five (5) consecutive banking days except those
between a covered institution and a person who, at the time of the
transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or
those with an underlying legal or trade obligation, purpose, origin or
economic justification. It like-wise refers to a single, series or
combination or pattern of unusually large and complex transactions in
excess of P4,000,000.00 especially cash deposits and in-vestments
having no credible purpose or origin, underlying trade obligation or
contract. [Sec. 3, RA 9160].
Cover note. 1. A note which may be issued to bind insurance
temporarily pending the issuance of the policy. Within sixty days after
the issue of the cover note, a policy shall be issued in lieu thereof,
including within its terms the identical insurance bound under the cover
note and the premium therefor. [Sec. 52, IC]. 2. A contract and not a
mere application for insurance and is deemed integrated to the regular
policies subsequently issued. [Pacific Timber v. CA, GR L-38613. Feb.
25, 1982].
Craft. Chicanery resorted to by the accused to aid in the execution of his
criminal design. It is employed as a scheme in the execution of the
crime. [People v. Zea, GR L-23109. June 29, 1984].
Credibility of a witness. Guiding rules: (a) the appellate court will not
disturb the factual findings of the lower Court, unless there is a
showing that it had overlooked, misunderstood or misapplied some fact
or circumstance of weight and substance that would have affected the
result of the case [People v. Ablaza, GR L-27352, 31 Oct. 1969, 30
SCRA 173]; (b) the findings of the trial court pertaining to the credibility
of a witness is entitled to great respect since it had the opportunity to
examine his demeanor as he testified on the witness stand, and,

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therefore, can discern if such witness is telling the truth or not [People
v. Amoncio, GR L-49069, 22 June 1983, 122 SCRA 686]; and (c) a
witness who testifies in a categorical, straightforward, spontaneous and
frank manner and remains consistent on cross-examination is a credible
witness [People v. Barros, GR L-34249, 3 May 1983, 122 SCRA 34].
Credible evidence. 1. Evidence which is not only admissible evidence
but also believable and used by the court in deciding a case.
Credible persons. The term, as used in the Revised Naturalization Law,
means not only an individual who has not been previously convicted of
a crime; who is not a police character and has no police record; who
has not perjured in the past; or whose affidavit or testimony is not
incredible. What must be credible is not the declaration made, but the
person making it. This implies that such person must have a good
standing in the community; that he is known to be honest and upright;
that he is reputed to be trustworthy and reliable; and that his word
may be taken on its face value. [In Re: Gaw Ching v. Rep., GR
L-19419. Sep. 30, 1964].
Credible witness. 1. A witness who testifies in a categorical,
straight-forward, spontaneous and frank manner and remains
consistent. [People v. Rosare, GR 118823. Nov. 19, 1996]. 2. One who,
being competent to give evidence, is worthy of belief. [Torres, Oblig. &
Cont., 2000 Ed., p. 350].
Credit. 1. Any loan, mortgage, financial lease, deed of trust, advance or
discount, any conditional sales contract, contract to sell, or sale or
contract of sale of property or service, either for present or future
delivery, under which, part of all or the price is payable subsequent to
the making of such sale or contract; any contract, any option, demand,
lien or pledge, or to the other claims against, or for the delivery of,
property or money, any purchase, or other acquisition of or any credit
upon the security of, any obligation or claim arising out of the
foregoing, and any transaction or series of transactions having similar
purpose or effect. [Sec. 3, RA 8556; Sec. 3, RA 5980]. 2. A sum
credited on the books of a company to a person who appears to be
entitled to it. It presupposes a creditor-debtor relationship, and may be
said to imply ability, by reason of property or estates to make a
promised payment [Rep. v. PNB, GR L-16106. Dec. 30, 1961, citing In
Re Ford, 14 F. 2nd 848, 849]. 3. That which is due to a person, as

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distinguished from debit, that which is due by him. Claim or cause of
action for specific sum of money. An entry on the right-hand side of an
account. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 210]. Compare with
Debit.
Creditable service. That which is sufficiently good to bring esteem,
deserving of praise. [Ramos v. Diaz, GR L-24521. Dec. 11, 1967].
Credit card. 1. Any card, plate, coupon book, or other credit device
existing for the purpose of obtaining money, goods, property, labor or
services or any thing of value on credit. [Sec. 3, RA 8484]. 2. Any card,
plate, coupon book or other credit device existing for the purpose of
obtaining money, property, labor or services on credit. [Art. 4, RA
7394].
Credit cooperative. One which promotes thrift among its members and
creates funds in order to grant loans for productive and provident
purposes. [Art. 23, RA 6938].
Credit enhancement. Any legally enforceable scheme intended to
improve the marketability of the asset-backed securities (ABS) and
increase the probability that the holders of the ABS receive payment of
amounts due them under the ABS in accordance with the plan for
securitization as approved by the SEC. [Sec. 3, RA 9267].
Credit line. The maximum amount which a bank agrees to Lend in a
Lump sum or by several payments to the customer, and which may be
overdrawn by promissory notes. [Gobonseng v. CA, GR 111797. July
17, 1995, citing Agaton Sibal, Phil. Legal Encyc. 195 (1986 Ed.)].
Creditor. 1. A person to whom a debt is owed by another. [Jurists Legal
Dict., 2004]. 2. Any person engaged in the business of extending credit
and shall include any person who as a regular business practice makes
loans or sells or rents property or services on a time, credit or
installment basis, either as principal or as agent who requires as an
incident to the extension of credit, the payment of a finance charge.
[Art. 4, RA 7394].
Credit risks. Possible non-payment of credit granted to a foreign
customer by the insured in connection with an export transaction
resulting from or occasioned by circumstances, happenings or events
which are outside or beyond the control of the insured as follows: (a)

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Insolvency or protracted default of the foreign customer; (b)
governmental action under circumstances not due to the fault of the
buyer which prevents the transfer of payment to exporters; (c) new
import or export licensing restrictions in the country of the foreign
customer or of the insured; (d) moratoria, war, revolution, civil
disturbances, or similar circumstances which prevent the payment of
accepted goods and or services; and (e) such other risks connected
with export transactions on deferred payment, except against risks of
devaluation or changes in the exchange rate and against risks that are
normally insured with commercial insurers licensed to do business in
the Philippines such as fire, marine, casualty, accident, fidelity, surety,
and physical damage. [Sec. 3, RA 6424].
Credit sale. A sale of products, services or an interest in land to a
person on credit where a debt is payable in installments or a finance
charge is imposed and includes any agreement in the form of a
bailment of products or lease of products or real property if the bailee
or lessee pays or agrees to pay compensation for use a sum
substantially equivalent to or in excess of the aggregate value of the
products or real property involved and it is agreed that the bailee or
lessee will become, or for no other or a nominal consideration has the
option to become, the owner of the products or real property upon full
compliance with the terms of the agreement. [Art. 4, RA 7394].
Credit transaction. 1. A transaction between a natural person and a
creditor in which real or personal property, services or money acquired
on credit and the person's obligation is payable in installment. [Art. 4,
RA 7394]. 2. All transactions involving the purchase or loan of goods,
services, or money in the present with a promise to pay or deliver in
the future. [De Leon, Comments and Cases on Credit Trans., 1999 Ed.,
p. 1].
Creek. A recess or arm extending from a river and participating in the
ebb and flow of the sea; a property belonging to the public domain
which is not susceptible to private appropriation and acquisitive
prescription, and as a public water, it cannot be registered under the
Torrens System in the name of any individual. [Diego v. CA, 102 Phil.
494; Mangaldan v. Manaoag, 38 Phil. 455].
Crew. The aggregate of seamen who man a ship or vessel. [Morenos
Law Dict., 2000 Ed., p. 112].

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

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include crimes against humanity and crimes against peace. [Intl. Law
Criminal action. An action one by which the State prosecutes a person
for an act or omission punishable by law. [Sec. 3(b), Rule 1, RoC].
Criminal contempt. Conduct that is directed against the dignity and
authority of the court or a judge acting judicially; it is an act obstructing
the administration of justice which tends to bring the court into
disrepute or disrespect. [People v. Godoy, GR 115908-09. Mar. 29,
1995]. Compare with Civil contempt.
Criminal jurisdiction. The authority to hear and try a particular offense
and impose the punishment for it. [People v. Mariano, GR L-40527.
June 30, 1976].
Criminal jurisdiction. Elements: (a) Territorial jurisdiction; (b)
jurisdiction over the subject matter; and (c) jurisdiction over the person
of the accused. [Albano, Rem. Law Reviewer, 1st Ed., p. 11-12].
Criminal justice system. The network of courts and tribunals which
deal with criminal law and its enforcement. [Glossary of Legal Terms
(Pro-Se), 2004].
Criminal law. That body of the law that deals with conduct considered
so harmful to society as a whole that it is prohibited by statute,
prosecuted and punished by the government. [Duhaime's Legal Dict.,
2004].
Criminal liability. The obligation to serve the personal or imprisonment
penalties (and) the liability to pay the fines or pecuniary penalties.
[Petralba v. Sandiganbayan, GR 81337. Aug. 16, 1991].
Criminal liability. Requisites: (a) That an international felony has been
committed, and (b) that the wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony committed by the
offender. [People v. Iligan, 191 SCRA 643, 651 (1990), citing People v.
Mananquil, 132 SCRA 196, 207 (1984)].
Criminal liability, modes of extinguishing. Art. 89 of the Rev. Penal
Code enumerates the causes that totally extinguish criminal liability as
follows: (a) the death of the convict, as to the personal penalties; and

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as to pecuniary penalties, liability therefore is extinguished only when
the death of the offender occurs before final judgment; (b) service of
the sentence; (c) amnesty, which completely extinguishes the penalty
and all its effects; (d) absolute pardon; (e) prescription of the crime; (f)
prescription of the penalty; (g) the marriage of the offended woman, as
provided in Art. 344 of the Code. [Tangan v. People GR L-73963. Nov.
5, 1987].
Criminal negligence. The quasi offense under Art. 365 of the Rev.
Penal Code (resulting from) the execution of an imprudent or negligent
act that, if intentionally done, would be punishable as a felony. The law
penalizes the negligent or careless act, not the result thereof. [People
v. Buan, GR L-25366. Mar. 29, 1968]. See Reckless imprudence.
Criminal procedure. Part of remedial law which provides for the
apprehension, prosecution, conviction or acquittal, as the case may be,
of a person who is accused of having committed a crime. [Suarez,
Intro. to Law, 1995 3rd Ed., p. 233].
Criminal prosecutions. Proceedings before the trial court from
arraignment to rendition of the judgment. [People v. Jose, GR L-28232.
Feb. 6, 1971].
Critically endangered species. A species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future.
[Sec. 5, RA 9147].
Critical circumstances. Circumstances where there is prima facie
evidence that increased imports, where there absolute or relative to
domestic production, are a substantial cause of serious injury or threat
thereof to the domestic industry and that delay in taking action under
RA 8800 would cause damage to the industry that would be difficult to
repair. [Sec. 4, RA 8800].
Critical watershed. A drainage area of a river system supporting
existing and proposed hydro-electric power and irrigation works
needing immediate rehabilitation as it is being subjected to a fast
denudation causing accelerated erosion and destructive floods. It is
closed from logging until it is fully rehabilitated. [Sec. 3, PD 705].

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Cropper. One who is employed to cultivate land, receiving as his
compensation a share of the crops. [Abig v. Constantino, GR L-12460.
May 31, 1961].
Crop zonification. Geographical delineation of suitable area for the
production of specific crops based on the following criteria: soil and
climate conditions; infrastructure and support services; and local and
external demands within specific periods of time. [Sec. 2, PD 2032].
Cross-claim. 1. Any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter either of the
original action or of a counter-claim therein. Such cross-claim may
include a claim that the party against whom it is asserted is or may be
liable to the cross-claimant for all or part of a claim asserted in the
action against the cross-claimant. [Sec. 7, Rule 6, RoC]. 2. A pleading
which asserts a claim arising out of the same subject action as the
original complaint against a co-party, i.e., one co-defendant cross
claims against another co-defendant for contribution for any damages
assessed against him. [Glossary of Legal Terms (Pro-Se), 2004].
Crossed check. A check crossed with two (2) lines, between which are
either the name of a bank or the words and company, in full or
abbreviated. In the former case, the banker on whom it is drawn must
not pay the money for the check to any other than the banker named;
in the latter case, he must not pay it to any other than a banker.
[Gempesaw v. CA, GR 92244. Feb. 9, 1993, citing Black's Law Dict. 301
(4th Ed.)].
Cross-examination. Evid. 1. The cross-examination of the witness by
the adverse party, upon the termination of the direct examination, as to
any matter stated in the direct examination, or connected therewith,
with sufficient fullness and freedom to test his accuracy and
truthfulness and freedom from interest or bias, or the reverse, and to
elicit all important facts bearing upon the issue. [Sec. 6, Rule 132,
RoC]. 2. The questioning of a witness produced by the other side.
[Glossary of Legal Terms (Pro-Se), 2004]. Compare with Direct
examination.
Crude oil. Also Crude. 1. Oil in its natural state before the same has
been refined or otherwise treated, but excluding water, bottoms,
sediments and foreign substances. [Sec. 4, RA 8479]. 2. Oil in its
natural state before the same has been refined or otherwise treated. It

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does not include oil produced through destructive distillation of coal,
bituminous shales or other stratified deposits, either in its national state
or after the extraction of water, and sand or other foreign substances
there-from. [Sec. 3, PD 87].
Crude oil exported. This includes not only crude oil exported as such
but also indigenous crude oil refined in the Philippines for export. [Sec.
3, PD 87].
Cruel punishment. Punishment which is flagrantly and plainly
oppressive, wholly disproportionate to the nature of the offense as to
shock the moral sense of the community. [People v. Estoista, GR
L-5793. Aug. 27, 1953].
Cruelty. 1. This occurs when the wrong done in the commission of the
crime is deliberately augmented by causing another wrong which is not
necessary for its commission. [People v. Llabres, GR 74294-96. Aug. 4,
1993, citing Art. 14 (21), RPC]. 2. The intentional and malicious
infliction of physical or mental suffering upon living creatures,
particularly human beings; or, as applied to the latter, the wanton,
malicious, and unnecessary infliction of pain upon the body, or the
feelings and emotions; abusive treatment; inhumanity; outrage.
Cryogenic. Descriptive of any material which by its nature or as a result
of its reaction with other elements produces a rapid drop in
temperature of the immediate surroundings. [Sec. 3, PD 1185].
CSC. See Civil Service Commission.
CTA. Court of Tax Appeals.
Cuadrilla. Sp. 1. A band. 2. More than three armed malefactors acting
together in the commission of the offense. [People v. Atencio, GR
L-22518. Jan. 17, 1968].
Cuadrilla. Sp. Indispensable components: (a) at least four malefactor
and (b) all of the four malefactors are armed. [People v. Apduhan, Jr.,
GR L-19491. Aug. 30, 1968].
Cuando el marido translade su residencia. Sp. When the husband
shall transfer his residence." A phrase referring to another positive act

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

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delay, and those who in any manner contravene the tenor thereof.
Culpa extra-contractual. See Quasi-delict.
Culpa in eligiendo. Lat. Own negligence in the selection of employees.
Culpa in vigilando. Lat. Own negligence in the supervision over ones
employees. [Morenos Law Dict., 2000 Ed., p. 115].
Culpa lata. Lat. Gross negligence. It is more than just simple negligence
and includes any action or an omission in reckless disregard of the
consequences to the safety or property of another. [Duhaime's Legal
Dict., 2004].
Culpa lata dolo aequiparatur. Lat. Gross negligence is equivalent to
intentional wrong. [Balatbat v. CA, GR 109410. Aug. 28, 1996].
Cultivate or culture. Any act of knowingly planting, growing, raising, or
permitting the planting, growing or raising of any plant which is the
source of a dangerous drug. [Sec 3, RA 9165].
Cultivation. The concept is not limited to the plowing or harrowing of
the soil as in rice and corn fields. Cultivation includes all activities
designed to promote the growth and care of the plants or trees and
husbanding the earth, by general industry, so that it may bring forth
more products or fruits. [Cuao v. CA, GR 107159. Sep. 26, 1994].
Cultural properties. Old buildings, monuments, shrines, documents,
and objects which may be classified as antiques, relics, or artifacts,
landmarks, anthropological and historical sites, and specimens of
natural history which are of cultural, historical, anthropological or
scientific value and significance to the nation; such as physical, and
anthropological,
archaeological
and
ethnographical
materials,
meteorites and tektites; historical objects and manuscripts; house and
agricultural implements; decorative articles or personal adornment;
works of art such as paintings, sculptures, carvings, jewelry, music,
architecture, sketches drawings or illustrations in part or in whole;
works of industrial and commercial art such as furniture, pottery,
ceramics, wrought iron, gold, bronze, silver, wood or other heraldic
items, metals, coins, medals, badges, insignias, coat of arms, crests,

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flags, arms, and armor; vehicles or ships or boats in part or in whole.
[Sec. 3, RA 4846].
Culture. See Cultivate.
Cumulative. Constituted by accumulation; acquiring or increasing in
force by successive additions. [Legasto v. CA, GR 76854-60. Apr. 25,
1989, citing Oxford Univ. Dict.].
Cumulative constitution. Const. Law. A constitution which is a product
of gradual political development. [Suarez, Pol. Law Reviewer, 1st Ed.,
2002, pp. 9]. Compare with Conventional constitution.
Cumulative evidence. Evidence which is of the same kind and
character as that already given and tends to prove the same
proposition. [Claridades, A., Compilation of Notes, 2001-2006].
Compare with Corroborative evidence.
Cumulative preferred shares. Corp. Law. Those which entitle the
holder to payment not only of current dividends but also of back
dividends not previously paid, when and if dividends are declared, to
the extent stipulated, before holders of common shares are paid. [Diaz,
Bus. Law Rev., 1991 Ed., p. 249]. Compare with Non-cumulative
preferred shares.
Cumulative sentences. Sentences for two or more crimes to run
consecutively, rather than concurrently. [Jurists Legal Dict., 2004].
Cumulative voting. 1. Corp. Law. Voting by which a stockholder is
entitled to cast such number as the number of shares outstanding
entitled to vote in his name times the total number of directors to be
elected which shall be equal. [Diaz, Bus. Law Rev., 1991 Ed., p. 258].
2. Intl. Law. A system of voting by which a voter, having a number of
votes equal to the offices to be filled, may concentrate the whole
number upon one candidate, or may distribute them as he sees fit.
Cunnilingus. Legal Med. Sexual gratification attained by licking the
female genitalia. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare
with Fellatio.

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Curative or remedial statutes. They are remedial by curing defects
and adding to the means of enforcing existing obligations. The rule in
regard to curative statutes is that if the thing omitted or failed to be
done, and which constitutes the defect sought to be removed or made
harmless, is something the legislature might have dispensed with by a
previous statute, it may do so by a subsequent one. Curative statutes
are intended to supply defects, abridge superfluities in existing laws,
and curb certain evils. They are intended to enable a person to carry
into effect that which they have designed and intended, but has failed
of expected legal consequence by reason of some statutory disability or
irregularity in their own action. They make valid that which, before the
enactment of the statute, was invalid. [Frivaldo v. Comelec, GR 120295.
June 28, 1996, citing Agpalo, Stat. Con., 2nd Ed. (1990), 270-271].
Currency. All Philippine notes and coins issued or circulating in
accordance with the provisions of RA 7653. [Sec. 49, RA 7653].
Current operating expenditures (COE). 1. Appropriations for the
purchase of goods and services for current consumption or for benefits
expected to terminate within the fiscal year. [Sec. 2, Chap. 1, Book VI,
EO 292]. 2. Appropriations for the purchase of goods and services for
current consumption within the fiscal year, including the acquisition of
furniture and equipment of nominal value usually used in the conduct
of normal government operations. [Sec. 14, PD 477].
Current school fees. The tuition and other school fees collected or
charged by private schools, colleges and universities as approved,
indicated and published in their respective prospectuses, bulletins of
information, or catalogues. [Sec. 1, Rule II, PD 451].
Currit tempus contra decides et sui juris contemptores. Lat. Time
runs against the slothful and those who neglect their rights. [Morenos
Law Dict., 2000 Ed., p. 116].
Curtain board. A vertical panel of non-combustible or fire resistive
materials attached to and extending below the bottom chord of the roof
trusses, to divide the underside of the roof into separate compartments
so that heat and smoke will be directed upwards to a roof vent. [Sec. 3,
PD 1185].
Curtilage of dwelling. A space necessary and convenient, habitually
used for family purposes and for carrying on a domestic employment.

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The yard, garden or field which is near to and used in connection with
the dwelling. [Morenos Law Dict., 2000 Ed., p. 116].
Custodia legis. In the custody of the law. [Claridades, A., Compilation
of Notes, 2001-2006]. Also In custodia legis.
Custodial investigation. Also In custody investigation. Any
questioning initiated by law enforcement officers after a person has
been taken into custody or otherwise deprived of his freedom of action
in any significant way. [Navallo v. Sandiganbayan, GR 97214. July 18,
1994].
Custody. 1. It has been held to mean nothing less than actual
imprisonment. It is also defined as the detainer of a person by virtue of
a lawful authority, or the care and possession of a thing or person.
[People v. Donato, GR 79269. June 5, 1991, citing Bouviers Law Dict.,
3rd Ed, Vol. I, pp. 741-742]. 2. The actual or constructive possession or
control of supplies or property. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC]. 3. Detaining of a person by lawful process or authority to
assure his appearance to any hearing; the jailing or imprisonment of a
person convicted of a crime. [Glossary of Legal Terms (Pro-Se), 2004].
Custom. A rule of conduct formed by repetition of acts, uniformly
observed (practiced) as a social rule, legally binding and obligatory.
[Yao Kee v. Sy-Gonzales, 167 SCRA 736 (1988)].
Customary laws. A body of written and/or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted
and
observed
by
respective
Indigenous
Cultural
Communities/Indigenous Peoples (ICCs/IPs). [Sec. 4, RA 8371].
Customs. A duty imposed on imports or exports. [Garcia v. Exec. Sec.,
GR 101273. July 3, 1992, citing Cooley, on Taxation, p. 3].
Customs duties. 1. The name given to taxes on the importation and
exportation of commodities, the tariff or tax assessed upon
merchandise imported from, or exported to, a foreign country. [Garcia
v. Exec. Sec., GR 101273. July 3, 1992]. 2. Taxes imposed on goods
exported from or imported into a country. [De Leon, Fundamentals of
Taxation, 2000 Ed., p. 21].

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Cutting cycle. The number of years between major harvests in the
same working unit and/or region, within a rotation. [Sec. 3, PD 705].
-DDacion en pago. Also Adjudication or Dation in payment. The

transmission of the ownership of a thing by the debtor to the creditor
at an accepted equivalent of the performance of an obligation [8
Manresa 324, cited in 4 Tolentino Commentaries & Jurisp. on the Civil
Code of the Phil., 282 (1973)].
DAIF. Drawn against insufficient funds. [Claridades, A., Compilation of
Notes, 2001-2006].
Daily time record. The record of the time an employee reported for the
day. [Morenos Law Dict., 2000 Ed., p. 118].
Daily wage. A labor contract whereby a worker is paid daily for his labor
alone. [Morenos Law Dict., 2000 Ed., p. 118].
Damage and obstruction to means of communication. Crim. Law.
The felony 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 contradistinguished from Damages. The loss or harm
suffered by one person or his property. [Ancheta, The Law on
Obligations and Contracts, Rev. Ed., p. 239].

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Damages. 1. The sum of money which the law awards or imposes as
pecuniary compensation, recompense, or satisfaction for an injury done
or a wrong sustained as a consequence either of a breach of a
contractual obligation or a tortuous act. [Torres, Oblig. & Cont., 2000
Ed., p. 315]. 2. A cash compensation ordered by a court to offset losses
or suffering caused by another's fault or negligence. Damages are a
typical request made of a court when persons sue for breach of
contract or tort. [Duhaime's Legal Dict., 2004]. 3. Money awarded by a
court to a person injured by the unlawful actor negligence of another
person. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with
Injury.
Damages. Kinds: Damages may be: (a) actual or compensatory; (b)
moral; (c) nominal; (d) temperate or moderate; (e) liquidated; or (f)
exemplary or corrective. [Art. 2197, CC].
Damnum absque injuria. Lat. 1. Damage without injury. Damage or
injury inflicted without injustice. Loss or damage without violation of a
legal right. A wrong done to a man for which the law provides no
remedy. [Escano v. CA, 100 SCRA 197; Atienza v. Comelec, 239 SCRA
298]. 2. Damage or loss which does not constitute a violation of a legal
right or amount to a legal wrong is not actionable. [Globe MacKay v.
CA, GR 81262. Aug. 25, 1989].
Damper. A normally open device installed inside an air duct system
which automatically closes to restrict the passage of smoke or fire.
[Sec. 3, PD 1185].
Dance hall. See Cabaret.
Dancing school. Any establishment where ballroom dancing is taught
and permitted to the public in consideration of an enrollment,
admission, membership, or any other fees. [Sec. 1, PD 426].
Dangerous drugs. 1. Those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention
on Psychotropic Substances as enumerated in RA 9165. [Sec 3, RA
9165]. 2. The term refers to either Prohibited drug or Regulated drug.
[Sec. 2, RA 6425].

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Dangerous drugs, illegal sale of. Elements: (a) Identity of the buyer
and the seller, the object, and consideration; and (b) the delivery of the
thing sold and the payment therefor. [People v. Zervoulakos, GR
103975. Feb. 23, 1995].
Dangerous drugs, selling of. Any act of giving away any dangerous
drug and/or controlled precursor and essential chemical whether for
money or any other consideration. [Sec 3, RA 9165].
Dangerous drugs, trading of. Transactions involving the illegal
trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but not limited to,
text messages, email, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a broker in any of such
transactions whether for money or any other consideration in violation
of RA 9165. [Sec 3, RA 9165].
Dangerous drugs, use of. Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing, smoking, sniffing,
eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs. [Sec 3,
RA 9165].
Dangerous tendency doctrine. The doctrine that states that if the
words uttered create a dangerous tendency which the state has a right
to prevent, then such words are punishable. It is not necessary that
some of the definite or immediate acts or force, violence, or
unlawfulness be advocated, It is sufficient that such acts be advocated
in general terms. Nor is it necessary that the language used be
reasonably calculated to incite persons to acts of force, violence, or
unlawfulness. It is sufficient if the natural tendency and probable effect
of the utterance be to bring about the substantive evil; which the
legislative body seeks to prevent. [Cabansag v. Fernandez, 102 Phil.
152, citing Gitlow v. New York 268 U.S. 652]. Compare with Clear and
present danger rule and Balancing test.
Dao emergente. Sp. The value of the loss suffered. [Art. 2000, CC].
See also Lucro cesante.
Data storage device. A device used to electronically store counting and
canvassing results, such as a memory pack or diskette. [Sec. 2, RA
8436].

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

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opposition of persons or of factions (as in government or a voting
body); standstill. [Webster's 3rd New Intl. Dict., 1986 Ed., p. 580]. 2. A
complete blocking or stoppage resulting from the action of equal and
opposed forces; as, the dead-lock of a jury or legislature. [Webster's
New 20th Century Dict., 2nd Ed., p. 465]. 3. The word is synonymous
with the word impasse, [Burton's Legal Thesaurus, 1980 Ed., p. 133]
which, within the meaning of the American federal labor laws,
presupposes reasonable effort at good faith bargaining which, despite
noble intentions, does not conclude in agreement between the parties.
[NLRB v. Bancroft, 635 F. 2d 492 (1981)].
Deadlock bar rule. Labor. The rule (which) simply provides that a
petition for certification election can only be entertained if there is no
pending bargaining deadlock submitted to conciliation or arbitration or
had become the subject of a valid notice of strike or lockout. The
principal purpose is to ensure stability in the relationship of the workers
and the management. [NACUSIP v. Trajano, GR 67485. Apr. 10, 1992].
Deadly weapon. Any weapon or instrument made and designed for
offensive or defensive purposes, or for the destruction of life or the
infliction of injury; or one which, from the manner used, is calculated or
likely to produce death or serious bodily harm. [People v. Alfeche, GR
124213. Aug. 17, 1998, citing Black's Law Dict., 5th Ed., 359].
Dead man statute. Also Survivorship disqualification rule. Evid.
The rule that parties or assignors of parties to a case, or persons in
whose behalf a case is prosecuted, against an executor or administrator
or other representative of a deceased person, or against a person of
unsound mind, upon a claim or demand against the estate of such
deceased person or against such person of unsound mind, cannot
testify as to any matter of fact occurring before the death of such
deceased person or before such person became of unsound mind. [Sec.
23, Rule 130, RoC].
Dead slow ahead. A maritime maneuver equivalent to three to four
miles per hour. [Morenos Law Dict., 2000 Ed., p. 120].
Deal. To do a distributing or retailing business or to have intercourse on
business relations. [Asbestos Integrated Manufacturing, Inc. v. Peralta,
GR L-45515. Oct. 29, 1987, citing Webster's New Collegiate Dict.].

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

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and it cannot be ascertained who actually killed the deceased. [Art.
251, RPC].
Death caused in a tumultuous affray. Elements: That: (a) there be
several persons; (b) that they did not compose groups organized for
the common purpose of assaulting and attacking each other
reciprocally; (c) these several persons quarreled and assaulted one
another in a confused and tumultuous manner; (d) someone was killed
in the course of the affray; (e) it cannot be ascertained who actually
killed the deceased; and (f) that the person or persons who inflicted
serious physical injuries or who used violence can be identified. [Sison
v. People, GR 108280-83. Nov. 16, 1995, citing II Reyes, Rev. Penal
Code, 436 (1993)].
Death or physical injuries inflicted under exceptional
circumstances. Crim. Law. The felony committed by any legally
married person who having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of
them or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury. [Art. 247, RPC].
Death penalty. This is the most severe form of corporal punishment as
it is requires law enforcement officers to kill the offender. [Claridades,
A., Compilation of Notes, 2001-2006]. Also known as Capital
punishment.
Death Penalty Law. RA 7659 entitled An Act to impose the death
penalty on certain heinous crimes, amending for that purpose the
revised penal laws, and for other purposes enacted on Dec. 13, 1993.
Debenture bonds. Corp. Law. Bonds not secured by any specific
property but by the general credit of the issuing corporation. [Diaz,
Bus. Law Rev., 1991 Ed., p. 269].
Debenture shares. Corp. Law. Those which are more of certificates of
indebtedness not guaranteed by any property of the issuing
corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Debit. A sum charged as due or owing. An entry made on the asset side
of a ledger or account. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 210].
Compare with Credit.

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Debitum pro debito. Lat. New debt for old debt. Basically,
extinguishing the old obligation for the new one. [Reyes v. CA, GR
120817. Nov. 4, 1996].
Debt. An obligation to pay money at some fixed future time, or at a time
which becomes definite and fixed by acts of either party and which they
expressly or impliedly, agree to perform in the contract. [Lirag Textile
v. SSS, GR L-33205. Aug. 31, 1987].
Debt bondage. The pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not
clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt. [Sec. 3, RA
9208].
Debtor. 1. A person who owes money, goods or services to another, the
latter being referred to as the creditor. 2. One who owes a debt to
another. [Glossary of Legal Terms (Pro-Se), 2004].
Decedent. 1. The general term applied to the person whose property is
transmitted through succession, whether or not he left a will. If he left
a will, he is also called the testator. [Art. 775, CC]. 2. The deceased
person whose estate is under consideration. [Torres, Oblig. & Cont.,
2000 Ed., p. 349].
Deceit. The false representation of a matter of fact whether by words or
conduct, by false or misleading allegations, or by concealment of that
which should have been disclosed which deceives or is intended to
deceive another so that he shall act upon it to his legal injury. [People
v. Castillo, 76 Phil. 72 (1946)].
Deceits, other. Crim. Law. The felony committed by any person who
shall defraud or damage another by any other deceit not mentioned in
Art. 317 of the Rev. Penal Code; or by any person who, for profit or
gain, shall interpret dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other similar manner.
[Art. 318, RPC].
Decentralization. Pol. Law. Devolution of national administration but
not power to the local levels. [Ganzon v. CA, GR 93252. Aug. 5,
1991]. Compare with Devolution.

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Decentralization of administration. Pol. Law. The delegation by the
central government of administrative powers to political subdivisions in
order to broaden the base of government power and in the process to
make local governments more responsive and accountable and ensure
their fullest development as self-reliant communities and make them
more effective partners in the pursuit of national development and
social progress. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989, citing
Art. XI, Sec. 1 and Art X, sec. 3, 1987 Const., and Sec. 2, BP 337].
Decentralization of power. Pol. Law. An abdication of political power
in favor of local governments units declared to be autonomous. In that
case, the autonomous government is free to chart its own destiny and
shape its future with minimum intervention from central authorities.
According to a constitutional author, decentralization of power amounts
to self-immolation, since in that event, the autonomous government
be-comes accountable not to the central authorities but to its
constituency. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989, citing
Bernas, "Brewing storm over autonomy," The Manila Chronicle, pp,
4-5].
Decibel. A measure of the intensity or level of sound. [Morenos Law
Dict., 2000 Ed., p. 123].
Decision. 1. The whole or any part of the final disposition, not of an
interlocutory character, whether affirmative, negative, or injunctive in
form, of an agency in any matter, including licensing, rate fixing and
granting of rights and privileges. [Sec. 2, Chap. 1, Book VII, EO 292].
2. The opinion of the court in concluding a case at law. [Glossary of
Legal Terms (Pro-Se), 2004]. 3. The determination of the court which
disposes of the case after hearing the parties. [Torres, Oblig. & Cont.,
2000 Ed., p. 349].
Declaration. Intl. Law. (a) The title of a body of stipulations of a treaty,
according to which the parties undertake to pursue in the future a
certain line of conduct; (b) A unilateral statement which may create
rights and duties for other States; and (c) a description of an action
taken when a State communicates with other States, or an explanation
and justification of a line of conduct pursued by them in the past, or an
explanation of views and intentions concerning certain matters. [Coquia

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Declaration against interest. Evid. 1. The declaration made by a
person deceased, or outside of the Philippines, or unable to testify,
against the interest of the declarant, if the fact asserted in the
declaration was at the time it was made so far contrary to the
declarant's own interest, pecuniary or moral, that a reasonable man in
his position would not have made the declaration unless he believed it
to be true, which may be received in evidence against himself or his
successors-in-interest and against third persons. [Sec. 38, Rule 130,
RoC]. 2. A declaration against the interest of the person making it
which is admissible in evidence, notwithstanding its hearsay character,
if the declaration is relevant and the declarant has died, become
insane, or for some other reason is not available as a witness. The true
test in reference to the reliability of the declaration is not whether it
was made ante litem motam, as is the case with reference to some
classes of hearsay evidence, but whether the declaration was uttered
under circumstances justifying the conclusion that there was no
probable motive to falsify. [Fitzsimmons v. Atlantic, Gulf & Pacific Co.,
GR L-2016. Aug. 23, 1949, citing 20 Am. Jur., Evid., Sec. 556, pp.
467-468]. Compare with Self-serving declarations.
Declaration against interest. Evid. Requisites for admissibility: (a) the
declarant must not be available to testify; (b) the declaration must
concern a fact cognizable by the declarant; and (c) the circumstances
must render it improbable that a motive to falsify existed. [GR 111692.
Feb. 9, 1996].
Declaration of presumptive death. Requisites: 1. That the absent
spouse has been missing for four consecutive years, or two consecutive
years if the disappearance occurred where there is danger of death
under the circumstances laid down in Art. 391, Civil Code; 2. That the
pre-sent spouse wishes to remarry; 3. That the present spouse has a
well-founded belief that the absentee is dead; and 4. That the present
spouse files a summary proceeding for the declaration of presumptive
death of the absentee. [Rep. v. Nolasco, GR 94053. Mar. 17, 1993].
Declaration of trust. An act by which a person acknowledges that the
property, title to which he holds, is held by him for the use of another
[De Leon v. Molo-Peckson, GR L-17809. Dec. 29, 1962, citing Griffith v.
Maxfield, 51 S.W. 832, 66 Ark. 513, 521].
Declaratory act. An act declaratory of what the law was before its
passage, so as to give it any binding weight with the courts. A

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legislative definition of a word as used in a statute is not conclusive of
its meaning as used elsewhere; otherwise, the legislature would be
usurping a judicial function in defining a term. [Endencia v. David, GR
L-6355-56. Aug. 31, 1953, citing 11 Am. Jur., 914].
Declaratory doctrine. Intl. Law. Doctrine that holds that the legal
existence of a state or government happens automatically by operation
of law. [Intl. Law Dict. & Direct., 2004].
Declaratory judgment. Rem. Law. A statutory remedy for judicial
determination of a controversy where plaintiff is in doubt about his
legal rights. [Glossary of Legal Terms (Pro-Se), 2004].
Declaratory relief. Rem. Law. 1. An action which any person interested
under a deed, will, contract, or other written instrument, or whose
rights are affected by a statute, executive order or regulation, or
ordinance, may, before breach or violation thereof, bring to determine
any question of construction or validity arising under the instrument or
statute and for a declaration of their rights or duties thereunder.
[Mirando v. Wellington Ty & Bros., GR L-44062. Feb. 16, 1978]. 2.
Preventive and anticipatory remedy whereby a person asks the court to
declare his rights or duties under a contract or law. There is no breach
of contract or violation of law but there is a genuine controversy
thereunder. What makes this special civil action distinct is that the court
only makes a declaration about the rights or duties of the parties, but
no executory process follows. [Claridades, A., Compilation of Notes,
2001-2006].
Declaratory relief. Rem. Law. Requisites: (a) the existence of a
justiciable controversy; (b) the controversy is between persons whose
interests are adverse; (c) that the party seeking the relief has a legal
interest in the controversy; and (d) that the issue invoked is ripe for
judicial determination. [Intl. Hardwood v. UP, 200 SCRA 554, 569
(1991); Galarosa v. Valencia, 227 SCRA 728, 737 (1993)].
Declared absence. The judicial declaration of absence of a person after
the lapse of two years without any news about the absentee or since
the receipt of the last news, and five years in case the absentee has left
a person in charge of the administration of his property. [Art. 384, CC].
Compare with Provisional absence.

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Decline. To take a downward direction. [Tatad v. Sec. of Energy, GR
124360. Nov. 5, 1997, citing Webster, New 3rd Intl. Dict., 1993 Ed., p.
586].
Decompensated state. The condition resulting from the failure of the
heart to circulate the blood adequately. The failure may be due to heart
disease, obstruction in the blood vessels, etc. The condition is marked
by edema (swelling), shortness of breath (dyspnea), discoloration of
the skin, etc. [Marte v. ECC, GR L-46362. Mar. 31, 1980, citing
Schmidt's Atty.s Dict. of Med., p. 215].
Decree. 1. A formal declaration of a court or other competent authority
and is usually in written form. [Torres, Oblig. & Cont., 2000 Ed., p.
349]. 2. An order of the court. A final decree is one that fully and finally
disposes of the litigation. [Glossary of Legal Terms (Pro-Se), 2004].
Decree of Registration. A decree issued and entered by the (Land
Registration Authority), pursuant to an order of the court after the
decision rendered by it in a registration case has become final.
[Claridades, A., Compilation of Notes, 2001-2006]. It is properly called
a Judicial decree.
Deductible clause. A clause in an insurance policy providing that the
insured will absorb the first part of the loss (e.g., first P500) with the
insurer paying the excess. [Morenos Law Dict., 2000 Ed., p. 124].
Deed. 1. A document which transfers ownership of real property.
[Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. A written and signed
document which sets out the things that have to be done or
recognitions of the parties towards a certain object. [Duhaime's Legal
Dict., 2004].
Deed of warranty. Also Warranty deed. A deed which guarantees
that the title conveyed is good and its transfer rightful. [Glossary of
Deem. To accept a document or an event as conclusive of a certain
status in the absence of evidence or facts which would normally be
required to prove that status. For example, in matters of child support,
a decision of a foreign court could be deemed to be a decision of the
court of another for the purpose of enforcement. [Duhaime's Legal
Dict., 2004].

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Deemed paid tax credit. A tax credit granted to a foreign mother
corporation for the amount of dividend tax actually paid (i.e., withheld)
from the dividend remittances by the local corporation to its mother
corporation. [Morenos Law Dict., 2000 Ed., p. 124].
Deep seabed. The seabed and ocean floor and its subsoil beyond the
limits of national jurisdiction (also called the area). [Intl. Law Dict. &
Direct., 2004].
Deep-sea fishing. Commercial fishing in sea and inland waters using
any tonnage of fishing vessels of our three tones gross capacity,
licensed by the Bureau of Fisheries. [Sec. 2, RA 4095].
Deface. To destroy, to efface or erase. [Morenos Law Dict., 2000 Ed., p.
124].
Defacing or tampering with a serial number. The erasing,
scratching, altering or changing of the original factory-inscribed serial
number on the motor vehicle engine, engine block or chassis of any
motor vehicle. Whenever any motor vehicle is found to have a serial
number on its motor engine, engine block or chassis which is different
from that which is listed in the records of the Bureau of Customs for
motor vehicles imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered with serial number. [Sec. 2,
RA 6539].
De facto. Lat. As a matter of fact. Something which, while not
necessarily lawful or legally sanctified, exists in fact. A common law
spouse may be referred to a de facto wife or de facto husband:
although not legally married, they live and carry on their lives as if
married. A de facto government is one which has seized power by force
or in any other unconstitutional method and governs in spite of the
existence of a de jure government. [Duhaime's Legal Dict., 2004].
De facto corporation. A corporation claiming in good faith to be a
corporation under the Corporation Code. Its due incorporation and its
right to exercise corporate powers shall not be inquired into collaterally
in any private suit to which such corporation may be a party. Such
inquiry may be made by the Solicitor General in a quo warranto
proceeding. [Sec. 20, Corp. Code]. Compare with De jure
corporation.

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De facto dissolution. Corp. Law. One which takes place in substance
and in fact when the corporation by reason of insolvency, cessation of
business or otherwise, suspends all operation and it goes into
liquidation still retaining its primary franchise to be a corporation.
De facto government. Pol. Law. 1. That government that gets
possession and control of, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself against the
will of the latter; or, that which is established and maintained by
military forces who invade and occupy a territory of the enemy in the
course of war, and which is denominated a government of paramount
force (more aptly denominated as Government of paramount
force). [Co Chan v. Tan Keh, 75 Phil. 113. Sep. 17, 1945]. 2. (a) An
unrecognized government; especially one that has not been formally
recognized. (b) An effective government; one that is in factual control
of a territory and people. (c) A government that maintains itself, at
least temporarily, by the use of force against the will of a de jure
government. [Intl. Law Dict. & Direct., 2004]. Compare with De jure
government.
De facto officer. Admin. Law. An officer who derives his appointment
from one having colorable authority to appoint, if the office is an
appointive office, and whose appointment is valid on its face. One who
is in possession of an office, and is discharging its duties under color of
authority, by which is meant authority derived from an appointment,
however irregular or informal, so that the incumbent be not a mere
volunteer. [Dimaandal v. COA, GR 122197. June 26, 1998, citing Phil.
Law Dict., p. 162].
De facto separation. A separation of the spouses without any
agreement. [Morenos Law Dict., 2000 Ed., p. 120].
Defalcation. 1. Defaulting on a debt or other obligation such to account
for public or trust funds. Usually used in the context of public officials.
2. Defalcation has another legal meaning referring to the setting-off of
two debts owed between two people by the agreement to a new
amount representing the balance. [Duhaime's Legal Dict., 2004].
Defamation. 1. An attack on the good reputation of a person, by
slander or libel. [Duhaime's Legal Dict., 2004]. 2. That which tends to

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injure a person's reputation. [Jurists Legal Dict., 2004]. See Libel and
Slander.
Default. 1. Civ. Law. The non-performance of a duty, whether arising
under a contract or otherwise. [Torres, Oblig. & Cont., 2000 Ed., p.
349]. 2. Rem. Law. Failure of the defendant to appear and answer the
summons and complaint. [Glossary of Legal Terms (Pro-Se), 2004].
Default. Civ. Law. Requisites: (a) that the obligation be demandable and
already liquidated; (b) that the debtor delays performance; and (c) that
the creditor requires the performance judicially and extrajudicially. [SSS
v. Moonwalk Devt. & Housing Corp., GR 73345. Apr. 7, 1993].
Default. Rem. Law. Remedies available to a defaulted party. Under the
Rules of Court, there are several remedies available to a defaulted
party, namely: (a) A party declared in default may, at anytime after
notice thereof and before judgment, file a motion under oath to set
aside the order of default upon proper showing that his failure to
answer was due to fraud, accident, mistake or excusable negligence,
and that he has a meritorious defense [Sec. 3 (b), Rule 9]; (b) If the
judgment has already been rendered when the defendant discovered
the default, but before the same has become final and executory, he
may file a motion for new trial under Sec. 1 (a) of Rule 37; (c) If the
defendant discovered the default after the judgment has become final
and executory, he may file a petition for relief under Sec. 2, Rule 38;
and (d) He may also appeal provided the decision is not yet final, from
the judgment rendered against him as contrary to the evidence or to
the law, even if no motion to set aside the order of default had been
presented by him. [Tiburcio v. Castro GR L-58997, May 28, 1988, as
modified by the 1997 Rules of Civil Proc.].
Default declaration. If the defending party fails to answer with-in the
time allowed therefor, the court shall, upon motion of the claiming
party with notice to the defending party, and proof of such failure,
declare the defending party in default. Thereupon, the court shall
proceed to render judgment granting the claimant such relief as his
pleading may warrant, unless the court in its discretion requires the
claimant to submit evidence. [Sec. 3, Rule 9, RoC].
Default judgment. A judgment entered against a party who fails to
appear in court or respond to the charges. [Glossary of Legal Terms
(Pro-Se), 2004].

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Default or delinquency charge. With respect to a consumer credit
transaction, the penalty charge payable by the consumer-debtor for
failure to pay an amount or installment in full on the date the same
becomes due and demandable, or on or before the period specified for
the purpose in the consumer credit sale documents. [Art. 4, RA 7394].
Default order, effect of. 1. A party in default shall be entitled to notice
of subsequent proceedings, but not to take part in the trial. [Sec. 3(a),
Rule 9, RoC]. 2. A defendant who has been declared in default loses his
standing in court as party litigant. Before the order of default is
vacated, said defendant has no right to expect that his pleadings would
be acted upon by the court. [Tan v. Dimayuga, GR L-15241. July 31,
1962].
Defeasance. A side-contract which contains a condition which, if
realized, could defeat the main contract. The common English usage of
the word Defeasance has also become acceptable in law, referring to a
contract that is susceptible to being declared void as in immoral
contracts are susceptible to defeasance." [Duhaime's Legal Dict., 2004].
Defective bid. A bid which complies with the advertised descriptions
and specifications but not with the terms and conditions in the
invitation to bid. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Defendant. 1. The term may refer to the original defending party, the
defendant in a counterclaim, the cross-defendant, or the 3rd (4th, etc.)
party defendant. [Sec. 1, Rule 3, RoC]. 2. The person, company or
organization who defends a legal action taken by a plaintiff and against
whom the court has been asked to order damages or specific corrective
action redress some type of unlawful or improper action alleged by the
plaintiff. [Duhaime's Legal Dict., 2004]. 3. The person defending or
denying a suit. [Glossary of Legal Terms (Pro-Se), 2004].
Defense. That which is offered and alleged by the party proceeded
against in an action or suit, as a reason in law or fact why the plaintiff
should not recover or establish what he seeks. That which is put
forward to diminish plaintiffs cause of actio or defeat recovery.
Evidence offered by accused to defeat criminal charge. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 218].

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Defense of property. Affirmative defense in criminal law or tort law
where force was used to protect one's property. [Jurists Legal Dict.,
2004].
Defense of relatives. Elements: (a) Unlawful aggression; (b)
reasonable necessity of the means employed to prevent or repel it; and
(c) the person defending the relative had no part in provoking the
assailant, should due provocation have been given by the person
attacked. [People v. Agapinay, GR 77776. June 27, 1990].
Defense of stranger. Elements: (a) unlawful aggression; (b)
reasonable necessity of the means employed to prevent or repel it; and
(c) the person defending be not induced by revenge, resentment, or
other evil motive. [Masipequia v. CA, GR L-51206. Aug. 25, 1989].
Defensive wound. Hand wound produced by defensive grappling to
avoid more serious wounds, such as one who would normally use his
hands in parrying off the thrust or stabbing blow of an assailant.
Deferred shares. Corp. Law. Those which are entitled to dividends after
payment of holders of common shares. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 250].
Deficiency. (a) The amount by which the tax imposed by this Chapter II
of RA 84824 exceeds the amount shown as the tax by the donor upon
his return; but the amount so shown on the return shall first be
increased by the amount previously assessed (or collected without
assessment) as a deficiency, and decreased by the amounts previously
abated, refunded or otherwise repaid in respect of such tax, or (b) if no
amount is shown as the tax by the donor, then the amount by which
the tax exceeds the amounts previously assessed (or collected without
assessment) as a deficiency, but such amount previously assessed, or
collected without assessment, shall first be decreased by the amount
previously abated, refunded or otherwise repaid in respect of such tax.
[Sec. 104, NIRC, as amended].
Deficiency judgment. A judgment for the balance of the indebtedness
after applying the proceeds of the sale of the mortgaged property to
such indebtedness and is necessarily filed after the fore-closure
proceedings. [Caltex Phils. v. IAC, GR 74730. Aug. 25, 1989].

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Deficient. Incomplete; defective; not sufficient in quantity or force.
Definitive judgment. 1. A judgment no longer subject to change,
revision, amendment, or reversal [Miranda v. CA, 71 SCRA 295 (1976)],
and the court loses jurisdiction over it, except to order its execution.
[PY Eng Chong v. Herrera, 70 SCRA 130 (1976)]. 2. A decision (which)
must purport to decide finally the rights of the parties upon the issue
submitted, by specifically denying or granting the remedy sought by the
action. [Cu Unjieng E. Hijos v. The Mabalacat Sugar Co., 70 Phil. 39
(1940), citing 33 CJ, 1102].
Deflation. The reduction in volume and circulation of the available
money or credit, resulting in a de-cline of the general price level. It is
the opposite of inflation. [Diaz, Bus. Law Rev., 1991 Ed., p. 41].
Deflation of currency. See Extraordinary inflation.
Defloration. Legal Med. The laceration or rupture of the hymen as a
result of sexual intercourse. [Olarte, Legal Med., 1st Ed. (2004), p.
124].
Deforciant. 1. A party who fails and refuses to turn over what in law
belongs to another. [Morenos Law Dict., 2000 Ed., p. 125]. 2. A tenant
withholding the property unlawfully "after the expiration or termination
of the right to hold possession by virtue of any contract, express or
implied. [Co Tiamco v. Diaz, GR L-7. January 22, 1946].
Deformity or disfigurement. Visible ugliness, permanent and visible
physical abnormality. [People v. Balubar, GR 40940. Oct. 9, 1934, citing
5 Viada, Codigo Penal Comentado, 144].
Defunct. A corporation no longer operative; having ceased to exist.
Degree programs. College and university courses leading to at least a
Bachelor's degree. [Sec. 1, PD 932] Compare with Non-degree
programs.
Dehors. Fr. Outside. In the context of legal proceedings, it refers to that
which is irrelevant or outside the scope of the debate. [Duhaime's Legal
Dict., 2004].

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De jure. Lat. Of the law. Total adherence of the law. For example, a de
jure government is one which has been created in respect of
constitutional law and is in all ways legitimate even though a de facto
government may be in control. [Duhaime's Legal Dict., 2004].
De jure corporation. A corporation exiting in fact and in law. [De Leon,
Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with De
facto corporation.
De jure government. 1. A recognized government. [Claridades, A.,
Compilation of Notes, 2001-2006]. 2. A government established
according to the constitution of the state and lawfully entitled to
recognition. [Intl. Law Dict. & Direct., 2004]. Compare with De facto
government.
Delay. Also Mora. The failure to perform an obligation on the date
specified after a judicial or extra-judicial demand which failure amounts
to a violation of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 6].
Delay. To prolong the time of or before; to stop, detain or hinder for a
time, or cause someone or something to be behind in schedule or usual
rate of movement in progress. [Lufthansa German Airlines v. CA, GR
83612. Nov. 24, 1994, citing Webster's 3rd New Intl. Dict., p. 595].
Delay. Kinds: (a) mora solvendi or the delay on the part of the debtor to
fulfill his obligation (to give or to do); mora accipiendi or the delay on
the part of the creditor to accept the performance of the obligation;
and (c) compensatio morae or delay committed by both parties in
reciprocal obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 6].
Delaying release. Crim. Law. The felony committed by any public
officer or employee who delays for the period of time specified in Art.
124 of the Rev. Penal Code the performance of any judicial or executive
order for the release of a prisoner or detention prisoner, or unduly
delays the service of the notice of such order to said prisoner or the
proceedings upon any petition for the liberation of such person. [Art.
126, RPC].
Delay in the delivery of detained persons to the proper judicial
authorities. Crim. Law. The felony committed by a public officer or
employee who shall detain any person for some legal ground and shall

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fail to deliver such person to the proper judicial authorities within the
period of; twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent and
thirty-six (36) hours, for crimes, or offenses punishable by afflictive or
capital penalties, or their equivalent. [Art. 125, RPC].
Delectus personae. Lat. Choice of the person. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 221].
Delectus personae doctrine. The doctrine that allows the partners to
have the power, although not necessarily the right, to dissolve the
partnership. [Ortega v. CA, GR 109248. July 3, 1995].
Delectus personarum principle. Under this principle, it is required
that for a partner to associate another with him in his share in the
partnership, the consent of all the partners is necessary. This is
because of the mutual trust among the partners and that this is the
case of subjective novation when there is a change in the parties to a
contract. Their consent thereto is necessary in order to bind them.
[Albano, Civil Law Reviewer, Rev. Ed., p. 412, citing Art. 1804, CC].
Delegacion. 1. A form of novation whereby the debtor offers and the
creditor accepts a third person who consents to the substitution and
assumes the obligation, so that the intervention and the consent of
these three persons are necessary. [De Cortes v. Venturanza, GR
L-26058. Oct. 28, 1977, citing 8 Manresa 436-437, cited in IV Civil Code
of the Phil. by Tolentino, 1962 Ed., p. 360]. 2. A kind of novation by
which the original debtor, in order to be liberated from his creditor,
gives him a third person who becomes obliged in his stead to the
creditor. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Compare with
Expromision.
Delegated jurisdiction. Jurisdiction given to a person, as distinguished
from ordinary jurisdiction which is attached by law to an office. [Roman
Catholic Apostolic Administrator of Davao, Inc. v. Land Regist. Comm.,
GR L-8451. Dec. 20, 1957]. Compare with Ordinary jurisdiction.
Delegation of legislative power. The statutory grant of rule-making
power to administrative agencies (which is) a valid exception to the rule
on non-delegation of legislative power provided two conditions concur,
namely: a) the statute is complete in itself, setting forth the policy to be

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executed by the agency, and b) said statute fixes a standard to which
the latter must conform. [Cebu Inst. Of Tech. V. Ople, GR L-58870.
Dec. 18, 1987].
Delegatus non potest delegare. Also Delegati potestas non potest
delegare. Lat. A delegated power may not be further delegated. 1.
One of the pivotal principles of administrative law: that a delegate
cannot delegate. In other words, a person to whom an authority or
decision-making power has been delegated to from a higher source,
cannot, in turn, delegate again to another, unless the original
delegation explicitly authorized it. [Duhaime's Legal Dict., 2004]. 2. The
person to whom an office or duty is delegated cannot lawfully devolve
the duty on another. [City Lumber v. Domingo, GR L-18611. Jan. 30,
1964].
Delict. From Lat. delictum: a fault. Any private wrong or injury, or a
minor public wrong or injury. [Intl. Law Dict. & Direct., 2004].
Delinquency. 1. Failure or omission of duty, a fault, a misdeed, an
offense, a misdemeanor, a crime. [Padilla v. City of Pasay, GR L-24039.
June 29, 1968]. 2. The commission of an illegal act by a juvenile.
Delinquency charge. See Default charge.
Delito complejo. Sp. A crime arising from an offense being a necessary
means for committing another, which is referred to in the second clause
of Art. 48, Rev. Penal Code. [Ponce-Enrile v. Salazar, GR 92163. June 5,
1990]. Sp. See Complex crime proper.
Delito compuesto. Sp. The complex crime defined under the first
clause of Art. 48. of the Rev. Penal Code. It arises from a single
physical act resulting in simultaneous (or almost simultaneous) injury to
two (2) or more victims. [People v. Mision, GR 63480. Feb. 26, 1991].
See Compound crime.
Delito continuado. Sp. Continued or continuous crime. In appearance,
a delito continuado consists of several crimes but in reality there is only
one crime in the mind of the perpetrator. [Defensor-Santiago v.
Garchitorena, GR 109266. Dec. 2, 1993, citing Guevarra, Commentaries
on the Rev. Penal Code, 1957 Ed., p. 102].

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Delito continuado. Sp. Requisites: There should be a (a) plurality of
acts performed during a period of time; (b) unity of penal provision
violated; and (c) unity of criminal intent or purpose, which means that
two or more violations of the same penal provisions are united in one
and the same intent or resolution leading to the perpetration of the
same criminal purpose or aim. [Defensor-Santiago v. Garchitorena, GR
109266. Dec. 2, 1993, citing II Derecho Penal, p. 520; I Aquino, Rev.
Penal Code, 630, 1987 Ed.].
Delito de habito. Sp. Habitual delinquency. [People v. Blanco, GR
L-2700. Jan. 13, 1950].
Deliver (a dangerous drug). 1. Any act of knowingly passing a
dangerous drug to another, personally or otherwise, and by any means,
with or without consideration. [Sec 3, RA 9165]. 2. A person's act of
knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration. [Sec. 2,
RA 6425].
Delivered price. See Cash price.
Delivery. Also Tradition. 1. Voluntary transfer of possession from one
person to another. [Sec. 58, Act 2137]. 2. Transfer of possession,
actual or constructive, from one person to another. [Sec. 191, NIL]. 3.
The act by which the res or subject is placed in the actual or
constructive possession or control of another. [Onapal Phils. v. CA, GR
90707. Feb. 1, 1993].
Delivery now, pay later. An arrangement between buyer and seller
which is in essence sales on account. [Morenos Law Dict., 2000 Ed., p.
127].
Delivery of personal property. See Replevin.
Delivery of prisoners from jails. Crim. Law. The felony committed by
any person who shall remove from any jail or penal establishment any
person confined therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. [Art. 156, RPC].
Del tiempo de su condena. Sp. From the period of his sentence.
[Baking v. Dir. of Prisons, GR L-30364. July 28, 1969].

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Delusions. Legal Med. 1. False ideas that cannot be corrected by
reasoning, and that are idiosyncratic for the patient - that is, not part of
his cultural environment. They are among the common symptoms of
schizophrenia. [People v. Rafanan, GR 54135. Nov. 21, 1991]. 2. A
false or erroneous belief in something which is not a fact. [Olarte, Legal
Med., 1st Ed. (2004), p. 148].
Delusion test. Legal Med. The test under which an insane person
believes in a state of things, the existence of which no rational person
would believe. [People v. Dungo, GR 89420. July 31, 1991]. Compare
with Irresistible impulse test and Right and wrong test.
Demand. 1. The assertion of a legal right; a legal obligation asserted in
court. An imperative request preferred by one person to another, under
a claim of right, requiring the latter to do or yield something or to
abstain from some act. 2. To request payment of a debt or amount
due. [Blacks Law Dict., Abr. 5th Ed. (1983), pp. 223-224]. 3. In the
rescission of a sale of immovable property, (the term) refers to an
authentic notice that the vendor takes the option of resolving the
contract, or if it pleases him, to harmonize their spirit with the letter of
the Civil Code, to a demand that the vendor makes upon the vendee for
the latter to agree to the resolution of the obligation and to create no
obstacle to this contractual mode of extinguishing obligations.
Demand deposits. All those liabilities of the Bangko Sentral and of
other banks which are denominated in Philippine currency and are
subject to payment in legal tender upon demand by the presentation of
checks. [Sec. 58, RA 7653].
Demand draft. A bill of exchange payable on demand. [Rep. v. PNB, GR
L-16106. Dec. 30, 1961, citing Arnd v. Aylesworth, 145 Iowa 185].
Demand letter. A letter from a lawyer, on behalf of a client, that
demands payment or some other action, which is in default. Demand
letters are not always prerequisites for a legal suit but there are
exceptions such as legal action on promissory notes or if the contract
requires it. Basically, a demand letter sets out why the payment or
action is claimed, how it should be carried out (e.g., payment in full),
directions for the reply and a deadline for the reply. Demand letters are
often used in business contexts because they are a courtesy attempt to
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prompt payment, avoiding expensive litigation. A demand letter often
contains the threat that if it is not adhered to, the next communication
between the parties will be through a court of law in the form of formal
legal action. [Duhaime's Legal Dict., 2004].
Demarcated areas. Fisheries Law. Boundaries defined by markers and
assigned exclusively to specific individuals or organizations for certain
specified and limited uses such as aquaculture, sea ranching and sea
farming; fish aggregating devices; fixed and passive fishing gears; and
fry and fingerlings gathering. [Sec. 4, RA 8550].
Demarche. Intl. Law . A word coined by the diplomatic community and
referring to a strongly worded warning by one country to another and
often, either explicitly or implicitly, with the threat of military
consequence. Demarches are often precursors to hostilities or war. In
Sep. 1996, for example, US President Clinton issued a demarche to
Iraqi President Saddam Hussein when intelligence reports showed
troops massing along the border of Kurd communities. [LawInfo Legal
Dictionary (2005)].
Demeanor. As respects a witness or other person, relates to physical
appearance; outward bearing or behavior. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 224].
Dementia. Legal Med. A form of insanity resulting from degeneration or
disorder of the brain characterized by general mental weakness,
forgetfulness, loss of coherence and total inability to reason but not
accompanied by delusion or uncontrollable impulse. [Olarte, Legal
Med., 1st Ed. (2004), p. 147].
Dementia senilis. Legal Med. The phrase signifies only a general
weakening of a mind previously normal. [Claridades, A., Compilation of
Notes, 2001-2006].
De minimis non curat lex. Lat. The law takes no account of trifles. A
common law principle whereby judges will not sit in judgment of
extremely minor transgressions of the law. [Matute v. Cheong Boo, GR
L-11109. Jan. 7, 1918].

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Demise. A conveyance of an estate to another for life, for years, or at
will. A lease or conveyance for a term of years. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 224].
Demise charter. Also Bareboat. Mar. Law. 1. A charter involving the
transfer of full possession and control of the vessel for the period
covered by the contract, the charterer obtaining the right to use the
vessel and carry whatever cargo it chooses, while manning and
supplying the ship as well. [Maritime Agencies & Services, Inc. v. CA,
GR 77638. July 12, 1990]. 2. In modern maritime law and usage, a
charter party where the shipowner turns over possession of his vessel
to the charterer, who then undertakes to provide a crew and victuals
and supplies and fuel for her during the term of the charter. The
shipowner is not normally required by the terms of a demise charter to
provide a crew, and so the charterer gets the "bare boat", i.e., without
a crew. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989, citing
Scrutton on Charter Parties, Sec. 4, p. 45 (18th Ed., 1974)].
Demise of real property. Lease of an unfurnished house. [Litonjua
Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989].
Democracy. That form of government in which the sovereign power
resides in and is exercised by the whole body of free citizens directly or
indirectly through a system of representation, as distinguished from
monarchy, aristocracy, or oligarchy. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 224].
Democratic form of government. Pol. Law. A form of government
which requires that political rights be enjoyed by the citizens regardless
of social or economic distinctions. [Maquera v. Borra, GR L-24761. Sep.
7, 1965, Bengzon, Concurring Op.].
Demolish. To raze, level, ruin, wreck, destroy, wipe out. [Morenos Law
Dict., 2000 Ed., p. 128].
Demotion. The movement from one position to another involving the
issuance of an appointment with diminution in duties, responsibilities,
status or rank which may or may not involve reduction in salary. [Sec.
11, Rule VII of the Omnibus Rules Implementing Book V of EO 292].

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Demurrage. 1. In its strict sense, it is the compensation provided for in
the contract of affreightment for the detention of the vessel beyond the
time agreed on for loading and unloading. Essentially, demurrage is the
claim for damages for failure to accept delivery. In a broad sense, every
improper detention of a vessel may be considered a demurrage.
[Magellan Mfg. v. CA, GR 99529, Aug. 22, 1991, 201 SCRA 102]. 2. A
charge made by a ship owner when a charterer keeps a ship idle for
more than the agreed-upon lay days. [Intl. Law Dict. & Direct., 2004].
Demurrer. Rem. Law. 1. An allegation that, admitting the facts of the
preceding pleading to be true, as stated by the party making it, he has
yet shown no cause why the party demurring should be compelled by
the court to proceed further. [Liquete v. Dario, GR 1341. Nov. 8, 1905].
2. A motion put to a trial judge after the plaintiff has completed his
case, in which the defendant, while not objecting to the facts
presented, and rather than responding by a full defense, asks the court
to reject the petition right then and there because of a lack of basis in
law or insufficiency of the evidence. [Duhaime's Legal Dict., 2004]. 3. A
pleading filed by the defendant that the complaint as filed is not
sufficient to require an answer. [Jurists Legal Dict., 2004].
Demurrer to evidence. Rem. Law. A motion to dismiss filed by the
accused on the ground of insufficiency of evidence after the prosecution
has rested its case, thus waiving his right to present evidence and
submitting the case for judgment on the basis of the evidence for the
prosecution. [Godoy v. CA, GR L-80814. Aug. 30, 1988].
Den, dive or resort. A place where any dangerous drug and/or
con-trolled precursor and essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or used in any form. [Sec 3,
RA 9165].
Denial of justice. A gross deficiency in the administration of justice.
Denomination. A religious sect having a particular name. [Adong v.
Cheong See Gee, GR L-18081. Mar. 3, 1922].
De novo. Lat. New. This term is used to refer to a trial which starts over,
which wipes the slate clean and begins all over again, as if any previous
partial or complete hearing had not occurred. [Duhaime's Legal Dict.,
2004].

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De novo hearing. See Hearing de novo.
Dentistry, practice of. A person shall be regarded as engaged in the
practice of dentistry or rendering dental service, within the meaning
and intent of this Act, who shall, for a fee, salary, compensation, or any
form of reward, paid to him or through another, or even without such
compensation or reward, perform any operation or part of an
operation, upon the human mouth, jaws, teeth, and surrounding
tissues; prescribe drugs or medicines for the treatment of oral diseases
and lesions; or correct malpositions of the teeth: Provided, however,
That this provision shall not apply to artisans or technicians engaged in
the mechanical construction of artificial dentures or fixtures and other
oral devices, as long as none of such procedure is done inside the
mouth of the patient; nor shall this provision apply to students of
dentistry undergoing practical training in a legally constituted dental
school or college under the direction or supervision of a member of the
faculty who is duly licensed to practice dentistry in the Philippines: or to
registered dental hygienists serving as dentists' assistants who may be
allowed to perform oral prophylaxis and such other procedures which
the law regulating the practice of dental hygienists may permit. [Sec.
14, RA 4419].
Denuncia falsa. 1. False accusation. [Lagman v. IAC, GR L-72281. Oct.
28, 1988]. 2. Malicious prosecution; generally refers to unfounded
criminal actions. [Madera v. Lopez, L-37105, Feb. 10, 1981, 102 SCRA
700].
Deoxyribonucleic Acid. See DNA.
Department. Any of the executive departments or entities having the
category of a department including the judiciary, Commission on
Elections and Commission on Audit. [Sec. 3, PD 807].
Department of the Interior and Local Government (DILG) Act of
1990. RA 6975 entitled An Act establishing the Philippine National
Police under a reorganized Department of the Interior and Local
Government, and for other purposes enacted on Dec. 13, 1990. Also
known as the PNP Law.
Dependable and adequate service. Service that, consistent with
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management and operating practices, is sufficient in quantity, having
regard for the demands for service currently existing and reasonably
anticipated within the foreseeable future, and that is accessible on a
constant and continuous basis except for outages occasioned by the
need for normal repair, maintenance, construction or renovation work
or by acts beyond the reasonable ability of the public service entity to
prevent or control. [Sec. 3, PD 269].
Dependent. 1. A legitimate, illegitimate or legally adopted child chiefly
dependent upon and living with the taxpayer if such dependent is not
more than twenty-one (21) years of age, unmarried and not gainfully
employed or if such dependent, regardless of age, is incapable of
self-support because of mental or physical defect. [Sec. 35, NIRC, as
amended]. 2. One who derives existence and support from another.
Dependent child. 1. Any child under sixteen years of age who is
dependent upon the public for support or who is destitute, homeless or
abandoned; or who has no proper parental care or guardianship, or
who habitually begs or receives alms, or who is found living in any
house of ill-fame or with any vicious or disreputable person, or whose
home or other place of residence, by reason of neglect, cruelty or
depravity on the part of its parents, guardian or other person in whose
care the child may be, is an unfit place for such child. [Sec. 38-B, RA
1401]. 2. One who is without a parent, guardian or custodian; or one
whose parents, guardian or other custodian for good cause desires to
be relieved of his care and custody; and is dependent upon the public
for support. [Art. 141, PD 603]. Compare with Abandoned child and
Neglected child.
Dependent parent. Under the Social Security Law, one who is fully
dependent upon the considered employee for regular support. [Bayer v.
Villanueva, 83 OG 4358].
Dependent relative revocation doctrine. The established rule that if
a testator revokes a will with a present intention of making a new one
immediately and as a substitute, and the new will is not made, or, if
made, fails of effect for any reason, it will be presumed that the
testator preferred the old will to intestacy, and the old one will be
admitted to probate in the absence of evidence overcoming the
presumption, provided its contents can be ascertained. [Jurado,
Comments & Jurisp. on Succession, 1991 8th Ed., p. 128].

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

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

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needs or the needs of their agent or dealer. [Sec. 22, NIRC, as
amended].
Depositum. A true deposit where the principal purpose of the contract is
the safekeeping of the thing deposited. [Morenos Law Dict., 2000 Ed.,
p. 130].
Depreciated value. The value remaining after deducting depreciation
from either the replacement cost or the reproduction cost. [Sec. 3, PD
464].
Depreciation. 1. The fall of a currencys value falls in relation to foreign
currencies. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988, citing
Sicat, Economics, 1983, p. 636]. 2. The gradual diminution in the useful
value of tangible property resulting from wear and tear and normal
obsolescence. The term is also applied to amortization of the value of
intangible assets, the use of which in the trade or business is definitely
limited in duration. [Basilan Estates v. Comm. on Int. Rev., GR L-22492.
Sep. 5, 1967, citing Aranas, Annotation and Jurisp. on the NIRC, as
Amended, 2nd Ed., Vol. 1, p. 263].
Depression. Legal Med. A feeling of intense sadness. It may follow a
recent loss or other sad event but is out of proportion to that event and
persists beyond an appropriate length of time. [Olarte, Legal Med., 1st
Ed. (2004), p. 138]. Compare with Mania.
Derelict. A ship or her cargo which is abandoned and deserted at sea by
those who were in charge of it, without any hope of recovering it (sine
spe recuperandi), or without any intention of returning to it (sine animo
revertendi). [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051.
Mar. 9, 1916].
Dereliction. Intl. Law. The physical withdrawal by a state from territory
with the intention of relinquishing or abandoning all legal claims over it.
Its effect is to make the territory terra nullius and, therefore, subject
again to occupation by other states. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 70].
Dereliction of duty. The failure of a public officer to prosecute a
violation of the law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed.,
p. 629].

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Derivative legislative power. Power which has been delegated by the
sovereign people to legislative bodies and is subordinate to the original
power of the people. [Garcia v. Comelec, GR 111230. Sep. 30, 1994].
Compare with Original legislative power.
Derivative suit. The principal defense of the minority shareholder
against abuses by the majority. It is a remedy designed by equity for
those situations where the management, through fraud, neglect of
duty, or other cause, declines to take the proper and necessary steps to
assert the corporation's rights. [Commart (Phils.), Inc. v. SEC, GR
85318. June 3, 1991].
Derivative tax credit. See Deemed paid tax credit.
Derived unit. A unit that is formed by combining base units and/or
supplementary units according to the algebraic relations linking the
other corresponding quantities. [Sec. 4, BP 8].
Desahucio. Sp. Unlawful detainer. [Sering v. Plazo, GR L-49731. Sep.
29, 1988].
Descendant-propositus. See Propositus.
Descendants. Those persons who are born of, or from children of,
another are called that person's descendants. Grandchildren are
descendants of their grandfather as children are descendants of their
natural parents. [Duhaime's Legal Dict., 2004].
Descending direct line. In succession, legitimate children and their
descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from
different marriages. An adopted child succeeds to the property of the
adopting parents in the same manner as a legitimate child. [Art. 979,
CC].
Descriptio personae. Lat. Such description of a person as will enable
the officer to identify the accused. The description must be sufficient to
indicate clearly the proper person upon whom the warrant is to be
served. [People v. Veloso, GR 23051. Oct. 20, 1925].

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Desecrate. To violate the sacredness of or to profane. [Morenos Law
Dict., 2000 Ed., p. 131].
Desertion. Mar. Law. 1. Not a mere unauthorized absence from the
ship, without leave, but an unauthorized absence from the ship with an
intention not to return to her service; or as it is often expressed, animo
non revertendi, that is, with an intention to desert. [Singa Ship Mgt. V.
NLRC, GR 120276. July 24, 1997, citing Black's Law Dict., Rev. 5th Ed.,
p. 402]. 2. A seaman's abandonment of duty by quitting ship, not only
without leave or permission, but without justifiable cause, before
termination of engagement; and with the intent of not returning to the
ship's duty. [Singa Ship Management Phils. v. NLRC, GR 120276. July
24, 1997, citing Words & Phrases "Desertion In Mar. Law]
Desertion of a wife by a husband. The act of a husband in voluntarily
leaving his wife with intention to forsake her entirely, never to return to
her, and never to resume his marital duties towards her, or to claim his
marital rights; such neglect as either leaves the wife destitute of the
common necessaries of life, or would leave her destitute but for the
charity of others. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968].
Designate. Admin. Law. 1. To vest (a public officer) with additional
duties while he performs the functions of his permanent office. [Sec. of
DOTC v. Mabalot, GR 138200, Feb. 27, 2002]. 2. To indicate, select,
appoint or set apart for a purpose of duty. [Debulgado v. CSC, GR
111471. Sep. 26, 1994, citing Black's Law Dict., 5th Ed., 402].
Designation. 1. An appointment or assignment to a particular office.
[Debulgado v. CSC, GR 111471. Sep. 26, 1994, citing Black's Law Dict.,
5th Ed., 402]. 2. The term connotes merely the imposition of additional
duties, upon a person already in the public service by virtue of an
earlier appointment or election [Santiago v. COA, 199 SCRA 125;
Political Law Review by Gonzales, pp. 184-185]. Compare with
Appointment.
Desire. Legal Med. The ardent wish to engage in sexual activity which
may be triggered by thoughts or verbal and visual suggestions. [Olarte,
Legal Med., 1st Ed. (2004), p. 111].
Despoblado. See Uninhabited place.

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Destierro. 1. Banishment or only a prohibition from residing within the
radius of 25 kilometers from the actual residence of the accused for a
specified length of time. [Uy Chin Hua v. Dinglasan, 86 Phil. 617, 619].
2. Although destierro does not constitute imprisonment (which is a
typical example of deprivation of liberty), it is nonetheless a deprivation
of liberty. [People v. Abilong, 82 Phil. 172, 174].
Destruction. The offense committed by any person who shall cause
destruction by means of explosion, discharge of electric current,
inundation, sinking or stranding of a vessel, intentional damaging of the
engine of said vessel, taking up the rails from a railway track,
maliciously changing railway signals for the safety of moving trains,
destroying telegraph wires and telegraph posts, or those of any other
system, and, in general, by using any other agency or means of
destruction as effective as those above enumerated, whether or not the
commission has endangered the safety of any person. [Art. 324, RPC].
Destruction of the instrument; how proved. Destruction of the
instrument may be proved by any person knowing the fact (of the
destruction). [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915].
See also Execution and delivery of the document; by whom
established and Loss of the instrument; how shown.
Destructive arson. Crim. Law. The felony committed by any person
who shall burn: (a) any arsenal, ship-yard, storehouse or military
powder or fireworks factory, ordinance, storehouse, archives or general
museum of the Government; (b) any passenger train or motor vehicle
in motion or vessel out of port; or (c) in an inhabited place, any
storehouse or factory of inflammable or explosive materials. [Art. 320,
RPC].
Detail. Admin. Law. The movement from one Department or Agency to
another which is temporary in nature. [Rep. v. CA, GR 86147. Feb. 26,
1990, citing Sec. 4, Rule VI, Civil Service Rules on Personal Actions and
Policies]. Compare with Reassignment.
Detain. Hold or keep in custody. [Paat v. CA, 266 SCRA 185 (1997)].
Detentacion. Sp. Forcible entry. [Sering v. Plazo, GR L-49731. Sep. 29,
1988].

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Detention. It refers not only to the placing of a person in an enclosure
which he cannot leave, but also to any other deprivation of liberty.
[People v. Santos, GR No. 117873, Dec. 22, 1997. citing Aquino, The
RPC, 1988 Ed., Vol. III, pp. 1-2].
Detention home. A twenty-four hour child-caring institution providing
short term resident care for youthful offenders who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
[Art. 117, PD 603].
Determinable future time. A future time, within the meaning of Act
2031, which an instrument is expressed to be payable: (a) at a fixed
period after date or sight; or (b) on or before a fixed or determinable
future time specified therein; or (c) on or at a fixed period after the
occurrence of a specified event which is certain to happen, though the
time of happening be uncertain. [Sec. 4, NIL].
Determinate thing. A thing which is particularly designated or
physically segregated from all other of the same class. [Art. 1460, CC].
Determination. The decision of a court of justice. [Morenos Law Dict.,
2000 Ed., p. 132].
Determine. To come to an end. To bring to an end. [Morenos Law
Dict., 2000 Ed., p. 132].
Devaluation. 1. Any decrease or lowering of the monetary value of the
peso vis--vis other foreign currencies without any reference at all to
the gold value of the Philippine peso. It can also be construed as a
reduction in the value of our currency from an officially agreed fixed
level imposed by monetary authorities. [Del Rosario v. Shell Co., GR
L-28776. Aug. 19, 1988]. 2. As applied to a monetary unit, a reduction
in its metallic content as determined by law resulting in the lowering of
the value of one nation's currency in terms of the currencies of other
nations. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988, citing
Sloan and Zurcher, A Dict. of Economics, 1951 Ed., pp. 80-81].
Devastavit. Lat. He has wasted. A personal representative who has
mismanaged the estate and allowed an avoidable loss to occur. This
action opens the personal representative to personal liability for the
loss. [Duhaime's Legal Dict., 2004].

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Development. 1. The work under-taken to explore and prepare an ore
body or a mineral deposit for mining, including the construction of
necessary infrastructure and related facilities. [Sec. 3, RA 7942]. 2.
Steps necessarily taken to reach an ore body or mineral deposit so that
it can be mined. [Sec. 2, PD 463].
Development bank. Bank which provides funds for the promotion of
the economy of an area, country, region, or the world. [Intl. Law Dict.
& Direct., 2004].
Development expenditures. Expenditures paid or incurred during the
development stage of the mine or other natural deposits. The
development stage of a mine or other natural deposit shall begin at the
time when deposits of ore or other minerals are shown to exist in
sufficient commercial quantity and quality and shall end upon
commencement of actual commercial extraction. [Sec. 34, NIRC, as
amended].
Development rights. Also known as New use rights. The right to use
and/or develop land and improvements thereon including putting them
to a more intensive use, conversion to a more profitable use, increasing
density and the like. [Sec. 3, PD 1517].
Develop-operate-and-transfer. A contractual arrangement whereby
favorable conditions external to a new infrastructure project which is to
be built by a private project proponent are integrated into the
arrangement by giving that entity the right to develop adjoining
property, and thus, enjoy some of the benefits the investment creates
such as higher property or rent values. [Sec. 2, RA 7718].
Deviation. Mar. Ins. A departure from the course of the voyage insured,
mentioned in the last two sections, or an unreasonable delay in
pursuing the voyage or the commencement of an entirely different
voyage. [Sec. 123, IC].
Device making or altering equipment. Any equipment, mechanism
or impression designed or primarily used for making or altering or
re-encoding an access de-vice or a counterfeit access device. [Sec. 3,
RA 8484].

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Devise. 1. Gifts of real property given by virtue of a will. 2. The transfer
or conveyance of real property by will. [Duhaime's Legal Dict., 2004].
Compare with Legacy.
Devisees. Persons to whom gifts of real property are given by virtue of
a will. [Art. 782, CC].
Devolution. Pol. Law. The transfer of power and authority from the
National Government to LGUs to enable them to perform specific
functions and responsibilities. [Art. 24 (b), LGC]. Compare with
Decentralization.
Diagnostic pharmaceutical agents. Specific topical drugs used to aid
optometrists in their examination of the human eye. [Sec. 3, RA 8050].
Diagnostic procedure. Any procedure to identify a disease or condition
through analysis and examination. [Sec. 1, RA 9241].
Dicat testator et erit lex. Lat. What the testator says will be the law.
[Acain v. IAC, GR L-72706. Oct. 27, 1987].
Dicta or dictum. Lat. An observation by a judge on a matter not
specifically before the court or not necessary in determining the issue
before the court; a side opinion which does not form part of the
judgment for the purposes of Stare decisis. See Obiter dictum.
Dictionary. A book containing words of a particular language arranged
alphabetically with their meanings, pronunciations, etymologies, and so
on. [Intl. Law Dict. & Direct., 2004].
Dietetic internship. A period of practical training in any accredited
hospital which provides opportunity to acquire knowledge and skills in
the administrative and therapeutic phases of dietetics. The
administrative phase includes experience in: the planning, purchasing,
preparing and serving of food to patients and personnel within budget
allowances; supervising the handling and storage of food supplies and
equipment; directing the maintenance of proper sanitary measures
within the department; and the training of personnel. The therapeutic
phase includes experience in the application of scientific knowledge to
nutritional problems presented by various diseases. [Sec. 1, RA 2674].

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Dietetics. The combined science and art of regulating the planning,
preparing and serving of meals to individuals or groups according to
the principles of nutrition and management with due consideration to
economic, social and psychological factors. [Sec. 1, RA 2674].
Digest. An index or compilation of abstracts of reported cases into one,
set forth under proper law topic headings or titles and usually in
alphabetical arrangement. [Glossary of Legal Terms (Pro-Se), 2004].
Diligence of a good father of a family. The proper diligence required
by law of every person obliged to give something to take care of the
same, unless the law or the stipulation of the parties requires another
standard of care. [Art. 1163, CC].
Diocese. The circuit or extent of a bishop's jurisdiction; the district in
which a bishop has authority." [Roman Catholic Apostolic Administrator
of Davao, Inc. v. Land Registration Commission, GR L-8451. Dec. 20,
1957, citing Webster's New Intl. Dict.].
Diphenylamine test. A chemical test whereby a paraffin cast of the
hand(s) is examined for the presence of nitrates to prove whether the
person concerned has recently fired a firearm. [People v. Madriaga IV,
GR 73057. Mar. 8, 1989]. See also Paraffin test.
Diplomacy. A form of international dispute settlement that attempts to
reconcile parties to a disagreement by use of negotiation, mediation, or
inquiry. [Intl. Law Dict. & Direct., 2004].
Diplomat. Intl. Law. An official representative of a state, present in
another state for the purposes of general representation of the
state-of-origin or for the purpose of specific international negotiations
on behalf of the diplomat's state-of-origin. [Duhaime's Legal Dict.,
2004].
Diplomatic corps. It consists of the different diplomatic representatives
who have been accredited to the local or receiving state. It is headed
by a doyen du corps or dean, who is usually the member of the highest
rank and the longest service in the state. In Catholic countries, the
dean is the Papal Nuncio. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 83].
Diplomatic immunity. The immunity enjoyed by a diplomatic agent
from the criminal jurisdiction of the receiving State. Also, the immunity

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

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performance of official duties, or on occasion of such performance. [Art.
148, RPC].
Direct attack against a judgment. One that is made through an
action or proceeding the main object of which is to annul, set aside, or
enjoin the enforcement of such judgment, if not yet carried into effect;
or, if the property has been disposed of, the aggrieved party may sue
for recovery. [El Banco Espaol-Filipino v. Palanca, 37 Phil. 921
(1918)]. Compare with Collateral attack.
Direct attack of corporate existence. One whereby the State, in a
proceeding brought for that purpose, attacks the existence of an
association claiming to be a corporation. It can only be instituted by the
government through the Solicitor General by quo warranto proceedings.
[De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 152, citing
Secs. 20 and 121, Corp. Code ]. Compare with Collateral attack of
corporate existence.
Direct bribery. Crim. Law. The felony committed by any public officer
who shall agree to perform an act constituting a crime, in connection
with the performance of this official duties, in consideration of any
offer, promise, gift or present received by such officer, personally or
through the mediation of another, or by the officer who shall accept the
gift in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act or did not
accomplish said act. [Art. 210, RPC].
Direct contempt. 1. Misbehavior in or near the presence of a judge or
court which obstructs or interrupts court proceedings. Direct contempt
may be summarily punished by fine and imprisonment. [Claridades, A.,
Compilation of Notes, 2001-2006]. Compare with Direct contempt. 2.
Contempt committed in the presence of or so near the judge as to
obstruct him in the administration of justice. [Narcida v. Bowen, GR
6694. Mar. 26, 1912]. Compare with Constructive contempt.
Direct evidence. 1. Evidence which proves the fact in dispute without
the aid of any inference or presumption. [Claridades, A., Compilation of
Notes, 2001-2006]. 2. Proof of facts by witnesses who saw acts done or
heard words spoken. [Jurists Legal Dict., 2004]. Compare with
Circumstantial evidence.

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

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

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fraud; (f) if the testator acted by mistake or did not intend that the
instrument he signed should be his will at the time of affixing his
signature thereto. [Art. 839, CC].
Disaster operations. Any effort by one or more agencies, government
and/or otherwise, to provide emergency assistance in relief to persons
who are victims of a disaster or calamity. Specific aid and assistance
that may be provided in disaster operations include, among others:
issuance of medical supplies and equipment and emergency medical
treatment; food, water and shelter, rescue and firefighting services;
police protection; route clearance and traffic control; prevention of
panic, communications and restoration of facilities. [Sec. 1, EO 948,
Apr. 23, 1984].
Disaster volunteer worker (DVW). A duly accredited member of any
of the task units of a local disaster coordinating council. [Sec. 1, EO
948, Apr. 23, 1984].
Disbarment. Form of discipline of a lawyer resulting in the loss (often
permanently) of that lawyer's right to practice law. [Glossary of Legal
Discernment. As used in Art. 12 (3) of the Rev. Penal Code, the mental
capacity of a minor under fifteen years of age but over nine, who
commits an act prohibited by law, to understand the difference
between right and wrong. [People v. Doquena, 68 Phil. 580 (1939)].
Discharge. 1. The act of spilling, leaking, pumping, pouring, emit-ting,
emptying, releasing or dumping of any material into a water body or
onto land from which it might flow or drain into said water. [Sec 4, RA
9275]. 2. Any spilling, leaking, pumping, pouring, emitting, emptying or
dumping but does not include discharge of effluents from industrial or
manufacturing establishments, or mill of any kind. [Sec. 3, PD 979].
Discharge. Civ. Law. The court's formal discharge of a debtor's debts. In
probate, the release of the estate's representative from fiduciary
responsibility. [Glossary of Legal Terms (Pro-Se), 2004].
Discharge. Labor. It takes place when the employer has resolute
intention to dispense with the services of the employee. [Poquiz, Labor
Rel. Law, 1999 Ed. p. 22].

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Discharge of firearms. Crim. Law. The felony committed by any
person who shall shoot at another with any firearm, unless the facts of
the case are such that the act can be held to constitute frustrated or
at-tempted parricide, murder, homicide or any other crime for which a
higher penalty is prescribed by any of the articles of the Rev. Penal
Disclaim. To refuse a gift made in a will. [Jurists Legal Dict., 2004].
Discontinuous easements. Those easements which are used at
intervals and depend upon the acts of man. [Art. 615, CC].
Discount. The sale of a receivable at less than its face value. [Great
Asian Sales Center v. CA, GR 105774, Apr. 25, 2002].
Discounting line. A credit facility with a financing company or bank
which allows a business entity to sell, on a continuing basis, its
accounts receivable at a discount. [Great Asian Sales Center v. CA, GR
105774, Apr. 25, 2002].
Discourtesy. Incivility; ill manners; rudeness of behavior or language;
an impolite act. [Espina, Didith R., CSC Res. 98-2991, Nov. 16, 1998,
citing Websters 3rd New Intl. Dict.].
Discovered peril doctrine. See Last clear chance doctrine.
Discovering secrets through seizure of correspondence. Crim.
Law. The felony committed by any private individual who in order to
discover the secrets of another, shall seize his papers or letters,
whether or not he reveals the contents there-of. This shall not be
applicable to parents, guardians, or persons en-trusted with the
custody of minors with respect to the papers or letters of the children
or minors placed under their care or study, nor to spouses with respect
to the papers or letters of either of them. [Art. 290, RPC].
Discovery. The disclosure of facts resting in the knowledge of the
defendant, or as the production of deeds, writings, or things in his
possession or power, in order to maintain the right or title of the party
asking it, in a suit or proceeding. [Insular Life v. CA, GR 97654. Nov.
14, 1994, citing Bouvier's Law Dict., p. 882].

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Discovery modes. The name given pretrial devices for obtaining facts
and information about the case. [Jurists Legal Dict., 2004].
Discreta. See Accession discreta.
Discretio est scire per legem quid sit justum. Lat. Discretion
consists in knowing through the law what is just. [Morenos Law Dict.,
2000 Ed., p. 135].
Discretion. 1. When applied to public functionaries, it is a power or right
conferred upon them by law of acting officially, under certain
circumstances, uncontrolled by the judgment or conscience of others.
[Rep. v. Capulong, GR 93359, July 12, 1991, 199 SCRA 134, 149
quoting Meralco Securities Corp. v. Savellano, L-36748, Oct. 23, 1982,
117 SCRA 804, 812]. 2. The act or the liberty to decide, according to
the principles of justice and one's ideas of what is right and proper
under the circumstances, without willfulness or favor. [Lamb v. Phipps,
GR 7806. July 12, 1912].
Discretionary execution or execution of judgment pending
appeal. The execution of a judgment or final order before it attains
finality. The court which rendered the decision can grant an execution
pending appeal if it still retains jurisdiction over the case and is in
possession of the records at the time of the filing of the motion;
otherwise, the motion shall be acted upon by the appellate court.
[Bench Book for Trial Court Judges, p. 2-56, citing Sec. 2, Rule 39,
RoC]. Compare with Ministerial execution.
Disease infested. Severely impaired trees due to bacteria, fungus, or
virus, viriod and the chances of its survival and being economically
productive is nil. [Sec. 3, PCA Admin. Order 1-95].
Disfigurement. See Deformity.
Disgraceful and immoral conduct. See Immoral conduct.
Disguise. The use by a person committing a crime (under Art. 14, par.
14 of the Rev. Penal Code) of a mask to cover his face for the purpose
of concealing his identity. [Morenos Law Dict., 2000 Ed., p. 135].
Dishonesty. 1. The concealment or distortion of truth in a matter of fact
relevant to one's office or connected with the performance of his duties.

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[Sec. 8, PD 971]. 2. Any act which shows lack of integrity or a
disposition to defraud, cheat, deceive or betray. It consists of an intent
to violate the truth. [Bagacay, Julio C., CSC Res. 97-1123, Feb. 4,
1997].
Dishonor. The refusal of the bank against (which) the check is drawn to
pay it due to any of these grounds: insufficient funds, account closed,
payment stopped, or no account with bank. [Morenos Law Dict., 2000
Ed., p. 135].
Dishonorable conduct. The state or quality of being immoral; vice,
wickedness; also an immoral act or practice. The term denotes a norm
of conduct which is contrary to human decency, goodness and
uprightness. [Morenos Law Dict., 2000 Ed., p. 135].
Disinheritance. 1. Depriving a compulsory heir of his legitime, for
causes expressly stated by law. [Art. 915, CC]. 2. A testamentary
disposition depriving any compulsory heir of his share in the legitime
for a cause authorized by law. [Maninang v. CA, GR L-57848. June 19,
1982, citing Reyes and Puno, An Outline of Phil. Civil Law, 1956 ed.,
Vol. III, p. 8].
Disinterment. The removal or exhumation of remains from places of
interment. [Sec. 89, PD 856].
Diskettes. Integral parts of a computer system, constituting one of the
"input-output devices" or "peripherals," in the same manner that the
keyboard is an "input-output device" and the monitor, keyboard and
printer are "peripherals" in relation to the memory or central processing
unit (CPU) of the computer system. [People v. Burgos, GR 92739. Aug.
2, 1991].
Disloyal. Not true to a sovereign or lawful superior, or to the
government under which one lives; false where allegiance is due;
faithless. [Words and Phrases, Vol. 12 A, p. 432].
Disloyalty of public officers or employees. Crim. Law. The felony
committed by public officers or employees who have failed to resist a
rebel-lion by all the means in their power, or shall continue to discharge
the duties of their offices under the control of the rebels or shall accept
appointment to office under them. [Art. 137, RPC, as reinstated by EO
187].

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Disloyalty to the Government. It consists of abandonment or
renunciation of one's loyalty to the Government of the Philippines, or
advocating the overthrow of the Government. [Sec. 8, PD 971].
Dismantling. The tearing apart, piece by piece or part by part, of a
motor vehicle. [Sec. 2, RA 6539].
Dismiss. To throw a case out of court. [Torres, Oblig. & Cont., 2000 Ed.,
p. 349].
Dismissal. Labor. A discharge of an employee, a termination of an
employee at the instance of the employer. [Poquiz, Labor Rel. Law,
1999 Ed. p. 22].
Dismissal. Rem. Law. 1. The termination of the proceeding, either
because the court is not a court of competent jurisdiction, or the
evidence does not show that the offense was committed within the
territorial jurisdiction of the court, or the complaint or information is not
valid or sufficient in form and substance, etc. [Malanyaon v. Lising, GR
L-56028. July 30, 1981]. 2. The termination of a lawsuit. [Glossary of
Legal Terms (Pro-Se), 2004]. See With prejudice and Without
prejudice. Compare with Acquittal.
Disobedience to order of superior officers, when said order was
suspended by inferior officer. Crim. Law. The felony committed by
any public officer who, having for any reason suspended the execution
of the orders of his superiors, shall disobey such superiors after the
latter have disapproved the suspension. [Art. 232, RPC].
Disobedience to summons is-sued by the National Assembly, its
committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions.
Crim. Law. The felony committed by any person who, having been duly
summoned to attend as a witness before the National Assembly,
(Congress), its special or standing committees and subcommittees, the
Constitutional Commissions and its committees, subcommittees, or
divisions, or before any commission or committee chairman or member
authorized to summon witnesses, refuses, with-out legal excuse, to
obey such summons, or being present before any such legislative or
constitutional body or official, refuses to be sworn or placed under
affirmation or to answer any legal inquiry or to produce any books,

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papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions; or by any person who
shall restrain another from attending as a witness, or who shall induce
disobedience to a summon or refusal to be sworn by any such body or
official. [Art. 150, RPC].
Disobeying request for disqualification. Crim. Law. The felony
committed by any public officer who, before the question of jurisdiction
is decided, shall continue any proceeding after having been lawfully
required to refrain from so doing. [Art. 242, RPC].
Disorder. A disturbance of the peace. [Morenos Law Dict., 2000 Ed., p.
136].
Disorders of volition. See Conation.
Dispense. Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription. [Sec 3, RA
9165].
Disposal. The act of parting with, alienation of, or giving up of supplies
or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Dispose of. To alienate or direct the ownership of property, aas
disposition by will. [Morenos Law Dict., 2000 Ed., p. 136].
Disposicion captatoria. Any disposition made upon the condition that
the heir shall make some provision in his will in favor of the testator or
of any other person. Such disposition shall be void. [Art. 875, CC].
Disposition post mortem. See Donation mortis causa.
Disputable presumption. Evid. A species of evidence that may be
accepted and acted on where there is no other evidence to uphold the
contention for which it stands, or one which may be overcome by other
evidence. [People v. De Guzman, GR 106025. Feb. 9, 1994, citing 31A
CJS p. 197]. Presumption juris tantum. See Prima facie
presumption; Rebuttable presumption. Compare with Conclusive
presumption.
Dispute. A disagreement on a point of law or fact, a conflict of legal
views or interests between two persons. A disagreement or conflict has

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the character of an international dispute if it arises between two or
more states. [Sandoval, Pol. Law Reviewer 2003].
Disputed decision. The phrase is the equivalent of "ruling, order or
decision appealed from. [Navoa-Ramos v. CA, GR 119872. July 7,
1997].
Disrate. A term of maritime law where an officer or other seaman is
either demoted in rank or deprived of a promotion. [LawInfo Legal
Dictionary (2005)].
Disregarding the fiction of corporate entity. See Piercing the veil
of corporate entity or fiction doctrine.
Disregard of the respect due the offended party by reason of his
rank, age or sex. An aggravating circumstance under Art. 14 (3) of
the Rev. Penal Code which may be taken into account only in crimes
against persons or honor, when in the commission of the crime there is
some insult or disrespect shown to rank, age or sex. It is not proper to
consider this aggravating circumstance in crimes against property.
[People v. Collado, GR 88631. Apr. 30, 1991].
Dissent. To disagree. The word is used in legal circles to refer to the
minority opinion of a justice which runs contrary to the conclusions of
the majority. [Duhaime's Legal Dict., 2004].
Dissenting opinion. 1. The minority opinion of a justice or justices
which runs contrary to the conclusions of the majority. 2. There is
nothing to enforce in a dissenting opinion since it affirms or overrules
no claim, right, or obligation, and neither disposes of, not awards,
anything; it merely expresses the views of the dissenter. [Tolentino v.
Ongsiako, GR L-17938. Apr. 30, 1963]. Compare with Concurring
opinion.
Dissolution. The termination, process of dissolving or winding up
something. [Jurists Legal Dict., 2004].
Dissolution of a corporation. 1. The act of ending, terminating or
winding-up a corporation or its state of affairs. 2. The termination;
process of dissolving or winding up something. [Glossary of Legal

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

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manufacturer or retailer of such product. [Sec. 6, EO 175, May 22,
1987].
Distribution code. A compilation of rules and regulations governing
electric utilities in the operation and maintenance of their distribution
systems which includes, among others, the standards for service and
performance, and de-fines and establishes the relation-ship of the
distribution systems with the facilities or installations of the parties
connected thereto. [Sec. 4, RA 9136].
Distribution of electricity. The conveyance of electric power by a
distribution utility through its distribution system pursuant to the
provisions of RA 9136. [Sec. 4, RA 9136].
Distribution retail wheeling charge. The cost or charge regulated by
the Energy Regulatory Commission (ERC) for the use of a distribution
system and/or the availment of related services. [Sec. 4, RA 9136].
Distribution retail supply rate. The total price paid by end-users
consisting of the charges for gene-ration, transmission and related
ancillary services, distribution, supply and other related charges for
electric service. [Sec. 4, RA 9136].
Distribution system. The system of wires and associated facilities
belonging to a franchised distribution utility extending between the
delivery points on the transmission or subtransmission system or
generator connection and the point of connection to the premises of
the end-user. [Sec. 4, RA 9136].
Distribution utility. Any electric cooperative, private corporation,
government-owned utility or existing local government unit which has
an exclusive franchise to operate a distribution system in accordance
with RA 9136. [Sec. 4, RA 9136].
Distributor. Any person to whom a consumer product is delivered or
sold for purposes of distribution in commerce, except that such term
does not include a manufacturer or retailer of such product. [Art. 4, RA
7394].
Disturbance compensation. Payment of just indemnity for the
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Disturbance of proceedings. Crim. Law. The felony committed by any
person who disturbs the meetings of the National Assembly (Congress
of the Philippines) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board, or in the presence
of any such bodies should behave in such manner as to interrupt its
proceedings or to impair the respect due it. [Art. 144, RPC, as
Divestment. The transfer of title or disposal of interest in property by
voluntarily, completely and actually depriving or dispossessing oneself
of his right or title to it in favor of a person or persons other than his
spouse and relatives as defined in RA 6713. [Sec. 3, RA 6713].
Dividend. 1. Any distribution made by a corporation to its shareholders
out of its earnings or profits and payable to its shareholders, whether in
money or in other property. [Sec. 73, NIRC, as amended]. 2. That part
or portion of the profits of the enterprise which the corporation, by its
governing agents, sets apart for ratable division among the holders of
the capital stock. It means the fund actually set aside, and declared by
the directors of the corporation as a dividend, and duly ordered by the
directory, or by the stock-holders at a corporate meeting to be divided
or distributed among the stockholders according to their respective
interests. [Nielson v. Lepanto, GR L-21601. Dec. 28, 1968]. 3. A
proportionate distribution of profits made in the form of a money
payment to shareholders, by a for-profit corporation. Dividends are
declared by a company's board of directors. [Duhaime's Legal Dict.,
2004].
Divination. The pretended art of foreseeing future events by
supernatural or magical agency. [Morenos Law Dict., 2000 Ed., p. 138].
Divine law. (a) Divine positive law, i.e., Ten Commandments; (b) Divine
human positive law, i.e., commandments of the church. [Suarez, Stat.
Con., (1993), p. 37-38].
Divisible contract, general rule on. As a general rule, a contract to
do several things at several times is divisible in its nature, so as to
authorize successive actions; and a judgment recovered for a single
breach of a continuing contract or covenant is no bar to a suit for a

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subsequent breach thereof. [Blossom & Co. v. Manila Gas, GR 32958.
Nov. 8, 1930, citing 34 CJ, p. 839].
Divisible obligation. An obligation the object of which, in its delivery or
performance, is capable of partial performance. [Diaz, Bus. Law Rev.,
1991 Ed., p. 29]. Compare with Indivisible obligation.
Divorce (talaq). The formal dissolution of the marriage bond in
accordance with the Code of Muslim Personal Laws of the Philip-pines
to be granted only after exhaustion of all possible means of
reconciliation between the spouses. [Art. 45, PD 1086].
DNA. Abbreviation for Deoxyribonucleic Acid. A chromosome
molecule which carries genetic coding unique to each person with the
only exception of identical twins (that is why it is also called DNA
finger-printing). Through laboratory process, DNA can be extracted
from body tissue such a strand of hair, semen, blood and matched
against DNA discovered at a crime scene or on a victim to scientifically
implicate an accused. It can also be used to match DNA between
parents in a paternity suit. [Duhaime's Legal Dict., 2004].
Dock. Locks, cuts, entrances, graving docks, inclined planes, slipways,
quays, and other works and things appertaining to any dock. [Sec. 3,
PD 857].
Docket. 1. An official court record book which lists all the cases before
the court and which may also note the status or action required for
each case. [Duhaime's Legal Dict., 2004]. 2. An abstract or listing of all
pleadings filed in a case; the book containing such entries; trial docket
is a list of or calendar of cases to be tried in a certain term. [Glossary of
Docket control. A system for keeping track of deadlines and court dates
for both litigation and non-litigation matters. [Jurists Legal Dict., 2004].
Doctrine. 1. That which is taught; what is held, put forth as true, and
supported by a teacher, a school, or a sect; a principle or position, or
the body of principles, in any branch of knowledge; tenet; dogma;
principle of faith. It is a synonym of principle, position, opinion, article,
maxim, rule, and axiom. [Mabanag v. Vito, 78 Phil. 1, Mar. 5, 1947]. 2.
A rule or principle or the law established through the repeated
application of legal precedents. [Duhaime's Legal Dict., 2004].

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Doctrine of attractive nuisance. See Attractive nuisance doctrine.
Doctrine of discovered peril. See Last clear chance doctrine.
Doctrine of equivalents test. A test established to determine
infringement which recognizes that minor modifications in a patented
invention are sufficient to put the item beyond the scope of literal
infringement. Thus, an infringement also occurs when a device
appropriates a prior invention by incorporating its innovative concept
and, albeit with some modification and change, performs substantially
the same function in substantially the same way to achieve
substantially the same result. [Godinez v. CA, GR 97343. Sep. 13,
1993]. Compare with Literal infringement test.
Doctrine of estoppel. (A doctrine) based on grounds of public policy,
fair dealing, good faith and justice, (the) purpose (of which) is to forbid
one to speak against his own act, representations, or commitments to
the injury of one to whom they were directed and who reasonably
relied thereon. [PNB v. CA, 94 SCRA 357].
Doctrine of implication. Stat. Con. That which is plainly implied in the
language of a statute is as much a part of it as that which is expressed.
[In Re: McCulloch Dick, 35 Phil. 41, 45, 50; 82 CJS 632; 73 Am Jur 2nd
404].
Doctrine of inappropriate provision. (It deals with) item provisions
(in a budget bill) that are to be treated as items for the Presidents veto
power. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 133].
Doctrine of judicial stability. See Doctrine of non-interference.
Doctrine of last clear chance. See Last clear chance doctrine.
Doctrine of limited liability. See Limited liability doctrine.
Doctrine of necessary implication. Stat. Con. The doctrine which
states that what is implied in a statute is as much a part thereof as that
which is expressed. [Natl. Assoc. of Trade Unions (NATU) v. Torres, GR
93468. Dec. 29, 1994].

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Doctrine of non-interference. An elementary principle of higher
importance in the administration of justice that the judgment of a court
of competent jurisdiction may not be opened, modified, or vacated by
any court of concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313
(1987), citing 30-A Am Jur 605]. Also Doctrine of judicial stability.
Doctrine of outside appearance. (The doctrine holding that) a
corporation is bound by a contract entered into by an officer who acts
without, or in excess of his actual authority, in favor of a person who
deals with him in good faith relying on such apparent authority.
Doctrine of primary jurisdiction. (The doctrine that holds that) if the
case is such that its determination requires the expertise, specialized
skills and knowledge of the proper administrative bodies because
technical matters or intricate questions of facts are involved, then relief
must first be obtained in an administrative proceeding before a remedy
will be supplied by the courts even though the matter is within the
proper jurisdiction of a court. [Industrial Enterprises, Inc. v. CA, GR
88550. Apr. 18, 1990].
Doctrine of prior use. The principle that prior use of a trademark by a
person, even in the absence of a prior registration, will convert a claim
of legal appropriation by subsequent users. [Morenos Law Dict., 2000
Ed., p. 139].
Doctrine of qualification. See Characterization.
Doctrine of qualified political agency. Pol. Law. The doctrine which
holds that, as the President cannot be expected to exercise his control
powers all at the same time and in person, he will have to delegate
some of them to his Cabinet members, who in turn and by his
authority, control the bureaus and other offices under their respective
jurisdictions in the executive department. [Carpio v. Exec. Sec., GR
96409. Feb. 14, 1992].
Doctrine of relations. Also Relations back doctrine. That principle
of law by which an act done at one time is considered by a fiction of
law to have been done at some antecedent period. It is a doctrine
which, although of equitable origin, has a well recognized application to
proceedings at law; a legal fiction invented to promote the ends of
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otherwise there would be no remedy. The doctrine, when invoked,
must have connection with actual fact, must be based on some
antecedent lawful rights. It has also been referred to as "the doctrine of
relation back." [Allied Banking Corp. v. CA, GR 85868. Oct. 13, 1989,
citing 2 CJS 1310].
Doctrine of strained relations. Labor. (The rule) that where
reinstatement is not feasible, expedient or practical, as where
reinstatement would only exacerbate the tension and strained relations
between the parties, or where the relationship between the employer
and employee has been unduly strained by reason of their irreconcilable
differences, particularly where the illegally dismissed employee held a
managerial or key position in the company, it would be more prudent to
order payment of separation pay instead of reinstatement. [Quijano v.
Mercury Drug Corp., GR 126561. July 8, 1998].
Document. Rem. Law. 1. A deed, instrument or other duly authorized
paper by which something is proved, evidenced or set forth. Any
instrument authorized by a notary public or a competent public official,
with the solemnities required by law, is a public document. [Bermejo v.
Barrios, GR L-23614. Feb. 27, 1970]. 2. Any substance having any
matter expressed or described upon it by marks capable of being read.
[Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 129].
Document. Trust Receipts Law. Written or printed evidence of title to
goods. [Sec. 3, PD 115].
Documentary bill. Nego. Inst. One to which are attached documents of
title delivered and surrendered to the drawee when he accepts or pays
the bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 365].
Documentary evidence. Documents as evidence consisting of writings
or any material containing letters. words, numbers, figures, symbols or
other modes of written expressions offered as proof of their contents.
[Sec. 2, Rule 130, RoC]. Compare with Testimonial evidence.
Documented migrant workers. (a) Those who possess valid
passports and visas or permits to stay in the host country and whose
contracts of employment have been processed by the POEA if required
by law or regulation; or (b) Those registered by the Migrant Workers
and Other Overseas Filipinos Resource Center or by the Embassy. [Sec.
2, IRR, RA 8042].

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Document of title to goods. Any bill of lading, dock warrant, quedan,
or warehouse receipt or order for the delivery of goods, or any other
document used in the ordinary course of business in the sale or transfer
of goods, as proof of the possession or control of the goods, or
authorizing or purporting to authorize the possessor of the document to
transfer or receive, either by endorsement or by delivery, goods
represented by such document. [Art. 1619, CC].
Doing business. 1. Soliciting orders, purchases, service contracts,
opening offices, whether called liaison offices or branches; appointing
representatives or distributors who are domiciled in the Philippines for a
period or periods totaling one hundred eighty (180) days or more;
participating in the management, supervision or control of any domestic
business firm, entity or corporation in the Philippines, and any other act
or acts that imply a continuity of commercial dealings or arrangements
and contemplate to that extent the performance of acts or works, or
the exercise of some of the functions normally incident to, and in
progressive prosecution of, commercial gain or of the purpose and
object of the business organization. [Art. 44, EO 226, July 16, 1987]. 2.
A continuity of commercial dealings and arrangements, and
contemplates to that extent, the performance of acts or words or the
exercise of some of the functions normally incident to, and in
progressive prosecution of, the purpose and object of its organization.
[Mentholatum v. Mangaliman, 72 Phil. 524 (1941); Moreno, Phil. Law
Dict., 2nd Ed., 1972, p. 186].
Doing or transacting an insurance business. This includes (a)
making or proposing to make, as insurer, any insurance contract; (b)
making or proposing to make, as surety, any contract of suretyship as a
vocation and not as merely incidental to any other legitimate business
or activity of the surety; (c) doing any kind of business, including a
reinsurance business, specifically recognized as constituting the doing
of an insurance business within the meaning of the Insurance Code; (d)
doing or proposing to do any business in substance equivalent to any of
the foregoing in a manner designed to evade the provisions of the
Insurance Code.
Dolo. Sp. Fraud or malice. A conscious and intentional design to evade
the normal fulfillment of existing obligations. [Luzon Brokerage v.
Maritime Building, GR L-25885. Aug. 18, 1972, citing Capistrano, Civil
Code of the Phil., Vol. 3. p. 38].

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Dolo causante. Sp. Causal fraud. 1. A deception employed by one party
prior to or simultaneous to the contract in order to secure the consent
of the other. [Samson v. CA, GR 108245. Nov. 25, 1994]. 2. Those
deceptions or misrepresentations of a serious character employed by
one party and without which the other party would not have entered
into the contract. [Geraldez v. CA, GR 108253. Feb. 23, 1994].
Dolo incidente. Sp. Incidental fraud. Those which are not serious in
character and without which the other party would still have entered
into the contract.. [Geraldez v. CA, GR 108253. Feb. 23, 1994].
Domestic. 1. Persons usually living under the same roof, pertaining to
the same house, and constituting, in this sense, a part thereof,
distinguishing it from the term servant whereby a person serving
another on a salary is designated. [People v. Alvarez, GR 34644, Jan.
17, 1974, 55 SCRA p. 92]. 2. A person usually living under the same
roof, pertaining to the same house, and constituting, in this sense, a
part thereof. [US v. Arlante, GR L-3859. Jan. 15, 1908].
Domestic Adoption Act 0f 1998. RA 8552 entitled An Act
establishing the rules and policies on the domestic adoption of Filipino
children and for other purposes enacted on Feb. 25, 1998.
Domestic air carrier. An air carrier who is a citizen of the Philippines:
Provided, That an air carrier who is not a citizen of the Philippines but
who may be allowed to engage in domestic and/or foreign air
transportation, or domestic and/or foreign air commerce, in accordance
with the provisions of RA 776, as amended, shall, to all intents and
purposes, be classified as a domestic air carrier. [Sec. 3, RA 776].
Domestic air commerce. Air commerce within the limits of the
Philippine territory. [Sec. 3, RA 776].
Domestic air transportation. Air transportation within the limits of the
Philippine territory
Domestic corporation. A corporation incorporated under the laws of
the Philippines. [Sec. 123, Corp. Code]. Compare with Foreign
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Domestic industry. The domestic producer, as a whole, of like or
directly competitive products manufactured or produced in the
Philippines or those whose collective output of like or directly
competitive products constitutes a major proportion of products. [Sec.
4, RA 8800].
Domestic or household services. Service in the employer's home
which is usually necessary or desirable for the maintenance and
enjoyment thereof and includes ministering to the personal com-fort
and convenience of the members of the employer's household,
including services of family drivers. [Art. 141, LC].
Domestic servant. See Househelper.
Domestic ship operator or owner. A citizen of the Philippines, or a
commercial partnership wholly owned by Filipinos, or a corporation at
least sixty percent (60%) of the capital of which is owned by Filipinos,
which is duly authorized by the Maritime Industry Authority (MARINA)
to engage in the business of domestic shipping. [Sec. 3, RA 9295].
Domestic shipping. The transport of passenger or cargo, or both, by
ships duly registered and licensed under Philippine law to engage in
trade and commerce between Philippine ports and within Philippine
territorial or internal waters, for hire or compensation, with general or
limited clientele, whether permanent occasional or incidental, with or
without fixed routes, and done for contractual or commercial purposes.
[Sec. 3, RA 9295].
Domestic trade. The sale, barter or exchange of goods, materials or
products within the Philippines. [Sec. 3, RA 9295].
Domicile. 1. That place in which a person's habitation is fixed, with-out
any present intention of removing therefrom, and that place is properly
the domicile of a person in which he has voluntarily fixed his abode, or
habitation, not for a mere special or temporary purpose, but with a
present intention of making it his permanent home. [Romualdez-Marcos
v. Comelec, GR 119976. Sep. 18, 1995, citing 28 CJ S. 1]. 2. A fixed
permanent residence to which when absent for business, or pleasure,
or for like reasons one intends to return, and depends on facts and
circumstances, in the sense that they disclose intent. [Ong Huan Tin v.
Rep., 19 SCRA 966, 969]. 3. The permanent residence of a person; a
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In law, it is said that a person may have many residences but only one
domicile. [Duhaime's Legal Dict., 2004]. See Residence.
Domicile by choice. Elements in order to acquire a new domicile by
choice: There must concur (1) residence or bodily presence in the new
locality, (2) an intention to remain there, and (3) an intention to
abandon the old domicile. In other words, there must basically be
animus manendi coupled with animus non revertendi. The purpose to
remain in or at the domicile of choice must be for an indefinite period
of time; the change of residence must be voluntary; and the residence
at the place chosen for the new domicile must be actual. [Romualdez v.
RTC Br. 7, Tacloban City, GR 104960. Sep. 14, 1993].
Domicile by operation of law. It attributes to a person a domicile
independent of his own intention or actual residence, ordinarily
resulting from legal domestic relations, as that of the wife arising from
marriage, or the relation of a parent and a child. [Romualdez-Marcos v.
Comelec, GR 119976. Sep. 18, 1995, citing 28 CJS 7].
Domicile of choice. The place which the person has elected and chosen
for himself to displace his previous domicile; it has for its true basis or
foundation the intention of the person. [Romualdez-Marcos v. Comelec,
GR 119976. Sep. 18, 1995, citing 28 CJS, 6].
Domicile of origin. The domicile of his parents, or of the head of his
family, or of the person on whom he is legally dependent at the time of
his birth. While the domicile of origin is generally the place where one is
born or reared, it maybe elsewhere. [Romualdez-Marcos v. Comelec,
GR 119976. Sep. 18, 1995, citing 28 CJS 5].
Domiciliary principle. Also Nationality principle. The taxation of the
same items by the country of residence or nationality of the taxpayer.
[Comm. of Int. Rev. v. Procter & Gamble Phil., GR 66838. Dec. 2,
1991]. Compare with Source or situs rule.
Domiciliary theory. The theory that personal status, in general, is
determined by and/or subject to the jurisdiction of the domiciliary law.
[Ellis v. Rep., GR L-16922. Apr. 30, 1963]. See Nationality theory.
Domicilium necesarium. Lat. Domicile by operation
[Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995].
of

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Domicilium originis. Lat. Domicile of origin. The common case of the
place of birth. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18,
1995].
Domicilium proprio motu. Lat. That domicile which is voluntarily
acquired by a party. [Romualdez-Marcos v. Comelec, GR 119976. Sep.
18, 1995].
Domicilium voluntarium. Lat. Domicile of ones own choosing.
[Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995].
Dominancy test. The test in determining whether colorable imitation
exists which focuses on the similarity of the prevalent features of the
competing trademarks which might cause confusion or deception and
thus constitutes infringement. If the competing trademark contains the
main or essential or dominant features of another, and confusion and
deception is likely to result, infringement takes place. Duplication or
imitation is not necessary; nor it is necessary that the infringing label
should suggest an effort to imitate. The question at issue in cases of
infringement of trademarks is whether the use of the marks involved
would be likely to cause confusion or mistakes in the mind of the public
or deceive purchasers. [Emerald Garment Mfg. Corp. v. CA, GR 100098.
Dec. 29, 1995]. Compare with Holistic test.
Dominant estate. The immovable in favor of which the easement is
established. [Art. 613, CC]. See Servient estate.
Dominion or dominium. The capacity of the State to own or acquire
property such as lands and natural resources. [Separate Opinion,
Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000].
Dominium. Lat. The capacity to own or acquire property, including lands
held by the state in its proprietary capacity. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 29]. Compare with Imperium.
Dominium directum. Lat. 1. Naked ownership. [Alejandro v. Geraldez,
GR L-33849. Aug. 18, 1977]. 2. Bare ownership. [Gold Creek Mining
Corp. v. Rodriguez, 66 Phil. 259].
Dominium est jus utendi et abutendi, re quatenus juris ratio
potitur. Lat. Ownership is the right to use and abuse ones property

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insofar as the law and reason permit. [Morenos Law Dict., 2000 Ed., p.
143].
Dominium plenum. Lat. Full ownership. [Alejandro v. Geraldez, GR
L-33849. Aug. 18, 1977].
Dominium utile. Lat. Beneficial ownership. [Gold Creek Mining Corp. v.
Rodriguez, 66 Phil. 259].
Domino absoluto. Lat. Full ownership. [Vidal v. Posadas, 58 Phil. 108;
De Guzman v. Ibea, 67 Phil. 633]. Compare with Nuda proprietas.
Donation. Civ. Law. 1. An act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another, who accepts it. [Art.
725, CC]. 2. There is also a donation when a person gives to another a
thing or right on account of the latter's merits or of the services
rendered by him to the donor, provided they do not constitute a
demandable debt, or when the gift imposes upon the donee a burden
which is less than the value of the thing given. [Art. 726, CC].
Donation. Civ. Law. Elements: There are three essential elements of
donations: [1] the reduction of the patrimony of the donor, [2] the
increase in the patrimony of the donee, and [3] the intent to do an act
of liberality (animus donandi). [Tatoto v. Heirs of Kabalo Yusop, GR
74203. Apr. 17, 1990].
Donation by reason of marriage. Civ. Law. Also Donation propter
nuptias. Donation made before the celebration of marriage, in
consideration of the same, and in favor of one or both of the future
spouses. [Art. 82, FC].
Donation by reason of marriage. Civ. Law. Grounds for revocation:
(a) If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
governed by Art. 81, FC; (b) when the marriage takes place without the
consent of the parents or guardian, as required by law; (c) when the
marriage is annulled, and the donee acted in bad faith; (d) upon legal
separation, the donee being the guilty spouse; (e) if it is with a
resolutory condition and the condition is complied with; (f) when the
donee has committed an act of ingratitude as specified by the
provisions of the Civil Code on donations in general. [Art. 86, FC].

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Donation inter vivos. Civ. Law. A donation which the donor intends to
take effect during the lifetime of the donor, though the property shall
not be delivered till after the donor's death. The fruits of the property
from the time of the acceptance of the donation, shall pertain to the
donee, unless the donor provides otherwise. [Art. 729, CC]. 2. Donation
made without consideration (of death or mortal peril), but out of the
donor's pure generosity and the recipient's desires, although the
subject matter is not delivered at once, or the delivery is to be made
post mortem, which is a simple matter of form and does not change the
nature of the act, and such gifts are irrevocable, especially if without a
price and onerous in character. [Balaqui v. Dongso, GR 31161. Oct. 28,
1929].
Donation mortis causa. Civ. Law. 1. A donation to take effect at the
death of the donor. 2. A death-bed gift, made by a dying person, with
the intent that the person receiving the gift shall keep the thing if death
ensues. Such a gift is exempted from the estate of the deceased as
property is automatically conveyed upon death. 3. This donation
partakes of the nature of testamentary provisions, and shall be
governed by the rules of succession. [Art. 728, CC]. 4. A donation
made, as its name implies, in consideration of death or mortal peril,
without the donor's intention to lose the thing or its free disposal in
case of survival, as in testamentary dispositions. [Balaqui v. Dongso,
GR 31161. Oct. 28, 1929]. 5. A death-bed gift, made by a dying
person, with the intent that the person receiving the gift shall keep the
thing if death ensues. Such a gift is exempted from the estate of the
deceased as property is automatically conveyed upon death.
Donation mortis causa. Also Disposition post mortem. Civ. Law.
Characteristics: (a) The transfer conveys no title or ownership to the
transferee before the death of the transferor, of the transferor
(meaning testator) retains the owner-ship, full or naked (domino
absoluto or nuda proprietas) [Vidal v. Posadas, 58 Phil. 108; De
Guzman v. Ibea, 67 Phil. 633]; (b) the transfer is revocable before the
transferor's death and revocability may be provided for indirectly by
means of a reserved power in the donor to dispose of the properties
conveyed [Bautista v. Sabiniano, 92 Phil. 244]; and (c) the transfer
would be void if the transferor survived the transferee. [Alejandro v.
Geraldez, GR L-33849. Aug. 18, 1977].

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Donation propter nuptias. Civ. Law. See Donation by reason of
marriage.
Donation, when inofficious. Civ. Law. Donation that exceeds what he
may give or receive by will. [Art. 752, CC].
Donation, when revocable at the instance of the donor, by
reason of ingratitude. Civ. Law. (a) If the donee should commit
some offense against the person, the honor or the property of the
donor, or of his wife or children under his parental authority; (b) if the
donee imputes to the donor any criminal offense, or any act involving
moral turpitude, even though he should prove it, unless the crime or
the act has been committed against the donee himself, his wife or
children under his authority; (c) if he unduly refuses him support when
the donee is legally or morally bound to give support to the donor. [Art.
765, CC].
Donation, when void. Civ. Law. (a) Donations between husband and
wife; (b) those made between persons who were guilty of adultery or
concubinage at the time of the donation; (c) Those made between
persons found guilty of the same criminal offense, in consideration
thereof; (d) those made to a public officer or his wife, descendants and
ascendants, by reason of his office. [Art. 133 and 739, CC].
Donde quiera su fije de residencia. Sp. Wherever (the husband)
wishes to establish residence. This (phrase) contemplates only actual
residence because it refers to a positive act of fixing a family home or
residence. [Romualdez-Marcos, GR 119976. Sep. 18, 1995].
Donee. Beneficiary of a trust. The person who is the recipient of a power
of attorney; the person who would have to exercise the power of
attorney. [Duhaime's Legal Dict., 2004].
Donor. The person who donates property to the benefit of another,
usually through the legal mechanism of a trust. [Duhaime's Legal Dict.,
2004].
Dormant partner. A partner who does not take active part in the
business of the partnership and at the same time not known as a
partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189].

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Double costs. Costs (other than treble costs) which may be imposed on
the plaintiff or appellant, where an action or an appeal is found to be
frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3,
Rule 143, RoC].
Double donations. Civ. Law. Donations of the same thing to two or
more different donees which shall be governed by the provisions - Art.
1544 of the Civil Code - concerning the sale of the same thing to two or
more different persons. [Art. 744, CC].
Double insurance. It exists where the same person is insured by
several insurers separately in respect to the same subject and interest.
[Sec. 93, IC].
Double insurance. Requisites. (a) The person insured must be the
same; (b) there must be several insurers; (c) the subject matter
insured must be the same; (d) the interest insured must also be the
same; and (e) the risk insured against must be the same. [Tiopianco,
Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 93].
Double jeopardy. Putting a person on trial more than once for the
same crime. [Glossary of Legal Terms (Pro-Se), 2004].
Double jeopardy. 1. Requisites: (a) The previous complaint or
information or other formal charge is sufficient in form and substance
to sustain a conviction: (b) the court has jurisdiction to try the case; (c)
the accused has been arraigned and has pleaded to the charge; and (d)
the accused is convicted or acquitted or the case is dismissed without
his express consent. [Navallo v. Sandiganbayan, GR 97214. July 18,
1994]. 2. Elements: (a) A first jeopardy must have attached prior to the
second; (b) the first jeopardy must have been validly terminated; and
(c) the second jeopardy must be for the same offense, or the second
offense includes or is necessarily included in the offense charged in the
first information, or is an attempt to commit the same or is a frustration
thereof. [People v. Puno, 208 SCRA 550, 557. May 8, 1992].
Double renvoi. Intl. Law. The referral by the forum court to the conflict
rules, including the renvoi rules) of a foreign state. Thus the forum
court applies the law specified by the foreign conflicts rules, including
the foreign renvoi rules, in an effort to render the decision, which the
foreign court would render if it were seized of the case. [Tetley,

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Double sale. The sale of the same thing to different vendees, where the
ownership shall be transferred to the person who may have first taken
possession thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the
person acquiring it who in good faith first recorded it in the Registry of
Property. Should there be no inscription, the ownership shall pertain to
the person who in good faith was first in the possession; and, in the
absence thereof, to the person who presents the oldest title, provided
there is good faith. [Art. 1544, CC].
Double share for full blood collaterals rule. The rule that should
brother and sisters of the full blood survive together with brothers and
sisters of the half blood, the former shall be entitled to a share double
that of the latter. [Art. 1006, CC].
Double taxation. 1. Taxing the same person twice by the same
jurisdiction for the same thing. [Victorias Milling Co. v. Mun. of
Victorias, Negros Occ., 25 SCRA 192 (1968)]. 2. Additional taxes laid on
the same subject by the same taxing jurisdiction during the same
taxing period and for the same purpose. [Cruz, Constl. Law, 1998 Ed.,
p. 89, citing Cooley on Taxation, Vol. I, 4th Ed., p. 48].
Do ut des. Lat. I give that you give. [Torres, Oblig. & Cont., 2000 Ed.,
p. 169].
Do ut facias. Lat. I give that you make (or do). [Torres, Oblig. & Cont.,
2000 Ed., p. 169].
Downstream oil industry (DOI). The business of importing,
exporting, re-exporting, shipping, trans-porting, processing, refining,
storing, distributing, marketing and/or selling crude oil, gasoline, diesel,
liquefied petroleum gas (LPG), kerosene, and other petroleum products.
[Sec. 4, RA 8479].
Downstream Oil Industry Deregulation Act of 1998. RA 8479
entitled An Act deregulating the downstream oil industry, and for other
Draft. Comml. Law. A bill of exchange payable on demand and drawn for
the purpose of collecting for the drawers own use and account a sum
of money due him from the drawee. A sight draft is one for the

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immediate collection of money. [Martin, Commentaries and Jurisp. on
Draft animal power. Power provided by the carabao as a farm animal.
[Sec. 3, RA 7307].
Dragnet clause. 1. The mortgage provision in American jurisprudence
which is specifically phrased to subsume all debts of past or future
origin. Such clauses are "carefully scrutinized and strictly construed.
[Phil. Bank of Communications v. CA, GR 118552. Feb. 5, 1996, citing
55 Am Jur 2d, Mortgages, 142, 283-284]. 2. Provision in a mortgage
in which a mortgagor gives security for past and future advances as
well as present indebtedness. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
258].
Drago doctrine. Intl. Law. The doctrine that a public debt cannot give
rise to the right of intervention. It was formulated by Foreign Minister
Drago of Argentina in 1902 when Great Britain, Italy and Germany
established a blockade against Venezuela in order to enforce certain
contractual and other claims against it. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 56].
Drawee. The person to whom the bill of exchange is addressed and who
is ordered to pay. He becomes an Acceptor when he indicates his
willingness to pay the bill. [Claridades, A., Compilation of Notes,
2001-2006].
Drawer. The person who gives the order to pay money to a third party.
Drinking water. Water intended for human consumption or for use in
food preparation. [Sec 4, RA 9275].
Drive-in-net. See Muro-ami.
Drug dependence. 1. As based on the World Health Organization
(WHO) definition, it is a cluster of physiological, behavioral and
cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among
others, a strong desire or a sense of compulsion to take the substance
and the difficulties in controlling substance-taking behavior in terms of
its onset, termination, or levels of use. [Sec 3, RA 9165]. 2. A state of

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psychic or physical dependence, or both, on a dangerous drug, arising
in a person following administration or use of that drug on a periodic or
continuous basis. [People v. Dichoso, GR 101216-18. June 4, 1993].
Drug establishment. Any organization or company involved in the
manufacture, importation, repacking and/or distribution of drugs or
medicines. [Sec. 3, RA 6675].
Drug or pharmaceutical laboratory. Also Pharmaceutical
manufacturing
laboratory.
An
establishment
where
pharmaceuticals, proprietary medicines or pharmaceutical specialties
are prepared, compounded, standardized and distributed or sold. [Sec.
42, RA 5921].
Drug outlets. Drugstores, pharmacies, and any other business
establishments which sell drugs or medicines. [Sec. 3, RA 6675].
Drug product. The finished product form that contains the active
ingredients, generally but not necessarily in association with inactive
ingredients. [Sec. 3, RA 6675].
Drugs. 1. Articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals. 2. Articles
(other than food) intended to affect the structure or any function of the
body of man or animals. [Art. 4, RA 7394].
Drug syndicate. Any organized group of two (2) or more persons
forming or joining together with the intention of committing any
offense prescribed under RA 9165. [Sec 3, RA 9165].
Drunkenness. A state of the mind, which depends upon the tolerance
of a person to alcoholic drinks and which is relative in every individual.
Drydock. A dock from which the water can be temporarily excluded, in
order to effect repairs to hulls and keels of ships or vessels. [Sec. 3, PD
857].
Dual system/training. A delivery system of quality technical and
vocational education which requires training to be carried out
alternately in two venues: In school and in the production plant.
In-school training provides the trainee the theoretical foundation, basic

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training, guidance and human formation, while in-plant training
develops his skills and proficiency in actual work conditions as it
continues to inculcate personal discipline and work values. [Sec. 1, IRR,
RA 7796].
Dual training system. An instructional delivery system of technical and
vocational education and training that combines in-plant training and
in- school training based on a training plan collaboratively designed and
implemented
by
an
accredited
dual
system
educational
institution/training center and accredited dual system agricultural,
industrial and business establishments with prior notice and advice to
the local government unit concerned. Under this system, said
establishments and the educational institution share the responsibility
of providing the trainee with the best possible job qualifications, the
former essentially through practical training and the latter by securing
an adequate level of specific, general and occupation-related theoretical
instruction. The word "dual" refers to the two parties providing
instruction: the concept "system" means that the two instructing parties
do not operate independently of one another, but rather coordinate
their efforts. [Sec. 4, RA 7796].
Dual Training System Act of 1994. RA 7796 entitled An Act to
strengthen manpower education and training in the Philippines by
institutionalizing the dual training system as an instructional delivery
system of technical and vocational education and training, providing the
mechanism, appropriating funds therefor and for other purposes
enacted on Feb. 25, 1994.
Duces tecum. Lat. Bring with you. Used most frequently for a species of
subpoena (as in Subpoena duces tecum) which seeks not so much the
appearance of a person before a court of law, but the surrender of a
thing (e.g. a document or some other evidence) by its holder, to the
court, to serve as evidence in a trial. [Duhaime's Legal Dict., 2004].
Duct system. A continuous passageway for the transmission of air.
[Sec. 3, PD 1185].
Due. 1. The word is only equivalent to or synonymous with "payable. 2.
With reference to taxes, it implies that such taxes are then "owing,
collectible or matured. 3. The debt or obligation to which it is applied
has by contract or operation of law become immediately payable, but in
another sense it denotes the existence of a simple indebtedness,

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without reference to the time payment, in which it is synonymous with
'owing' and includes all debts whether payable in praesenti or in
futuro." [Comm. of Int. Rev. v. Visayan Electric Co., GR L-22611. May
27, 1968, citing 13-A Words and Phrases, pp. 107, 109, 110].
Due and payable (on a specified date). The phrase means the debt
or obligation to which it is applicable is then immediately payable.
[Comm. of Int. Rev. v. Visayan Electric Co., GR L-22611. May 27,
1968].
Due bill. Comml. Law. An instrument whereby one person acknowledges
his indebtedness to another. [Diaz, Bus. Law Rev., 1991 Ed., p. 379].
Due execution. The fact that the document was signed voluntarily and
knowingly by the party whose signature appears thereon. [Claridades,
A., Compilation of Notes, 2001-2006]. See Genuineness.
Duel. 1. An agreement to fight under determined conditions and with the
participation and intervention of seconds, who fix such conditions. [US
v. Navarro, GR L-1878. Mar. 9, 1907]. 2. A formal or regular combat
previously consented between two parties in the presence of two or
more seconds of lawful age on each side, who make the selection of
arms and fix all the other conditions of the fight to settle some
antecedent quarrel. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed.,
p. 655, citing Viada, p. 191].
Duel, participation in a. Crim. Law. The felony committed by any
person who shall kill his adversary in a duel, or inflict upon the latter
physical injuries only, or in any other case, although no physical injuries
have been inflicted, and the seconds who shall in all events be
punished as accomplices. [Art. 260, RPC].
Due process of law. Pol. Law. 1. In a criminal prosecution, due process
consists of a law creating or defining the offense, an impartial tribunal
of competent jurisdiction, accusation in due form, notice and
opportunity to defend, trial according to established procedure, and
discharge unless found guilty. [People v. Lumague, GR 53586. Jan. 30,
1982, citing 16 CJS 617]. 2. Fundamental fairness. [Anzaldo v. Clave,
GR L-54597. Dec. 15, 1982]. 3. The twin requirements of notice and
hearing constitute essential elements of due process. [Century Textile
Mills v. NLRC, 161 SCRA 528, 535].

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Due process of law. Pol. Law. Requisites: (a) There must be a court of
tribunal clothed with judicial power to hear and determine the matter
before it; (b) jurisdiction must be lawfully acquired over the person of
the defendant or over the property which is the subject of the
proceeding; (c) the defendant must be given an opportunity to be
heard; and (d) judgment must rendered upon lawful hearing. [El Banco
Espaol-Filipino v. Palanca, GR L-11390. Mar. 26, 1918].
Dumping. 1. Any unauthorized or illegal disposal into any body of water
or land of wastes or toxic or hazardous material: Provided, That it does
not mean a release of effluent coming from commercial, industrial, and
domestic sources which are within the effluent standards. [Sec 4, RA
9275]. 2. Any deliberate disposal at sea and into navigable waters of
wastes or other matter from vessels, aircraft, platforms or other
man-made structures at sea, including the disposal of wastes or other
matter directly arising from or related to the exploration, exploitation
and associated off-shore processing of sea bed mineral resources
unless the same is permitted and/or regulated under PD 979. [Sec. 3,
PD 979]. 3. Selling exported goods at prices below their normal value.
Dumping duty. A duty levied on imported goods where it appears that
a specific kind or class of foreign article is being imported into or sold
or is likely to be sold in the Philippines at a price less than its fair value.
[Sec. 301, TCC].
Dunnage. A term related to the placing of lumber under the cargo to
protect the same from the water coming into the hold of the vessel or
in between the different parcels of cargo to prevent them from injuring
each other. [First Plywood Corp., GR 84460. Nov. 13, 1992, citing 13
Words and Phrases, 631].
Duodenal ulcer. See Stomach ulcer.
Duplex. A house which has separate but complete facilities to
accommodate two families as either adjacent units or one on top of the
other. [Duhaime's Legal Dict., 2004].
Duplicate original. A signed carbon copy or duplicate of a document
executed at the same time as the original (which) may be introduced in
evidence without accounting for the non-production of the original. But,
an unsigned and uncertified document purporting to be a carbon copy

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is not competent evidence. It is because there is no public officer
acknowledging the accuracy of the copy. [Vallarta v. CA, GR L-36543.
July 27, 1988].
Dura lex sed lex. Lat. The law is hard but such is the law. [Claridades,
Duress. 1. Force, violence or pressure which induces a person to act in a
manner contrary to his own wish. [Torres, Oblig. & Cont., 2000 Ed., p.
349]. 2. A situation under which a person is prevented from acting (or
not acting) according to his free will, by threats or force of another.
Contracts signed under duress are voidable. [Duhaime's Legal Dict.,
2004].
Dust. A finely powdered substance which, when mixed with air in the
proper proportion and ignited will cause an explosion. [Sec. 3, PD
1185].
Duster. 1. House dress. [People v. Sadang, GR 105378. June 27, 1994].
2. A loose kind of dress. [People v. Arizala, GR 59713. Mar. 15, 1982.]
Duties of attorneys. It is the duty of an attorney: (a) To maintain
allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines; (b) to observe and
maintain the respect due to the courts of justice and judicial officers;
(c) to counsel or maintain such actions or proceedings only as appear
to him to be just, and such defenses only as he believes to be honestly
debatable under the law; (d) to employ, for the purpose of maintaining
the causes confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law; (e) to maintain
inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with
his client's business except from him or with his knowledge and
approval; (f) to abstain from all offensive personality and to advance no
fact prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which he is charged; (g)
not to encourage either the commencement or the continuance of an
action or proceeding, or delay any man's cause, from any corrupt
motive or interest; (h) never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed; (i) in the defense of
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of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be
deprived of life or liberty, but by due process of law. [Sec. 20, Rule
138, RoC].
Duty. The word ordinarily `means an indirect tax, imposed on the
importation, exportation, or consumption of goods. [Garcia v. Exec.
Sec., GR 101273. July 3, 1992, citing Cooley, on Taxation, p. 3].
Duty free shop. A retail establishment located within the premises of
International ports of entry, airport or seaport, authorized to sell tax
and duty-free merchandise, consisting of consumables and light
durables, for the convenience of travelers. Such establishments have
been introduced to special economic zones in Subic and Clark on
contention that these are permissible on free port areas. [Customs
Admin. Order 3-95, Dec. 6, 1995].
Duty to bargain collectively. The performance of a mutual obligation
to meet and convene promptly and expeditiously in good faith for the
purpose of negotiating an agreement with respect to wages, hours of
work and all other terms and any grievances or questions arising under
such agreement and executing a contract incorporating such
agreements if requested by either party, but such duty does not compel
any party to agree to a proposal or to make any concession. [Art. 252,
LC].
Dwelling. 1. A building designed or used as residence for one or more
families. [Sec. 3, BP 220]. 2. A building or structure, exclusively used
for rest and comfort. [People v. Joya, GR 79090. Oct. 1, 1993, citing
Reyes, The Rev. Penal Code, Vol. I, 1981 Ed., 336].
Dwelling house. 1. An entire thing; it includes the buildings, and such
attachments as are usually occupied and used for the family for the
ordinary purposes of a house. [Caudal v. CA, GR 83414. July 31, 1989,
citing Chase v. Hamilton Ins. Co., 20 N.Y. 52]. 2. In law, it may
embrace the dwelling itself and such buildings as are used in
connection with it. [Ibid, citing 28 CJS 19 Ala App 476].
Dwelling unit. A house and lot used for residential purposes and shall
include not only buildings, parts or units thereof used solely as dwelling
places, except motels, or hotel rooms; but also those used for home
industries or retail stores if the owner thereof and his family actually

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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)].
Dyspareunia. Legal Med. Painful sexual intercourse in women. [Olarte,
Legal Med., 1st Ed. (2004), p. 115].

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-EEarliest opportunity. The general rule is that the question of

constitutionality must be raised at the earliest opportunity, so that if
not raised by the pleadings, ordinarily it may not be raised at the trial,
and 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 health, nutrition, early education and social services pro-grams
that provide for the basic holistic needs of young children from birth to
age six (6), to pro-mote their optimum growth and development. [Sec.
4, RA 8980].
Early neutral evaluation. An alternative dispute resolution (ADR)
process wherein parties and their lawyers are brought together early in
a pre-trial phase to present summaries of their cases and receive a
non-binding assessment by an experienced, neutral person, with
expertise in the subject in the substance of the dispute. [Sec. 3, RA
9285].
Earned surplus. See Retained earnings.
Earnest money. Also Arras. A statutory rule that whenever ear-nest
money is given in a contract of sale, it shall be considered as part of
the price and as proof of the perfection of the contract. [Art. 1482, CC].
It constitutes an advance payment and must, there-fore, be deducted
from the total price. Also, earnest money is given by the buyer to the

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seller to bind the bargain. [Adelfa Properties v. CA, GR 111238. Jan. 25,
1995].
Earnings. A general term embracing revenue profit, or income. [RCPI v.
National Wages Council, GR 93044. Mar. 26, 1992].
Easement. Also Servitude. 1. An encumbrance imposed upon an
immovable for the benefit of another immovable belonging to a
different owner. [Art. 613, CC]. 2. A real right on another's property,
corporeal and immovable, whereby the owner of the latter must refrain
from doing or allowing somebody else to do or something to be done
on his property, for the benefit of another person or tenement.
[Quimen v. CA, GR 112331. May 29, 1996, citing 3 Sanchez Roman
472]. 3. A right of passage over a neighbor's land or waterway. An
easement is a type of servitude. For every easement, there is a
dominant and a servient tenement. Easements are also classified as
negative (which prevents the servient land owner from doing certain
things) or affirmative easements (the most common, which allows the
beneficiary of the easement to do certain things, such as a
right-of-way). Although right-of-ways are the most common easements,
there are many others such as rights to tunnel under another's land, to
use a washroom, to emit smoke or fumes, to pass over with
transmission towers, to access a dock and to access a well. [Duhaime's
Legal Dict., 2004].
Easement of light. Also Jus luminum. The right to pierce the wall of
one's neighbor to open a window through which the light may enter
one's house. [Cortes v. Yu-Tibo, GR 911. Mar. 12, 1903].
Easement of right of way. Requisites for claiming thereof: (a) The
estate is surrounded by other immovables and is without adequate
outlet to a public highway; (b) after payment of the proper indemnity;
(c) the isolation was not due to the proprietor's own acts; and (d) the
right way claimed is at a point least prejudicial to the servient estate,
and in so far as consistent with this rule, where the distance from the
dominant estate to a public highway may be the shortest. [Locsin v.
Climaco, (26 SCRA 836)].
Easement of right of way. Requisites for a valid grant: (a) The
dominant estate is surrounded by other immovables without an
adequate outlet to a public highway; (b) the dominant estate is willing
to pay the proper indemnity; (c) the isolation was not due to the acts of

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the dominant estate; and, (d) the right of way being claimed is at a
point least prejudicial to the servient estate. [Costabella Corp. v. CA,
GR 80511, Jan. 25, 1991, 193 SCRA 333, citing Locsin v. Climaco, GR
L-27319, Jan. 31, 1969, 26 SCRA 816, Angela Estate v. CFI of Negros
Occ., GR L-27084, July 31, 1968, 24 SCRA 500, Bacolod Murcia Milling
v. Capitol Subdivision, GR L-25887, July 26, 1966, 17 SCRA 731].
Easements, how extinguished. (a) By merger in the same person of
the ownership of the dominant and servient estates; (b) by nonuser for
ten years; with respect to discontinuous easements, this period shall be
computed from the day on which they ceased to be used; and, with
respect to continuous easements, from the day on which an act
contrary to the same took place; (c) when either or both of the estates
fall into such condition that the easement cannot be used; but it shall
revive if the subsequent condition of the estates or either of them
should again permit its use, unless when the use becomes possible,
sufficient time for prescription has elapsed, in accordance with the
provisions of the preceding number; (d) by the expiration of the term
or the fulfillment of the condition, if the easement is temporary or
conditional; (e) by the renunciation of the owner of the dominant
estate; (f) by the redemption agreed upon between the owners of the
dominant and servient estates. [Art. 631, CC].
ECC.
See
Employees'
Compensation
Environmental Compliance Certificate.
Commission
or
ECCD. See Early childhood care and development (ECCD) system.

ECCD curriculum. The age-appropriate and developmentally
appropriate educational objectives, pro-gram of activities, organized
learning experiences and recommended learning materials for children
that are implemented by service providers through center and
home-based programs. [Sec. 4, RA 8980].
ECCD service providers. The various professionals, paraprofessionals,
and volunteer caregivers who are directly responsible for the care and
education of young children through the various center and
home-based programs. [Sec. 4, RA 8980].
Ecclesiastical corporation. A corporation organized fore religious
purposes. [Sec. 109, Corp. Code]. Compare with Lay corporation.

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Ecclesiastical law. See Canon law.
Eclecticism. Theory that international law is derived from both natural
law (because certain rights and duties are inherent) and positive law
(because the obligation to observe international law is voluntary). [Intl.
Eclectic theory. See Situs theory.
Ecological profile or eco-profile. Geographic-based instruments for
planners and decision-makers which presents an evaluation of the
environmental quality and carrying capacity of an area. [Sec. 3, RA
7942].
Ecology. The life-sustaining interrelationships and interactions of
organisms with each other and with their physical surroundings. [Sec.
3, RA 7611].
Economic abuse. Acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
(a) withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or activity,
except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Art. 73 of the Family Code; (b)
deprivation or threat of deprivation of financial resources and the right
to the use and enjoyment of the conjugal, community or property
owned in common; (c) destroying household property; 4. controlling
the victims' own money or properties or solely controlling the conjugal
money or properties. [Sec. 3, RA 9262].
Economically important species. Species or subspecies which have
actual or potential value in trade or utilization for commercial purpose.
[Sec. 5, RA 9147].
Economically repairable. That condition of supplies or property which
can still be repaired or rehabilitated at a reasonable cost or that in
which the cost of repair or rehabilitation would not exceed sixty per
cent (60%) of the acquisition cost of the item to be
repaired/rehabilitated. Changes in monetary rates should be considered
in the computation of cost. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].

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Economic and socialized housing. A type of housing project provided
to moderately low in-come families with lower interest rates and longer
amortization periods. [Sec. 3, BP 220].
Economic community. A group of states that have (a) eliminated trade
barriers between themselves and (b) established a common external
tariff. [Intl. Law Dict. & Direct., 2004].
Economic family-sized farm units. An area of farm land that permits
efficient use of labor and capital resources of the farm family and will
produce an income sufficient to provide a modest standard of living to
meet a farm family's needs for food, clothing, shelter, and education
with possible allowance for payment of yearly installments on the land,
and reasonable reserves to absorb yearly fluctuations in income. [Sec.
166, RA 3844].
Economic family size fishpond. An area of fishpond that permits the
sufficient use of labor and capital resources of a family and will produce
an income sufficient to provide a modest standard of living to meet a
family's need for food, clothing, shelter, health and education with
allowance for payment of yearly installments on the area, and
reasonable reserves to absorb yearly fluctuations in income. [Sec. 3, PD
43].
Economic life. The estimated period over which it is anticipated that a
machinery may profitably be utilized. [Sec. 3, PD 464].
Economic scale. The minimum quantity or volume of goods required to
be efficient. [Sec. 4, RA 8435].
Economic strike. Labor. A strike which is to force wage or other
concessions from the employer which he is not required by law to
grant. [Consolidated Labor Assoc. v. Marsman, 11 SCRA 589 (1964)].
Economic zone. The special economic zones, industrial estates, ex-port
processing zones and free trade zones as defined in RA 7916 or the
PEZA Law. [Sec. 3, RA 9239].
Economies of scale. The decrease in unit cost as more units are
produced due to the spreading out of fixed costs over a greater number
of units produced. [Sec. 4, RA 8435].

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Ecosystem. The ecological community considered together with
non-living factors and its environment as a unit. [Claridades, A.,
Ecstasy. See Methylenedioxy-methamphetamine.
Education Act of 1982. BP 232 entitled An Act providing for the
establishment and maintenance of an integrated system of education
enacted on Sept. 11, 1982.
Educational Assistance Act of 1976. PD 932, also known as the
"Study Now Pay Later Plan," signed into law on May 13, 1976.
Educational community. Those persons or groups of persons as such
or associated in institutions involved in organized teaching and learning
systems. [Sec. 6, BP 232].
Educational corporation. A stock or non-stock corporation organized
to provide facilities for teaching or instruction. It maintains a regular
faculty and curriculum and have a regular organized body of pupils or
students, or attendance at the place where the educational activities
are regularly carried on. [Diaz, Bus. Law Rev., 1991 Ed., p. 296, citing
Oleck, Modern Corp. Law, p. 540].
Educational Loan Fund. Funds made available by lending institutions
to service the financial needs of the eligible students. [Sec. 1, PD 932].
Educational Loan Guarantee Fund. The funds to be made available
by the government for lending institutions to avail in case of defaults in
payments of obligations. [Sec. 1, PD 932].
Effective absence. One that renders the officer concerned powerless,
for the time being, to discharge the powers and prerogatives of his
office. [Gelinas, v. Fugere, 180 A. 346, 351; Watkins, v. Mooney, 71 S.
W. 622, 624].
Effective nationality principle. Intl. Law. The principle expressed in
Art. 5 of the Hague Convention of 1930 on the Conflict of Nationality
Laws as follows: Art. 5. Within a third State a person having more than
one nationality shall be treated as if he had only one. Without prejudice
to the application of its law in matters of personal status and of any
convention in force, a third State shall, of the nationalities which any

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such person possesses, recognize exclusively in its territory either the
nationality of the country in which he is habitually and principally
resident or the nationality of the country with which in the
circumstances he appears to be in fact most closely connected.
[Frivaldo v. Comelec, GR 87193. June 23, 1989].
Effective occupation doctrine. Intl. Law. The nationals of the
discovering state, in its name or by its authority, must first take
possession of the territory. Thereafter, they must establish thereon an
organization or government capable of making its laws respected.
[Sandoval, Pol. Law Reviewer 2003].
Effectivity of laws. Under Art. 2 of the Civil Code, the publication of
laws must be made in the Official Gazette, and not elsewhere, as a
requirement for their effectivity, after fifteen days from such publication
or after a different period provided by the legislature. [Taada v.
Tuvera, GR L-63915. Dec. 29, 1986].
Efficient concurring cause. A cause which was operative at the
moment of the injury and acted contemporaneously with another to
produce the injury, and which was an efficient cause in the sense that
except for it, the injury would not have occurred. [Morenos Law Dict.,
2000 Ed., p. 150].
Effluent. 1. Discharge from known sources which is passed into a body
of water or land, or waste water flowing out of a manufacturing plant,
industrial plant including domestic, commercial and recreational
facilities. [Sec 4, RA 9275]. 2. Any wastewater, partially or completely
treated or any liquid flowing out of mining mill operations, wastewater
treatment plants or tailings disposal system. [Sec. 4, DENR Admin.
Order 95-23].
Effluent standard. 1. Any legal restriction or limitation on quantities,
rates, and/or concentrations or any combination thereof, of physical,
chemical or biological parameters of effluent which a person or point
source is allowed to discharge into a body of water or land. [Sec 4, RA
9275]. 2. Restrictions established to limit levels of concentration of
physical, chemical and biological constituents which are discharged
from point sources. [Sec. 62, PD 1152].
Eight-Hour Labor. Commonwealth Act
[Expressly repealed by the Labor Code].
No. 444,
as amended.

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Ei incumbit probatio non qui negat. Lat. He who asserts not he
who denies must prove. A fundamental evidentiary rule in criminal
law that the prosecution has the onus probandi of establishing the guilt
of the accused. [People v. Parel, GR 108733. Sep. 16, 1996]. Also Ei
incumbit probatio qui dicit, non qui negat.
Ejectment. The legal remedy available to the owner of a piece of land
to remove persons in possession who have no right to be there.
Ejectment. Grounds: (a) When the period agreed upon, or that which is
fixed for the duration of leases under Arts. 1682 and 1687, has expired;
(b) lack of payment of the price stipulated; (c) violation of any of the
conditions agreed upon in the contract; (d) when the lessee devotes
the thing leased to any use or service not stipulated which causes the
deterioration thereof; or if he does not observe the requirement in No.
2 of Art. 1657 of the Civil Code, as regards the use thereof. [Art. 1673,
CC].
Ejectment suit. A suit brought before the proper inferior court to
recover physical possession only or possession de facto and not
possession de jure, where dispossession has lasted for not more than
one year. [De Leon v. CA, GR 96107. June 19, 1995].
Ejusdem generis. Stat. Con. Lat. Of the same kind; An enumeration of
a class of things includes all others of the same class. 1. This is based
on the rule of classification; when general words follow particular or
specific words, the general words are deemed to include only such
things or objects as are of the same kind as those enumerated. 2.
Under this doctrine, where general terms follow the designation of
particular things or classes of persons or subjects, the general term will
be construed to comprehend those things or persons of the same class
or of the same nature as those specifically enumerated. [Crawford,
Stat. Con., p. 191; Go Tiaco v. Union Ins. Society of Camilan, 40 Phil.
40; Mutuc v. COMELEC, 36 SCRA 228].
El diablo. Firecrackers tubular in shape about 1 1/4 inches in length and
less than 1/4 inch in diameter with a wick; also known as labintador
[Sec. 2, RA 7183].

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Election. 1. A choosing or a selection by those having a right to
participate (in the selection) of those who shall fill the offices, or of the
adoption or rejection of any public measures affecting the territory
involved. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973, citing
Bouvier's Law Dict.]. 2. Choice; selection. The selection of one person
from a specified class to discharge certain duties in a state, corporation,
or a society. [Quiem v. Seria, GR L-22610. June 30, 1966, citing
Bouvier's Law Dict., Vol. I, 3rd Rev., p. 979].
Election campaign or partisan political activity. An act designed to
promote the election or defeat of a particular candidate or candidates
to a public office. [Bugtong, Diosdado C., CSC Res. 97-0807, Jan. 28,
1997].
Election contests. Adversary proceedings by which matters involving
the title or claim of title to an elective office, made before or after
proclamation of the winner, is settled whether or not the contestant is
claiming the office in dispute and in the case of elections of barangay
officials, it is restricted to proceedings after the proclamation of the
winners as no pre-proclamation controversies are allowed. [Taule v.
Santos, GR 90336. Aug. 12, 1991].
Election law. A study of law, rules and procedures involving the conduct
of election of all public officials who will exercise the powers of
government as allocated to and within their functions and
responsibilities. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 2].
Election returns. 1. A machine-generated document showing the date
of the election, the province, municipality and the precinct in which it is
held and the votes in figures for each candidate in a precinct directly
produced by the counting machine. [Sec. 2, RA 8436]. 2. A document
showing the date of the election, the municipality in which it is held,
and other data, and containing the votes in words and in figures for
each candidate in a precinct. [Sec. 2, RA 8046].
Electrical arc. An extremely hot luminous bridge formed by passage of
an electric current across a space between two conductors or terminals
due to the incandescence of the conducting vapor. [Sec. 3, PD 1185].
Electrical engineering, practice of. A person is deemed to be in the
practice of electrical engineering when he renders or offers to render
professional electrical engineering service. [Sec. 2, RA 7920].

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Electrical system design. The choice of electrical systems, including
planning and detailing of requirements for protection, control,
monitoring, coordination and interlocking of electrical systems among
others. [Sec. 2, RA 7920].
Electric cooperative. A distribution utility organized pursuant to PD
269, as amended, or as otherwise provided under RA 9136. [Sec. 4, RA
9136].
Electric locomotive. Power plant mounted on wheels as used in the
railroad transportation industry. [Sec. 2, RA 7920].
Electric plant. An establishment or a system for the production and
modification of electric energy. [Sec. 2, RA 7920].
Electric power industry participant. Any person or entity engaged in
the generation, transmission, distribution or supply of electricity. [Sec.
4, RA 9136].
Electric supply equipment. Any equipment which produces, modifies,
regulates, or controls the supply of electric energy. [Sec. 2, RA 7920].
Electrofishing. 1. The use of electricity generated by batteries, electric
generators and other source of electric power to kill, stupefy, disable or
render unconscious fishery species, whether or not the same are
subsequently recovered. [Sec. 4, RA 8550]. 2. The use of electricity
generated by dry-cell batteries, electric generators or other sources of
electric power to kill, stupefy, disable or render unconscious fish or
fishery/aquatic products in both fresh and salt water areas. [Sec. 3, PD
704]. 3. The use of electricity generated by dry cell batteries, electric
generators or other source of electric power to kill, stupefy, disable or
render unconscious fish or fishery/aquatic products. It shall include the
use of rays or beams of whatever nature, form or source of power.
[Sec. 1, PD 534].
Electronic Commerce Act. RA 8792 entitled An Act providing for the
recognition and use of electronic commercial and non-commercial
transactions and documents, penalties for unlawful use thereof and for
other purposes enacted on June 14, 2000.

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Electronic data message. Information generated, sent, received or
stored by electronic, optical or similar means. [Sec. 5, RA 8792].
Electronic document. Information or the representation of information,
data, figures, symbols or other modes of written expression, described
or however represented, by which a right is established or an obligation
extinguished, or by which a fact may be prove and affirmed, which is
receive, recorded, transmitted, stored, processed, retrieved or
produced electronically. [Sec. 5, RA 8792].
Electronic key. A secret code which secures and defends sensitive
information that crossover public channels into a form decipherable
only with a matching electronic key. [Sec. 5, RA 8792].
Electronic signature. Any distinctive mark, characteristic and/or sound
in electronic from, representing the identity of a person and attached to
or logically associated with the electronic data message or electronic
document or any methodology or procedures employed or adopted by
a person and executed or adopted by such person with the intention of
authenticating or approving an electronic data message or electronic
document. [Sec. 5, RA 8792].
Eleemosynary corporation. A corporation established for or devoted
to charitable purposes or those supported by charity. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Civil
corporation.
Elementary education. The first stage of compulsory, formal education
primarily concerned with providing basic education and usually
corresponding to six or seven grades, including pre-school programs.
[Sec. 20, BP 232].
Elements of a crime. Specific factors that define a crime which the
prosecution must prove beyond a reasonable doubt in order to obtain a
conviction: (a) that a crime has actually occurred, (b) that the accused
intended the crime to happen, and (c) a timely relationship between
the first two factors. [Jurists Legal Dict., 2004].
Eligible. A person who obtains a passing grade in a civil service
examination or is granted a civil service eligibility and whose name is
entered in the register of eligibles. [Sec. 5, Chap. 1, Subtitle A, EO 292;
Sec. 3, PD 807].

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El penado. Sp. Delicuente condenado a una pena. Eng. a convict or a
person already sentenced by final judgment. [Baking v. Dir. of Prisons,
GR L-30364. July 28, 1969].
El que es causa de la causa es causa del mal causado. Sp. He who
is the cause of the cause is the cause of the evil caused. One is liable
for all the direct and natural consequences of his unlawful act even if
the ultimate result had not been intended. (People v. Ural, GR L-30801,
Mar. 27, 1974, 56 SCRA 138, 144].
Emancipation. 1. It takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of twenty-one
years. Emancipation also takes place: (a) by the marriage of the minor;
or (b) by the recording in the Civil Register of an agreement in a public
instrument executed by the parent exercising parental authority and the
minor at least eighteen years of age. Such emancipation shall be
irrevocable. [Art. 234, FC]. 2. The act of freeing a person who is under
the legal authority of another (such as a child before the age of
majority) from that control (such as a child reaching the age of
majority). The term was also used, when slavery was legal, to describe
a former slave that had bought or been given freedom from his master.
Emancipation patent. It constitutes conclusive authority for the
issuance of an Original Certificate of Transfer, or a Transfer Certificate
of Title, in the name of the grantee. Clearly, it is only after compliance
with the conditions (in the certificate of land transfer under PD 27)
which entitle a farmer/grantee to an emancipation patent that he
acquires the vested right of absolute ownership in the landholding a
right which has become fixed and established, and is no longer open to
doubt or controversy. At best, the farmer/grantee, prior to compliance
with these conditions, merely possesses a contingent or expectant right
of ownership over the landholding. [Pagtalunan v. Tamayo, GR 54281.
Mar. 19, 1990].
Embalmer. A person who practices embalming. [Sec. 89, PD 856].
Embalming. Preparing, disinfecting and preserving a dead body for its
final disposal. [Sec. 89, PD 856].

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Embargo. Intl. Law. 1. The detention by the state seeking redress of the
vessels of the offending state or its nationals, whether such vessels are
found in the territory of the former or on the high seas. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 126]. 2. An act of international military
aggression where an order is made prohibiting ships or goods from
leaving a certain port, city or territory and may be enforced by military
threat of destroying any vehicle that attempts to break it or by trade
penalties. The word has also come to refer to a legal prohibition of
trade with a certain nation or a prohibition towards the use of goods or
services produced by or within a certain nation. [Duhaime's Legal Dict.,
2004].
Embattled area. An area such as a portion of a province, city or
municipality, where there is actual or imminent danger of disorder, riot,
lawless violence, rebellious or seditious conspiracy, insurgency,
subversion or other criminal activities of such magnitude as to greatly
endanger lives and properties and set back or hamper the progress and
effective implementation of the economic, social, political and other
development and reform programs therein. [Sec. 1, PD 1162].
Ember. a hot piece or lump that remains after a material has partially
burned, and is still oxidizing without the manifestation of flames. [Sec.
3, PD 1185].
Embezzlement. Crim. Law. 1. The illegal transfer of money or property
that, although possessed legally by the embezzler, is diverted to the
embezzler personally by his fraudulent action. [Duhaime's Legal Dict.,
2004]. 2. The fraudulent appropriation by a person to his own use or
benefit or property or money entrusted to him by another. [Jurists
Legal Dict., 2004].
Embezzlement. Crim. Law. Also Estafa with abuse of confidence.
Elements: (a) that personal property is received in trust, on
commission, for administration or under any other circumstance
involving the duty to make delivery of or to return the same, even
though the obligation is guaranteed by a bond; (b) that there is
conversion or diversion of such property by the person who has so
received it or a denial on his part that he received it; (c) that such
conversion, diversion or denial is to the injury of another, and (d) that
there be demand for the return of the property, [Saddul v. CA, GR
91041. Dec. 10, 1990, citing Aquino, Vol. III, 1988 Ed., RPC, p. 247].

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Emergency. 1. An unforeseen combination of circumstances which calls
for immediate action to preserve the life of a person or to preserve the
sight of one or both eyes; the hearing of one or both ears; or one or
two limbs at or above the ankle or wrist. [Sec. 1, RA 9241]. 2. A
condition or state of a patient wherein based on the objective findings
of a prudent medical officer on duty for the day there is immediate
danger and where delay in initial support and treatment may cause loss
of life or cause permanent disability to the patient. [Sec. 2, RA 8344].
3. Any event or occurrence wherein the need for supplies or property
has become exceptionally urgent or absolutely indispensable and only
to prevent imminent danger to, or loss of, life or property. [IRR on
Emergency Medical and Dental Treatment Law. RA 1054.
Emergency rule. Civ. Law. Under the rule, one who suddenly finds
himself in a place of danger, and is required to act without time to
consider the best means that may be adopted to avoid the impending
danger, is not guilty of negligence, if he fails to adopt what
subsequently and upon reflection may appear to have been a better
method, unless the emergency in which he finds himself is brought
about by his own negligence. [McKee v. IAC, GR 68102. July 16, 1992].
Emergency treatment and support. Any medical or surgical measure
within the capability of the hospital or medical clinic that is
administered by qualified health care professionals to prevent the death
or permanent disability of a patient. [Sec. 2, RA 8344].
Emigrant. Any person, worker or otherwise, who emigrates to a foreign
country by virtue of an immigrant visa or resident permit or its
equivalent in the country of destination. [Art. 13, LC].
Eminent domain, power of. 1. The power of government to take
private property for public use. [Benguet v. Rep., GR L-71412. Aug. 15,
1986]. 2. The power of government to take and appropriate private
property for public use, which can be done only if due process is
complied with and just compensation is paid. While eminent domain
and expropriation are usually synonymous, eminent domain refers to
the right, while expropriation refers to the process. 3. Government's
right to appropriate, in the nature of a compulsory sale to the State,

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private property for public use or purpose. [Moday v. CA, GR 107916.
Feb. 20, 1997, citing Black's Law Dict. 616 (4th Ed.)].
Emission. The act of passing into the atmosphere an air contaminant,
pollutant, gas stream and unwanted sound from a known source. [Sec.
62, PD 1152].
Emolument. 1. The profit arising from office or employment; that which
is received as compensation for services or which is annexed to the
possession of an office, as salary, fees and perquisites. [Phil. Const.
Assoc. v. Gimenez, GR L-23326. Dec. 18, 1965]. 2. A legal word which
refers to all wages, benefits or other benefit received as compensation
for holding some office or employment. [Duhaime's Legal Dict., 2004].
Emotionally neglected children. There is emotional neglect when
children are maltreated, raped or seduced; when children are exploited,
overworked or made to work under conditions not conducive to good
health; or are made to beg in the streets or public places, or when
children are in moral danger, or exposed to gambling, prostitution and
other vices. [Art. 141, PD 603].
Empathy. A shared feeling between husband and wife experienced not
only by having spontaneous sexual intimacy but a deep sense of
spiritual communion. Marital union is a two-way process. [Ilusorio v.
Ilusorio-Bildner, GR 139789. July 19, 2001].
Employ. To suffer or permit to work. [Art. 97, LC].
Employee. 1. Labor. Any individual employed by an employer. [Art. 97,
LC]. 2. Health Ins. Any person who performs services for an employer
in which either or both mental and physical efforts are used and who
receives compensation for such services, where there is an
employer-employee relationship. [Sec. 1, RA 9241].
Employee of den, dive or resort. The caretaker, helper, watchman,
lookout, and other persons working in the den, dive or resort,
employed by the maintainer, owner and/or operator where any
dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof. [Sec 3, RA
9165].

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Employees' Compensation Commission (ECC). The agency created
under the Labor Code (PD 442) to initiate, rationalize and coordinate
the policies of the employees' compensation program. [Art. 176, LC].
Employees' Compensation Law. PD 626, as amended, (which)
grants disability benefits to those who suffer loss or impairment of a
physical or mental function resulting from injury arising out of, or in the
course of employment, or from any illness accepted as an occupational
disease listed by the ECC or any illness subject to proof that the risk of
contracting the same was increased by the claimant's working
conditions. [GSIS v. CA, GR 115243. Dec. 1, 1995].
Employer. 1. Labor. Any person acting directly or indirectly in the
interest of an employer in relation to an employee and shall include the
Government and all its branches, subdivisions and instrumentalities, all
government-owned or controlled corporations and institutions, as well
as non-profit private institutions or organizations. [Art. 97, LC]. 2.
Health Ins. A natural or juridical person who employs the services of an
employee. [Sec. 1, RA 9241]. 3. Any parent, legal guardian or producer
acting as employer who hires or engages the services of any child
below 15 years of age. [Sec. 2, RA 7658].
Employer - employee relationship. Elements: (a) Selection and
engagement of the employee; (b) payment of wages; (c) power of
dismissal; and (d) the power to control the employee's conduct.
[Vallum Security Services v. NLRC. GR 97320-27, July 30, 1993].
Employer's Liability Act. Act No. 1874. [Expressly repealed by the
Labor Code].
Employment. 1. Renumerative work either for an employer or
self-employment. [Sec. 1, Rule 1, Book 2, IRR of LC]. 2. In case of
private employers includes all employment or work at a trade,
occupation or profession exercised by an employer except domestic
service. [Sec. 39, RA 4119].
Empowerment. Providing authority, responsibility and information to
people directly engaged in agriculture and fishery production, primarily
at the level of the farmers, fisherfolk and those engaged in food and
non-food production and processing, in order to give them wider
choices and enable them to take advantage of the benefits of the
agriculture and fishery industries. [Sec. 4, RA 8435].

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

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1972, pp. 207-208]. 2. Every right to, or interest in, the land which may
subsist in third persons, to the diminution of the value of the land, but
consistent with the passing of the fee by the conveyance; any (act) that
impairs the use or transfer of property or real estate. [Roxas v. CA, GR
92245. June 26, 1991, citing 42 CJS, p. 549]. 3. Legal right to hinder or
impede the transfer of ownership. [Memo. from the Exec. Sec. dated
Aug. 20, 1998].
Encumbrancer. A lien or mortgage holder; one who has a legal claim
against an estate. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 274].
Encyclopedia. A book or series of books arranged alphabetically by
topics containing information on areas of law, including citations to
support the information. [Glossary of Legal Terms (Pro-Se), 2004].
Endangered rare or threatened species. Aquatic plants, animals,
including some varieties of corals and sea shells in danger of extinction
as provided for in existing fishery laws, rules and regulations. [Sec. 4,
RA 8550].
Endangered species. Species or subspecies that is not critically
endangered but whose survival in the wild is unlikely if the causal
factors continue operating. [Sec. 5, RA 9147].
Endemic species. Species or sub-species which is naturally occur-ring
and found only within specific areas in the country. [Sec. 5, RA 9147].
Endorsement. 1. A signature on the back of the bill of exchange by
which the person to whom the note is payable transfers it by thus
making the note payable to the bearer or to a specific person. 2. The
act of a payee, drawee, accommodation party, or holder of a negotiable
instrument in signing the back of the instrument, with or without
qualifying words, to transfer rights in the instrument to another. [Intl.
Law Dict. & Direct., 2004]. See Rider.
Endowment. The transfer of money or property (usually as a gift) to a
public organization for a specific purpose, such as medical research or
scholarships. [Duhaime's Legal Dict., 2004].
End-user of electricity. Any person or entity requiring the supply and
delivery of electricity for its own use. [Sec. 4, RA 9136].

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Energy plantation. A scheme whereby fast-growing crops or trees such
as ipil-ipil are deliberately and systematically planted in order to
continuously provide fuel to a power generating station located at the
site. [Sec. 2, PD 1068].
Energy projects. Activities or projects relative to the exploration,
extraction,
production,
importation-exportation,
processing,
transportation, marketing, distribution, utilization, conservation,
stockpiling, or storage of all forms of energy products and resources.
[Sec. 3, RA 7638].
Energy Regulatory Board (ERB). The independent, quasi-judicial
regulatory body created under EO 172, as amended. [Sec. 4, RA 9136].
Energy Regulatory Commission (ERC). The regulatory agency
created under RA 9136. [Sec. 4, RA 9136].
Enervate. To debilitate. [Morenos Law Dict., 2000 Ed., p. 154].
Engaging in business. Pursuing an occupation or employment as a
livelihood or source of profit and must be a series of acts rather than
the doing of a single act pertaining to the particular business. [Morenos
Law Dict., 2000 Ed., p. 154].
English Exchequer Rule. Evid. A specie of a mid-1800 rule pursuant to
which "a trial court's error as to the admission of evidence was
presumed to have caused prejudice and therefore, almost automatically
required a new trial. [People v. Teehankee, GR 111206-08. Oct. 6,
1995, citing La Fave and Israel, op cit, p 1160]. See Harmless error.
English rule. The rule that crimes committed aboard foreign merchant
vessels can be tried in the courts of that country, unless they merely
affect thing within the vessel or they refer to the internal management
thereof. [Claridades, A., Compilation of Notes, 2001-2006]. Compare
with French rule.
Enjoin. To order a person to perform, or to abstain and desist from
performing a specified act or course of conduct. [Jurists Legal Dict.,
2004].

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Enjoining. An order by the court telling a person to stop performing a
specific act. [Glossary of Legal Terms (Pro-Se), 2004]. See Injunction.
Enormity of order. That circumstance wherein the supplies or property
to be delivered exceed the normal requirement or is out of proportion
to the usual volume of orders. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].
Enquiry. Pub. Intl. Law. An ascertainment of the pertinent facts and
issues in a dispute. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p.
1077].
Enriquecimiento torticero. Sp. Unjust enrichment. [Claridades, A.,
Enrolled bill. A declaration by the two houses, through their presiding
officers, to the president, that a bill, thus attested, has received in due
form, the sanction of the legislative branch of the government, and that
it is delivered to him in obedience to the constitutional requirement that
all bills which pass Congress shall be presented to him. And when a bill,
thus attested, receives his approval, and is deposited in the public
archives, its authentication as a bill that has passed Congress should be
deemed complete and unimpeachable. [Tolentino v. Sec. of Finance,
GR 115525. Aug. 25, 1994, citing Field v. Clark, 143 U.S. 649, 36 L ed.
294].
Enrolled bill doctrine. The doc-trine under which a court may not look
behind a (legislative) bill, enrolled and certified by the appropriate
officers, to determine if there are any defects. [Dissenting Opinion,
Regalado J. in Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994,
citing 602 South Western Reporter, 2d Series, 402-425].
Enrollment. The process to be determined by the Phil. Health Ins. Corp.
(PHIC) in order to enlist individuals as members or dependents covered
by the National Health Insurance Program. [Sec. 1, RA 9241].
Entity. A person or legally recognized organization. [Glossary of Le-gal
Terms, Pro-Se Handbook, 2004].
Entrapment. 1. The employment of such ways and means for the
purpose of trapping or capturing a lawbreaker. [People v. Ramos, Jr.,

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203 SCRA 237 (1991)]. 2. The act of inducing a person to commit a
crime so that a criminal charge will be brought against him. [Glossary
of Legal Terms (Pro-Se), 2004]. Compare with Instigation.
Entrepreneurship. Training for self-employment or assisting individual
or small industries. [Art. 44, LC].
Entrepreneurship training. The training schemes to develop persons
for self-employment or for organizing, financing and/or managing an
enterprise. [Sec. 1, Rule 1, Book 2, IRR of LC].
Entrustee. The person having or taking possession of goods, documents
or instruments under a trust receipt transaction, and any successor in
interest of such person for the purpose or purposes specified in the
trust receipt agreement. [Sec. 3, PD 115].
Entruster. The person holding title over the goods, documents, or
instruments subject of a trust receipt transaction, and any successor in
interest of such person. [Sec. 3, PD 115].
Entry. Customs Law. 1. The documents filed at the Customs house. 2.
The submission and acceptance of the documents. 3. The procedure of
passing goods through the Customs house. [Rodriguez v. CA, GR
115218. Sep. 18, 1995, citing Tariff and Customs Code, Sec. 1201].
Entry of judgment. A statement of conclusion reached by the court and
placed in the court record. [Glossary of Legal Terms (Pro-Se), 2004].
Enucleation. The removal of the eye ball from the orbit after the optic
nerve and eye muscles have been severed. [Sec. 4, DOH Admin. Order
11-95].
Environment. The conditions, influences, or forces which affect the
desirability and value of property, as well as the effect on people's lives.
Environmental compliance certificate (ECC). The document issued
by the government agency concerned certifying that the project under
consideration will not bring about an unacceptable environmental
impact and that the proponent has complied with the requirements of
the environmental impact statement system. [Sec. 3, RA 7942].

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Environmental impact. The alteration, to any degree, of
environmental conditions or the creation of a new set of environmental
conditions, adverse or beneficial, to be induced or caused by a
proposed project. [Sec. 62, PD 1152].
Environmental impact statement (EIS). The document which aims
to identify, predict, interpret, and communicate information regarding
changes in environmental quality associated with a proposed project
and which examines the range of alternatives for the objectives of the
proposal and their impact on the environment. [Sec. 3, RA 7942].
Environmentally critical areas. Terrestrial, aquatic and marine areas
that need special protection and conservation measures as they are
ecologically fragile. [Sec. 3, RA 7611].
Environmental management. The entire system which includes, but is
not limited to, conservation, regulation and minimization of pollution,
clean production, waste management, environmental law and policy,
environmental education and information, study and mitigation of the
environmental impacts of human activity, and environmental research.
[Sec 4, RA 9275].
Environmental management system. The part of the overall
management system that includes organizational structure, planning
activities, responsibilities, practices, procedures, processes and
re-sources for developing, implementing, achieving, reviewing and
maintaining the environment policy. [Sec 4, RA 9275].
Environmental planner. A person engaged in the practice of
environmental planning and duly registered with the Board of
Environmental Planning. [Sec. 2, PD 1308].
Environmental planning. Activities concerned with the management
and development of land, as well as the preservation, conservation, and
rehabilitation of the human environment. [Sec. 2, PD 1308].
Envoy. See Diplomat or Ambassador.
Envoys extraordinary. See Ministers plenipotentiary.
Epilepsy. A symptom of some underlying brain damage or disorder.
[People v. Antonio, GR 107950. June 17, 1994].

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

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the accused. [People v. Benemerito, GR 120389. Nov. 21, 1996, citing
Phil. Law Dict. (1991-1992 supplement), 30].
Equiponderance of evidence rule. Rem. Law. The rule which that
states that when the scale shall stand upon an equipoise and there is
nothing in the evidence which shall incline it to one side or the other,
the court will find for the defendant. Under the said principle, the
plaintiff must rely on the strength of his evidence and not on the
weakness of defendant's claim. Even if the evidence of the plaintiff may
be stronger than that of the defendant, there is no preponderance of
evidence on his side if such evidence is insufficient in itself to establish
his cause of action. [Sapu-an v. CA, Oct. 19, 1992, 214 SCRA 701,
705-706].
Equitable assignment. An instrument, bill or note made payable to
order and transferred without indorsement. [Morenos Law Dict., 2000
Ed., p. 156].
Equitable estoppel. See Estoppel in pais.
Equitable interest. An interest not duly recognized by law, but in
equity alone; it is a right or interest in property which is imperfect and
unenforceable at law but which under well recognized equitable
principles should and is convertible into a legal right or title. [Diaz, Bus.
Law Rev., 1991 Ed., p. 213, citing 30 CJS 401].
Equitable mortgage. 1. A mortgage in which although lacking in some
formality, form or words, or other requisites demanded by a statute
nevertheless reveals the intention of the parties to charge a real
property as security for a debt, and contains nothing impossible or
contrary to law. [Santos v. CA, GR 83664. Nov. 13, 1989, citing 41 CJ
303; Art. 1602, CC). 2. One where the intention of the parties is simply
a security for the fulfillment of an obligation, but lacks the formalities of
a mortgage. [Diaz, Bus. Law Rev., 1991 Ed., p. 147].
Equitable ownership. That of one who has the beneficial ownership.
[Morenos Law Dict., 2000 Ed., p. 158]. Also Equitable title.
Equitable taxation. Taxation the burden of which falls on those better
able to pay. [Reyes v. Almanzor, GR 49839-46. Apr. 26, 1991].
Compare with Progressive taxation.

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

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its powers to avoid the negative consequences in the release of the
parties. [Albano, Rem. Law Reviewer, 1st Ed., p. 4, citing Agne v. Dir.
of Lands, 181 SCRA 793].
Equity of redemption. The right of the defendant mortgagor to
extinguish the mortgage and retain ownership of the property by
paying the amount fixed in the decision of the court within ninety (90)
to one hundred twenty (120) days after entry of judgment or even after
the foreclosure sale but prior to its confirmation. [Bench Book for Trial
Court Judges, p. 2-91, citing Sec. 2, Rule 68, RoC]. Compare with
Right of redemption.
Equity of the incumbent. Labor. The rule that all existing federations
and national unions which meet the qualifications of a legitimate labor
organization and none of the grounds for cancellation shall continue to
maintain their existing affiliates regardless of the nature of the industry
and the location of the affiliates. [Art. 240, LC].
Erectile dysfunction or impotence. Legal Med. The inability to initiate
or maintain an erection of the penis usually resulting from vascular
impairment, neurologic disorders, drugs, abnormalities of the penis or
psychological problems that interfere with sexual arousal. [Olarte, Legal
Med., 1st Ed. (2004), p. 126].
Ergo, res inter alios judicatae nullum aliis praejudicarium
faciunt. Lat. Matters adjudged in a cause do not prejudice those who
were not parties to it. [Arcelona v. CA, GR 102900. Oct. 2, 1997, citing
Black's Law Dict., 5th Ed., p. 1178].
Erroneous appeal. An appeal taken to either the Supreme Court or the
Court of Appeals by the wrong or inappropriate mode (which under the
rules) shall be dismissed. [Nerves v. CSC, GR 123561. July 31, 1997,
citing SC Circular 2-90].
Error en la persona. See Aberratio ictus.
Error in personae. Crim. Law. Lat. Mistake in the identity of the victim.
[People v. Sabalones, GR 123485. Aug. 31, 1998]. Compare with
Aberratio ictus.

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

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Escape of prisoner under the custody of a person not a public
officer. Crim. Law. The felony committed by any private person to
whom the conveyance or custody or a prisoner or person under arrest
shall have been confided, who shall commit any of the offenses
mentioned in Art. 223 and 224 of the Rev. Penal Code. [Art. 225, RPC].
Escheat. 1. A (special) proceeding whereby the real and personal
property of a deceased person becomes the property of the State upon
his death without leaving any will or legal heirs. [Mun. Council of San
Pedro v. Colegio de San Jose, GR 45460. Feb. 25, 1938]. 2. The
reversion of property to the State when the title thereto fails from
defect of an heir. It is the falling of a decedents estate into the general
property of the State. [Bench Book for Trial Court Judges, p. 3-2]. 3.
The process by which a deceased person's property goes to the state if
no heir can be found. [Glossary of Legal Terms (Pro-Se), 2004].
Escritura de venta absoluta. Sp. Deed of absolute sale. [Claridades,
Escrow. 1. When the performance of something is outstanding and a
third party holds onto the money or a written document (such as
shares or a deed) until a certain condition is met between the two
contracting parties. 2. Money or a written instrument such as a deed
that, by agreement between two parties, is held by a neutral third party
(held in escrow) until all conditions of the agreement are met. [Glossary
Escrow shares. Corp. Law. Those deposited with a person to be
delivered to another upon fulfillment of a condition. [Diaz, Bus. Law
Rev., 1991 Ed., p. 250].
Eskirol. Tag. Scab. [Lino v. Fugoso, GR L-1159. Jan. 30, 1947].
Espionage. Crim. Law. The felony committed by any person who
without authority therefor, enters a warship, fort, or naval or military
establishment or reservation to obtain any information, plans,
photographs, or other data of a confidential nature relative to the
defense of the Philippine archipelago; or being in possession, by reason
of the public office he holds, of such articles, data, or information,
discloses their contents to a representative of a foreign nation. [Art.
117, RPC].

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Espionage Law. CA 616 entitled An Act to punish espionage and other
offenses against the national security enacted on June 4, 1941.
Essential drugs list. Also National drug formulary. A list of drugs
prepared and periodically updated by the Department of Health on the
basis of health conditions obtaining in the Philippines as well as on an
internationally accepted criteria. It shall consist of a core list and a
complementary list. [Sec 3, RA 9165].
Essential hypertension. Commonly used to describe a rise in the blood
pressure of an individual when no specific factor is attributed to its
development. [Naval v. ECC, GR 83568. July 18, 1991].
Establish. To settle or fix firmly; place on a permanent footing. To
originate and secure the permanent existence of, to found, to institute,
to create and regulate, as of a colony, estate or other institution or to
place upon a secure foundation. [Palad v. Gov. of Quezon, GR L-24302.
Aug. 18, 1972].
Established value. See Information value.
Estafa. Also Swindling. Crim. Law. The felony committed by any
person who shall defraud another, if the fraud be committed by any of
the following means: (a) With unfaithfulness or abuse of confidence;
(b) by means of false pretenses or fraudulent acts executed prior to or
simultaneously with the com-mission of the fraud; (c) through any of
the following fraudulent means: (i) by inducing another, by means of
deceit, to sign any document; (ii) by resorting to some fraudulent
practice to insure success in a gambling game; (iii) by removing,
concealing or destroying, in whole or in part, any court record, office
files, document or any other papers. [Art. 315, RPC].
Estafa. Elements: (a) That the accused defrauded another (a) by abuse
of confidence, or (b) by means of deceit; and (b) that damage or
prejudice capable of pecuniary estimation is caused to the offended
party or third party. [People v. Bautista, 241 SCRA 216, 222, Feb. 9,
1995].
Estafa notes. A much abused and trite device resorted to by money
lenders to cover their usurious lending activities, [Morenos Law Dict.,
2000 Ed., p. 161].

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Estafa through misappropriation. Elements: (a) That money, goods
or other personal property is received by the offender in trust, or in
commission or for administration, or under any other obligation
involving the duty to make delivery of, or to return, the same; (b) that
there be misappropriation or conversion of such money or property by
the offender or denial on his part of such receipt; (c) that such
misappropriation or conversion or denial is to the prejudice of another;
and (d) that there is a demand made by offended party on the
offender. [Fontanilla v. People, GR 120949. July 5, 1996, citing Reyes,
The Rev. Penal Code, Book II, 13th Ed., p. 658]. See also Estafa with
abuse of confidence.
Estafa with abuse of confidence. Elements: (a) That money, goods,
or other personal property be received by the offender in trust, or on
commission, or for administration, or under any obligation involving the
duty to make delivery of, or to return, the same; (b) that there be
misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt; (c) that such
misappropriation or conversion or denial is to the prejudice of another;
(d) that there is a demand made by the offended party on the offender.
[Art. 315, RPC]. See also Estafa through misappropriation.
Estate. 1. The totality of interest which a person has from absolute
ownership down to naked possession. [PNB v. CA, GR 118357. May 6,
1997]. 2. The property and transmissible rights and obligations of a
person existing at the time of his death and those which have accrued
thereto since the opening of the succession. [Morenos Law Dict., 2000
Ed., p. 161].
Estate planning. the area of law that deals with planning for the
inevitability of death, such as obtaining life insurance to pay for the
costs of a funeral, preparing a simple Will, and other preparations.
More comprehensive planning, such as preparing a more complex Will,
Trust, and related estate planning documents may also be needed. It
depends on the size of the estate and how comprehensive the needs
are. [LawInfo Legal Dictionary (2005)].
Estate tax. Generally, a tax on the privilege of transferring property to
others after a person's death. [Glossary of Legal Terms (Pro-Se), 2004].

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Estimated tax. The amount which the individual declared as income tax
in his final adjusted and annual income tax return for the preceding
taxable year minus the sum of the credits allowed under this Title
against the said tax. If, during the current taxable year, the taxpayer
reasonably expects to pay a bigger income tax, he shall file an
amended declaration during any interval of installment payment dates.
Estoppel. 1. An admission or representation which is rendered
conclusive upon the person making it, and cannot be denied or
disproved as against the person relying thereon. [Art. 1431, CC]. 2. It
arises when one, by his acts, re-presentations, or admissions, or by his
silence when he ought to speak out, intentionally or through culpable
negligence induces another to believe certain facts to exist and such
other rightfully relies and acts on such belief, so that he will be
prejudiced if the former is permitted to deny the existence of such facts
[Huyatid v. Huyatid, 47265-R, Jan. 4, 1928].
Estoppel against tenant. A tenant is not permitted to deny the title of
his landlord at the time of the commencement of the relation of
landlord and tenant between them. This is a conclusive presumption.
[Sec. 2 (b), Rule 131, RoC].
Estoppel by conduct. Requisites: (a) There must have been a
representation or concealment of materiel facts; (b) the representation
must have been with knowledge of the facts; (c) the party to whom it
was made must have been ignorant of the truth of the matter; and (d)
it must have been made with the intention that the other party would
act upon it. [Maneclang v. Baun, 208 SCRA 179, at p. 192 (Apr. 22,
1992)].
Estoppel by deed. A doctrine in American jurisprudence whereby a
party creating an appearance of fact which is not true is held bound by
that appearance as against another person who has acted on the faith
of it. [Strong v. Gutierrez Repide, 6 Phil. 685]. Compare with Estoppel
in pais.
Estoppel by judgment. The rule precluding the litigation of particular
issues in a subsequent action on a different cause of action. [Meralco v.
CA, GR L-33794. May 31, 1982, citing 46 Am Jur 2d. pp. 563-566].
Sometimes called Estoppel by record.

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

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where without its aid injustice might result. [PNB v. CA, L-30831, Nov.
21, 1979, 94 SCRA 368].
Estoppel in pais or by conduct. Also Equitable estoppel. It arises
when one, by his acts, representations or admissions, or by his silence
when he ought to speak out, intentionally, or through culpable
negligence, in-duces another to believe certain facts to exist and such
other rightfully relies and acts on such belief, so that he will be
prejudiced if the former is permitted to deny the existence of such
facts. [Panay Electric v. Ca, GR 81939. June 29, 1989]. Compare with
Estoppel by deed.
Estoppel in pais or by conduct. Also Equitable estoppel. Elements:
(a) There must have been a representation or concealment of material
facts; (b) the representation must have been made with knowledge of
the facts; (c) the party to whom it was made must have been ignorant
of the truth of the matter; and (d) it must have been made with the
intention that the other party would act upon it. [Bucoy v. Paulino, GR
L-25775. Apr. 26, 1968; Art. 1437, CC].
Estrada doctrine. Intl. Law. 1. The doctrine that espouses a policy of
never issuing any declaration giving recognition to governments and of
accepting whatever government is in effective control without raising
the issue of recognition. [Sandoval, Pol. Law Reviewer 2003]. 2. A
doctrine attributed to Foreign Minister Genaro Estrada of Mexico. [Cruz,
Intl. Law Reviewer, 1996 Ed., p. 44]. Compare with Wilson doctrine.
Et al. An abbreviation of the Latin et alii, meaning "and others,"
ordinarily used in lieu of listing all names of persons involved in a
proceeding. [Jurists Legal Dict., 2004].
Ethics. Of or relating to moral action and conduct; professionally right;
conforming to professional standards. [Glossary of Legal Terms
(Pro-Se), 2004].
Ethnolinguistic regions. Certain geographical areas where particular
groups of people speak a common language. [Sec. 3, RA 7104].
Et seq. An abbreviation for the Latin et sequentes, meaning "and the
following," ordinarily used in referring to a section of statutes. [Jurists
Legal Dict., 2004].

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Euthanasia. 1. The putting to death, by painless method, of a
terminally-ill or severely debilitated person through the omission
(intentionally withholding a life-saving medical procedure, also known
as Passive euthanasia) or commission of an act (Active euthanasia).
[Duhaime's Legal Dict., 2004]. 2. Mercy killing. [Bagajo v. Marave, GR
L-33345. Nov. 20, 1978].
Evasion of service of sentence. Crim. Law. The felony committed by
any convict who shall evade service of his sentence by escaping during
the term of his imprisonment by reason of final judgment. Such evasion
or escape may also take place by means of unlawful entry, by breaking
doors, windows, gates, walls, roofs, or floors, or by using picklocks,
false keys, deceit, violence or intimidation, or through connivance with
other convicts or employees of the penal institution. [Art. 157, RPC].
Evasion of service of sentence. Crim. Law. Elements: (a) The
offender is a convict by final judgment; (b) he "is serving his sentence
which consists in deprivation of liberty"; and (c) he evades service of
sentence by escaping during the term of his sentence. [Tanega v.
Masakayan, GR L-27191. Feb. 28, 1967, citing Reyes, Rev. Penal Code,
1956 Ed., Vol. II, p. 115].
Evasion of service of sentence on the occasion of disorder,
conflagrations, earthquakes, or other calamities. Crim. Law. The
felony committed by a convict who shall evade the service of his
sentence, by leaving the penal institution where he shall have been
confined, on the occasion of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during a mutiny in
which he has not participated. [Art. 158, RPC].
Evasion of the law. A principle of the conflict of laws, better
civilian jurisdictions, which consists of the intentional and
manipulation of contacts (connecting factors), in order to
application of the proper law. [Tetley, Glossary of Conflict
2004].
known in
improper
avoid the
of Laws,
Every. Each one of a group, without exception. It means all possible and
all, taken one by one. [National Housing Corp. v. Juco, 134 SCRA 173].
Eviction. 1. The act which deprives a person of the use and enjoyment
of property. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2. The judicial
process which takes place whenever by a final judgment based on a

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right prior to the sale or an act imputable to the vendor, the vendee is
deprived of the whole or of a part of the thing purchased. [Diaz, Bus.
Law Rev., 1991 Ed., p. 133, citing Art. 1548, CC].
Evidence. 1. The means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a matter of
fact. [Sec. 1, Rule 128, RoC]. 2. Proof of fact(s) presented at a trial.
The best and most common method is by oral testimony where an
eye-witness swears to tell the truth and to then relate to the court his
experience. Besides oral testimony, an object can be deposited with the
court (e.g., a signed contract). This is sometimes called real evidence.
In other cases, evidence can be circumstantial. [Duhaime's Legal Dict.,
2004].
Evidence aliunde. Evidence from outside, from another source. In
certain cases, a written instrument may be explained by evidence
aliunde, that is, by evidence drawn from sources exterior to the
instrument itself, e.g., the testimony of a witness to conversations,
admissions, or preliminary negotiations. Evidence aliunde (i.e., from
outside the will) may be received to explain an ambiguity in a will.
Evidence in chief. Direct evidence. [Morenos Law Dict., 2000 Ed., p.
162].
Evident. Clear to the vision and understanding. [Morenos Law Dict.,
2000 Ed., p. 162].
Evidentiary facts. 1. Facts necessary to prove essential or ultimate
facts. [Salita v. Magtolis, GR 106429. June 13, 1994, citing Black's Law
Dict., 4th Ed.]. 2. Those facts which are necessary for determination of
the ultimate facts; they are the premises upon which conclusions of
ultimate facts are based. [Tantuico v. Rep., GR 89114. Dec. 2, 1991,
citing Black's Law Dict., 5th Ed., p. 500]. Compare with Ultimate
facts.
Evident premeditation. Elements: (a) The time when the accused
decided to commit the crime; (b) an overt act showing that the accused
had clung to their determination to commit the crime; and (c) the lapse
of a sufficient period of time between the decision and the execution of

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the crime, to allow the accused to reflect upon the consequences of the
act. [People v. Silvestre, 244 SCRA 479, 494-495, May 29, 1995].
Ex abundanti cautela. Lat. With abundant caution. Stated in opposition
to a court order, it is an expression that petitioner takes such order
with abundant abundant caution. [Morenos Law Dict., 2000 Ed., p.
163].
Ex aequo et bono. Lat. 1. "In justice and fairness." Something to be
decided ex aequo et bono is something that is to be decided by
principles of what is fair and just. Most legal cases are decided on the
strict rule of law. For example, a contract will be normally upheld and
enforced by the legal system no matter how "unfair" it may prove to
be. But a case to be decided ex aequo et bono, overrides the strict rule
of law and requires instead a decision based on what is fair and just
given the circumstances. [LawInfo Legal Dictionary (2005)]. 2.
According to what is just and good. Maxim that a tribunal should decide
a dispute upon rules of equity rather upon than upon the existing rules
of international law. (a) The International Court of Justice will only
make such a decision if instructed to do so by the parties. (b) Other
international tribunals (including the International Labor Organization
Administrative Tribunal) have held that they have inherent equitable
powers to decide disputes. [Intl. Law Dict. & Direct., 2004].
Exaltation. Legal Med. A feeling of unwarranted well-being and
happiness. [Olarte, Legal Med., 1st Ed. (2004), p. 150].
Examination. Admin. Law. 1. A civil service examination conducted by
the Civil Service Commission and its regional offices or by other
departments or agencies with the assistance of the Commission, or in
coordination or jointly with it, and those that it may delegate to
departments and agencies pursuant to PD 807, or those that may have
been delegated by law. [Sec. 3, PD 807]. 2 As applied to auditing, it
means "to probe records, or inspect securities or other documents;
review procedures, and question persons, all for the purpose of arriving
at an opinion of accuracy, propriety, sufficiency, and the like." [Arias v.
Sandiganbayan, GR 81563. Dec. 19, 1989, citing State Audit Code of
the Phils., Annotated by Tantuico, 1982 Ed., p. 57].
Examination-in-chief. Rem. Law. The questioning of one lawyers own
witness under oath. Witnesses are introduced to a trial by their
examination-in-chief, which is when they answer questions asked by

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the lawyer representing the party which called them to the stand. After
their examination-in-chief, the other party's lawyer can question them
too; this is called cross-examination. [Duhaime's Legal Dict., 2004].
Examination of books. The mathematical process of verifying figures
and computations without in any way determining whether or not a
particular item may be allowed. In other words, examination is but a
phase of auditing, auditing being more comprehensive than
examination. [Morenos Law Dict., 2000 Ed., p. 164].
Examination of debtor. Rem. Law. Under Sec. 38, Rule 39 of the Rules
of Court, the examination of a judgment debtor when the execution is
returned unsatisfied (which) is a proceeding supplementary to
execution and is entirely statutory. They are supplementary
proceedings, in part a summary method of purging the debtors
conscience and compelling the disclosure of any property he may have
which is not exempt from execution. [Morenos Law Dict., 2000 Ed., p.
164].
Exceeds arrangements. A banking phrase indicating that there was no
deposit or arrangement with the bank for the payment of the
dishonored check. [Morenos Law Dict., 2000 Ed., pp. 164-165].
Excellence. The efficient, effective and innovative delivery of relevant,
functional, and quality programs in teacher education, training,
re-search and community service. [Sec. 2, RA 7784].
Exceptio firmat regulim in casibus non exceptis. Lat. Expressed
exception or exemption excludes others. [Tibay v. CA, GR 119655. May
24, 1996].
Excessive expenditures. Unreasonable expense or expenses incur-red
at an immoderate quantity and exorbitant price. These include
expenses which exceed what is usual or proper as well as expenses
which are unreasonably high, and beyond just measure or amount.
They also include expenses in excess of reasonable limits. [Arriola v.
COA, GR 90364. Sep. 30, 1991, citing COA Circ. 85-55-A].
Excessive fine. A fine that exceeds the utmost limit of punishment
which the vindication of the law demands. [US v. Valera, GR 8956. Feb.
4, 1914].

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Excess of jurisdiction. Rem. Law. The court has jurisdiction but fails to
comply with the conditions prescribed for its exercise. [Bench Book for
Trial Court Judges, p. 2-86, citing Leung Ben v. OBrien, 38 Phil. 182
(1918)].
Excess property. A property no longer needed by a department or an
office. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Exchange. 1. An organized market place or facility that brings together
buyers and sellers and executes trade of securities and/or commodities.
[Sec. 3, RA 8799]. 2. Any organization, association, or group of persons
which constitutes, maintains, or provides a market place or facilities for
bringing together purchasers and sellers of securities or for otherwise
performing with respect to securities the functions commonly
performed by a stock exchange as that term is generally understood,
and includes the market place and the market facilities maintained by
such exchange. [Sec. 3, RA 2629]. 3. A voluntary association or
corporation organized for the purpose of furnishing to its members a
convenient and suitable place to transact their business of promoting
uniformity in the customs and usages of merchants, of inculcating
principles of justice and equity in trade, of facilitating the speedy
adjustment of business disputes, of acquiring and disseminating
valuable commercial and economic information and generally of
securing to its members the benefits of co-operation in the furtherance
of their legitimate pursuits. [Lopez, Locsin, Ledesma & Co., Inc. v. CA,
GR L-41291. Dec. 8, 1988].
Exchange contract. See Barter contract.
Exchange control. A rule that made it illegal for anybody to possess or
keep in the Philippines any form of money or currency other than
Philippine currency and for Filipino citizens to possess or keep outside
the Philippines any form of foreign currency. Anybody in the Philippines
desiring to use foreign currency had to apply to the Central Bank (now
Bangko Sentral) or to any of its duly authorized agents licensed
commercial banks doing business in the Philippines for a license to
purchase foreign currency, stating in his application the reason
justifying his request. [Morenos Law Dict., 2000 Ed., p. 165].
Exchange of agreement. Intl. Law. An international agreement
entered into between the executive department of governments
concerning matters of lesser importance than those dealt with by

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treaties. Usually, they do not require the concurrence of legislative
bodies to make them effective. [Coquia and Santiago, Intl. Law, 3rd Ed.
(1998), p. 493].
Exchange of notes. Intl. Law. An informal method by which States
subscribe to a certain understanding or recognize certain obligations as
binding upon them. Usually, formal notes are exchanged by ministers of
foreign affairs acting in behalf of their governments. [Coquia and
Santiago, Intl. Law, 3rd Ed. (1998), p. 492].
Exchange rate or rate of exchange. The price, or the indication of
the price, at which one can sell or buy with one's own domestic
currency a foreign currency unit. Normally, the rate is determined by
the law of supply and demand for a particular currency. [Gonzalo L.
Manuel & Co. v. Central Bank, GR L-21789. Apr. 30, 1971, citing Dict.
of Foreign Trade, Henius, p. 294].
Exchange rate, legal. See Legal exchange rate.
Excise duty. An inland impost, levied upon articles of manufacture or
sale, and also upon licenses to pursue certain trades or to deal in
certain commodities. [Garcia v. Exec. Sec., GR 101273. July 3, 1992,
citing Cooley, on Taxation, p. 3].
Excise tax. A charge imposed upon the performance of an act, the
enjoyment of a privilege, or the engaging in an occupation. [Villanueva
v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 61].
Exclusionary rule. 1. Const. Law. The rule enforcing the constitutional
injunction against unreasonable searches and seizures by outlawing all
evidence illegally seized and thereby removing the incentive on the part
of the military and police officers to disregard such basic rights.
[Teehankee, J., concurring and dissenting opinion, in Nolasco v. Pao,
GR L-69803. Oct. 8, 1985]. 2. Rem. Law. The rule preventing illegally
obtained evidence to be used in any trial. [Glossary of Legal Terms
(Pro-Se), 2004]. 3. Spec. Pro. The rule that the court first taking
cognizance of the settlement of the estate of the decedent shall
exercise jurisdiction to the exclusion of all other courts. [Claridades, A.,
Exclusive. Possessed to the exclusion of others; appertaining to the
subject alone, not including, admitting or pertaining to another or

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others, undivided, sole. [Tolentino v. Sec. of Finance, GR 115455. Aug.
25, 1994].
Exclusive bargaining representative. Labor. Any legitimate labor
organization duly recognized or certified as the sole and exclusive
bargaining agent of all the employees in a bargaining unit. [Sec. 1, DO
09, s. 1997, amending Book V, LC].
Exclusive economic zone (EEZ). 1. An area beyond and adjacent to
the territorial sea which shall not extend beyond 200 nautical miles
from the baselines as defined under existing laws. [Sec. 4, RA 8550]. 2.
The water, sea bottom and subsurface measured from the baseline of
the Philippine archipelago up to two hundred nautical miles (200 n. m.)
offshore. [Sec. 3, RA 7942]. 3. A maritime zone seaward of the
territorial sea with an outer boundary that may be up to 200 miles out
from the territorial sea's baselines. Within this, a coastal state may
regulate. (a) nonliving resources, including the seabed, subsoil, and
superjacent waters; (b) living resources, including fish, crustaceans,
and plants; (c) other economic resources, such as the production of
energy from the water, currents, and winds; (d) artificial islands,
installations, and structures; (e) marine scientific research; and (f)
pollution control. [Intl. Law Dict. & Direct., 2004].
Exclusive jurisdiction. It precludes the idea of co-existence and refers
to jurisdiction possessed to the exclusion of others. [Ong v. Parel, GR
76710. Dec. 21, 1987, citing Black's Law Dict., pp. 673 and 1251].
Exclusively. 1. Apart from all others; only; solely; substantially all or for
the greater part. To the exclusion of all others; without admission of
others to participation; in a manner of exclude. [Tolentino v. Sec. of
Finance, GR 115455. Aug. 25, 1994]. 2. In an exclusive manner, to the
exclusion of all others; only; as, it is his, exclusively. [Webster's New
Intl. Dict. (3rd Ed., 1986)].
Exclusive possession. Possession when the adverse possessor can
show exclusive dominion over the land and an appropriation of it to his
own use and benefit. [Dir. of Lands v. IAC, GR 68946. May 22, 1992,
citing Black's Law Dict., 5th Ed., 507].
Exclusive property of each spouse. The following shall be the
exclusive property of each spouse: (a) That which is brought to the
marriage as his or her own; (b) that which each acquires during the

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marriage by gratuitous title; (c) that which is acquired by right of
redemption, by barter or by exchange with property belonging to only
one of the spouses; and (d) that which is purchased with exclusive
money of the wife or of the husband. [Art. 109, FC].
Exclusive sand and gravel permit. The permit granted by the
provincial governor to any qualified person to quarry and utilize sand
and gravel or other loose or unconsolidated materials from public lands
for his own use, provided that there will be no commercial disposition
thereof. [Sec. 48, RA 7942].
Ex contractu. Lat. Arising from a contract. [Jurists Legal Dict., 2004].
Compare with Ex delicto.
Exculpate. To excuse or justify a wrong action. [Duhaime's Legal Dict.,
2004].
Excusable neglect. Failure to take the proper steps at the proper time,
not in consequence of a partys own carelessness, inattention, or willful
disregard of the unavoidable hindrance on the care and vigilance of his
counsel or on promises made by the adverse party. [Albano, Rem. Law
Reviewer, 1st Ed., p. 340, citing Blacks Law Dict., 5th Ed., p. 508].
Excussion. Previous exhaustion of the property of the debtor. [Art.
2059, CC].
Excussion, exceptions to benefits of. The guarantor is not entitled to
the benefits of excussion (a) if he has expressly renounced it; (b) if he
has bound himself solidarily with the debtor; (c) in case of insolvency of
the debtor; (d) when he has absconded, or cannot be sued within the
Philippines unless he has left a manager or representative; (e) if it may
be presumed that an execution on the property of the principal debtor
would not result in the satisfaction of the obligation. [Art. 2059, CC].
Ex delicto. Lat. Arising from a wrong, breach of duty. [Jurists Legal
Dict., 2004]. Compare with Ex contractu.
Ex die. Lat. A term with a suspensive effect, from a certain day. [PCIB v.
Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with In
diem.

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Execute. To complete; to sign; to carry out according to its terms.
Execute a contract. Civ. Law. The ordinary or dictionary meaning of
the term is or includes: to put into effect; carry out fully and
completely; perform, effect; to give effect to; do what is provided or
required; perform the requirements of; perform the acts necessary to
the effectiveness of; complete; perform what is required to give validity
to (as by signing and perhaps sealing and delivering). [Eastern
Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989].
Executed. Civ. Law. It means that all the terms of the contract have
been fulfilled. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with
Executory.
Execution. Civ. Law. The term is understood ordinarily and literally as
referring to both the act or process of executing; performance,
accomplishment, and, the act of signing, sealing, and delivering a legal
instrument or giving it the forms required to make it valid. Thus, the
ordinary meaning of execution is not limited to the signing or
concluding of a contract but includes as well the performance or
implementation or accomplishment of the terms and conditions of such
contract. [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22,
1989].
Execution. Rem. Law. 1. The accomplishment of a thing; the completion
of an act or instrument; the fulfillment of an undertaking. [Francisco,
Evidence, Vol. VII, Part 1, 1997 Ed., p. 155]. 2. The process which
carries into effect a decree or judgment. [PAL v. CA, GR 49188. Jan.
30, 1990, citing Black's Law Dict.].
Execution as a matter of right. See Ministerial execution.
Execution and delivery of the document; by whom established.
The execution and delivery of the document may be established: (a) by
the person or persons who executed it; (b) by the person before whom
its execution was acknowledged; (c) by any person who was present
and saw it executed and delivered; (d) by any person who, after its
execution and delivery, saw it and recognized the signatures; or (e) by
a person to whom the parties to the instrument had previously
confessed the execution thereof. [E. Michael & Co. v. Enriquez, GR

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10824. Dec. 24, 1915]. See also Destruction of the instrument;
how proved and Loss of the instrument; how shown.
Execution of deeds by means of violence or intimidation. The
offense committed by any person who, with intent to defraud another,
by means of violence or intimidation, shall compel him to sign, execute
or deliver any public instrument or documents. [Art. 298, RPC].
Execution of judgment pending appeal. See Discretionary
execution.
Execution of judgment pending appeal. Requisites for the valid
exercise of the discretion: (a) There must be a motion by the prevailing
party with notice to the adverse party; (b) there must be a good reason
for execution pending appeal; and (c) the good reason must be stated
in a special order. [Engg Constn v. Napocor, 163 SCRA 9, 15-16
[1988]; Eudela v. CA, supra note 36, at 551].
Execution of judgments; when stayed. The court would invariably
stay execution of judgments: (a) when certain facts and circumstances
transpire or supervene after the judgment has become final which
could render the execution of the judgment unjust; (b) when there has
been a change in the situation of the parties which make such
execution inequitable or would render the execution of the judgment
unjust; (c) when it appears that the controversy had never been
submitted to the judgment of the court; (d) when it appears that the
writ has been issued improvidently or without authority or against the
wrong party; (e) that the judgment debt has been paid or otherwise
satisfied; or (f) where it becomes imperative, in the higher interests of
justice, to direct its modification in order to harmonize the disposition
with the prevailing circumstances. [Ortegas v. Hidalgo, GR 80140. June
28, 1991].
Execution, writ of. See Writ of Execution.
Executive agreement. A treaty or international agreement entered into
by a state's executive without following the state's constitutionally
required ratification procedure. It is not effective domestically. [Intl.
Executive clemency. See Clemency.

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Executive committee. A committee created under the by-laws of a
corporation composed of not less than three members of the board of
directors, to be appointed by such board, which may act, by majority
vote of all its members, on such specific matters within the competence
of the board, as may be delegated to it in the by-laws or on a majority
vote of the board, except with respect to: (a) approval of any action for
which shareholders' approval is also required; (b) the filing of vacancies
in the board; (c) the amendment or repeal of by-laws or the adoption
of new by-laws; (d) the amendment or repeal of any resolution of the
board which by its express terms is not so amendable or repealable;
and (e) a distribution of cash dividends to the shareholders. [Sec. 35,
Corp. Code].
Executive construction. The construction and interpretation of laws or
statutes by the various executive heads of the various departments of
the government. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9,
citing Govt. v. Mun. of Binalonan, 32 Phil. 634].
Executive judge. The presiding or administrative judge in a court.
Executive power. Pol. Law. The power to enforce and administer the
laws. It is the power of carrying the laws into practical operation and
enforcing their due observance. [Ople v. Torres, GR 127685. July 23,
1998, citing Cruz, Phil. Pol. Law, p. 173 (1996) and Taada and
Carreon, Pol. Law of the Phils., vol. 1, p. 275 (1961)].
Executor. 1. The person named in the will who is entrusted to
implement its provisions. But the executor needs to be issued letters
testamentary after the court determines his or her qualifications. A lady
executor is called executrix. [Bench Book for Trial Court Judges, p.
3-2]. 2. A person specifically appointed by a testator to administer the
will ensuring that final wishes are respected (i.e., that the will is
properly executed). An executor is a personal representative.
[Duhaime's Legal Dict., 2004]. 3. A personal representative, named in a
will, who administers an estate. [Glossary of Legal Terms (Pro-Se),
2004].
Executory. It means that some provisions of the contract still have to be
complied with. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare
with Executed.

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Executory contract. A contract where no performance has yet been
made. [Morenos Law Dict., 2000 Ed., p. 167].
Exemplary or corrective damages. 1. These are imposed, by way of
example or correction for the public good, in addition to the moral,
temperate, liquidated or compensatory damages. [Art. 2229, CC]. 2.
Damages which are given in enhancement merely of the ordinary
damages on account of wanton, reckless, malicious or oppressive
character of the acts complained of. Such damages go beyond the
actual damages suffered in the case; they are allowed as a punishment
of the defendant as a deterrent to others. The terms exemplary,
punitive and vindictive damages are used interchangeably. [Torres,
Oblig. & Cont., 2000 Ed., p. 335].
Exempting circumstances. Those circumstances wherein there is an
absence in the agent of the crime any or all of the conditions that
would make an act voluntary and hence, although there is no criminal
liability, there is civil liability. [Gregorio, Fund. of Crim. Law Rev., 1997
9th Ed., p. 51].
Exemption from taxation. See Tax exemption.
Exequatur. From Lat. exequi: to perform or to execute. 1. Hearing to
determine if a foreign judgment should be recognized and enforced
locally. [Intl. Law Dict. & Direct., 2004]. 2. The permission given the
consuls by the receiving state to perform their functions therein. [Cruz,
Intl. Law Reviewer, 1996 Ed., p. 90]. Compare with Letter patent.
Ex filio. Sp. Of the son. [Barretto v. Tuason, GR 23923. Mar. 23, 1926].
Exhaustion doctrine. Doctrine that holds that, once a copy of a
copyrighted work is in circulation, the author has no further right to
control its distribution. [Intl. Law Dict. & Direct., 2004].
Exhaustion of administrative remedies doctrine. Resort to the
appropriate administrative authorities in the resolution of a controversy
falling under their jurisdiction before the same may be elevated to the
courts of justice for review. [Sunville v. Abad, GR 85502. Feb. 24,
1992].
Exhaustion of administrative remedies. Exceptions: (a) When the
question raised is purely legal; (b) when the administrative body is in

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estoppel; (c) when the act complained of is patently illegal; (d) when
there is urgent need for judicial intervention; (e) when the claim
involved is small; (f) when irreparable damage will be suffered; (g)
when there is no other plain, speedy and adequate remedy; (h) when
strong public interest is involved; (i) when the subject of the
controversy is private land; and (j) in quo warranto proceedings.
Exhaustion of remedies. Intl. Law. Before suit may be brought against
a state in an international tribunal on behalf of a private person, the
private person must first seek to obtain relief from that state. [Intl. Law
Exhaustion of rights doctrine. Doctrine that holds that, once a good
made or sold under license is in circulation, the licensor has no further
right to control its distribution. [Intl. Law Dict. & Direct., 2004].
Exhibitionism. Also Indecent exposure. Legal Med. The willful
exposure in public places of ones genital in the presence of other
persons, usually the opposite sex. [Olarte, Legal Med., 1st Ed. (2004),
p. 118].
Exhibits. Evid. 1. Documents or objects shown to the court as evidence
in a trial. They are each given a number or letter by the clerk of court
as they are introduced for future reference during the trial. Except with
special permission of the court, exhibits are placed in the custody of the
court until the trial is over. 2. Documents or other items introduced as
evidence during a trial or hearing. [Glossary of Legal Terms (Pro-Se),
2004].
Exhumation. See Disinterment.
Exigencies or Exigency. In a broad sense, the demands or
requirements inherent in a given situation. In a strict sense, a state of
being urgent; a situation which demands immediate attention and
prompt solution; an emergency. Such need or necessity as belongs to
the occasion; demands, requirements usually used in plural.
Exigencies of the service. Admin. Law. The urgency or demand for
the work performed by a government officer. [Morenos Law Dict., 2000
Ed., p. 168].

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Existing mining right. Perfected and subsisting claim, lease, license or
permit covering a mineralized area prior to its declaration as a people's
small-scale mining area. [Sec. 3, RA 7076].
Existing mining or quarrying right. A valid and subsisting mining
claim or permit or quarry permit or any mining lease contract or
agreement covering a mineralized area granted/issued under pertinent
mining laws. [Sec. 3, RA 7942].
Ex mero motu. Lat. Of his own mere motion; of his own accord;
voluntarily and without prompting or request. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 296].
Ex nihilo, nihilo fit. Lat. From nothing, nothing comes. [Morenos Law
Dict., 2000 Ed., p. 163].
Ex-officio. Lat. From office; By virtue of office. 1. An authority derived
from official character merely, not expressly conferred upon the
individual character, but rather annexed to the official position. 2. An
act done in an official character, or as a consequence of office, and
without any other appointment or authority than that conferred by the
office. [Civil Liberties Union v. Exec. Sec., GR 83896. Feb. 22, 1991,
citing Black's Law Dict., p. 516; 15A Words & Phrases, p. 392].
Ex-officio member of a board. One who is a member by virtue of his
title to a certain office, and without further warrant or appointment.
[Civil Liberties Union v. Exec. Sec., GR 83896. Feb. 22, 1991, citing 15A
Words and Phrases, p. 392].
Exonerate. 1. To exculpate, to relieve. [Clemente v. COA, GR L-47793.
Mar. 20, 1984, citing 35 CJS, p. 227]. To clear from accusation or
blame. [Ibid., citing Webster, 3rd New Intl. Dict. of the Engl. Lang.].
The word may imply complete clearance not only from immediate
charge or accusation but from suspicion or attendant denigration.
[Ibid.]. 2. Removal of a charge, responsibility, or duty. [Glossary of
Exotic species. Species or subspecies which do not naturally occur in
the country. [Sec. 5, RA 9147].
Ex pacto illicito non oritur actio. Lat. No action arises out of an illicit
bargain. [Lita Enterprises, Inc. v. IAC, GR L-64693. Apr. 27, 1984].

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Ex parte. Lat. For one party only. 1. An application to the court made by
one litigant without notice to the other. [Torres, Oblig. & Cont., 2000
Ed., p. 350]. 2. When a defendant is declared in default (for failure to
file answers), or considered as in default (for failure to appear at the
pre-trial), the Court may now authorize the Clerk of Court to receive
evidence ex-parte. [Sec. F, 1, of the Manual for Clerks of Court (pp.
75-76), as amended]. 3. On behalf of only one party, without notice to
any other party. For example, a request for a search warrant is an ex
parte proceeding, since the person subject to the search is not notified
of the proceeding and is not present at the hearing. [Glossary of Legal
Ex parte motion. See Motion ex parte.
Ex-parte proceeding. Rem. Law. A judicial proceeding brought for the
benefit of one party only, and without notice to, or consent by any
person adversely interested or a proceeding wherein relief is granted
without an opportunity for the person against whom the relief is sought
to be heard. [GSIS v. CA, GR 42278. Jan. 20, 1989].
Expatriate. A person who has abandoned his country of origin and
citizenship and has become a subject or citizen of another country.
Expatriation. The voluntary act of abandoning citizenship of ones
country, and becoming the citizen or subject of another. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 1].
Expected results. The services, products, or benefits that shall accrue
to the public, estimated in terms of performance measures or physical
targets. [Sec. 306, LGC].
Expediente. Sp. Record (of the case or proceeding). [Tambunting v.
Tambunting de Oliveros, GR 10365. Sep. 29, 1915].
Expendable supplies. Articles which are consumed in use, such as
ammunition, fuel, forage, drugs, medicines, and such spare or repair
parts as are used to repair or complete other articles and which thereby
lose their identity in the process. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].

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Expenditure. 1. Payment. [15A Words & Phrases 414, citing People v
Kane 61 N.Y.S. 195, 43 App Div 472]. 2. The spending of money; the
act of expending; disbursement expense; money expended; a laying
out of money; payment. [15A Words & Phrases 414, citing Crow v
Board of Supv'rs of Stanislaus County, 27 P2d 655, 135 Cal App 451].
Expenses for pure luxury or mere pleasure. Expenses which shall
not be refunded to the possessor in good faith who he may remove the
ornaments with which he has embellished the principal thing if it suffers
no injury thereby, and if his successor in the possession does not prefer
to refund the amount expended. [Art. 548, CC].
Experimental farms. Agricultural land utilized by a business or
corporation to conduct studies, tests, researches or experiments
involving agricultural, agribusiness, marine, or aquatic, livestock,
poultry, dairy and other similar products for the purpose of improving
the quality and quantity of goods or products. [Art. 243, IRR, LGC].
Expert. One possessing in regard to a particular object or department of
human activity, knowledge not usually acquired by other persons [US v.
Gil, 13 Phil. 530].
Expert evidence. The testimony of one possessing in regard to a
particular subject or department of human activity, knowledge not
usually acquired by other persons. [Francisco, Evidence, Vol. VII, Part
1, 1997 Ed., p. 9].
Expert testimony. Testimony given in relation to some scientific,
technical or professional matter by experts, i.e., person qualified to
speak authoritatively by reason of their special training, skill or
familiarity with the subject. [Jurists Legal Dict., 2004].
Expert witness. One who belongs to the profession or calling to which
the subject matter of the inquiry relates and who possesses special
knowledge as to the very question on which he proposes to express an
opinion. [Phil. Law Dict., p. 227 citing People v. Santos, 65 OG 7472].
Expiration of the term. Admin. Law. In the law of public officers, a
method of terminating official relations. [Achacoso v. Macaraig, GR
93023. Mar. 13, 1991].

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Expiry or expiration date. The date stated on the label of food, drug,
cosmetic, device or hazardous substance after which they are not
expected to retain their claimed safety, efficacy and quality or potency
and after which it is no longer permissible to sell them. [Art. 4, RA
7394].
Exploitation. 1. The actual extraction, gathering and collection in
accordance with acceptable coral development and conservation
practices. [Sec. 3, PD 1219]. 2. The extraction and utilization of mineral
deposits. [Sec. 2, PD 463].
Exploitation concession. A concession which grants to the
concessionaire the exclusive right to develop petroleum production
within the specified areas. [Art. 10, RA 387].
Exploitation of child labor. Crim. Law. The felony committed by
anyone who, under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with the
custody of a minor, shall, against the latter's will, retain him in his
service. [Art. 273, RPC].
Exploitation of minors. Crim. Law. The felony committed by: 1. any
person who shall cause any boy or girl under sixteen years of age to
perform any dangerous feat of balancing, physical strength, or
contortion; 2. any person who, being an acrobat, gymnast,
rope-walker, diver, wild-animal tamer or circus manager or engaged in
a similar calling, shall employ in exhibitions of these kinds children
under sixteen years of age who are not his children or descendants; 3.
any person engaged in any of the callings enumerated in the preceding
number who shall employ any descendant of his under twelve years of
age in such dangerous exhibitions; 4. any ascendant, guardian, teacher
or person entrusted in any capacity with the care of a child under
sixteen years of age, who shall deliver such child gratuitously to any
person following any of the callings enumerated in number 2 hereof, or
to any habitual vagrant or beggar; or 5. any person who shall induce
any child under sixteen years of age to abandon the home of its
ascendants, guardians, curators, or teachers to follow any person
engaged in any of the callings mentioned in number 2 hereof, or to
accompany any habitual vagrant or beggar. [Art. 278, RPC].

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Exploited infant or child. An infant or child 8 years and below who is
used in begging or one who accompanies a habitual vagrant or beggar.
[Sec. 3, PD 1563].
Exploration. 1. The searching or prospecting for mineral resources by
geological, geochemical or geophysical surveys, remote sensing, test
pitting, trending, drilling, shaft sinking, tunneling, or any other means
for the purpose of determining the existence, extent, quantity and
quality thereof and the feasibility of mining them for profit. [Sec. 3, RA
7942]. 2. The examination and investigation of lands supposed to
contain valuable minerals, by drilling, trenching, shaft sinking,
tunneling, test pitting and other means, for the purpose of probing the
presence of mineral deposits and the extent thereof. [Sec. 2, PD 463].
Exploration concession. A concession which grants to the
concessionaire the exclusive right to explore for petroleum within
specified areas. [Art. 10, RA 387].
Exploration expenditures. Expenditures paid or incurred for the
purpose of ascertaining the existence, location, extent, or quality of any
deposit of ore or other mineral, and paid or incurred before the
beginning of the development stage of the mine or deposit. [Sec. 34,
NIRC, as amended].
Exploration permit. The permit granted by the Mines and Geosciences
Bureau to a qualified person for the right to conduct exploration for all
minerals in specified areas. [Sec. 20, RA 7942].
Explosive. Any substance, either solid or liquid, mixture or single
compound, which by chemical reaction liberates heat and gas at high
speed and causes tremendous pressure resulting in explosion. The term
shall include but not limited to dynamites, firecrackers, blasting caps,
black powders, bursters, percussions, cartridges and other explosive
materials, except bullets for firearm. [Sec. 5, RA 6235].
Export. To bring out of the Philippines by sea, land or air. [Sec. 6, EO
175, May 22, 1987].
Export Development Act of 1994. RA 7844 entitled An Act to
develop exports as a key towards the achievement of the national goals
towards the year 2000 enacted on Dec. 21, 1994.

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Exporter. Any person, natural or juridical, licensed to do business in the
Philippines, engaged directly or indirectly in the production,
manufacture or trade of products or services which earns at least fifty
percent (50%) of its normal operating revenues from the sale of its
products or services abroad for foreign currency. [Sec. 4, RA 7844].
Export fees. The total foreign exchange which is charged or received by
a registered service exporter for furnishing or performing services, or
permitting the showing or playing, outside of the Philippines, of
television or motion pictures or musical recordings. [Sec. 3, RA 6135].
Export incentives. Support measures provided by the government to
exporters to encourage investment in the export sector, create a freer
trade environment and motivate exporters to increase export sales and
perform competitively in the export market. [Sec. 4, RA 7844].
Export permit. A permit authorizing an individual to bring out wildlife
from the Philippines to any other country. [Sec. 5, RA 9147].
Export processing zone (EPZ). 1. A specialized industrial estate
located physically and/or administratively outside customs territory,
predominantly oriented to export production. Enterprises located in
export processing zones are allowed to import capital equipment and
raw materials free from duties, taxes and other import restrictions.
[Sec. 4, RA 7916]. 2. A free zone in which manufacturing facilities
allowed to process foreign goods and materials for export without
paying tariffs or duties either when the goods or materials are imported
or exported. [Intl. Law Dict. & Direct., 2004].
Export promotion. A range of export activities which the public and
private sectors undertake, such as networking, especially in export
support services and the provision of trade/market information;
organization of trade fairs and missions; provision of advisory services;
conduct of seminars, lectures, workshops, conferences and training on
export-related subjects; publication of export-related documents;
handling of quality standards, product design and such other activities
aimed at promoting existing exports, especially those meant to
reinforce and improve the position of Philippine export products in
specific foreign markets, principally being those activities necessary for
the implementation of the Philippine Export Development Plan. [Sec. 4,
RA 7844].

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

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

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

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2004]. 2. The forced sale of land to a public authority. [Duhaime's
Legal Dict., 2004]. Synonymous to the Doctrine of eminent domain.
Expropriation, stages in an action of. There are two (2) stages in
every action of expropriation. The first is concerned with the
determination of the authority of the plaintiff to exercise the power of
eminent domain and the propriety of its exercise in the context of the
facts involved in the suit. It ends with an order, if not of dismissal of
the action, of condemnation declaring that the plaintiff has a lawful
right to take the property sought to be condemned, for the public use
or purpose described in the complaint, upon the payment of just
compensation to be determined as of the date of the filing of the
complaint. An order of dismissal, if this be ordained, would be a final
one, of course, since it finally disposes of the action and leaves nothing
more to be done by the Court on the merits. So, too, would an order of
condemnation be a final one, for thereafter, as the Rules expressly
state, in the proceedings before the Trial Court, no objection to the
exercise of the right of condemnation (or the propriety thereof) shall be
filed or heard. The second phase of the eminent domain action is
concerned with the determination by the Court of the just
compensation for the property sought to be taken. [Mun. of Bian v.
Garcia, GR 69260. Dec. 22, 1989].
Expulsion. Crim. Law. The felony committed by any public officer or
employee who, not being authorized by law, shall expel any person
from the Philippines or shall compel such person to change his
residence. [Art. 127, RPC].
Expunge. To physically erase; to white or strike out. To Expunge
something from a court record means to remove every reference to it
from the court file. [Duhaime's Legal Dict., 2004].
Ex rel. An abbreviation of Ex relatione, Latin for on the relation of. It
refers to information or action taken that is not based on first-hand
experience but is based on the statement or account of another person.
Extension services. 1. The provision of training, information, and
support services by the government and non-government organizations
to the agriculture and fisheries sectors to improve the technical,
business and social capabilities of farmers and fisherfolk. [Sec. 4, RA
8435]. 2. The technology transfer provided by the Government and

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nongovernment organizations to the agricultural sector such as training
of farmers, credit assistance and the like. [Sec. 4, RA 7607].
Extension worker. A government employee who is primarily or fully
engaged in the non-formal transfer of scientific and technological
knowledge and skills for the practical use of a specific target clientele
by performing any one or a combination of the functions of facilitating,
supervising, disseminating, or implementing. [EO 715, Aug. 6, 1981].
External sources of funds. Those that are obtained from such sources
as foreign and domestic borrowings, contributions from the National
Government in the form of subsidy or capital subscription payments,
funds generated through sale of stocks to the public, and donations
from private individuals or institutions [Sec. 3, EO 518].
Extinctive prescription. The loss of rights and actions through the
lapse of time. [Claridades, A., Compilation of Notes, 2001-2006].
Extinguishing criminal liability. Modes: The causes that totally
extinguish criminal liability enumerated under Art. 89 of the Rev. Penal
Code are as follows: (a) the death of the convict, as to the personal
penalties; and as to pecuniary penalties, liability therefore is
extinguished only when the death of the offender occurs before final
judgment; (b) service of the sentence; (c) amnesty, which completely
extinguishes the penalty and all its effects; (d) absolute pardon; (e)
prescription of the crime; (f) prescription of the penalty; (g) the
marriage of the offended woman, as provided in Art. 344 of the Code.
[Tangan v. People, GR L-73963. Nov. 5, 1987].
Extinguishment of obligations. Obligations are extinguished: (a) by
payment or performance; (b) by the loss of the thing due; (c) by the
condonation or remission of the debt; (d) by the confusion or merger of
the rights of creditor and debtor; (e) by compensation; (f) by novation.
[Art. 1231, CC].
Extinguishment of obligations. Other causes: (a) annulment; (b)
rescission; (c) fulfillment of a resolutory condition; (d) arrival of a
resolutory period; (e) prescription; (f) death of a party in case of
personal obligations; (g) happening of a fortuitous event. [Diaz, Bus.
Law Rev., 1991 Ed., p. 35].

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Extort. To obtain from an unwilling or reluctant person by physical force,
intimidation or the abuse of legal or official authority. [Macias v. Malig,
Adm. Case 2409. Jan. 29, 1988, citing Webster's 3rd New Intl. Dict.,
1981 Ed.].
Extortion. Forcing a person to give up property in a thing through the
use of violence, fear or under pretense of authority. [Duhaime's Legal
Dict., 2004].
Extract. To separate an ore or mineral from a deposit. [Morenos Law
Dict., 2000 Ed., p. 170].
Extradition. Intl. Law. 1. Delivery by the state of a person accused or
convicted of a crime, to another state within whose territorial
jurisdiction, actual or constructive, it was committed and which asks for
his surrender with a view to execute justice. [Wright v. CA, GR 113213.
Aug. 15, 1994, citing Bishop Intl. Law 471 (1962)]. 2. The arrest and
delivery of a fugitive wanted for a crime committed in another country,
usually under the terms of an extradition treaty. 3. The surrender of an
accused criminal by one state to the jurisdiction of another. [Glossary of
Extradition treaties. Intl. Law. Treaties entered into for the purpose of
suppressing crime by facilitating the arrest and custodial transfer of a
fugitive from one state to the other. [Sandoval, Pol. Law Reviewer
2003, citing Bassiouni, Intl. Extradition, 1987 ed., p. 68].
Extra-judicial admission. An admission made out of court. [Francisco,
Evidence, Vol. VII, Part 1, 1997 Ed., p. 90]. Compare with Judicial
admission.
Extra-judicial confession. A confession made by the accused in any
other place or occasion and cannot sustain a conviction unless its
voluntariness is proven and unless corroborated by evidence of the
corpus delicti. [Claridades, A., Compilation of Notes, 2001-2006].
Compare with Judicial confession.
Extraordinary acquisitive prescription. This requires that there be
public, peaceful and uninterrupted possession in the concept of owner
for a period of thirty (30) years. [Borillo v. CA, GR 55691. May 21,
1992; Art. 1137, CC].

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Extraordinary diligence. 1. A duty to carry passengers safely as far as
human care and foresight can provide, using the utmost diligence of
very cautious persons, with a due regard for all the circumstances.
[Lausa v. NLRC, GR 79731. July 9, 1990]. 2. A duty to carry passengers
safely as far as human care and foresight can provide, using the utmost
diligence of very cautious persons, with a due regard for all the
circumstances. [Art. 1755, CC].
Extraordinary expense. That employed for an exceptional purpose not
usual, regular or of the customary kind. [Morenos Law Dict., 2000 Ed.,
p. 170].
Extraordinary inflation. A decrease or increase in the purchasing
power of the Philippine currency which is unusual or beyond the
common fluctuation in the value of said currency, and such decrease or
increase could not have been reasonably foreseen or was manifestly
beyond the contemplation of the parties at the time of the
establishment of the obligation. [Filipino Pipe and Foundry Corp. v.
NAWASA, GR L-43446. May 3, 1988].
Extraordinary inflation or deflation of currency. Any uncommon
decrease or increase in the purchasing power of the currency which
could not have been reasonably foreseen. [Torres, Oblig. & Cont., 2000
Ed., p. 115].
Extraordinary prescription. The acquisition ipso facto of ownership of
real property by possession through lapse of time, regardless of good
faith or bad faith on the part of the adverse possessor. [Morenos Law
Dict., 2000 Ed., p. 171].
Extraordinary writ. A writ, often issued by an appellate court, making
available remedies not regularly within the powers of lower courts.
They include writs of habeas corpus, mandamus, prohibition and quo
warranto. [Jurists Legal Dict., 2004].
Extraterritorial jurisdiction. Pol. Law. The power and jurisdiction of
the state beyond or outside its territory. [Suarez, Pol. Law Reviewer,
1st Ed., 2002, p. 35].
Extraterritorial service of summons. The service of summons
effected, with leave of court, out of the Philippines in three ways: (a)
personal service; (b) by publication in a newspaper of general

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circulation in such places and for such time as the court may order, in
which case a copy of the summons and order of the court should be
sent by registered mail to the last known address of the defendant, and
(c) service of summons may be effected in any other manner which the
court may deem sufficient. [De Midgely v. Ferandos, GR L-34314. May
13, 1975].
Extravagant expenditures. Those expenditure incurred without
restraint, judiciousness and economy. Extravagant expenditures exceed
the bounds of propriety. These expenditures are immoderate, prodigal,
lavish, luxurious, wasteful, grossly excessive, and injudicious. [COA
Circular No. 88-55-A, dated 08 Sep. 1985].
Extrinsic ambiguity. Also Patent ambiguity. Ambiguity not apparent
on the face of the writing itself and requires something to be added in
order to ascertain the meaning of the words used. [Claridades, A.,
Compilation of Notes, 2001-2006]. Compare with Intrinsic or latent
ambiguity.
Extrinsic fraud. Also Collateral fraud. 1. As a ground for annulment
of judgment, it is any act or conduct of the prevailing party which
prevented a fair submission of the controversy. [Francisco v. David, 38
OG 714]. 2. A fraud which prevents a party from having a trial or
presenting all of his case to the court, or one which operates upon
matters pertaining, not to the judgment itself, but to the manner by
which such judgment was procured so much so that there was no fair
submission of the controversy. For instance, if through fraudulent
machination by one (his adversary), a litigant was induced to withdraw
his defense or was prevented from presenting an available defense or
cause of action in the case wherein the judgment was obtained, such
that the aggrieved party was deprived of his day in court through no
fault of his own, the equitable relief against such judgment 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]

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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].

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-FFabricated evidence. Evidence manufactured or arranged after the

fact, and either wholly false or else warped and discolored by artifice
and contrivance with a deceitful intent. [Herrera, Rem. Law, 1999 Ed.,
p. 68, citing 530 Blacks Dict., 5th Ed.].
Facilitator. A person appointed by the court to pose questions to a child
who may be a child psychologist, psychiatrist, social worker, guidance
counselor, teacher, religious leader, parent or relative. [Sec. 4 (c), AM
00-4-07-SC].
Facilities. The items of expense necessary for the laborer's and his
family's existence and subsistence, so that by express provision of law,
they form part of the wage and when furnished by the employer are
deductible therefrom, since if they are not furnished, the laborer would
spend and pay for them just the same. [Atok-Big Wedge Assn. v.
Atok-Big Wedge Co., L-7349. July 19, 1955; 51 OG 3432].

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Facility operator. A company registered with the SEC, which may or
may not be the project proponent, and which is responsible for all
aspects of operation and maintenance of the infrastructure or
development facility, including but not limited to the collection of tolls,
fees, rentals or charges from facility users: Provided, That in case the
facility requires a public utility franchise, the facility operator shall be
Filipino or at least sixty per centum (60%) owned by Filipinos. [Sec. 2,
RA 7718].
Facio ut des. Lat. I do and you give. An innominate contract which is
based on the principle that "no one shall unjustly enrich himself at the
expense of another. [Corpus v. CA, GR L-40424. June 30, 1980].
Facio ut facias. Lat. I make (or do) that you make (or do). [Torres,
Oblig. & Cont., 2000 Ed., p. 169].
Fact. Any event or act or condition of things, assumed (for the moment)
as happening or existing. [Francisco, Evidence, Vol. VII, Part 1, 1997
Ed., p. 3].
Fact-finding inquiry. An inquiry akin to the investigations conducted by
the police and other investigative agencies to gather facts to support
the subsequent filing of the appropriate charges against suspects.
[Kapunan v. De Villa, GR L-83177. Dec. 6, 1988]. Compare with
Pre-trial investigation.
Fact-in-issue. A fact as to the correctness of which the court, under the
law of the case, must be persuaded. [Francisco, Evidence, Vol. VII, Part
1, 1997 Ed., p. 3].
Factor. Also Commission agent. A person who takes property or
merchandise of another to sell for him. It may also refer to a person or
firm who takes over the accounts receivable of a business to collect
sums of money due. [Torres, Oblig. & Cont., 2000 Ed., p. 350].
Factual impossibility. Crim. Law. This occurs when extraneous
circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime. One example is the man who
puts his hand in the coat pocket of another with the intention to steal
the latter's wallet and finds the pocket empty. [Intod v. CA, GR 103119.
Oct. 21, 1992].

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Factum probandum. Lat. A fact established and proved in evidence.
[Moy Ya Lim Yao v. Comm. of Immigration, GR L-21289. Oct. 4, 1971].
The ultimate fact sought to be established. [Claridades, A., Compilation
of Notes, 2001-2006].
Factum probans. Lat. The material evidencing the proposition. It is the
fact by which the factum probandum is established. [Claridades, A.,
Facultative. The term is used in reinsurance contracts merely to define
the right of the reinsurer to accept or not to accept participation in the
risk insured. But once the share is accepted, the obligation is absolute
and the liability assumed thereunder can be discharged by one and only
way payment of the share of the losses. There is no alternative or
substitute prestation. [Equitable Ins. and Casualty Co., Inc. v. Rural
Ins. and Surety Co., Inc., GR L-17436. Jan. 31, 1962].
Facultative obligation. An obligation where only one prestation has
been agreed upon, but the obligor may render another in substitution.
[Art. 1206, CC]. Compare with Alternative obligation.
Failure of accountable officer to render accounts. Crim. Law. The
felony committed by any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is required
by law or regulation to render account to the COA Auditor, or to a
provincial auditor and who fails to do so for a period of two months
after such accounts should be rendered. [Art. 218, RPC].
Failure of a responsible public officer to render accounts before
leaving the country. Crim. Law. The felony committed by any public
officer who unlawfully leaves or attempts to leave the Philippines
without securing a certificate from the COA showing that his accounts
have been finally settled. [Art. 219, RPC].
Failure of elections. Pre-conditions for declaring a failure of election:
(a) that no voting has been held in any precinct or precincts because of
force majeure, violence or terrorism, and (b) that the votes not cast
therein suffice to affect the results of the elections. [Sardea v. Comelec,
GR 106164. Aug. 17, 1993].
Failure of justice. The defeat of a particular right, of the failure of
reparation for a particular wrong, from the lack or inadequacy of a legal

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remedy for the enforcement of the one or the redress of the other.
[Sec. 9, PD 1487].
Failure to make delivery of public funds or property. Crim. Law.
The felony committed by any public officer under obligation to make
payment from Government funds in his possession, who shall fail to
make such payment, or by any public officer who, being ordered by
competent authority to deliver any property in his custody or under his
administration, shall refuse to make such delivery. [Art. 221, RPC].
Failure to state a cause of action. Civ. Pro. The situation where the
complaint (which) does not allege a sufficient cause of action is raised
in a motion to dismiss under Rule 16 (of the) Rules of Court, before a
responsive pleading is filed and can be determined only from the
allegations in the initiatory pleading and not from evidentiary or other
matters aliunde. [Domondon v. Lopez, AM RTJ-02-1696, June 20,
2002]. Compare with Lack of cause of action.
Fair and Equitable Access to Education Act. RA 7880 entitled An
Act providing for the fair and equitable allocation of the Department of
Education, Culture and Sports budget for capital outlay enacted on
Feb. 20, 1995.
Fair day's wage for a fair day's labor. The rule governing the relation
between labor and capital or management and employee providing that
if there is no work performed by the employee there can be no wage or
pay, unless the laborer was able, willing and ready to work but was
illegally locked out, dismissed or suspended. [J.P. Heilbronn Co. v.
National Labor Union, 92 Phil. 577 (1953)].
Fairest test. In determining whether the third person's interest in a
contract is a stipulation pour autrui or merely an incidental interest, the
fairest test is to examine the intention of the parties as disclosed by
their contract. [Florentino v. Encarnacion, 79 SCRA 192, 201, Sep. 30,
1977].
Fair market value. 1. The price at which a property may be sold by a
seller who is not compelled to sell and bought by a buyer who is not
compelled to buy. [Sec. 199(l), LGC]. 2. The value for which a
reasonable seller would sell an item of property and for which a
reasonable buyer would buy it. [Glossary of Legal Terms (Pro-Se),
2004].

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Fallo. The dispositive portion (which) is what actually constitutes the
resolution of the court and which is the subject of execution.
[Rivera-Olac v. CA, GR 84256. Sep. 2, 1992].
Fall-of-building clause. A clause in a fire insurance policy that if the
building or any part thereof falls, except as a result of fire, all insurance
by the policy shall immediately cease. [Claridades, A., Compilation of
Notes, 2001-2006].
Falsa demonstratio non nocet cum de corpore constat. Lat. False
description does not injure or vitiate a document, provided that the
thing or person intended has once been sufficiently described.
Falsa descriptio. Lat. Defective caption given to a pleading. [Amarante
v. CA, GR 76386. May 21, 1990].
False accusation. Malicious prosecution. [Morenos Law Dict., 2000 Ed.,
p. 173].
False arrest. Any unlawful physical restraint of another's personal
liberty, whether or not carried out by a peace officer. [Jurists Legal
Dict., 2004].
False keys. The term shall be deemed to include: (a) The tools
mentioned in the Art. 304 of the Rev. Penal Code; (b) genuine keys
stolen from the owner; (c) any keys other than those intended by the
owner for use in the lock forcibly opened by the offender. [Art. 305,
RPC].
False medical certificates, false certificates of merits or service,
etc., issuance of. Crim. Law. The felony committed by: (a) any
physician or surgeon who, in connection, with the practice of his
profession, shall issue a false certificate; (b) any public officer who shall
issue a false certificate of merit of service, good conduct or similar
circumstances; (c) or by any private person who shall falsify a
certificate falling within the classes mentioned in the two preceding
numbers. [Art. 174, RPC].
False pretenses or fraudulent acts. 1. In the crime of estafa or
swindling, the act executed prior to or simultaneously with the

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commission of the fraud: (a) By using fictitious name, or falsely
pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of other
similar deceits; (b) By altering the quality, fineness or weight of
anything pertaining to his art or business; (c) By pretending to have
bribed any Government employee, without prejudice to the action for
calumny which the offended party may deem proper to bring against
the offender; (d) By post-dating a check, or issuing a check in payment
of an obligation when the offender therein were not sufficient to cover
the amount of the check. The failure of the drawer of the check to
deposit the amount necessary to cover his check within three (3) days
from receipt of notice from the bank and/or the payee or holder that
said check has been dishonored for lack of insufficiency of funds shall
be prima facie evidence of deceit constituting false pretense or
fraudulent act [As amended by RA 4885]; (e) By obtaining any food,
refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying
therefor, with intent to defraud the proprietor or manager thereof, or
by obtaining credit at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a
hotel, inn, restaurant, boarding house, lodging house or apartment
house after obtaining credit, food, refreshment or accommodation
therein without paying for his food, refreshment or accommodation.
[Art. 315, RPC]. 2. Representation of some fact or circumstance which
is not true and is calculated to mislead, whereby a person obtains
another's money or goods. [Jurists Legal Dict., 2004].
False return. Taxation. 1. The term merely implies deviation from the
truth, whether intentional or not. [Aznar v. CA, GR L-20569. Aug. 23,
1974]. 2. It may not always be an attempt to evade a tax. [Comm. of
Int. Rev. v. Javier, GR 78953. July 31, 1991]. Compare with
Fraudulent return.
False statement. A material statement which is untrue and knowingly
stated as such in the application for a concession, title or permit (under
the provisions of the Public Land Act), thus tending to mislead the
official charged with the processing of said application. [Claridades, A.,

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False testimony against a defendant, giving of. Crim. Law. The
felony committed by any person who shall give false testimony against
the defendant in any criminal case. [Art. 180, RPC].
False testimony favorable to the defendants, giving of. Crim. Law.
The felony committed by any person who shall give false testimony in
favor of the defendant in a criminal case. [Art. 181, RPC].
False testimony in other cases and perjury in solemn
affirmation, making of. Crim. Law. The felony committed by any
person, who knowingly makes untruthful statements and not being
included in the provisions of Art. 180, 181 and 182 of the Rev. Penal
Code, shall testify under oath, or make an affidavit, upon any material
matter before a competent person authorized to administer an oath in
cases in which the law so requires, or by any person who, in case of a
solemn affirmation made in lieu of an oath, shall commit any of the
falsehoods mentioned in the Rev. Penal Code. [Art. 183, RPC].
Falsification. Misrepresentation of a thing, fact or condition, certifying
that a thing is true when it is not, whether one has the right to make
the representation or certificate. [US v. Buenaventura, 1 Phil. 433].
Falsification by ecclesiastic minister. Crim. Law. The felony
committed by any ecclesiastical minister who shall commit any of the
offenses enumerated in the first paragraph of Art. 171 of the Rev. Penal
Code, with respect to any record or document of such character that its
falsification may affect the civil status of persons. [Art. 171, RPC].
Falsification by private individual. Crim. Law. The felony committed
by: 1. any private individual who shall commit any of the falsifications
enumerated in Art. 171 of the Rev. Penal Code in any public or official
document or letter of exchange or any other kind of commercial
document; and 2. any person who, to the damage of a third party, or
with the intent to cause such damage, shall in any private document
commit any of the acts of falsification enumerated in Art. 171 of the
Rev. Penal Code. [Art. 172, RPC].
Falsification by public officer, employee or notary. Crim. Law. The
felony committed by any public officer, employee, or notary who,
taking advantage of his official position, shall falsify a document by
committing any of the following acts: 1. Counterfeiting or imitating any
handwriting, signature or rubric; 2. Causing it to appear that persons

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have participated in any act or proceeding when they did not in fact so
participate; 3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them; 4.
Making untruthful statements in a narration of facts; 5. Altering true
dates; 6. Making any alteration or intercalation in a genuine document
which changes its meaning; 7. Issuing in an authenticated form a
document purporting to be a copy of an original document when no
such original exists, or including in such a copy a statement contrary to,
or different from, that of the genuine original; or 8. Intercalating any
instrument or note relative to the issuance thereof in a protocol,
registry, or official book. [Art. 171, RPC].
Falsification of a private document. Crim. Law. The crime is not
committed by the mere falsification of the document. It does not suffice
that the document itself be false, but there must also be proved the
prejudice caused to a third person or the intention to cause it. [Mercury
Drug v. NLRC, GR 96525. June 26, 1992, citing Aquino, Crim. Law, Vol.
II, 1987 ed., p. 264; Art. 172 (2), RPC].
Falsification of legislative documents. Crim. Law. The felony
committed by any person who, without proper authority therefor alters
any bill, resolution, or ordinance enacted or approved or pending
approval by either House of Congress or any provincial board or
municipal council. [Art. 170, RPC].
Falsification of wireless, cable, telegraph and telephone
messages, and use of said falsified messages. The commission of
a crime by an officer or employee of the Government or of any private
corporation or concern engaged in the service of sending or receiving
wireless, cable or telephone message who utters a fictitious wireless,
telegraph or telephone message of any system or falsifies the same, or
who shall use such falsified dispatch to the prejudice of a third party or
with the intent of cause such prejudice. [Art. 173, RPC].
Falsify. To tamper with or alter. To represent falsely, distort or violate
the truth. [PAL, Inc. v. NLRC, GR 87353. July 3, 1991].
Falsus in uno, falsus in omnibus. Lat. False in one part, false in
everything. [Lagunsad v. CA, GR 104939. Feb. 2, 1994].
Family. 1. A natural and social institution founded on the conjugal union,
binding together the individuals composing it, for the common

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accomplishment of the individual and spiritual ends of life, under the
authority of the original ascendant who heads it. [Jurado, Civil Law
Reviewer, 19th Ed., p. 187, citing 4 Valverde 8]. 2. A basic social
institution which public policy cherishes and protects. [Suarez, Intro. to
Law, 1995 3rd Ed., p. 73].
Family assistance loans. Loans granted to currently employed migrant
workers or their eligible dependents/families in the Philippines to tide
them over during emergency situations. [Sec. 30, IRR, RA 8042].
Family Code. EO 209 entitled The Family Code of the Philippines
signed on July 6, 1987.
Family Courts Act of 1997. RA 8369 entitled An Act establishing
Family Courts, granting them exclusive original jurisdiction over child
and family cases, amending Batas Pambansa Bilang 129, as amended,
otherwise known as the Judiciary Reorganization Act of 1980,
appropriating funds therefor and for other purposes enacted on Oct.
28, 1997.
Family home. 1. Constituted jointly by the husband and the wife or by
an unmarried head of a family, it is the dwelling house where they and
their family reside, and the land on which it is situated. [Art. 152, FC].
2. The dwelling house where a husband and wife, or an unmarried
head of the family resides, and the land on which it is situated, which is
now deemed constituted from the time it is occupied as a family
residence, and is exempt from execution, forced sale or attachment
except as provided by law and to the extent of the value allowed by
law. [Bench Book for Trial Court Judges, p. 3-3, citing Arts. 152 and
153, CC].
Family name. Surname. [Morenos Law Dict., 2000 Ed., p. 175].
Family of public officials or employees. The spouses and unmarried
children under eighteen (18) years of age of public officials or
employees. [Sec. 3, RA 6713].
Family relations. They include those: (a) between husband and wife;
(b) between parents and children; (c) among brothers and sisters,
whether of the full or half-blood. [Art. 150, FC].

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Family relationship. The relation, union or connection which exists
between members of the family, as that between husband and wife,
parent and child, and as among other descendants, and among
brothers and sisters. [Morenos Law Dict., 2000 Ed., p. 175].
Family-size fishpond. An area of fishpond that permits the efficient use
of labor and capital resources of a family to produce an income
sufficient to meet a family's need for food, clothing, shelter, health and
education with reasonable reserves to absorb yearly fluctuation in
income. [Sec. 3, PD 704].
Farm. A plot or tract of land devoted to the raising of domestic or other
animals. [Webster's Intl. Dict., 2nd Ed. (1954)].
Farm employer. Any person acting directly or indirectly in the interest
of a farm employer whether for profit or not, as well as a labor
contractor, but shall not include any labor organization (otherwise than
when acting as a farm employer) or anyone acting in the capacity of an
officer or agent of such labor organization. [Sec. 166, RA 3844].
Farmer. A natural person whose primary livelihood is cultivation of land
or the production of agricultural crops, either by himself, or primarily
with the assistance of his immediate farm household, whether the land
is owned by him, or by another person under a leasehold or share
tenancy agreement or arrangement with the owner thereof. [Sec. 3, RA
6657].
Farmer's and fisherfolk's organizations or associations. Farmers
and fisherfolk's cooperatives, associations, or corporations duly
registered with appropriate government agencies and which are
composed primarily of small agricultural producers, farmers, farm
workers, agrarian reform beneficiaries, fisherfolk who voluntarily join
together to form business enterprises or non-business organizations
which they themselves own, control and patronize. [Sec. 4, RA 8435].
Farmers' organization. Farmers' cooperatives, associations, or
corporations duly registered with appropriate government agencies and
which are composed primarily of small agricultural producers, farmers,
farmworkers, and other agrarian reform beneficiaries who voluntarily
join together to form business enterprises which they themselves own,
control and patronize. [Sec. 4, RA 7607].

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Farm implements. Hand tools or machines ordinarily employed in a
farm enterprise. [Sec. 166, RA 3844].
Farm-to-market roads. Roads linking the agriculture and fisheries
production sites, coastal landing points and post-harvest facilities to the
market and arterial roads and highways. [Sec. 4, RA 8435; Sec. 4, RA
8550].
Farmworker. 1. A natural person who renders service value as an
employee or laborer in an agricultural enterprise or farm regardless of
whether his compensation is paid on a daily, weekly, monthly or
pakyaw basis. [Sec. 4, RA 7607]. 2. A natural person who renders
service for value as an employee or laborer in an agricultural enterprise
or farm regardless of whether his compensation is paid on a daily,
weekly, monthly or "pakyaw" basis. The term includes an individual
whose work has ceased consequence of, or in connection with, a
pending agrarian dispute and who has not obtained a substantially
equivalent and regular farm employment. [Sec. 3, RA 6657].
Farm workers' organization. Any union or association of farm workers
which exists, in whole or in part, for the purpose of collective
bargaining or dealing with farm employers concerning terms and
conditions of employment. [Sec. 166, RA 3844].
FAS. See Free alongside ship.
Fatal. Causing death; deadly or mortal. [People v. Umadhay, GR 119544.
Aug. 3, 1998, citing 16 Words & Phrases 448].
Fathom. A nautical measure of six (6) feet in length [Black's Law Dict.,
5th Ed., 547].
Favorabilia sunt amplianda adiosa restrigenda. Lat. Penal laws
which are favorable to the accused are given retroactive effect. [People
v. Zervoulakos, GR 103975. Feb. 23, 1995].
Fear. An unpleasant emotional state characterized by anticipation of pain
or great distress. It is a reaction to an external danger which is
perceived to cause him harm. [People v. Dulay, GR 92600. Jan. 18,
1993].

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Featherbedding activities. Also Make-work activities. An unfair
labor practice of a union for exacting or attempting to exact from an
employer, compensation for service nor rendered or not intended to be
rendered. [Poquiz, Labor Rel. Law, 1999 Ed. p. 167].
Federal union. Also Federation. Intl. Law. A combination of two or
more states which, upon merger, ceases to be states, resulting in the
creation of a new state with full international personality to represent
them in external relations and a certain degree of power over their
domestic affairs and their inhabitants. An example is the United States.
Federation. See Federal union.
Fee. A charge fixed by law or ordinance for the regulation or inspection
of a business or activity. [Sec. 131, RA 7160].
Fee for service. A reasonable and equitable health care payment
system under which physicians and other health care providers receive
a payment that does not exceed their billed charge for each unit of
service provided. [Sec. 1, RA 9241].
Fee simple. 1. The rights of disposal and recovery. [Edroso v. Sablana,
GR 6878. Sep. 13, 1913]. 2. The most extensive tenure allowed under
the feudal system allowing the tenant to sell or convey by will or be
transfer to a heir if the owner dies intestate. In modern law, almost all
land is held in fee simple and this is as close as one can get to absolute
ownership in common law. [Duhaime's Legal Dict., 2004].
Fee simple absolute. The most complete, unlimited form of ownership
of real property. [Jurists Legal Dict., 2004].
Fellatio. Also Irrumation. Legal Med. Sexual gratification attained by
sucking the penis and initiating ejaculation. [Olarte, Legal Med., 1st Ed.
(2004), p. 115]. Compare with Cunnilingus.
Felonies. Also Delitos. Acts and omissions punishable by law. They are
committed not only be means of deceit (dolo) but also by means of
fault (culpa). [Art. 3, RPC].
Felonies. Elements. The elements of felonies in general are: (a) there
must be an act or omission; (b) the act or omission must be punishable

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under the Rev. Penal Code; and (c) the act is performed or the
omission incurred by means of deceit or fault. [People v. Gonzales, GR
80762. Mar. 19, 1990].
Felony. Sing. of Felonies.
Fence. Any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing. [Sec. 2, PD 1612].
Fencing. The act of any person who, with intent to gain for himself or
for another shall buy, receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any manner deal in any article,
item, object or anything of value which he knows, or should be known
to him, to have been deprived from the proceeds of the crime of
robbery or theft. [Sec. 2, PD 1612].
Fencing. Elements: (a) A crime of robbery of theft has been committed;
(b) the accused, who is not a principal or accomplice in the commission
of the crime of robbery or theft, buys, receives, possesses, keeps,
acquires, conceals, sells or disposes, or buys and sells, or in any
manner deals in any article, item, object or anything of value, which
has been derived from the proceeds of the said crime; (c) the accused
knows or should have known that the said article, item, object or
anything of value has been derived from the proceeds of the crime of
robbery or theft; and (d) there is, on the part of the accused, intent to
gain for himself or for another. [Dizon-Pamintuan v. People, GR
111426. July 11, 1994].
Ferryboat service. A water transport service considered as a
continuation of the highway when crossing rivers or even lakes, which
are small body of waters separating the land. [San Pablo v. Pantranco
South Express, Inc.. GR L-61461 & 61501. Aug. 21, 1987]. Compare
with Coastwise or interisland shipping service.
Fertilizer. Any substance - solid or liquid - or any nutrient element or
elements - organic or inorganic - singly or in combination with other
materials, applied directly to the soil for the purpose of promoting plant
growth, increasing crop yield or improving their quality. [Sec. 3, PD
1144].
Festoon. To hang in a curved shape between two points as a
decoration. [Sec. 3, RA 8491].

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Fetishism. Legal Med. A sexual perversion wherein the real or fantasized
presence of an object or bodily part is necessary for sexual stimulation
and/or gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 116].
Feudal system. A social structure that existed throughout much of
Europe between 800 and 1400 and that revolved around a multi-level
hierarchy between lords (who held land granted under tenure from the
king), and their tenants (also called Vassals).Tenants would lease land
from the lord in exchange for loyalty and goods or services, such as
military assistance or money. In exchange, the tenant would be
protected from attack. [Duhaime's Legal Dict., 2004].
Fiador. Sp. Bondsman, surety, guarantor, bailor, backer. [Luzon Surety
v. City of Bacolod, GR L-23618. Aug. 31, 1970, citing Robb's Dict. of
Legal Terms (1966), p. 56].
Fiat justitia ruat coelum. Lat. Let right be done though the heavens
should fall. [Intl. Banking Corp. v. Yared, 59 Phil. 72, Dec. 11, 1933].
Fictitious sale. A sale which does not produce legal effects or any
change in the juridical situation of the parties. [Claridades, A.,
Fideicomisario. Sp. Beneficiary. [Barretto v. Tuason, GR 23923. Mar.
23, 1926].
Fideicomiso. Sp. Trust. A form or manner of testamentary substitution
by which the testator or trustor charges the heir (trustee) to deliver a
certain aliquot portion of the estate, or all thereof, to a third person
who receives the name of beneficiary (fideicomisario). A charge of
confidence imposed upon the first-born usufructuary possessor to
preserve the entailed properties in order to deliver in due time the
possession and enjoyment thereof to the succeeding first-born.
[Barretto v. Tuason, GR 23923. Mar. 23, 1926, citing Diccionario de la
Administracion Espaola, Vol. 5, p. 635].
Fideicommissary substitution. 1. A substitution by virtue of which the
fiduciary or first heir instituted is entrusted with the obligation to
preserve and to transmit to a second heir the whole or part of the
inheritance. [Art. 863, CC]. 2. It takes place where the testator
designates a person as an heir charging him to deliver to another the

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whole or part of the inheritance under the circumstances provided in
Art. 863 of the Civil Code. [Bench Book for Trial Court Judges, p. 3-3].
Fideicommissary substitution. Requisites: (a) There must be a first
heir primarily called to the enjoyment of the estate; (b) there must be a
second heir; and (c) there must be an obligation clearly imposed upon
the first heir to preserve the estate and to transmit it to the second
heir. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p.
196-197, citing Perez v. Garchitorena, 54 Phil. 431].
Fideicommissary substitution. Limitations: (a) The substitution must
not go beyond one degree from the heir originally instituted; (b) the
fiduciary and the fideicommissary must be living at the time of the
death of the testator; (c) the substitution must not burden the legitime
of compulsory heirs; and (d) the substitution must be made expressly.
[Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 197,
citing Arts. 863-865, CC].
Fidelity bond. A kind of surety bond under which the liability of the
surety is conditioned upon dishonesty, infidelity, theft or any act of the
principal obligor amounting to estafa. [Claridades, A., Compilation of
Notes, 2001-2006].
Fiduciary. 1. A guardian trustee, executor, administrator, receiver,
conservator, or any person acting in any fiduciary capacity for any
person. [Sec. 22, NIRC, as amended]. 2. The term is synonymous to a
trustee, which is the classic form of a fiduciary relationship. A fiduciary
has rights and powers which would normally belong to another person.
The fiduciary holds those rights which he must exercise to the benefit
of the beneficiary. 3. A person or institution who manages money or
property for another and who must exercise a standard care imposed
by law, i.e., personal representative or executor of an estate, a trustee,
etc. [Jurists Legal Dict., 2004].
Fiduciary relation, what constitutes. The relation between parties in
order to be fiduciary need not be legal, but by moral, social, domestic
or merely personal; and where by reason of kinship, business
association, disparity in age or physical or mental condition or other
reason, the grantee is in an especially intimate position with regard to
another and the latter reposes a degree of trust and confidence in the
former, confidential relationship exist which prohibits the one entrusted
from seeking a selfish benefit for himself during the course of

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relationship, and affords a basis for imposing a constructive trust.
[Sotto v. Teves, GR L-38018. Oct. 31, 1978].
Field personnel. Non-agricultural employees who regularly perform
their duties away from the principal place of business or branch office
of the employer and whose actual hours of work in the field cannot be
determined with reasonable certainty. [Art. 82, LC].
Fieri facias writ. A writ commanding a sheriff to take and sell enough
property from the person who lost the lawsuit, to pay the debt owed by
the judgment. [Duhaime's Legal Dict., 2004].
File. To place a paper in the official custody of the clerk of court/court
administrator to enter into the files or records of a case. [Glossary of
Filiation. The civil status of a child in relation to his/her father or
mother. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 196]. See
Paternity.
Filiation, proof of. The filiation of legitimate children is established by
any of the following: (a) The record of birth appearing in the civil
register or a final judgment; or (b) an admission of legitimate filiation in
a public document or a private handwritten instrument and signed by
the parent concerned. In the absence of the foregoing evidence, the
legitimate filiation shall be proved by: (a) the open and continuous
possession of the status of a legitimate child; or (b) Any other means
allowed by the Rules of Court and special laws. [Art. 172, FC].
Filing. Rem. Law. The act of presenting the pleading or other paper to
the clerk of court. [Sec. 2, Rule 13, RoC].
Filing fee. Rem. Law. The fee required for filing various documents.
Filipinization law. See nationalization law.
Filipino. The national language of the Philippines. [Sec. 3, RA 7104].
Filipino contractor. A construction contractor, who is a citizen of the
Philippines, or a corporation or other juridical entity, of which, in the
case of a corporation, at least sixty percent (60%) of its capital stock

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outstanding and entitled to vote, is owned and held by citizens of the
Philippines and at least sixty per cent (60%) of the Board of Directors
thereof are citizens of the Philippines, and in the case of any other
juridical entity, at least sixty percent (60%) of its equity is owned and
held by citizens of the Philippines. [Sec. 3, PD 1167].
Filipino-first policy. The constitutional provision whereby the State is
mandated to give preference to qualified Filipinos in the grant of rights,
privileges, and concessions covering the national economy and
patrimony. [Sec. 10, Art. XII of the 1987 Constitution].
Filipinos overseas. Filipinos who are permanent residents abroad,
including Filipino emigrants who are either already citizens of foreign
countries or are still Filipino citizens awaiting naturalization, recognition,
or admission, and their descendants. [Sec. 2, BP 79].
Final act. Intl. Law. Sometimes called Protocol de cloture. 1. An
instrument which records the winding up of the proceedings of a
diplomatic conference and usually includes a reproduction of the texts
of treaties, conventions, recommendations and other acts agreed upon
and signed by the plenipotentiaries attending the conference. It is not
the treaty itself. It is rather a summary of the proceedings of a
protracted conference which may have taken place over several years.
[Taada v. Angara, GR 118295. May 2, 1997]. 2. The records of the
winding up of the proceedings of a conference. [Coquia and Santiago,
Intl. Law, 3rd Ed. (1998), p. 493]. See Act.
Final and executory judgment. Rem. Law. A judgment which
becomes "final and executory" by operation of law. Finality of judgment
becomes a fact upon the lapse of the reglementary period to appeal if
no appeal is perfected. In such a situation, the prevailing party is
entitled to a writ of execution, and issuance thereof is a ministerial duty
of the court. [City of Manila v. CA, GR 100626. Nov. 29, 1991].
Compare with Final judgments.
Final injunction. Rem. Law. A judgment rendered after trial which
perpetually restrains the party or person from the commission or
continuance of the act or acts, or confirming the preliminary mandatory
injunction. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p.
325, citing Sec. 9, Rule 58, RoC].

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Finality of judgment rule. Rem. Law. A rule grounded on the
fundamental principle of public policy and sound practice that at the
risk of occasional error, the judgment of court and award of
quasi-judicial agencies must become final at some definite date fixed by
law. [Reyes v. CA, GR 120817. Nov. 4, 1996].
Final judgment or order. Rem. Law. An order which disposes of the
whole subject matter or terminates a particular proceeding or action,
leaving nothing to be done but to enforce by execution what has been
determined. [Marcelo v. de Guzman, No. L-29077, 29 June 1982, 114
SCRA 657]. Compare with Interlocutory order.
Final judgments. Rem. Law. Judgments which finally dispose of,
adjudicate, or determine the rights of the parties in the case. But such
judgments are not yet "final and executory" pending the expiration of
the reglementary period for appeal. During that period, execution of the
judgment cannot yet be demanded by the winning party as a matter of
right. [City of Manila v. CA, GR 100626. Nov. 29, 1991]. Compare with
Final and executory judgment.
Final order or judgment. Rem. Law. One which either terminates the
action itself or operates to vest some right in such manner as to put it
out of the power of the court making the order to place the parties in
their original condition. More specifically, it is that which disposes of the
whole subject matter or terminates the particular proceedings or action,
leaving nothing to be done but to enforce by execution what has been
determined. [Ceniza v. CA, GR 95296. Feb. 3, 1993].
Final resolution. Rem. Law. A resolution finally disposing of a case,
such as one dismissing a case. [Claridades, A., Compilation of Notes,
2001-2006].
Finance charges. The amount to be paid by the debtor incident to the
extension of credit such as interest or discounts, collection fees, credit
investigation fees, and other service charges. [Sec. 3, RA 8484].
Finance lease. Also Full payout lease. A contract involving payment
over an obligatory period (also called primary or basic period) of
specified rental amounts for the use of a lessor's property, sufficient in
total to amortize the capital outlay of lessor and to provide for the
lessor's borrowing costs and profits. [Beltran v. PAIC Finance Corp., GR

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83113. May 19, 1992, citing Rev. Reg. 19-86, Promulgated by the DOF
on 1 Jan. 1987].
Financial assistance. The giving out of money to another without the
expectation of any returns therefrom. It connotes an ex gratia dole out
in favor of someone driven into a state of destitution. [Leung v. IAC,
GR 70926. Jan. 31, 1989].
Financial intermediaries. Persons or entities whose principal functions
include the lending, investing or placement of funds or evidences of
indebtedness or equity deposited with them, acquired by them, or
otherwise coursed through them, either for their own account or for the
account of others. [Sec. 1, PD 71].
Financial leasing. A mode of extending credit through a non-cancelable
lease contract under which the lessor purchases or acquires, at the
instance of the lessee, machinery, equipment, motor vehicles,
appliances, business and office machines, and other movable or
immovable property in consideration of the periodic payment by the
lessee of a fixed amount of money sufficient to amortize at least
seventy (70%) of the purchase price or acquisition cost, including any
incidental expenses and a margin of profit over an obligatory period of
not less than two (2) years during which the lessee has the right to
hold and use the leased property with the right to expense the lease
rentals paid to the lessor and bears the cost of repairs, maintenance,
insurance and preservation thereof, but with no obligation or option on
his part to purchase the leased property from the owner-lessor at the
end of the lease contract. [Sec. 3, RA 8556].
Financial or technical assistance agreement. A contract involving
financial or technical assistance for large-scale exploration,
development, and utilization of mineral resources. [Sec. 3, RA 7942].
Financier. Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under RA 9165. [Sec
3, RA 9165].
Financier or Capitalist. Any person who finances the operations of any
illegal numbers game. [Sec. 2, RA 9287].
Financing companies. 1. Corporations, except banks, investments
houses, savings and loan associations, insurance companies,

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cooperatives, and other financial institutions organized or operating
under other special laws, which are primarily organized for the purpose
of extending credit facilities to consumers and to industrial, commercial,
or agricultural enterprises, by direct lending or by discounting or
factoring commercial papers or accounts receivable, or by buying and
selling contracts, leases, chattel mortgages, or other evidences of
indebtedness, or by financial leasing of movable as well as immovable
property. [Sec. 3, RA 8556].
Financing Company Act. RA 5980 enacted on Aug. 4, 1969.
Financing Company Act of 1998. RA 8556 entitled An Act amending
RA 5980, as amended, otherwise known as the Financing Company Act
Financing lease. It may be seen to be a contract sui generis,
possessing some but not necessarily all of the elements of an ordinary
or civil law lease. Thus, legal title to the equipment leased is lodged in
the financial lessor. The financial lessee is entitled to the possession
and use of the leased equipment. At the same time, the financial lessee
is obligated to make periodic payments denominated as lease rentals,
which enable the financial lessor to recover the purchase price of the
equipment which had been paid to the supplier thereof. [Beltran v.
PAIC Finance Corp., GR 83113 and 83258, May 19, 1992].
Finding. Formal conclusion by a judge or regulatory agency on issues of
fact. [Glossary of Legal Terms (Pro-Se), 2004].
Findings of fact. The written statement of the ultimate facts as found
by the court and essential to support the decision and judgment
rendered thereon; they consist of the court's conclusions with respect
to the determinative facts on issue. [Air France v. Carrascoso, GR
L-21438. Sep. 28, 1966].
Fine. 1. Pecuniary punishment imposed by a lawful Tribunal upon a
person convicted of crime or misdemeanor. It may include a forfeiture
or penalty recoverable in a civil action. [Vda. De Tad-y v. Ledesma, GR
28638. Sep. 21, 1928, citing 2 Bouvier's Law Dict., 1925]. 2. A sum of
money paid as part of a penalty of conviction for a particular criminal
offense. [Jurists Legal Dict., 2004].

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Fine mesh net. Net with mesh size of less than three centimeters (3
cm.) measured between two (2) opposite knots of a full mesh when
stretched or as otherwise determined by the appropriate government
agency. [Sec. 4, RA 8550].
Fingir. Sp. Contrahacer alguna cosa dandola la semejanza de lo que no
es. Eng. To counterfeit something, giving it the appearance of that
which it is not. [US v. Paraiso, GR 91. Nov. 13, 1901]. Compare with
Contrahaciendo.
Finished products. Processed and manufactured coral articles of trade
and commerce in a form that may be immediately utilized by the
end-user or consumer such as, but not limited to, jewelries or
decorative articles. [Sec. 3, PD 1219].
Finishes. Materials used as final coating of a surface for ornamental or
protective purposes. [Sec. 3, PD 1185].
Fire. The active principle of burning, characterized by the heat and light
of combustion. [Sec. 3, PD 1185].
Fire alarm. Any visual or audible signal produced by a device or system
to warm the occupants of the building or fire fighting elements of the
presence or danger of fire to enable them to undertake immediate
action to save life and property and to suppress the fire. [Sec. 3, PD
1185].
Firearm. Any instrument or device with which it is possible to propel a
projectile by the expansive force of the gases generated by the
combustion of an explosive substance. [Francisco, Evidence, Vol. VII,
Part 1, 1997 Ed., p. 696].
Fireblock. Any wall which separate two abutting living units so as to
resist the spread of fire. Such wall shall be of masonry construction
e.g., cement hollow blocks, bricks, reinforced concrete, etc. at least 4"
thick, and shall extend throughout the whole length of the living units
and from the lowest portion of the wall adjoining the living units up to
the point just below the roof covering of purlins. [Sec. 3, BP 220].
Fire Code of the Philippines. PD 1185 signed into law on Aug. 26,
1977.

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Fire door. A fire resistive door prescribed for openings in fire separation
walls or partitions. [Sec. 3, PD 1185].
Fire hazard. Any condition or act which increases or may cause an
increase in the probability of the occurrence of fire, or which may
obstruct, delay, hinder or interfere with fire fighting operations and the
safeguarding of life and property. [Sec. 3, PD 1185].
Fire insurance. 1. Insurance against loss by fire, lightning, windstorm,
tornado or earthquake and other allied risks, when such risks are
covered by extension to fire insurance policies or under separate
policies. [Sec. 167, IC]. 2. An aleatory contract by which the insured in
effect wagers that his house will be burned, with the insurer assuring
him against the loss, for a fee. If the house does burn, the insured,
while losing his house, wins the wager. The prize is the recompense to
be given by the insurer to make good the loss the insured has
sustained. [Malayan Insurance Co., Inc. (MICO) v. Cruz-Arnaldo, GR
L-67835. Oct. 12, 1987].
Fire insurance policy. A personal contract of indemnity against a loss
by the person insured, by fire. [Morenos Law Dict., 2000 Ed., p. 179].
Fire insurance policy, conditions for cancellation of. A valid
cancellation (of a fire insurance policy) must require concurrence of the
following conditions: (a) There must be prior notice of cancellation to
the insured; (b) the notice must be based on the occurrence, after the
effective date of the policy, of one or more of the grounds mentioned;
(c) the notice must be (1) in writing, (2) mailed, or delivered to the
named insured, (3) at the address shown in the policy; (d) it must state
(1) which of the grounds mentioned in Sec. 64 (of the Ins. Code) is
relied upon and (2) that upon written request of the insured, the
insurer will furnish the facts on which the cancellation is based.
[Malayan Ins. Co., Inc. (MICO) v. Cruz-Arnaldo, GR L-67835. Oct. 12,
1987].
Fire lane. The portion of a roadway or publicway that should be kept
opened and unobstructed at all times for the expedient operation of fire
fighting units. [Sec. 3, PD 1185].
Fire protective and fire safety device. Any device intended for the
protection of buildings or persons to include but not limited to built-in
protection system such as sprinklers and other automatic extinguishing

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system, detectors for heat, smoke and combustion products and other
warning system components, personal protective equipment such as
fire blankets, helmets, fire suits, gloves and other garments that may
be put on or worn by persons to protect themselves during fire. [Sec. 3,
PD 1185].
Fire-resistive time period rating. The length of time a material can
withstand being burned which may be one-hour, 2-hours, 3-hours,
4-hours, etc. [Sec. 3, BP 220].
Fire safety constructions. Design and installation of walls, barriers,
doors, windows, vents, means of egress, etc. integral to and
incorporated into a building or structure in order to minimize danger to
life from fire, smoke, fumes or panic before the building is evacuated.
These features are also designed to achieve, among others, safe and
rapid evacuation of people through means of egress sealed from smoke
or fire, the confinement of fire or smoke in the room or floor of origin
and delay their spread to other parts of the building by means of smoke
sealed and fire resistant doors, walls and floors. It shall also mean to
include the treatment of buildings components or contents with flame
retardant chemicals. [Sec. 3, PD 1185].
Fire trap. A building unsafe in case of fire because it will burn easily or
because it lacks adequate exits or fire escapes. [Sec. 3, PD 1185].
Fire wall. A fireblock with extends vertically from the lowest portion of
the wall which adjoins the 2 living units up to a minimum height of 0.30
meter above the highest portion of the roof attached to it; the fire wall
shall also extend horizontally up to a minimum distance of 0.30 meter
beyond the outermost edge of the abutting living units. [Sec. 3, BP
220].
Firm offer. An offer which the offeror promises to keep open for a fixed
period of time. [Intl. Law Dict. & Direct., 2004].
Firms. The term by which groups of lawyers are called. It is usually a
partnership and members of the firm are the partners. Some firms may
be organized as professional corporations and the members called
shareholders. In either case, the members of the firm are the
experienced attorneys. [Cayetano v. Monsod, GR 100113. Sep. 3,
1991].

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First class ricelands. Those which yield more than forty cavans per
hectare, the same to be computed upon the normal average harvest of
the three preceding years. [Sec. 14, RA 2263].
First jeopardy. Elements: (a) Court of competent jurisdiction; (b) valid
complaint or information; (c) arraignment and a (d) valid plea [People
v. Ylagan, 58 Phil. 851; 853]; (e) the defendant was acquitted or
convicted or the case was dismissed or otherwise terminated without
the express consent of the accused. [People v. Declaro, GR 64362, Feb.
9, 1989, 170 SCRA 142].
First name. A name or nickname given to a person which may consist of
one or more names in addition to the middle and last names. [Sec. 2,
RA 9053].
First reading of a bill. The reading of the number, title, and author
followed by the referral to the appropriate committees. [Tolentino v.
Sec. of Finance, GR 115455. Aug. 25, 1994].
First refusal, right of. 1. The right to have the first opportunity to
purchase real estate when such becomes available, or the right to meet
any other offer. [Blacks Law Dict., Abr. 5th Ed. (1983), 395]. 2. A right
given to a person to be the first person allowed to purchase a certain
object if it is ever offered for sale. The owner of this right is the first to
be offered the designated object if it is ever to be offered for sale.
Fiscal adequacy. One of the characteristics of a sound tax system
which requires that sources of revenues must be adequate to meet
government expenditures and their variations. [Chavez v. Ongpin, GR
76778. June 6, 1990].
Fiscal autonomy. 1. As envisioned in the Constitution, the autonomy
enjoyed by the Judiciary, the Civil Service Commission, the Commission
on Audit, the Commission on Elections, and the Office of the
Ombudsman (which) contemplates a guarantee of full flexibility to
allocate and utilize their resources with the wisdom and dispatch that
their needs require. It recognizes the power and authority to levy,
assess and collect fees, fix rates of compensation not exceeding the
highest rates authorized by law for compensation and play plans of the
government and allocate and disburse such sums as may be provided
by law or prescribed by them in the course of the discharge of their

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functions. 2. Freedom from outside control. [Bengzon v. Drilon, GR
103524. Apr. 15, 1992].
Fiscal year. 1. An accounting period of twelve (12) months ending on
the last day of any month other than December. [Sec. 22, NIRC, as
amended]. 2. The period beginning with the first day of January and
ending with the thirty-first day of December of each calendar year.
[Sec. 2, Chap. 1, Book VI, EO 292]. Compare with Calendar year.
Fish. All fishes and other aquatic animals such as crustaceans (crabs,
prawns, shrimps and lobsters), mollusks (clams, mussels, scallops,
oysters, snails and other shellfish). [Sec. 3, PD 43].
Fish and fishery or aquatic products. This includes not only finfish
but also mollusks, crustaceans, echinoderms, marine mammals, and all
other species of aquatic flora and fauna and all other products of
aquatic living resources in any form. [Sec. 4, RA 8550].
Fish cage. An enclosure which is either stationary or floating made up of
nets or screens sewn or fastened together and installed in the water
with opening at the surface or covered and held in a place by
wooden/bamboo posts or various types of anchors and floats. [Sec. 4,
RA 8550].
Fish corral or Baklad. A stationary weir or trap devised to intercept
and capture fish consisting of rows of bamboo stakes, plastic nets and
other materials fenced with split blood mattings or wire mattings with
one or more enclosures, usually with easy entrance but difficult exit,
and with or without leaders to direct the fish to the catching chambers,
purse or bags. [Sec. 4, RA 8550; Sec. 3, PD 704].
Fisherfolk. People directly or personally and physically engaged in
taking and/or culturing and processing fishery and/or aquatic resources.
[Sec. 4, RA 8550].
Fisherfolk cooperative. A duly registered association of fisherfolk with
a common bond of interest, who have voluntarily joined together to
achieve a lawful common social or economic end, making equitable
contribution to the capital requirement and accepting a fair share of the
risks and benefits of the undertakings in accordance with universally
accepted cooperative principles. [Sec. 4, RA 8550].

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Fisherfolk organization. An organized group, association, federation,
alliance or an institution of fisherfolk which has at least fifteen (15)
members, a set of officers, a constitution and by-laws, an
organizational structure and a program of action. [Sec. 4, RA 8550].
Fisheries. 1. All systems or networks of interrelated activities which
include the production, growing, harvesting, processing, marketing,
developing, conserving, and managing of all aquatic resources and
fisheries areas. [Sec. 4, RA 8435]. 2. All activities relating to the act or
business of fishing, culturing, preserving, processing, marketing,
developing, conserving and managing aquatic resources and the fishery
areas, including the privilege to fish or take aquatic resource thereof.
[Sec. 4, RA 8550].
Fisheries Decree of 1975. PD 704 entitled Revising and consolidating
all laws and decrees affecting fishing and fisheries signed into law on
May 16, 1974.
Fisheries sector. The sector engaged in the production, growing,
harvesting, processing, marketing, developing, conserving, and
managing of aquatic resources and fisheries areas. [Sec. 4, RA 8435].
Fishery. The business of catching, taking, handling, marketing and
preserving fish or other fishery/aquatic products; the fishing grounds;
and the right to fish or take such products therefrom. [Sec. 3, PD 704].
Fishery industry. 1. Fish produces, fish processors, fish traders, both
wholesalers and retailers, and owners of refrigerating and cold storage
plants serving the industry. [Sec. 3, PD 704]. 2. The production,
processing, preservation, marketing and distribution of fish and fishery
products. [Sec. 3, PD 43].
Fishery industry, components of the. Fish producers, fish processors,
fish traders both wholesalers and retailers, and owners of refrigerating
and cold storage plants serving the industry. [Sec. 3, PD 43].
Fishery management areas. A bay, gulf, lake or any other fishery area
which may be delineated for fishery resource management purposes.
[Sec. 4, RA 8550].

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Fishery operator. One who owns and provides the means including
land, labor, capital, fishing gears and vessels, but does not personally
engage in fishery. [Sec. 4, RA 8550].
Fishery products. All products of aquatic living resources in any form.
[Sec. 3, PD 43].
Fishery refuge and sanctuaries. A designated area where fishing or
other forms of activities which may damage the ecosystem of the area
is prohibited and human access may be restricted. [Sec. 4, RA 8550].
Fishery reserve. A designated area where activities are regulated and
set aside for educational and research purposes. [Sec. 4, RA 8550].
Fishery species. All aquatic flora and fauna including, but not restricted
to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and
cetaceans. [Sec. 4, RA 8550].
Fish fingerlings. A stage in the life cycle of the fish measuring to about
6-13 cm. depending on the species. [Sec. 4, RA 8550].
Fish fry. A stage at which a fish has just been hatched usually with sizes
from 1-2.5 cm. [Sec. 4, RA 8550].
Fishing. 1. The taking of fishery species from their wild state of habitat,
with or without the use of fishing vessels. [Sec. 4, RA 8550]. 2. The
application of techniques using various gear in catching fish and other
fisheries products. [Sec. 4, RA 8435].
Fishing boat. 1. Also Gear license. A permit to operate specific types of
fishing boat/gear for specific duration in areas beyond municipal waters
for demersal or pelagic fishery resources. [Sec. 4, RA 8550]. 2. All
boats, such as bancas, sailboats, motor boats or any other type of
watercraft, whether licensed or not, used for fishing purposes:
Provided, That any such boat used for the purpose of transporting the
fish in the course of fishing operations shall be considered as a fishing
boat. [Sec. 3, PD 704].
Fishing gear. Any instrument or device and its accessories utilized in
taking fish and other fishery species. [Sec. 4, RA 8550].

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Fishing grounds. Areas in any body of water where fish and other
aquatic resources congregate and become target of capture. [Sec. 4,
RA 8435].
Fishing vessel. Any boat, ship or other watercraft equipped to be used
for taking of fishery species or aiding or assisting one (1) or more
vessels in the performance of any activity relating to fishing, including,
but not limited to, preservation, supply, storage, refrigeration,
transportation and/or processing. [Sec. 4, RA 8550].
Fishing with the use of explosives. The use of the dynamite, other
explosives or other chemical compounds that contain combustible
elements or ingredients which upon ignition by friction, concussion,
percussion or detonation of all or parts of the compound, will kill,
stupefy, disable or render unconscious any fishery species. [Sec. 4, RA
8550; Sec. 3, PD 704; Sec. 1, PD 534].
Fishing with the use of noxious or poisonous substances. 1. The
use of any substance, plant extracts or juice thereof, sodium cyanide
and/or cyanide compounds or other chemicals either in a raw or
processed form, harmful or harmless to human beings, which will kill,
stupefy, disable or render unconscious any fishery species and aquatic
resources and capable of damaging and altering the natural habitat.
[Sec. 4, RA 8550]. 2. The use of any substance or chemical, whether in
raw or processed form, harmful or harmless, which kill, stupefy,
disable, or render unconscious fish or fishery/aquatic products. [Sec. 3,
PD 704; Sec. 1, PD 534].
Fish pen. 1. An artificial enclosure constructed within a body of water for
culturing fish and fishery/aquatic resources made up of poles closely
arranged in an enclosure with wooden materials, screen or nylon
netting to prevent escape of fish. [Sec. 4, RA 8550]. 2. Fish enclosure
made of closely-woven bamboo screens or nets, or other materials
attached to poles staked to the water bottom for the purpose of
growing and/or culture of fish to various sizes in both fresh and salt
water areas. [Sec. 3, PD 704].
Fish plates. Strips of iron 8" to 12" long and 3 1/2" thick which are
attached to the rails by 4 bolts, two on each side, to keep the rails
aligned. [Ma-Ao Sugar Central Co., Inc. v. CA, GR 83491. Aug. 27,
1990].

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Fishpond. A land-based facility enclosed with earthen or stone material
to impound water for growing fish. [Sec. 4, RA 8550].
Fishponds. Bodies of water enclosed by dikes of earth or other material
constructed for the care and conservation of fish, for purposes of profit;
in this respect fishponds and its waters are artificial, not natural, as
they are constructed through human effort and labor. [De Guzman v.
Mun. of Taytay, GR 43626. Mar. 7, 1938].
Fishworker. A person regularly or not regularly employed in commercial
fishing and related industries, whose income is either in wage,
profit-sharing or stratified sharing basis, including those working in fish
pens, fish cages, fish corrals/traps, fishponds, prawn farms, sea farms,
salt beds, fish ports, fishing boat or trawlers, or fish processing and/or
packing plants. [Sec. 4, RA 8550].
Fit for human consumption. An implied warranty by the seller to the
buyer of food. [Torres, Oblig. & Cont., 2000 Ed., p. 351].
Five air freedoms. Intl. Law. (a) to fly across territory without landing;
(b) the freedom to land for non-traffic purposes; (c) the freedom to put
down traffic originating in the state of the aircraft; (d) the freedom to
embark traffic destined for the state of the aircraft; and (e) the
freedom to embark traffic destined for, or to put down traffic coming
from, a third state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 76].
Fixation. The embodiment of sounds, or of the representations thereof,
from which they can be perceived, reproduced or communicated
through a device. [Sec. 202, RA 8293].
Fixed price contract. A contract (with) a fixed price, i.e., not subject to
escalation. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987].
Flag and Heraldic Code of the Philippines. RA 8491 entitled An Act
prescribing the code of the national flag, anthem, motto, coat-of-arms
and other heraldic items and devices of the Philippines enacted on
Feb. 12, 1998.
Flag of convenience. The granting of nationality (and the right to fly a
flag) to a ship by a state when there is little or no connection (such as
ownership, nationality of the crew, routes followed, etc.) between the
ship and the state. [Intl. Law Dict. & Direct., 2004].

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Flag of truce. Intl. Law. A white flag carried by an individual authorized
by one belligerent to enter into communications with the other
belligerent. The bearer, or parlementaire, is entitled to inviolability as
long as he does not take advantage of his privileged position to commit
an act of treachery. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142].
Flag salute law. RA 1265 entitled An Act making flag ceremony
compulsory in all educational institutions enacted on June 11, 1955.
Flag state. The state that allows a ship to fly its flag and that grants the
ship its nationality. [Intl. Law Dict. & Direct., 2004].
Flammable. Any substance or material that is highly combustible and
self-igniting by chemical reaction and shall include but not limited to
acrolein, allene, aluminum dyethyl monochloride, and other aluminum
compounds, ammonium chlorate and other ammonium mixtures and
other similar substances or materials. [Sec. 5, RA 6235].
Flash point. The minimum temperature at which any material gives off
vapor in sufficient concentration to form an ignitable mixture with air.
[Sec. 3, PD 1185].
Flesh wound. A wound which is superficial in nature. [Morenos Law
Dict., 2000 Ed., p. 181].
Flexible constitution. A constitution which can be changed by ordinary
legislation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9]. Compare
with Rigid constitution.
Flexible work schedule of a solo parent. The right granted to a solo
parent employee to vary his/her arrival and departure time without
affecting the core work hours as defined by the employer. [Sec. 3, RA
8972].
Flight to enemy's country. Crim. Law. The felony committed by any
person who, owing allegiance to the (Philippine) Government, attempts
to flee or go to an enemy country when prohibited by competent
authority. [Art. 121, RPC].
Flip-flopping or flipping. The stances of an agency or board whereby,
after absolving (a person) in a decision that became final, it reversed

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itself and found that he was guilty, based on the same evidence it had
rejected in its first decision. [Fruto v. Reyes, GR 82304. Nov. 29, 1989].
Floating law clause. A clause in a contract which permits one party to
the contract to choose the applicable law, after a predetermined event
has occurred. Such clauses have been criticized for lending themselves
to evasion of the law. [Tetley, Glossary of Conflict of Laws, 2004].
Floating status. 1. An indefinite period of time when (employees) do
not receive any salary or financial benefit provided by law. 2.
(Employees who) remained without work or assignment x x x for a
(certain) period. [Agro Commercial Security Services Agency, Inc. v.
NLRC, GR 82823-24. July 31, 1989].
Floor-wage method. A method used in legislation involving the fixing
of determinate amount that would be added to the prevailing statutory
minimum wage. [ECOP v. NWPC, GR 96169. Sep. 24, 1991, quoting
NWPC's
Order
of
Nov.
6,
1990].
Compare
with
Salary-ceiling-method.
Fluvial domain. See Maritime domain.
Fly. The part of the flag outside the hoist or length. [Sec. 3, RA 8491].
FOB. See Free on Board.
Follow-up. The monitoring of a newborn with a heritable condition for
the purpose of ensuring that the newborn patient complies fully with
the medicine of dietary prescriptions. [Sec. 4, RA 9288].
Food. Any substance, whether processed, semi-processed or raw,
intended for human consumption and includes chewing gum, drinks
and beverages and any substance which has been used as an
ingredient or a component in the manufacture, preparation or
treatment of food. [Art. 4, RA 7394].
Food additive. Any substance, the intended use of which results or may
reasonably be expected to result, directly or indirectly, in its becoming
a component or otherwise affecting the characteristics of any food
(including any substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging, transporting, or

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holding food; and including any source of radiation intended for any
such use), if such substance is not generally recognized, among experts
qualified as having been adequately shown through scientific
procedures to be safe under the conditions of the intended use. [Art. 4,
RA 7394].
Food fortification. The addition of nutrients to processed foods at
levels above the natural state. [Sec. 4, RA 8172].
Food-grade salt. Salt for human and animal consumption as
distinguished from industrial salt. [Sec. 4, RA 8172].
Food security. 1. The policy objective, plan and strategy of meeting the
food requirements of the present and future generations of Filipinos in
substantial quantity, ensuring the availability and affordability of food to
all, either through local production or importation, or both, based on
the country's existing and potential resource endowment and related
production advantages, and consistent with the overall national
development objectives and policies. [Sec. 4, RA 8435]. 2. Any plan,
policy or strategy aimed at ensuring adequate supplies of appropriate
food at affordable prices. [Sec. 4, RA 8550].
Footpath. See Path walk.
Forbearance. The contractual obligation of the creditor to forbear
during a given period to require of the debtor payment of an existing
debt then due and payable. [Martin, Commentaries and Jurisp. on
For cause. That means "a guarantee of both procedural and substantive
due process (in the removal or suspension of a civil service officer or
employee). [Dario v. Mison, GR 86241. Aug. 8, 1989].
Forced heirs. See Compulsory heirs.
Forced labor and slavery. The extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of
force or coercion, including deprivation of freedom, abuse of authority
or moral ascendancy, debt-bondage or deception. [Sec. 3, RA 9208].
Force majeure. Also Caso fortuito. Fr. Act of God. 1. Acts or
circumstances beyond the reasonable control of the contractor

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including, but not limited to, war, rebellion, insurrection, riots, civil
disturbance, blockade, sabotage, embargo, strike, lockout, any dispute
with surface owners and other labor disputes, epidemic, earthquake,
storm, flood or other adverse weather conditions, explosion, fire,
adverse action by government or by any instrumentality or subdivision
thereof, act of God or any public enemy and any cause that herein
described over which the affected party has no reasonable control.
[Sec. 3, RA 7942]. 2. Inevitable accident or casualty; an accident
produced by any physical cause which is irresistible; such as lightning,
tempest, perils of the sea, inundation, or earthquake; the sudden
illness or death of a person. [Gotesco Investment Corp. v. Chatto, GR
87584. June 16, 1992, citing 2 Blackstone's Commentaries, 122].
Force majeure. Elements that must concur to exempt party from
liability, under Art. 1174 of the Civil Code: (a) the cause of the breach
of the obligation must be independent of the human will (the will of the
debtor or the obligor); (b) the event must be either unforeseeable or
unavoidable; (c) the event must be such as to render it impossible for
the debtor to fulfill his obligation in a normal manner; and (d) the
debtor must be free from any participation in, or aggravation of the
injury to the creditor [Lasam v. Smith, 45 Phil. 657 (1924); Austria v.
CA, 39 SCRA 527 (1971); Vasquez v. CA, 138 SCRA 553 (1985); Nakpil
& Sons v. CA, 144 SCRA 596 (1986)].
Forcible abduction. Crim. Law. The abduction of any woman against
her will and with lewd designs. [Art. 342, RPC]. Compare with
Consented abduction.
Forcible abduction with rape. Crim. Law. Elements: (a) The taking of
a woman against her will; (b) the taking is with lewd designs 32 and (c)
the rape of the woman was accomplished through force or intimidation.
[People v. Aczon, GR 93029. Aug. 10, 1993, citing Art. 342, RPC].
Forcible entry. 1. Summary and expeditious procedure by which a
person seeks to recover material or physical possession of any land or
building taken from him by force, intimidation, strategy, threat or
stealth. [e.g., when an intruder occupies by force, the proper civil
remedy is forcible entry]. 2. The unlawful deprivation of the possession
of any land or building by force, intimidation, threat, strategy, or
stealth. [Sec. 1, Rule 70, RoC].

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Forcing. A process where a piece of metal is heated prior to changing its
shape or dimensions. [Sec. 3, PD 1185].
Foreclosure of mortgage. 1. A proceeding in court by which the right
of a person against real or personal property is determined and
enforced. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. The judicial or
extra-judicial procedure by which a mortgagee-creditor or one who has
succeeded to his rights is allowed to have the mortgaged property sold
so that from the proceeds of said sale, the debt may be satisfied. 2. A
court proceeding upon default in a mortgage to vest title in the
mortgagee. [Glossary of Legal Terms (Pro-Se), 2004].
Foreign agent. Any person who acts or agrees to act as political
consultant, public relations counsel, publicity agent, information
representative, or as agent, servant, representative, or attorney for a
foreign principal or for any domestic organization subsidized directly or
indirectly in whole or in part by a foreign principal. The term foreign
agent shall not include a duly accredited diplomatic or consular officer
of a foreign country or officials of the United Nations and its agencies
and of other international organizations recognized by the Republic of
the Philippines while engaged in activities within the scope of their
legitimate functions as such officers or a bona fide member or
employee of a foreign press service or news organization while
engaged in activities within the scope of his legitimate functions as
such. [Sec. 3, BP 39].
Foreign Agents Act of 1979. BP 39 entitled An Act regulating the
activities and requiring the registration of foreign agents in the
Philippines enacted on Sep. 7, 1979.
Foreign air carrier. An air carrier who is not a citizen of the Philippines,
and/or an air carrier other than a domestic air carrier. [Sec. 3, RA 776].
Foreign air commerce. Air commerce between the Philippines and any
place outside it. [Sec. 3, RA 776].
Foreign air transportation. Air transportation between the Philippines
and any place outside it, or wholly outside the Philippines. [Sec. 3, RA
776].
Foreign bill of exchange. Nego. Inst. A bill which on its face does not
purport to be both drawn and payable within the Philippines. [Diaz,

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Bus. Law Rev., 1991 Ed., p. 366]. Compare with Inland bill of
exchange.
Foreign corporation. A corporation formed, organized or existing under
any laws other than those of the Philippines and whose laws allow
Filipino citizens and corporations to do business in its own country or
state. It shall have the right to transact business in the Philippines after
it shall have obtained a license to transact business in this country in
accordance with the Corporation Code and a certificate of authority
from the appropriate government agency. [Sec. 123, Corp. Code].
Compare with Domestic corporation.
Foreign currency denominated sale. Sale to a nonresident of goods,
except those mentioned in Secs. 149 and 150 of the National Internal
Revenue Code, assembled or manufactured in the Philippines for
delivery to a resident in the Philippines, paid for in acceptable foreign
currency and accounted for in accordance with the rules and
regulations of the Bangko Sentral ng Pilipinas (BSP). [Sec. 105, NIRC,
as amended].
Foreign Currency Deposit Act of the Philippines. RA 6426 entitled
An Act instituting a foreign currency deposit system in the Philippines,
and for other purposes enacted on Apr. 4, 1972.
Foreign customer. A person or any entity, corporation, or organization
carrying on business or other activities outside the Philippines, and may
include a foreign government. [Sec. 3, RA 6424].
Foreign diplomat. Any authorized diplomatic representative of the
requesting state or government and recognized as such by the Sec. of
Foreign Affairs. [Sec. 2, PD 1069].
Foreign element. Conf. of Laws. A factual situation that cuts across
territorial lines and is thus affected by the diverse laws of two or more
states. [Agpalo, Conflict of Laws, p. 4].
Foreign exchange. 1. Foreign currency notes, coins, checks, letters of
credits, drafts, bills of exchange or other instruments customarily
employed for international transfer. [Sec. 3, PD 1883]. 2. Any medium
for effecting international payments. [Sec. 1, RA 426]. 3. The
conversion of the money of one state into that of another state. [Intl.

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Foreign exchange market. An informal network of banks, foreign
exchange brokers, and foreign exchange dealers who facilitate the
exchange of currencies. [Intl. Law Dict. & Direct., 2004].
Foreign flag vessel. A vessel or watercraft registered under the laws of
a country other than the Philippines. [Sec. 3, PD 474].
Foreign government. The government of a country, other than the
Philippines, or of any political subdivision or agency thereof. [Sec. 3, RA
6424].
Foreign investments. Equity investment, owned by a non-Philippine
National in a registered enterprise, made in the form of foreign
exchange or other assets actually transferred to the Philippines and
registered with the Central Bank(now Bangko Sentral) and the Board of
Investments, which shall assess and appraise the value of such assets
other than foreign exchange. [Sec. 3, RA 5186].
Foreign judgment. In a strict sense, a judgment rendered by a court of
a foreign country. [Morenos Law Dict., 2000 Ed., p. 183].
Foreign loan. Any credit facility or financial assistance other than equity
investment obtained by a registered enterprise from a source outside
the Philippines and brought into the Philippines either in foreign
exchange or in other assets and registered with the Central Bank (now
Bangko Sentral) and the Board of Investments, which shall assess and
appraise the assets other than foreign exchange representing the
proceeds of the loan. [Sec. 3, RA 5186].
Foreign-owned
corporation.
Any
corporation,
partnership,
association, or cooperative duly registered in accordance with law in
which less than fifty per centum (50%) of the capital is owned by
Filipino citizens. [Sec. 3, RA 7942].
Foreign principal. The government of a foreign country or a foreign
political party; a foreigner located within or outside the jurisdiction of
the Republic of the Philippines; or a partnership, association,
corporation, organization or other entity owned or controlled by
foreigners. [Sec. 3, BP 39].

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Foreign sovereign immunity. A doctrine precluding the institution of
an action against the government of a country without its consent. The
principle of absolute sovereign immunity has eventually been replaced
by the doctrine of restrictive sovereign immunity. [Tetley, Glossary of
Forensic medicine. The branch of medicine the object of which is to
place medical knowledge at the disposal of the administration of
justice, both civil and criminal. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed.].
Foreseeability. The reasonable anticipation that some harm or injury is
a likely result of an act or a failure to act. [Intl. Law Dict. & Direct.,
2004].
Foreseeability test. A breaching party is liable only for those damages
which he or she foresaw or ought to have foreseen. [Intl. Law Dict. &
Direct., 2004].
Foreshore land. 1. A string of land margining a body of water; the part
of a seashore between the low-water line usually at the seaward
margin of a low tide terrace and the upper limit of wave wash at high
tide usually marked by a beach scarp or berm. [Sec. 4, RA 8550]. 2.
The strip of land that lies between the high and low water marks and
that is alternatively wet and dry according to the flow of the tide. [Rep.
v. Alagad, GR 66807. Jan. 26, 1989].
Forest. Vast tracts of wooded land with dense growths of trees and
underbush. It is descriptive of what appears on the land but is not a
legal status nor a classification for legal purposes. [Rep. v. CA, GR
L-56948. Sep. 30, 1987]. Compare with Timber land.
Forest charge. A tax not on the minerals, but upon the privilege of
severing or extracting the same from the earth. [Comm. of Int. Rev. v.
Guerrero, GR L-19074. Feb. 31, 1967].
Forest land. Lands of the public domain which have not been declared
as alienable or disposable, public forests, permanent forests or forest
reserves, forest reservations, timberlands, grazing lands, game refuge,
and bird sanctuaries. [Sec. 4, RA 7900]. Also Timber land.

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Forest product. This includes timber, pulpwood, firewood, bark, tree
top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest
growth such as grass, shrub, and flowering plant, the associated water,
fish, game, scenic, historical, recreational and geologic resources in
forest lands. [Sec. 68, PD 705].
Forest reservations. Forest lands which have been reserved by the
President of the Philippines for any specific purpose or purposes. [Sec.
3, PD 705].
Forest reserves. See Permanent forest.
Forestry Code. See Revised Forestry Code of the Philippines.
Forestry profession, practice of. The scientific conservation and
management of forests for the continuous and judicious utilization of
forests products; including services in the form of forestry consultation,
investigation, planning, preparation, and implementation of
management plans for forests and national park areas and the
determination of the suitability of public forest land for pasture or
agricultural land; logging, forest reconnaissance and timber estimate;
scaling and grading of logs and lumber; identification of woods and
other forestry products; administration, management and supervision
of forest plantation and tree farm leases within public forests;
protection and conservation of game and wildlife; preparation and
implementation of reforestation and afforestation plans; supervision of
any forestry activity requiring the application of forestry principles; and
such other activities as related to forest protection, silviculture, and
maintenance or restoration of necessary ecological balance. [Sec. 2, RA
6239].
Forfeiture. 1. A divestiture of property without compensation, in
consequence of a default or an offense. [Cabal v. Kapunan, GR
L-19052. Dec. 29, 1962, citing 23 Am. Jur. 599]. 2. The incurring of a
liability to pay a definite sum of money as the consequence of violating
the provisions of some statute or refusal to comply with some
requirement of law. It may be said to be a penalty imposed for
misconduct or breach of duty. [Cabal v. Kapunan, GR L-19052. Dec. 29,
1962, citing Com. v. French, 114 S.W. 255]. 3. A cancellation. A legal
action whereby a contract purchaser following default loses all his
interest in the property. [Glossary of Legal Terms (Pro-Se), 2004].

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Forgery. The false making or altering of a writing with the intent to
defraud. [Intl. Law Dict. & Direct., 2004].
Forgery; how committed. Crim. Law. The felony committed: (a) by
giving to a treasury or bank note or any instrument, payable to bearer
or order mentioned therein, the appearance of a true genuine
document; or (b) by erasing, substituting, counterfeiting or altering by
any means the figures, letters, words or signs contained therein. [Art.
169, RPC].
Forging treasury or bank notes on other documents payable to
bearer; importing, and uttering such false or forged notes and
documents. Crim. Law. The felony committed by forging or
falsification of treasury or bank notes or certificates or other obligations
and securities payable to bearer and the importation and uttering in
connivance with forgers or importers of such false or forged obligations
or notes. [Art. 166, RPC].
Forgotten evidence. Evidence already in existence or available before
or during trial, which was known to and obtainable by the party
offering it and, which could have been presented and offered in a
seasonable manner were it not for the oversight or forgetfulness of
such party or his counsel. [Tumang v. CA, GR 82072. Apr. 17, 1989].
Formal. The term may be taken to mean official, regular, definite, fixed,
explicit, positive, proper, solemn, and not necessarily written. [Morenos
Law Dict., 2000 Ed., p. 184].
Formal act. An instrument acknowledged before a notary public.
Formal amendment. Civ. Pro. 1. The summary correction by the court
of a defect in the designation of the parties and other clearly clerical or
typographical errors at any stage of the action, at its initiative or on
motion, provided no prejudice is caused thereby to the adverse party.
[Sec. 4, Rule 10, RoC]. 2. Amendments held to be merely formal, viz.:
(a) new allegations which relate only to the range of the penalty that
the court might impose in the event of conviction; (b) an amendment
which does not charge another offense different or distinct from that
charged in the original one; (c) additional allegations which do not alter
the prosecution's theory of the case so as to cause surprise to the
accused and affect the form of defense he has or will assume; and (d)

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an amendment which does not adversely affect any substantial right of
the accused, such as his right to invoke prescription. [Teehankee, Jr. v.
Madayag, GR 103102. Mar. 6, 1992]. Compare with Substantial
amendment.
Formal crimes. Those crimes which are always consummated by a
single act like slander. [Gregorio, Fund. of Crim. Law Rev., 1997 9th
Ed., p. 33].
Formal education. 1. The systematic and deliberate process of
hierarchically structured and sequential learning corresponding to the
general concept of elementary and secondary level of schooling. At the
end of each level, the learner needs a certification in order to enter or
advance to the next level. [Sec. 4, RA 9155]. 2. The hierarchically
structured and chronologically graded learning organized and provided
by the formal school system and for which certification is required in
order for the learner to progress through the grades or move to higher
levels. [Sec. 20, BP 232].
Formal offer. Evid. The formal offer made by the proponent stating the
specific purpose for which the evidence is offered, after the termination
of the testimonial evidence. [Sec. 34, Rule 132, RoC].
Formal offer of documentary evidence as an exhibit. Evid. Offer
done only when the party rests its case and not before. [Interpacific
Transit v. Aviles, GR 86062. June 6, 1990]. Compare with
Identification of documentary evidence.
Forma pauperis. Lat. Character or manner of a pauper. 1. Permission
given to a poor person (i.e. indigent) to proceed without liability for
court fees or costs. [Blacks Law Dict., Abr. 5th Ed. (1983), 398].
Formation, maintenance and prohibition of combination of
capital or labor through violence or threats. Crim. Law. The
felony committed by any person who, for the purpose of organizing,
maintaining or preventing coalitions or capital or labor, strike of
laborers or lock-out of employees, shall employ violence or threats in
such a degree as to compel or force the laborers or employers in the
free and legal exercise of their industry or work, if the act shall not
constitute a more serious offense in accordance with the provisions of
the Rev. Penal Code. [Art. 289, RPC].

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Formula feeding. The feeding of a newborn with infant formula usually
by bottle-feeding. It is also called artificial feeding. [Sec. 3, RA 7600].
Fortificant. A substance, in chemical or natural form, added to food to
increase its nutrient value. [Sec. 3, RA 8976].
Fortification. The addition of nutrients to processed foods or food
products at levels above the natural state. As an approach to control
micronutrient deficiency, food fortification is addition of a micronutrient,
deficiency in the diet, to a food which is widely consumed by a specific
at-risk groups. [Sec. 3, RA 8976].
Fortuitous event. Any event which could not be foreseen, or which,
though foreseen, were inevitable. [Art. 1174, CC].
Fortuitous event. Characteristics: (a) The cause of the unforeseen and
unexpected occurrence, or the failure of the debtor to comply with his
obligations, must be independent of the human will; (b) it must be
impossible to foresee the event which constitutes the caso fortuito, or if
it can be foreseen, it must be impossible to avoid; (c) the occurrence
must be such as to render it impossible for the debtor to fulfill his
obligation in a normal manner; and, (d) the obligor must be free from
any participation in the aggravation of the injury resulting to the
creditor. Based on the foregoing, in order that a fortuitous event may
exempt a person from liability, it is necessary that he be free from
negligence. [Metal Forming Corp. v. Office of the Pres., GR L-111386.
Aug. 28, 1995].
Forum. Lat. The public market or paved court of a Roman city where
judicial and public business was transacted. (a) The place where a legal
decision is made. (b) The court or locale wherein causes are judicially
tried. [Intl. Law Dict. & Direct., 2004].
Forum conveniens. Lat. Appropriate or convenient court. The principle
whereby a court which would not normally have jurisdiction over a
claim nevertheless accepts jurisdiction, because there is no other
appropriate jurisdiction to hear the claim, in order to ensure that justice
is done. [Tetley, Glossary of Conflict of Laws, 2004].
Forum non conveniens. Lat. Inappropriate or inconvenient court. The
principle whereby a court which has jurisdiction over a claim,
nevertheless stays conditionally or, dismisses conditionally or

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unconditionally the suit, in order that the claim may be tried in another
jurisdiction to which the defendant is amenable and which the court
believes is more appropriate or convenient for the litigation, including
the interests of justice. [Tetley, Glossary of Conflict of Laws, 2004].
Forum organization. An intergovernmental organization that serves
primarily as a meeting place for discussions, negotiations,
adjudications, and related activities. [Intl. Law Dict. & Direct., 2004].
Forum selection clause. A provision in a contract designating a
particular court or tribunal to resolve any dispute that may arise
concerning the contract. [Intl. Law Dict. & Direct., 2004].
Forum shopping. Civ. Pro. 1. The act of a party against whom an
adverse judgment has been rendered in one forum, of seeking another
(and possibly favorable) opinion in another forum other than by appeal
or the special civil action of certiorari, or the institution of two (2) or
more actions or proceedings grounded on the same cause on the
supposition that one or the other court might look with favor upon the
party. [Ortigas & Company Ltd. Partnership v. Velasco, 234 SCRA 455,
500 (1994)]. 2. This occurs whenever, as a result of an adverse opinion
in one forum, a party seeks a favorable opinion (other than by appeal
or certiorari) in another. [Villanueva v. Adre, 172 SCRA 876, 882
(1989)]. 3. It originated as a concept in private international law, where
non-resident litigants are given the option to choose the forum or place
wherein to bring their suit for various reasons or excuses, including to
secure procedural advantages, to annoy and harass the defendant, to
avoid overcrowded dockets, or to select a more friendly venue. To
combat these less than honorable excuses, the principle of forum non
conveniens was developed whereby a court, in conflicts of law cases,
may refuse impositions on its jurisdiction where it is not the most
convenient or available forum and the parties are not precluded from
seeking remedies elsewhere. [First Phil. Intl. Bank v. CA, GR 115849.
Jan. 24, 1996, citing Salonga, Private Intl. Law, 1995 ed., p. 56 et
seq.].
Forwarder. One who, by the nature of his business, accepts the
placement or delivery of whatever goods, involving no more than a
mere physical transfer of the items from the seller. When such items
are to be shipped overseas, the delivery of the goods to it is a mere
preparatory step for their eventual shipment. [Morenos Law Dict., 2000
Ed., p. 186].

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Forward shifting. Tax Law. The transfer of the burden of the tax from
a factor of production through the factors of distribution until it finally
settles on the ultimate purchaser or consumer. [De Leon, Fundamentals
of Taxation, 2000 Ed., p. 55].
Foul bill of lading. A bill which contains a notation therein that the
goods covered by it are in bad condition. [Morenos Law Dict., 2000
Ed., p. 186].
Foundations. Combinations of capital, independent of individuals, and
organized principally for charitable, medical, or educational purposes
(non-profit purpose). [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p.
442].
Founders' shares. Corp. Law. Shares classified as such in the articles of
incorporation which may be given certain rights and privileges not
enjoyed by the owners of other stocks, provided that where the
exclusive right to vote and be voted for in the election of directors is
granted, it must be for a limited period not to exceed five (5) years
subject to the approval of the SEC. [Sec. 7, Corp. Code].
Fountain. A kind of sparkler conical in shape which is lighted on the
ground and designed to provide various rising colors and intermittent
lights upon being ignited. [Sec. 2, RA 7183].
Fourchette. Legal Med. A small fold of membrane connecting the labia
minora on the posterior part of the vulva (external) part of the female
genital organ or the V-shaped appearance formed by the union of the
two labia posterity. [Morenos Law Dict., 2000 Ed., p. 186].
Four-factor balancing test. 1. The test to determine whether an
accused has been denied the constitutional right to speedy disposition
of his case, i.e., (a) length of the delay; (b) reason for the delay; (c)
assertion of the right or failure to assert it; and (d) prejudice caused by
the delay. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 50,
citing People v. Lacson, GR 149453, Apr. 1, 2003]. Also known as
Balancing test.
FPA clause. Free from particular average clause. [Claridades, A.,

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Franchise. 1. A right or privilege, affected with public interest which is
conferred upon private persons or corporations, under such terms and
conditions as the government and its political subdivisions may impose
in the interest of public welfare, security, and safety. [Sec. 131, RA
7160]. 2. Any special privilege or right conferred by the State on
corporations or persons and which does not belong to the citizens of
the country generally as a matter of common right. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., p. 85]. 3. Special license that
requires the franchisee to work the licensed property under the
supervision and control of the franchisor. [Intl. Law Dict. & Direct.,
2004].
Franchise area. A geographical area exclusively assigned or granted to
a distribution utility for distribution of electricity. [Sec. 4, RA 9136].
Frangible disc. In the gas bottling trade, a piece of steel disc between
the valves and the plugs screwed thereto, of a cylinder containing liquid
carbon dioxide, which acts as a safety device the function of which is to
burst when excessive pressure is built within the cylinder to prevent the
pressure vessel from exploding and disintegrating. [Morenos Law Dict.,
2000 Ed., p. 187].
Fraud. 1. The insidious words or machinations of one of the contracting
parties, by which the other is induced to enter into a contract which,
without them, he would not have agreed to. [Art. 1338, CC]. 2. The
voluntary execution of a wrongful act, or a willful omission, knowing
and intending the effects which naturally and necessarily arise from
such act or omission. [Legaspi Oil v. CA, GR 96505. July 1, 1993]. 3.
Anything calculated to deceive, including all acts, omissions, and
concealment involving a breach of legal or equitable duty, trust, or
confidence justly reposed, resulting in damage to another, or by which
an undue and unconscientious advantage is taken of another. [CIR v.
CA. 257 SCRA 200 (1996)].
Fraud by concealment. Fraud committed through failure to disclose
facts, when there is a duty to reveal them, as when the parties are
bound by confidential relations. [Art. 1339, CC].
Fraud in factum. Sometimes known as Fraud in esse contractus.
That fraud which destroys the contract itself. [Diaz, Bus. Law Rev.,
1991 Ed., p. 325].

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

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

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Free alongside ship (FAS). A provision in a contract of sale which
requires the seller to deliver the merchandise at a designated place for
loading aboard ship. [Torres, Oblig. & Cont., 2000 Ed., p. 351].
Free and prior informed consent. The consensus of all members of
the Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) to
be determined in accordance with their respective customary laws and
practices, free from any external manipulation, interference and
coercion, and obtained after fully disclosing the intent and scope of the
activity, in a language and process understandable to the community.
[Sec. 4, RA 8371].
Free areas. All lands within the territorial limits of the Philippines
including those submerged beneath seas, bays, lakes, rivers, lagoons,
or the territorial waters, or on the continental shelf, or its analogue in
an archipelago, but which are not within the national reserve areas, or
petroleum reservations, or covered by valid and existing exploration or
exploitation concession, or petroleum drilling leases. [Art. 14, RA 387].
Free city. An entire port city which has been opened to international
trade. [Intl. Law Dict. & Direct., 2004].
Freedom. The state of being free; liberty; self-determination; absence of
restraint; the opposite of slavery. [Blacks Law Dict., Abr. 5th Ed.
(1983), 338].
Freedom constitution. The provisional Philippine Constitution
promulgated under Proclamation No. 3 signed by former President
Corazon C. Aquino on Mar. 25, 1986.
Freedom of disposition. The liberty to dispose of one's estate by will
when there are no forced heirs (which) is rendered sacred by the Civil
Code in force in the Philippines since 1889. It is so provided in the first
paragraph of Art. 763 (now Art. 842). [Pecson v. Coronel, 45 Phil. 216].
Freedom of navigation. The right to sail ships on the high seas,
subject only to international law and the laws of the flag state. [Suarez,
Pol. Law Reviewer, 1st Ed., 2002, p. 1041].
Freedom of speech. In the words of John Milton, (it) is the "liberty to
know, to utter, and to argue freely according to conscience above all

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liberties. [Garcia v. Faculty Admission Committee, GR L-40779. Nov.
28, 1975].
Freedom of the high seas. The right of all states to freely use the high
seas for navigation, overflight, fishing, the laying of submarine cables
and pipelines, constructing artificial islands and installations, and
carrying on scientific research. [Intl. Law Dict. & Direct., 2004].
Freedom of the Seas. The principle in international law that no part of
the sea can be subjected the sovereignty of any State. It cannot
therefore be incorporated into the territory of any State through
occupation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1040].
Freedom period. See Sixty (60) day freedom period.
Freedom to act on one's beliefs. The aspect of the right to religious
profession and worship where the individual externalizes his beliefs in
acts or omissions that affect the public, and his freedom to do so
becomes subject to the authority of the State. As great as this liberty
may be, religious freedom, like all the other rights guaranteed in the
Constitution, can be enjoyed only with a proper regard for the rights of
others. It is error to think that the mere invocation of religious freedom
will stalemate the State and render it impotent in protecting the general
welfare. The inherent police power can be exercised to prevent
religious practices inimical to society. And this is true even if such
practices are pursued out of sincere religious conviction and not merely
for the purpose of evading the reasonable requirements or prohibitions
of the law. [Cruz, Constl. Law, 1998 Ed., p. 182]. Compare with
Freedom to believe.
Freedom to believe. The aspect of the right to religious profession and
worship where the individual is free to believe (or disbelieve) as he
pleases concerning the hereafter. He may indulge his own theories
about life and death; worship any god he chooses, or none at all;
embrace or reject any religion; acknowledge the divinity of God or of
any being that appeals to his reverence; recognize or deny the
immortality of his soul in fact, cherish any religious conviction as he
and he alone sees fit. However absurd his beliefs may be to others,
even if they be hostile and heretical to the majority, he has full freedom
to believe as he pleases. He may not be required to prove his beliefs.
He may not be punished for his inability to do so. Religion, after all, is a
matter of faith. 'Men may believe what they cannot prove.' Every one

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

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

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

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employee or his dependents; and (j) life or health insurance and other
non-life insurance premiums or similar amounts in excess of what the
law allows. [Sec. 33, NIRC, as amended].
Frivolity, places of. Places of hilarity marked by or providing boisterous
merriment or recreation. [Sec. 3, RA 8491].
Frivolous appeal. An appeal presenting no justiciable question, or one
so readily recognizable as devoid of merit on the face of record that
there is little, if any, prospect that it can ever succeed. One which is
evidently without merit, taken manifestly for delay. [Dela Cruz v.
Blanco, GR 48790. June 8, 1942].
Frontage. That part or end of a lot which abuts a street. [Sec. 3, BP
220].
Front seat passengers. Persons on board a public utility vehicle seated
at the right side beside the driver for public utility jeepneys (PUJs) and
to passengers seated at the right side beside the driver and those at
the first row immediately behind the driver in the case of public utility
buses (PUBs) and to passengers seated on the right side beside the
driver for private motor vehicles. [Sec. 3, RA 8750].
Fruits of the poisonous tree. Also Uncounselled admission. 1. An
admission or confession obtained in violation of one's constitutional
rights the admission of which in court is outlawed. [People v. Opida, GR
L-46272. June 13, 1986]. 2. According to this rule, once the primary
source (the "tree") is shown to have been unlawfully obtained, any
secondary or derivative evidence (the "fruit") derived from it is also
inadmissible. [People v. Alicando, GR 117487. Dec. 12, 1995, citing
Silverthorne v. US, 251 US 385, 40 S. Ct. 182, 64 L. Ed. 319 (1920)]. 3.
The rule is based on the principle that evidence illegally obtained by the
State should not be used to gain other evidence because the originally
illegally obtained evidence taints all evidence subsequently obtained.
[People v. Alicando, GR 117487. Dec. 12, 1995, citing Del Carmen,
Crim. Proc., Law and Practice, 3rd Ed., pp. 64-65].
Frustrated felony. A felony where the offender performs all the acts of
execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator. [Art. 6, RPC].

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Fugitive. One who runs away to avoid arrest, prosecution or
imprisonment. Many extradition laws also call the suspect a "fugitive"
although, in that context, it does not necessarily mean that the suspect
was trying to hide in the country from which extradition is being
sought. [LawInfo Legal Dictionary (2005)].
Fugitive from justice. 1. The term refers not only those who flee after
conviction to avoid punishment but likewise those who, after being
charged, flee to avoid prosecution. [Marquez v. Comelec, GR 112889.
Apr. 18, 1995]. 2. One who, having committed or being accused of
having committed a crime in one jurisdiction, cannot be found therein.
[Rodriguez v. Comelec, GR 120099. July 24, 1996, citing Black's Law
Dict.].
Full. Entire, complete, or possessing all particulars, or not wanting in any
essential quality. [Black's Law Dict, 5th Ed., 604-605, Webster's 3rd
New Intl. Dict., 1986, 919].
Full backwages. Without deducting from backwages the earnings
derived elsewhere by the concerned employee during the period of his
illegal dismissal. [Bustamante v. NLRC, GR 111651. Nov. 28, 1996].
Full blood relationship. That existing between persons who have the
same father and the same mother. [Art. 967, CC].
Full name. A persons Christian or given name and his surname or family
name. [Morenos Law Dict., 2000 Ed., p. 191].
Full payout lease. See Finance lease.
Full powers or pleins pouvoirs. Intl. Law. Credentials which the
representatives of the contracting parties are provided with to
undertake the discussion of the provisions of a proposed treaty. [Cruz,
Full-term baby. An infant which weighs more than 2,275 grams even if
it is born before the thirty-seventh week which is less than 9.3 months.
[People v. Malapo, GR 123115. Aug. 25, 1998].
Full-time teacher. One whose total working day is devoted to the
school, has no other regular remunerative employment and is paid on a

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regular monthly basis regardless of the number of teaching hours. [UST
v. NLRC, GR 85519. Feb. 15, 1990].
Fully developed fishpond. Fully developed fishpond. A clean, leveled
area enclosed with dikes at least one foot higher than the highest flood
water level in the locality and strong enough to resist water pressure at
the highest flood tide, and consisting at least of a nursery pond, a
transition pond, a rearing pond, or a combination of any or all of said
classes of ponds, and water control system. [Sec. 3, PD 704; Sec. 3, PD
43].
Fully-developed fishpond area. A clean leveled area enclosed by
dikes, at least one foot higher than the highest floodwater level in the
locality and strong enough to resist pressure at the highest flood tide;
consists of at least a nursery pond, a transition pond, a rearing pond or
a combination of any or all said classes of ponds, and a functional
water control system and producing in a commercial scale. [Sec. 4, RA
8550; ].
Fulminate. A kind of stable explosive compound which explodes by
percussion. [Sec. 3, PD 1185].
Functus officio. Lat. An officer or agency whose mandate has expired
either because of the arrival of an expiry date or because an agency
has accomplished the purpose for which it was created. [Duhaime's
Legal Dict., 2004].
Fund. A sum of money or other resources set aside for the purpose of
carrying out specific activities or attaining certain objectives in
accordance with special requisitions, restrictions, or limitations, and
constitutes an independent fiscal and accounting entity. [Sec. 2, Chap.
1 Subtitle B, EO 292].
Fundamental breach. A failure to perform that substantially deprives
the other party of that which he was entitled to expect. [Intl. Law Dict.
& Direct., 2004].
Funeral establishment. Any place used in the preparation and care of
the body of a deceased person for burial. [Sec. 89, PD 856].
Funeral expenses. The money expended in procuring the interment,
cremation, or other disposition of a corpse, including suitable

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monument, perpetual care of burial lot and entertainment of those
participating in the wake. [Paras, Phil. Conflict of Laws, 8th Ed. (1996),
pp. 316-317, citing Blacks Law Dict., p. 344].
Fungible goods. 1. Generally the things whose individuality can be
determined by counting, weighing, or measuring. [Tolentino, Civil Code
of the Phil., Vol. II, Repr. 2001, p. 28, citing 1 Ruggiero 489]. 2. Goods
which are comprised of many identical parts and which can be easily
replaced by other, identical goods. If the goods are sold by weight or
number, this is a good sign that they are fungible. 3. Goods of which
any unit is, from its nature by mercantile custom, treated as the
equivalent of any other unit. [Sec. 58, Act 2137].
Fungibles. Goods which are comprised of many identical parts such as a
bushel of grain or a barrel of apples or oil, and which can be easily
replaced by other, identical goods. If the goods are sold by weight or
number, this is a good sign that they are fungible. [LawInfo Legal
Dictionary (2005)].
Furiosi nulla voluntas est. A Latin expression that mentally impaired
persons cannot validly sign a will. [LawInfo Legal Dictionary (2005)].
Furnishings. The act or process of supplying furniture or equipment; an
article or accessory of dress; an object of fixture that tends to increase
comfort or utility. [Ozaeta v. CA, GR 95226. Nov. 18, 1993, citing
Webster's 3rd New Intl. Dict.].
Further training. That part of vocational training which follows basic
training, usually within the framework of a training program or scheme,
for recognized qualifications. [Sec. 1, Rule 1, Book 2, IRR of LC].
Future debts. Debts the amount of which is not yet known and until the
debt is liquidated, there can be no claim against the guarantor. [Art.
2053, CC].
Future inheritance. Any property or right not in existence or capable of
determination at the time of the contract, that a person may in the
future acquire by succession. [Blas v. Santos, GR L-14070. Mar. 29,
1961].
Future person. One who is to be born. It may be a natural or juridical
person. [Morenos Law Dict., 2000 Ed., p. 192].

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Future property. 1. Anything which the donor cannot dispose of at the
time of the donation. [Art. 751, CC]. 2. It includes all property that
belongs to others at the time the donation is made, although it may or
may not later belong to the donor. [Tolentino, Civil Code of the Phil.,
Vol. II, Repr. 2001, p. 561].
Futures. The term has grown out of those purely speculative
transactions in which there are nominal contracts to sell for future
delivery, but where in fact no delivery is intended or executed. The
nominal seller does not have or expect to have a stock of merchandise
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. 131,
138; Anderson v. State, 58 S.E. 401 (1907); Henry Hentz & Co. v.
Booz, 70 S.E. 108 (1911)].
Futures commission merchant or broker. A corporation or
partnership engaged in soliciting or in accepting orders for the purchase
or sale of any commodity for future delivery on or subject to the rules
of any contract market and that, in connection with such solicitation or
acceptance of orders, accepts any money, securities or property (or
extends credit in lieu thereof) to margin, guarantee or secure any trade
or contract that results or may result therefrom. [Onapal Phils.
Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993].

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-GGaffer. 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, banking, or
percentage game, dog races, or any other game of scheme the result
of which depends wholly or chiefly upon chance or hazard; or wherein
wagers consisting of money, articles of value or representative of value
are made; or in the exploitation or use of any other mechanical
invention or contrivance to determine by chance the loser or winner of
money or any object or representative of value; (b) any person who
shall knowingly permit any form of gambling referred to in the
preceding number to be carried on in any uninhabited or uninhabited

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place of any building, vessel or other means of transportation owned or
controlled by him; (c) the maintainer, conductor, or banker in a game
of jueteng or any similar game; or (d) any person who shall, knowingly
and without lawful purpose, have in his possession and lottery list,
paper or other matter containing letters, figures, signs or symbols
which pertain to or are in any manner used in the game of jueteng or
any similar game which has taken place or about to take place. [Art.
195, RPC]. 2. Play by certain rules at cards, dice, or other contrivance,
so that one shall be the loser and the other the winner. [US v.
Salaveria, GR 13678. Nov. 12, 1918, citing 20 Cyc., 878].
Game-fixing. Any arrangement, combination, scheme or agreement by
which the result of any game, races or sports contests shall be
predicted and/or known other than on the basis of the honest playing
skill or ability of the players or participants. [Sec. 1, PD 483].
Game-machinations. Any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice employed for the
purpose of influencing the result of any game, races or sport contest.
[Sec. 1, PD 483].
Game of chance. That game which depends more on chance or hazard
than or skill or ability. [Art. 2013, CC].
Game refuge or bird sanctuary. A forest land designated for the
protection of game animals, birds and fish and closed to hunting and
fishing in order that the excess population may flow and restock
surrounding areas. [Sec. 3, PD 705].
Gana. Tag. With the stress on the first syllable, earning or wage or
salary. [Morenos Law Dict., 2000 Ed., p. 193].
Garnishment. 1. The process of notifying a third person called the
garnishee to retain and attach the property he has in his possession or
under his control belonging to the judgment debtor, to make disclosure
to the court concerning the same, and to dispose of the same as the
court shall direct to satisfy the judgment. [Bench Book for Trial Court
Judges, p. 2-59, citing Sec. 9, Rule 39, RoC]. 2. A species of
attachment for reaching any property or credits pertaining or payable
to a judgment debtor. In legal contemplation, it is a forced novation by
the substitution of creditors; the judgment debtor, who is the original
creditor of the garnishee is, through service of the writ of garnishment,

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substituted by the judgment creditor who thereby becomes creditor of
the garnishee. Garnishment has also been described as a warning to a
person having in his possession property or credits of the judgment
debtor, not to pay the money or deliver the property to the latter, but
rather to appear and answer the plaintiff's suit. [Perla Compania De
Seguros v. Ramolete, GR L-60887. Nov. 13, 1991]. Compare with Levy.
Garnishment, writ of. See Writ of garnishment.
Gasera. Tag. Kerosene lamp. [People v. Indaya, GR 90296. Apr. 25,
1991].
Gastric ulcer. See Stomach ulcer.
Gastro-duodenitis. A disease involving both the stomach and the
duodenum; that the head of the pancreas is cradled next to the
duodenum just past the stomach and a tumor mass in this organ may
be detected by seeing its pressure effect on the abdomen; that
radiologic procedure may show the encroachment of the pancreatic
lesion on other organs; and changes in the configuration of the
abdominal loop of the stomach rarely appear early but are merely signs
of advanced disease. [Sealanes Marine Services, Inc. v. NLRC, GR
84812. Oct. 5, 1990].
Gavel. A wooden mallet used by a judge to bring proceedings to a start
or to an end or to command attention in his court. [Duhaime's Legal
Dict., 2004].
Gear license. See Fishing boat.
Gemstone gathering permit. The non-exclusive permit granted by the
provincial governor to any qualified person to gather loose stones
useful as gemstones in rivers and other locations. [Sec. 52, RA 7942].
GenCos. Privatized generating companies (generators) in the electric
power business. [Sec. 1.2, IRR, EO 354 dated 5 July 1996].
Gender sensitivity. Cognizance of the inequalities and inequalities
prevalent in society between women and men and a commitment to
address issues with concern for the respective interest of the sexes.
[Sec. 2, IRR, RA 8042].

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General acceptance. Nego. Inst. An acceptance to pay at a particular
place, unless it expressly states that the bill is to be paid there only and
not elsewhere. [Sec. 140, NIL]. Compare with Qualified acceptance.
General act. Intl. Law. The document containing a summary of the
proceedings of a conference, which assumes the character of a treaty
by declaring that the treaties and conventions which are annexed to it
have the same force as if they are textually included. [Coquia and
Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. See Act or Final act.
General agency. An agency that comprises all the business of the
principal. [Art. 1876, CC]. Compare with Special agency.
General Agreement on Tariffs and Trade (GATT). A multilateral
international treaty first created in 1947 and frequently amended (most
recently in 1994) to which 125 countries subscribe. GATT provides for
fair trade rules and the gradual reduction of tariffs, duties and other
trade barriers. The 1994 amendment created a World Trade
Organization, which oversees the implementation of the GATT.
General appropriations bill. A bill (filed) on the basis of a budget of
expenditures and sources of financing, including receipts from existing
and proposed revenue measures submitted to the Congress by the
President within thirty days from the opening of the regular session.
[Sec. 22, Art. VII, 1987 Const.]. Compare with Special
appropriations bill.
General Assembly. 1. The principal deliberative body of the United
Nations. [Intl. Law Dict. & Direct., 2004]. 2. The central organ of the
United Nations and is vested with jurisdiction over matters concerning
its internal machinery and operations. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 24].
General average. Mar. Ins. 1. A contribution by the several interests
engaged in the maritime venture to make good the loss of one of them
for the voluntary sacrifice of a part of the ship or cargo to save the
residue of the property and the lives of those on board, or for
extraordinary expenses necessarily incurred for the common benefit
and safety of all. [Amer. Home Assurance v. CA, GR 94149. May 5,
1992, citing Black's Law Dict., Rev. 4th Ed., p. 172]. 2. A contribution
by those jointly involved in a maritime venture to make good the loss

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by one of them for his voluntary sacrifice of a part of the ship or cargo
to save the residue of the property and the lives on board, or for the
extraordinary expenses necessarily incurred for the benefit and safety
of all. [Intl. Law Dict. & Direct., 2004]. Compare with Particular
average.
General bond. A combination of bidder's bond and a performance bond
which may be in cash, certified or cashier's check. [IRR on Supply &
General Bonded Warehouse Law. Act 3893, as amended by RA 247,
which regulates and supervises warehouses which put up a bond.
[Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26].
General building contractor. A person whose principal contracting
business is in connection with any structure built, being built, or to be
built, for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind, requiring in its construction
the use of more than two unrelated building trades or crafts, or to do
or superintend the whole or any part thereof. Such structure includes
sewers and sewerage disposal plants and systems, parks, playgrounds
and other recreational works, refineries, chemical plants, and similar
industrial plants requiring specialized engineering knowledge and skill,
powerhouse, power plants and other utility plants and installations
mines and metallurgical plants, cement and concrete works in
connection with the abovementioned fixed works. [Sec. 9, RA 4566].
General counsel. The senior lawyer of a corporation. This is normally a
full-time employee of the corporation although some corporations
contract this position out to a lawyer with a private firm. [LawInfo Legal
Dictionary (2005)].
General crossed check. A check on which are placed two parallel lines
diagonally on the left top portion of the check and between such lines
are written the words "and Co." or none at all as in the case at bar, in
which case the drawee should not encash the same but merely accept
the same for deposit. [State Investment House v. IAC, GR 72764. July
13, 1989]. Compare with Special crossed check.
General crossing. Crossing of the check where the words written
between the two parallel lines are "and Co." or "for payee's account
only," as in the case at bar. This means that the drawee bank should

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not encash the check but merely accept it for deposit. [Associated Bank
v. CA, GR 89802. May 7, 1992]. Compare with Special crossing.
General denial. One which puts in issue all the material averments of
the complaint or petition, and permits the defendants to prove any and
all facts which tend to negative those averments or some one or all of
them. [Loyola v. HRET, GR 109026. Jan. 4, 1994, citing Maulin v. Ball,
1 P. 409, 411, 5 Mont. 96, cited in Words and Phrases, "General
Denial."].
General elections. The regular local and national elections. [Morenos
Law Dict., 2000 Ed., p. 195].
General engineering contractor. A person whose principal
contracting business is in connection with fixed works requiring
specialized engineering knowledge and skill, including the following
divisions or subjects: irrigation, drainage, water power, water supply,
flood control, inland waterways, harbors, docks and wharves, shipyards
and ports, dams, hydroelectric projects, levees, river control and
reclamation works, railroads, highways, streets and roads, tunnels,
airports and airways, waste reduction plants, bridges, overpasses,
underpasses and other similar works, pipelines and other system for
the transmission of petroleum and other liquid or gaseous substances,
land leveling and earth moving projects, excavating, grading, trenching,
paving and surfacing work. [Sec. 9, RA 4566].
General fee. A fee paid to a lawyer to insure and secure his future
services for a particular case or work, and to remunerate him for being
deprived, by being retained by one party, of the opportunity of
rendering services to the other party. [Morenos Law Dict., 2000 Ed., p.
195].
Generalia specialibus non derogant. Lat. Special provisions prevail
over the general provisions. [Black on Interpretation of Laws, 2nd Ed.,
pp. 328-329]. A special law is not regarded as having been amended or
repealed by a general law unless the intent to repeal or alter is
manifest. [Manila Railroad Co. v. Rafferty, 40 Phil 224 (1919)].
Generalia verba sunt generaliter intelligenda. Lat. It should be
understood to have a general and inclusive scope, inasmuch as the
term is a general one. [Diaz v. IAC, GR 66574. Feb. 21, 1990].

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Generalibus specialia derogant. Lat. General terms do not restrict or
modify special provisions. [Bernas v. CA, GR 85041. Aug. 5, 1993].
General indorser. A person placing his signature upon an instrument
otherwise than as maker, drawer or acceptor. [Tiong v. Ting, GR
L-26767. Feb. 22, 1968].
Generality. A characteristic of criminal law where the law is deemed
binding upon all persons who reside or sojourn in the Philippines,
irrespective of age, sex, color, creed, or personal circumstances.
[Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 2].
General jurisdiction. It refers to courts that have no limit on the types
of criminal and civil cases they may hear. [Glossary of Legal Terms,
Pro-Se Handbook, (Internet)].
General objection. An objection that the contested exhibits are
inadmissible for having been admitted when the purpose for which they
are being offered are not stated. [Morenos Law Dict., 2000 Ed., p.
195].
General partner. A partner who is liable to the extent of his separate
property after all the assets of the partnership are exhausted. [Diaz,
Bus. Law Rev., 1991 Ed., p. 189]. Compare with Limited partner.
General partnership. A partnership where all the parties are general
partners who are liable even to the extent of their individual properties,
after the exhaustion of the partnership assets. [Suarez, Intro. to Law,
1995 3rd Ed., p. 119]. Compare with Limited partnership.
General practice. Dealing in many or numerous areas of the law.
General principles of law. Legal doctrine that allows international
tribunals to adopt and apply principles common to the various systems
of domestic law, so long as they are consistent with the nature of the
international community and are not in conflict with the law established
by international conventions or international customary law. One of the
sources of international law listed in Art. 38 (1) (c) of the Statute of the
International Court of Justice. Their use is controversial and they have
rarely influenced the decisions of any international tribunal. [Intl. Law

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General professional partnership. A partnerships formed by persons
for the sole purpose of exercising their common profession, no part of
the income of which is derived from engaging in any trade or business.
[Sec. 131, RA 7160].
General public. The general community or population, and one who
offers services or solicits business only from a narrow segment of the
general population. [De Guzman v. CA, GR L-47822. Dec. 22, 1988].
General register. The general register of marriages, divorces,
revocation of divorces, conversion and such other deeds or instruments
kept by the Registrar under the Code of Muslim Personal Laws of the
Philippines. [Art. 7, PD 1083].
General repealing provision. A clause which predicates the intended
repeal under the condition that a substantial conflict must be found in
existing and prior acts. [Mecano v. COA, GR 103982. Dec. 11, 1992].
General retainer. A fee paid to a lawyer to secure beforehand his
services as general counsel for any ordinary legal problem that may
otherwise arise in the ordinary business of the client. [Morenos Law
Dict., 2000 Ed., p. 195].
General statute. A statute which relates to persons, entities, or things
as a class or operates equally or alike upon all of a class, omitting no
person, entity, or thing belonging to a class. E.g.: Family Code.
[Suarez, Stat. Con., (1993), p. 96]. Compare with Special statute.
General viewing. Making motion pictures available to general public for
its viewing through convenient film packs or similar materials sold,
leased, or lent in commercial outlets, public lending clubs, and similar
organizations. [Sec. 10, PD 1986].
General warrant. One of a class of writs long proscribed as
unconstitutional and once anathematized as totally subversive of the
liberty of the subject. Clearly violative of the constitutional injunction
that warrants of arrest should particularly describe the person or
persons to be seized, the warrant must, as regards its unidentified
subjects, be voided. [Pangandaman v. Casar, GR L-71782. Apr. 14,
1988].

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General welfare clause. 1. Sec. 16 of RA 7160 or the Local
Government Code of 1991. 2. A delegation in statutory form of the
police power, under which municipal corporations are authorized to
enact ordinances to provide for the health and safety, and promote the
morality, peace and general welfare of its inhabitants. [Physical
Therapy Org. of the Phil. v. Mun. Board of the City of Manila, GR
L-10448. Aug. 30, 1957].
Generation company. Any person or entity authorized by the Energy
Regulatory Commission (ERC) to operate facilities used in the
generation of electricity. [Sec. 4, RA 9136].
Generation of electricity. The production of electricity by a generation
company or a co-generation facility pursuant to the provisions of RA
9136. [Sec. 4, RA 9136].
Generic aggravating circumstances. Those which generally apply to
all crimes like recidivism. [Gregorio, Fund. of Crim. Law Rev., 1997 9th
Ed., p. 111].
Generic drugs. Drugs not covered by patent protection and which are
labeled solely by their international non-proprietary or generic name.
[Sec. 3, RA 6675].
Generic name. Also Generic terminology. The identification of drugs
and medicines by their scientifically and internationally recognized
active ingredients or by their official generic name as determined by the
Bureau of Food and Drugs (BFAD) of the DOH. [Art. 4, RA 7394; Sec. 3,
RA 6675].
Generic or indeterminate thing. A thing which refers only to a class
or genus and cannot be identified with particularity. [Diaz, Bus. Law
Rev., 1991 Ed., p. 3].
Generics Act of 1988. RA 6675 entitled An Act to promote, require
and ensure the production of an adequate supply, distribution, use and
acceptance of drugs and medicines identified by their generic names
Genetic materials. Livestock breed, crop varieties, and fishery species.
[Sec. 2, PD 2032].

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Genetic testing. Analysis of inherited factors (usually by blood or tissue
test) of mother, child, and alleged father which can help to prove or
disprove that a particular man fathered a particular child. [LawInfo
Legal Dictionary (2005)].
Genocide. Intl. Law. 1. Any of the following acts, committed with intent
to destroy, in whole or in part, a national, ethnic, racial or religious
group as such: (a) killing members of the group; (b) causing serious
bodily or mental harm to members of the group; (c) deliberately
inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part; (d) imposing measures
intended to prevent births within the group; (e) forcibly transferring
children of the group to another group. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 116-117]. 2. The intentional annihilation of a national, ethnical,
racial, or religious group. [Intl. Law Dict. & Direct., 2004].
Gentlemens agreement. Intl. Law. A temporary agreement on the
conduct or course of action to be followed and arrived at through an
exchange of diplomatic correspondence. [Coquia and Santiago, Intl.
Law, 3rd Ed. (1998), p. 494].
Genuine. Also Authentic. The document speaks the truth; that it is
what it purports to be a faithful statement or record of the truth.
Trustworthy or not false. [Lucman v. Dimapuro, GR L-31558. May 29,
1970].
Genuine issue. An issue of fact which calls for the presentation of
evidence as distinguished from an issue which is sham, fictitious,
contrived, set up in bad faith and patently unsubstantial so as not to
constitute a genuine issue for trial. The court can determine this on the
basis of the pleadings, admissions, documents, affidavits and/or
counter affidavits submitted by the parties to the Court. [Paz v. CA, GR
85332. Jan. 11, 1990].
Genuine link. A state must have a real and bona fide relationship with a
person before it may sponsor that person's suit in an international
tribunal. [Intl. Law Dict. & Direct., 2004].
Genuineness. The fact that the document is not spurious, counterfeit,
or of different import on its face from the one executed by the party, or
that the party whose signature it bears has signed it and that at the
time it was signed, it was in words and figures exactly as set out in the

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pleadings. [Claridades, A., Compilation of Notes, 2001-2006]. See Due
execution.
Genuineness and due execution. The phrase means nothing more
than that the instrument is not spurious, counterfeit, or of different
import on its face from the one executed. [Bough v. Cantiveros, GR
13300. Sep. 29, 1919].
Genuine or authentic. Fully trustworthy and in accordance with fact or
actuality. [Lucman v. Dimapuro, GR L-31558. May 29, 1970, citing
Webster's 7th New Collegiate Dict., p. 59].
Genuine or authentic document. A document that it is fully
trustworthy and is in accordance with fact or actuality [Lucman v.
Dimapuro, GR L-31558. May 29, 1970, citing Webster's 7th New
Collegiate Dict., p. 59.].
Genus nunquam peruit. Lat. Generic things do not perish. [Claridades,
Geodetic engineer. A natural person who has been issued a Certificate
of Registration by the Board of Geodetic Engineering and has taken the
Oath of Profession of Geodetic Engineers. [Sec. 2, RA 8560].
Geodetic engineering, practice of. A professional and organized act
of gathering physical data on the surface of the earth with the use of
precision instruments. It is also the scientific and methodical processing
of these data and presenting them on graphs, plans, maps, charts or
documents. [Sec. 2, RA 8560].
Geological sciences. That group of disciplines in the natural sciences
dealing with the earth, its composition, physics, structure and
evolution. It shall include, among others, the following disciplines:
Geochemistry; Petrology; Mineralogy; Geophysics; Geodynamics;
Structural
Geology;
Tectonics;
Geomorphology;
Volcanology;
Seismology; Stratigraphy, Paleontology; Historical Geology; Economic
Geology; and such interdisciplinary subjects as Marine Geology,
Hydrogeology, Engineering Geology, Petroleum Geology, Environmental
Geology, Mineral Economics, Mining Geology, Geomathematics,
Geostatistics, Geobarometry, Geochronology, Nuclear Geology,
Geothermometry, Astrogeology, Remote Sensing in Geology and
others. [Sec. 2, EO 625 (1980)].

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Geology, practice of. A person shall be deemed to be practicing
geology or rendering geological service within the meaning of this Act
who shall, for a fee, salary or other reward or compensation paid to
him or through another person, render or offer to render geological
work by means of signs, cards, advertisements or any other way, in the
form of consultation, geological investigation involving geologic
mapping, paleontology, petrology, mineralogy or other branches of
geology. [Sec. 12, 4209].
Geomancy. Divination by lines and figures drawn on the ground.
Geothermal energy. Energy derived or derivable from and produced
within the earth by natural heat phenomenon: and includes all steam,
and water vapor, and every mixture of all or any of them that has been
heated by natural underground energy, and every kind of matter
derived from a bore and for the time being with or in any such stead,
water, water vapor, or mixture. [Sec. 2, RA 5092].
GEPS. The Government Electronic Procurement System as provided in
Sec. 8 of RA 9184. [Sec. 5, RA 9184].
Geriatrics. The branch of medical science devoted to the study of the
biological and physical changes and the diseases of old age. [Sec. 2, RA
9257].
Gerontophilia. Legal Med. Sexual desire with older persons. [Olarte,
Legal Med., 1st Ed. (2004), p. 114].
Gerrymandering. Pol. Law. The practice of creating a legislative district
composed only of towns or localities where a preferred is expected to
win, and excluding from said district those towns and municipalities
where a preferred candidate is not expected to win. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 313].
Gestation. 1. The period of development of the young in viviparous
animals, from the time of fertilization of the ovum until birth. [People v.
Pamor, GR 108599. Oct. 7, 1994, citing The Sloane-Dorland Annotated
Medical-Legal Dict., 312 (1987 ed.)]. 2. The length of gestation in
humans is thought to average 266 days from conception, or 280 days
(nine calendar months) from the first day of the last menstrual period.

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[People v. Pamor, GR 108599. Oct. 7, 1994, citing Danforth's Obstetrics
and Gynecology, 161 (6th Ed. 1990)].
Gestor. Voluntary manager. [US v. Lim, GR 11841. Mar. 31, 1917]. See
Negotiorum gestor.
Gift. A thing or a right to dispose of gratuitously, or any act or liberality,
in favor of another who accepts it, and shall include a simulated sale or
an ostensibly onerous disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value not given in anticipation
of, or in exchange for, a favor from a public official or employee. [Sec.
3, RA 6713].
Gift enterprise. It is commonly applied to a sporting artifice under
which goods are sold for their market value, but by way of inducement
each purchaser is given a chance to win a prize [Caltex (Phils.) INC. v.
Palomar, GR L-19650. Sep. 29, 1966, citing 54 CJS, 850; 34 Am. Jur.,
654; Blacks Law Dict., 4th Ed. 817].
Gift "propter nuptias." A gift bestowed in 1880, when the Civil Code
was not yet in force, is understood to have been made under the
provisions of law 9, title 4, of the fifth Partida, which did not require the
form of a public instrument except when the gift exceeded 500
maravedises in gold, to which P200, the value of land donated,
nowhere near amounts. [Tiamson v. Tiamson, GR 9692. Oct. 21, 1915].
Gimmick. In contemporary lingo, a ploy, a trick or a racket. [Morenos
Law Dict., 2000 Ed., p. 197].
Give approval. To confirm, ratify, sanction or consent to some act or
thing done by another. [Ramos v. CA, GR 42108. Dec. 29, 1989].
Given name. Also Proper name. That which is given to the individual
at birth or at baptism, to distinguish him from other individuals. It may
be freely selected by the parents for the child. [Rep. v. Hernandez, GR
117209. Feb. 9, 1996]. Compare with Surname or family name.
Giving aid or comfort to the enemy. An act which strengthens
tends to strengthen the enemy of the government in the conduct
war against the government, or an act which weakens or tends
weaken the power of the government or the country to resist or

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attack the enemies of the government or of the country. [Gregorio,
Fund. of Crim. Law Rev., 1997 9th Ed., p. 33].
Giving assistance to suicide. Crim. Law. The felony committed by any
person who shall assist another to commit suicide or shall lend his
assistance to another to the extent of doing the killing himself. [Art.
253, RPC].
Giving away. A disposition other than a sale. It is, therefore, an act
short of a sale which involves no consideration. [People v. Lacerna, GR
109250. Sep. 5, 1997].
Glaucoma. A disease characterized by increased tension or pressure
within the eye and progressive loss of visual field. Intraocular pressure
increases when the patient exerts energy, as in running, reading,
climbing stairs, bending over to pick up an object. It also occurs in
relation to emotional upsets. [Morenos Law Dict., 2000 Ed., p. 198].
Global budget. An approach to the purchase of medical services by
which health care provider negotiations concerning the costs of
providing a specific package of medical benefits is based solely on a
predetermined and fixed budget. [Sec. 1, RA 9241].
Global competitiveness. The ability to compete in terms of price,
quality and volume of agriculture and fishery products relative to those
of other countries. [Sec. 4, RA 8435].
Global mobile personal communications by satellite. A satellite
system providing telecommunications services directly to end-users
anywhere in the globe from a constellation of satellites. [Sec.3, EO 467,
s. 1998].
Global tax model. Imposes uniform (usually progressive) taxes on all
types of income. [Intl. Law Dict. & Direct., 2004].
Globe doctrine. Labor. The doctrine enunciated in Globe Machine &
Stamping Co. (3 NLRB 294), and applied in Democratic Labor Union v.
Cebu Stevedoring Co., (L-10321, 28 Feb. 1958), where bargaining units
may be formed through separation of new units from existing ones
whenever plebiscites had shown the workers' desire to have their own
representatives. [Mechanical Department Labor Union sa Phil. Natl.
Railways v. CIR, GR L-28223. Aug. 30, 1968].

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GOCC. See Government-owned or controlled corporation.
Gold refining. The smelting bars, bullion and treatment of chemical
reagents, electro refining, to remove other metal contents leaving gold
alone. [Sec. 2, RA 4095].
Good conduct time allowance. The deductions from the period of
sentence to which any prisoner in any penal institution of good conduct
shall be entitled, viz: (a) during the first two years of his imprisonment,
he shall be allowed a deduction of five days for each month of good
behavior; (b) during the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a deduction of eight days for each
month of good behavior; (c) during the following years until the tenth
year, inclusive, of his imprisonment, he shall be allowed a deduction of
ten days for each month of good behavior; and (d) during the eleventh
and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behavior. [Art. 97,
RPC].
Good faith. 1. In common usage, that state of mind denoting honesty of
purpose, freedom from intention to defraud, and, generally speaking,
means being faithful to one's duty or obligation. It consists of the
honest intention to abstain from taking an unconscionable and
unscrupulous advantage of another. [Filinvest Credit v. CA, GR 115902.
Sep. 27, 1995]. 2. The reasonable belief that the person from whom
the possessor received the thing was the owner thereof, and could
transmit his ownership. [Art. 1127, CC].
Good moral character. Although the term admits of broad dimensions,
it has been defined as including at least common honesty. [Royong v.
Oblena, Adm. Case 376, Apr. 30, 1963, 7 SCRA 859; In re Del Rosario,
52 Phil. 399 (1928)].
Good offices. Intl. Law. A method by which a third party attempts to
bring the disputing states together in order that they may be able to
discuss the issues in contention. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
121].
Good reasons. Special, important, pressing reasons (which) must exist
to justify execution pending appeal. [Roxas v. CA, GR L-56960. Jan. 28,
1988].

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Goods. 1. All items, supplies, materials and general support services,
except consulting services and infrastructure projects, which may be
needed in the transaction of the public businesses or in the pursuit of
any government undertaking, project or activity, whether in the nature
of equipment, furniture, stationery, materials for construction, or
personal property of any kind, including non-personal or contractual
services such as the repair and maintenance of equipment and
furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies
provided by the procuring entity or such services. [Sec. 5, RA 9184]. 2.
Chattels and personal property other than: money, things in action, or
things so affixed to land as to become a part thereof. [Sec. 3, PD 115].
Good seeds. Seeds that are the progeny of certified seeds so handled as
to maintain a minimum acceptable level of genetic purity and identity
and which is selected at the farm level. [Sec. 4, RA 7607].
Goodwill. 1. An intangible business asset which includes a cultivated
reputation and consequential attraction and confidence of repeat
customers and connections. [Duhaime's Legal Dict., 2004]. 2. The
advantage or benefit which is acquired by an establishment beyond the
mere value of the capital stock, funds or property employed therein, in
consequence of the general public patronage and encouragement which
it receives from constant or habitual customers on account of its local
position, or common celebrity, or reputation for skill, or necessities, or
punctuality, or from other accidental circumstances or necessities, or
even from ancient partialities or prejudices. [Bachrach v. Esteva, GR
44510. Dec. 24, 1938]. See also Business goodwill and Company
goodwill.
Gout. A disease characterized by painful inflammation of the joints, in
excessive amount of uric acid in the blood. Poor man's gout is caused
by hard work, poor food and exposure. [Meez v. ECC, GR L-48488.
Apr. 25, 1980, citing The Simplified Medical Dict. for Lawyers, p. 268].
Government. 1. The National Government, and any of its subdivisions,
agencies or instrumentalities, including government-owned or
-controlled corporations and their subsidiaries. [Sec. 1, RA 7080]. 2.
The Executive, the Legislative and the Judicial Branches and the
Constitutional Commissions and shall include all, but shall not be limited
to, departments, bureaus, offices, boards, commissions, courts,

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tribunals, councils, authorities, administrations, centers, institutes, state
colleges and universities, local government units, and the armed forces.
[Sec. 4, RA 6758]. 3. The National Government, the local governments,
and all other instrumentalities, agencies or branches of the Republic of
the Philippines including government-owned or controlled corporations,
and their subsidiaries. [Sec. 3, RA 6713]. 4. That institution or
aggregate of institutions by which an independent society makes and
carries out those rules of action which are necessary to enable men to
live in a social state, or which are imposed upon the people forming
that society by those who possess the power or authority of prescribing
them. [US v. Dorr, GR 1051. May 19, 1903]. Compare with
Administration. 5. Intl. Law. The instrumentality that represents the
state in its dealings with other international persons. [Cruz, Intl. Law
Government accounting. It encompasses the processes of analyzing,
recording, classifying, summarizing and communicating all transactions
involving the receipt and disposition of government funds and property,
and interpreting the results thereof. [Sec. 109, PD 1445].
Government agency. 1. Any government entity, office or officer, other
than a court, that is vested by law with quasi-judicial power to resolve
or adjudicate dispute involving the government, its agencies and
instrumentalities, or private persons. [Sec. 3, RA 9285]. 2. Any
department, bureaus or office of the National Government, or any of its
branches and instrumentalities, or any political subdivision, as well as
any government-owned or controlled corporation, including its
subsidiaries, or other self-governing board or commission of the
Government. [Sec. 2, Chap. 1 Subtitle B, EO 292].
Governmental function. Also Constituent
Certain functions and activities, which can be
Government, and so the State is immune from
v. Maliaman, GR 55963 & 61045. Feb. 27,
Proprietary or Ministrant function.
function. Pol. Law.

performed only by the
tort liability. [Fontanilla
1991]. Compare with
Governmental interest doctrine. Intl. Law. Doctrine that courts

should apply the law of the state that has the most interest in
determining the outcome of the dispute. [Intl. Law Dict. & Direct.,
2004].
Governmental purpose. See Public purpose.

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Government auditing. The analytical and systematic examination and
verification of financial transactions, operations, accounts, and reports
of any government agency for the purpose of determining their
accuracy, integrity, and authenticity, and satisfying the requirements of
law, rules and regulations. [Sec. 53, PD 1445].
Government Auditing Code of the Philippines. PD 1445 entitled
Ordaining and instituting a Government Auditing Code of the
Philippines signed into law on June 11, 1978.
Government funds. Public moneys of every sort and other resources
pertaining to any agency of the Government. [Sec. 2, Chap. 1 Subtitle
B, EO 292].
Government gratuitous permit. The gratuitous permit granted by the
provincial governor to any government entity or instrumentality to
extract sand and gravel, quarry or loose unconsolidated materials
needed in the construction of building and/or infrastructure for public
use or other purposes over an area of not more than two hectares (2
has.) for a period coterminous with said construction. [Sec. 49, RA
7942].
Government hospital. A hospital operated and maintained either
partially or wholly by the national, provincial, municipal or city
government or other political subdivision, or by any department,
division, board or other agency thereof. [Sec. 2, RA 4226].
Government-in-exile. A government whose chief executive and other
principal officials have fled their state in the face of hostile armed forces
but which is recognized as the de jure government by at least one
other state. Except for the states recognizing it, it is not considered to
be a subject of international law. [Intl. Law Dict. & Direct., 2004].
Government of paramount force. Characteristics: (a) that its
existence is maintained by active military power within the territories
and against the rightful authority of an established and lawful
government; and (b), that while it exist it must necessarily be obeyed
in civil matters by private citizens who, by acts of obedience rendered
in submission to such force, do not become responsible, as
wrongdoers, for those acts, though not warranted by the laws of the

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rightful government. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17,
1945]. See De facto government.
Government of the Republic of the Philippines. The corporate
governmental entity through which the functions of government are
exercised throughout the Philippines, including, save as the contrary
appears from the context, the various arms through which political
authority is made effective in the Philippines, whether pertaining to the
autonomous regions, the provincial, city, municipal or barangay
subdivisions or other forms of local government. [Sec. 2, Admin. Code
of 1987].
Government-owned or controlled corporation (GOCC). 1.
Corporations organized as a stock or non-stock corporation vested with
functions relating to public needs, whether governmental or proprietary
in nature, and owned by the Government directly or through its
instrumentalities either wholly or, where applicable as in the case of
stock corporations, to the extent of at least fifty one percent (51%) of
its capital stock. This term shall also include financial institutions,
owned or controlled by the National Government, but shall exclude
acquired asset corporations, state universities, and colleges. [Sec. 2, RA
7656]. 2. A stock or non-stock corporation whether performing
government or proprietary functions, which is directly chartered by
special law or if organized under the general corporation law is owned
or controlled by the government or subsidiary corporation, to the
extent of at least a majority of its outstanding capital stock or of its
outstanding voting stock. [Sec. 2, PD 2029].
Government security. Any security issued or guaranteed as to principal
or interest by the Republic of the Philippines, or by a person controlled
or supervised by and acting as an instrumentality of the Government of
the Republic of the Philippines pursuant to authority granted by the
Congress of the Philippines; or any certificate of deposit for any of the
foregoing. [Sec. 3, RA 2629].
Government Service Insurance System. The Government Service
Insurance System created under Commonwealth Act No. 186, as
amended. [Sec. 1, RA 9241].
GPPB. The Government Procurement Policy Board established in
accordance with Art. X of RA 9184. [Sec. 5, RA 9184].

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Grade. All classes of positions which, although different with respect to
kind or subject matter of work, are sufficiently equivalent as to level of
difficulty and responsibility and level of qualification requirements of the
work to warrant the inclusion of such classes of positions within one
range of basic compensation. [Sec. 3, PD 985].
Graduated tax. See Progressive tax.
Grandfather rule. The method by which the percentage of Filipino
equity in a corporation engaged in nationalized and/or partly
nationalized activities, provided for under the Constitution and other
nationalization laws, is computed in cases where there are corporate
shareholders. [Claridades, A., Compilation of Notes, 2001-2006].
Grant. The action of granting; the thing granted. Consent, permission.
Promise. Admission, acknowledgment. Also, what is agreed to,
promised, admitted, etc. [Phil. Apparel Workers Union v. NLRC, GR
L-50320. July 31, 1981, citing Oxford English Dict. (Vol. IV)].
Granted. Bestowed, allotted. [Phil. Apparel Workers Union v. NLRC, GR
L-50320. July 31, 1981, citing Oxford English Dict. (Vol. IV)].
Grantor. The person who sets up a trust. Also referred to as settlor.
Gratuitous contract or contract of pure beneficence. A contract
the cause of which is the mere liberality of the benefactor. [Art. 1350,
Cc].
Gratuitous donation. An act of liberality which has no other basis than
the desire to do good thing for the welfare of some persons. [Art. 725,
CC].
Gratuitous permit. Permit issued to any individual or entity engaged in
noncommercial scientific, or educational undertaking to collect wildlife.
[Sec. 5, RA 9147].
Gratuitous title. Also Titulo lucrativo. A transmission wherein the
recipient gives nothing in return such as donation and succession
[Cabardo v. Villanueva, 44 Phil. 186, 189-190, citing 6 Manresa, Codigo
Civil, 7th Ed., 1951, p. 360].

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Gratuity. 1. A mere bounty given by the Government in consideration or
recognition of meritorious services and springs from the appreciation
and graciousness of the Government. [Ilagan v. Ilaya, GR 33507, Dec.
20, 1930]. 2. Something given freely, or without recompense; a gift;
something voluntarily given in return for a favor or services; a bounty;
a tip. [Pirovano v. De la Rama Steamship Co., 96 Phil. 357].
Gratuity pay. It is not intended to pay a worker for actual services
rendered. It is a money benefit given to the workers whose purpose is
"to reward employees or laborers, who have rendered satisfactory and
efficient service to the company. [Plastic Town Center Corp. v. NLRC,
GR 81176. Apr. 19, 1989].
Grave abuse of discretion. An act of a court or tribunal which was
performed in a capricious or whimsical exercise of judgment which is
equivalent to lack of jurisdiction. The abuse of discretion must be so
patent and gross as to amount to an evasion of positive duty or to a
virtual refusal to perform a duty enjoined by law, or to act at all in
contemplation of law, as where the power is exercised in an arbitrary
and despotic manner by reason of passion or personal hostility. [De
Luna v. IAC, 170 SCRA 254 (1989)].
Grave coercion. Crim. Law. The felony committed by any person who,
without authority of law, shall, by means of violence, prevent another
from doing something not prohibited by law, or compel him to do
something against his will, whether it be right or wrong, or for the
purpose of compelling another to perform any religious act or to
prevent him from so doing. [Art. 286, RPC].
Grave coercion. Elements: (a) That any person be prevented by
another from doing something not prohibited by law, or compelled to
do something against his will, be it right or wrong; (b) that the
prevention or compulsion be effected by violence, either by material
force or such display of it as would produce intimidation and control the
will of the offended party, and (c) that the person who restrained the
will and liberty of another had no right to do so, or, in other words, that
the restraint was not made under authority of law or in the exercise of
a lawful right [Timoner v. People, GR L-62050. Nov. 25, 1983, citing
Aquino, The Rev. Penal Code, Book II, 1976, p. 1392].

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Grave felonies. Those felonies to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of the Rev. Penal Code. [Art. 9, RPC].
Grave misconduct. 1. A transgression of some established and definite
rule of action, more particularly, unlawful behavior or grave misconduct
by the public officer. The word "misconduct" implies a wrongful
intention and not a mere error of judgment. For serious misconduct to
exist, there must be a reliable evidence that the judicial acts
complained of were corrupt or inspired by an intention to violate the
law, or were in persistent disregard of well-known legal rules. [In re:
Impeachment of Horrilleno, 43 Phil. 212]. 2. A misconduct warranting
removal from office of an officer which must have a direct relation to
and be connected with the performance of official duties, amounting
either to maladministration or willful, intentional neglect and failure to
discharge the duties of the office. [Maaliw, Willie Fernando S., CSC Res.
00-1290, June 1, 2000].
Grave scandal. Crim. Law. The felony committed by any person who
shall offend against decency or good customs by any highly scandalous
conduct not expressly falling within any other article of the Rev. Penal
Grave threats. Crim. Law. The felony committed by any person who
shall threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting to a
crime, and the offender shall have made the threat demanding money
or imposing any other condition, even though not unlawful, and
whether or not said offender shall have attained his purpose, or the
threat be made in writing or through a middleman, or shall not have
been made subject to a condition. [Art. 282, RPC].
Grave threats. Elements: (a) That the offender threatened another
person with the infliction upon his person of a wrong; (b) that such
wrong amounted to a crime; and (c) that the threat was not subject to
a condition. [Reyes v. People, GR L-21528 & L-21529. Mar. 28, 1969].
Grazing land. That portion of the public domain which has been set
aside, in view of the suitability of its topography and vegetation, for the
raising of livestock. [Sec. 3, PD 705].

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Grease money. In the vernacular, Lagay. Money demanded for and
accepted as a form of graft and corruption so common in the
application for licenses and permits from the government. [Antonio v.
Sandiganbayan, GR L-57937. Oct. 21, 1988].
Greater weight of evidence. The phrase is synonymous with the term
Preponderance of evidence. [Morenos Law Dict., 2000 Ed., p. 201].
Greenbacks. The term by which the US dollars are popularly known.
[Bank of the Phil. Islands v. IAC, GR L-66826. Aug. 19, 1988].
Green card. US Resident Alien Registration Card, as commonly referred
to. Morenos Law Dict., 2000 Ed., p. 201].
Grego doctrine. Election Law. A possible exception to the rule (Labo
doctrine) that a second placer may not be declared the winning
candidate, (which is) predicated on the concurrence of two
assumptions, namely: (a) the one who obtained the highest number of
votes is disqualified; and (b) the electorate is fully aware in fact and in
law of a candidate's disqualification so as to bring such awareness
within the realm of notoriety but would nonetheless cast their votes in
favor of the ineligible candidate. [Grego v. Comelec, GR 125955. June
19, 1997]. Compare with Labo doctrine.
Grid. The high voltage backbone system of interconnected transmission
lines, substations and related facilities. [Sec. 4, RA 9136].
Grid code. The set of rules and regulations governing the safe and
reliable operation, maintenance and development of the high voltage
backbone transmission system and its related facilities. [Sec. 4, RA
9136].
Grievance. A complaint filed by an employee regarding working
conditions to be resolved by procedural machinery provided in the
union contract. An injury, injustice, or wrong which gives ground for
complaint. [Glossary of Legal Terms (Pro-Se), 2004].
Grievance machinery. A machinery for the adjustment and resolution
of grievances arising from the interpretation or implementation of the
collective bargaining agreement and those arising from the
interpretation or enforcement of company personnel policies. [Art. 260,
LC].

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Gross ignorance. The want or absence of reasonable care, skill, and
knowledge. [Morenos Law Dict., 2000 Ed., p. 201].
Gross income. 1. All income derived from whatever source, including
(but not limited to) the following items: (a) Compensation for services
in whatever form paid, including, but not limited to fees, salaries,
wages, commissions, and similar items; (b) Gross income derived from
the conduct of trade or business or the exercise of a profession; (c)
Gains derived from dealings in property; (d) Interests; (e) Rents; (f)
Royalties; (g) Dividends; (h) Annuities; (i) Prizes and winnings; (j)
Pensions; and (k) Partner's distributive share from the net income of
the general professional partnership. [Sec. 32, NIRC, as amended]. 2.
In the case of taxpayers engaged in the sale of service, it means gross
receipts less sales returns, allowances, discounts and cost of services.
[Sec. 27, NIRC, as amended]. Compare with Net income.
Grossly immoral conduct. A conduct so corrupt as to constitute a
criminal act or so unprincipled as to be reprehensible to a high degree.
[Reyes v. Wong, 63 SCRA 667, 673, Jan. 29, 1975]. An act committed
under such scandalous or revolting circumstances as to shock the
common sense of decency. [Royong v. Oblena, 7 SCRA 859, 869-870,
Apr. 30, 1963].
Gross neglect of duty. Wanton negligence and open disregard of ones
duties and functions. [Ventayen, Ferdinand B., Res. 00-1453, June 16,
2000].
Gross negligence. 1. It evinces a thoughtless disregard of
consequences without exerting any effort to avoid them. [Citibank, NA
v. Gatchalian, 240 SCRA 212, 218 (1995)]. 2. The want or absence of
even slight care or diligence as to amount to a reckless disregard of the
safety of person or property. [Amedo v. Rio u Olabarrieta, 95 Phil. 33,
37 (1954)].
Gross output. The actual market value of minerals or mineral products
from its mining area as defined in the National Internal Revenue Code.
[Sec. 3, RA 7942].
Gross Philippine Billings. Gross revenue whether for passenger, cargo
or mail originating from the Philippines up to final destination,

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regardless of the place of sale or payments of the passage or freight
documents. [Sec. 28, NIRC, as amended].
Gross receipts. Taxation. The total amount of money or its equivalent
representing the contract price, compensation, service fee, rental or
royalty, including the amount charged for materials supplied with the
services and deposits and advanced payments actually or constructively
received during the taxable quarter for the services performed or to be
performed for another person, excluding value-added tax. [Sec. 108,
NIRC, as amended].
Gross sales or receipts. The total amount of money or its equivalent
representing the contract price, compensation or service fee, including
the amount charged or materials supplied with the services and
deposits or advance payments actually or constructively received during
the taxable quarter for the services performed or to be performed for
another person excluding discounts if determinable at the time of sales,
sales return, excise tax, and value-added tax (VAT). [Sec. 131, RA
7160].
Gross selling price. Taxation. 1. The total amount of money or its
equivalent which the purchaser pays or is obligated to pay to the seller
in consideration of the sale, barter or exchange of the goods or
properties, excluding the value-added tax. The excise tax, if any, on
such goods or properties shall form part of the gross selling price. [Sec.
106, NIRC, as amended]. 2. The total amount of money or its
equivalent which the purchaser pays to the vendor to receive or get the
goods. [Connell Bros. Co. v. Collector of Internal Revenue, GR L-15470.
Dec. 26, 1963].
Gross tonnage. The under-deck tonnage, permanently enclosed spaces
above the tonnage deck, except for certain exemptions. In broad
terms, all the vessel's 'closed-in' spaces expressed in volume terms on
the bases of one hundred cubic feet (that equals one gross ton). [Sec.
4, RA 8550].
Gross value-added. The value, excluding the value of non-agricultural
or fishery intermediate inputs, of goods and services contributed by the
agricultural and fisheries sectors. [Sec. 4, RA 8435].
Gross violations of the Collective Bargaining Agreement. See
Collective Bargaining Agreement, gross violations of.

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Grotius doctrine of immemorial prescription. Intl. Law. The
doctrine which speaks of uninterrupted possession of a territory going
beyond memory. [Sandoval, Pol. Law Reviewer 2003].
Groundwater. A subsurface water that occurs beneath a water table in
soils and rocks, or in geological formations. [Sec 4, RA 9275].
Groundwater vulnerability. Relative ease with which a contaminant
located at or near the land surface can migrate to the aquifer or deep
well. [Sec 4, RA 9275].
Groundwater vulnerability map. The identified areas of the land
surface where groundwater quality is most at risk from human activities
and shall reflect the different degrees of groundwater vulnerability
based on a range of soil properties and hydro geological criteria to
serve as guide in the protection of the groundwater from
contamination. [Sec 4, RA 9275].
Group character loan. A loan contracted by a member and guaranteed
by a group of persons for its repayment. The creditor can collect from
any of the members of the group which guaranteed the said loan,
without prejudice to the right of reimbursement of the member or
members of the group who had advanced the payment in favor of the
actual debtor. [Sec. 3, RA 8425].
Grouping of contacts. See Center of gravity doctrine and Most
significant relationship theory.
Group insurance. Essentially a single insurance contract that provides
coverage for many individuals. In its original and most common form,
group insurance provides life or health insurance coverage for the
employees of one employer. [Pineda v. CA, GR 105562. Sep. 27, 1993].
Guano permit. The permit granted by the provincial governor to any
qualified person to extract and utilize loose unconsolidated guano and
other organic fertilizer materials in any portion of a municipality where
he has established domicile. The permit shall be for specific caves
and/or for confined sites with locations verified by the DENR's field
officer in accordance with existing rules and regulations. [Sec. 51, RA
7942].

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Guarantee. 1. An expressed or implied assurance of the quality of the
consumer products and services offered for sale or length of
satisfactory use to be expected from a product or other similar specified
assurances. [Art. 4, RA 7394]. 2. The commitment given in writing by a
service and repair enterprise undertaking a service or repair work on a
particular appliance or equipment, that repair enterprise shall undertake
a rework of the previous service and repair without any obligation from
the customer. [Sec. 1, PD 1572].
Guarantee agreement. A contract between the participating financial
institution and OWWA whereby the latter pledges to pay a loan
obtained by a migrant worker from the former in the case the worker
defaults. [Sec. 30, IRR, RA 8042].
Guaranteed bonds. Corp. Law. Bonds secured or guaranteed by a
corporation other than the issuing corporation.
Guaranteed shares. Corp. Law. Those guaranteed by a person, natural
or juridical, other than the issuing corporations. [Diaz, Bus. Law Rev.,
1991 Ed., p. 269].
Guarantor. 1. The insurer of the solvency of the debtor (who) thus
binds himself to pay if the principal is unable to pay. [Machetti v.
Hospicio, 43 Phil. 297]. 2. A person who pledges collateral for the
contract of another, but separately, as part of an independent contract
with the obligee of the original contract. [Duhaime's Legal Dict., 2004].
Compare with Surety.
Guaranty. A promise to answer for the debt, default, or miscarriage of
another person. A promise to answer for the payment of some debt or
the performance of some obligation, on default of such payment of
performance, by a third person who is liable or expected to become
liable therefor in the first instance. [Cacho v. Valles, GR 19493. Aug.
27, 1923].
Guaranty commission agent. An agent who receives on a sale, in
addition to the ordinary commission, another called a guarantee
commission, in which case he shall bear the risk of collection and shall
pay the principal the proceeds of the sale on the same terms agreed
upon with the purchaser. [Art. 1907, CC].

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

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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 Professional Regulatory Commission (PRC) in
accordance with RA 9258 and by virtue of specialized training performs
for a fee, salary or other forms of compensation, the functions of
guidance and counseling under Sec. 3 (a) of said Act. [Sec. 3, RA
9258].
Guy. A line from the vise of the vessel, enabling the boom, once released
from the collar, to swing from side to side. The guys hold the boom in
the exact position desired while discharging cargoes. If it is desired to
swing the boom to the right, then the guy on the right should be
tightened and at the same time easing up the guy to the left. [Morenos
Law Dict., 2000 Ed., p. 204].
-HH-1 visa. A working visa issued by the US government. It is

non-immigrant visa. [Morenos Law Dict., 2000 Ed., p. 205].
Habeas corpus. Lat. Have the body. 1. A court petition which orders
that a person being detained be produced before a judge for a hearing
to decide whether the detention is lawful. [Duhaime's Legal Dict.,

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2004]. 2. The name of a writ having for its object to bring a person
before a court. [Jurists Legal Dict., 2004].
Habere facias possessionem. Lat. The process commonly resorted to
by the successful party in an action of ejectment, for the purpose of
being placed by the sheriff in the actual possession of the land
recovered. [Arcadio v. Ylagan, Adm. Case 2734. July 30, 1986].
Habitacion adicional. Sp. An additional room or annex. [Morenos Law
Dict., 2000 Ed., p. 205].
Habitat. Place or environment where species or subspecies naturally
occur or has naturally established its population. [Sec. 5, RA 9147].
Habitual delinquency. Also Delito de habito. It is simply a fact or
circumstance which, if present in a given case with the other
circumstances enumerated in Rule 5 of Art. 62 of the Rev. Penal Code,
gives rise to the imposition of the additional penalties therein
prescribed. This is all the more true because the law itself clearly
provides that the habitual delinquent must be sentenced to the penalty
provided by law for his last crime in addition to the additional penalty
he deserves. [People v. De Jesus, GR 45198. Oct. 31, 1936]. Also
Multi-recidivism.
Habitual delinquent. 1. Sometimes called a Multi-recidivist. A
person who, within a period of ten years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa, or falsification, is found guilty of any said crimes a
third time or oftener. [Almeda v. Villaluz, GR L-31665. Aug. 6, 1975;
Art. 62, RPC]. 2. Prop. Mgt. A contractor/supplier who fails to abide by
or comply with terms and conditions of his contract for two (2) or more
times within a period of one (1) year. [IRR on Supply & Prop. Mgt., per
Sec. 383, LGC].
Habitual drunkard. One given to intoxication by excessive use of
intoxicating drinks. The habit should be actual and confirmed. It lessens
individual resistance to evil thought and undermines will-power making
its victim a potential evildoer [People v. Camano, GR L-36662-63. July
30, 1982, citing Aquino, Rev. Penal Code, pp. 408-409].
Habituality. See Reiteracion.

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Habitually absent. An officer or employee who incurs unauthorized
absences exceeding the allowable 2.5 days monthly leave credit under
the Leave Law for at least three (3) months in a semester or at least
three (3) consecutive months during the year. [Sec. 22(q), Rule XIV,
Omnibus Rules Implementing Book V of EO 292].
Habitually tardy. An employee who incurs tardiness, regardless of the
number of minutes, ten (10) times a month for at least two (2) months
in a semester or at least two (2) consecutive months during the year.
[Sec. 22(q), Rule XIV, Omnibus Rules Implementing Book V of EO 292].
Habitual mendicant. One who has been convicted of mendicancy
under PD 1563 two or more times. [Sec. 3, PD 1563].
Hacking. Short and interrupted. [Morenos Law Dict., 2000 Ed., p. 205].
Half ahead. A maritime maneuver equivalent to twelve miles per hour.
Half-blood relationship. That existing between persons who have the
same father, but not the same mother, or the same mother, but not
the same father. [Art. 967, CC].
Half-mast. Lowering the flag to one-half the distance between the top
and bottom of the staff. [Sec. 3, RA 8491].
Hallucination. Legal Med. An erroneous perception without an external
object or stimulus. [Olarte, Legal Med., 1st Ed. (2004), p. 146].
Compare with Illusion.
Hambog. Tag. The word means not just braggart, but proud or
arrogant. [Madrona v. Rosal, GR 39120. Nov. 21, 1991].
Hamlet. A small village. [Morenos Law Dict., 2000 Ed., p. 205].
Hamletting. Loosely defined, the forced clustering into a small village of
the residents of a sitio or barangay to enable the military to operate
effectively within the area or vicinity left by the residents or inhabitants.

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Handcarry. A piece of luggage that is not checked-in, hence, not given a
claim tag. It is under the custody and care of the passenger concerned.
Handicap. 1. A disadvantage for a given individual, resulting from an
impairment or a disability, that limits or prevents the function or
activity, that is considered normal given the age and sex of the
individual. [Sec. 4, RA 7277]. 2. A disadvantage suffered by a person
which makes achievement unusually difficult because of some physical
and/or psycho-social impairment. It also refers to cumulative effect of
obstacles which the disadvantage interposes between the individual
and his maximum functional level. [Sec. 11, PD 1509].
Handicapped workers. Those whose earning capacity is impaired by
age or physical or mental deficiency or injury. [Art. 78, LC].
Handicraft establishment. See Cottage establishment.
Handicrafts and shellcrafts. A trade or activity in which articles are
fashioned totally or chiefly by hand with manual or artistic skill, using
principally indigenous materials. [Sec. 1, PD 1634].
Handwriting. The chirography of a person; the cast or form of writing
peculiar to a person, including the size, shape, and style of letters,
tricks of penmanship, and whatever gives individuality to his writing,
distinguishing it from that of other persons. Anything written by hand;
an instrument written by hand of a person, or a specimen of his
writing. [Blacks Law Dict., Abr. 5th Ed. (1983), 365].
Harassment. Unsolicited words or conduct which tend to annoy, alarm
or abuse another person. [Duhaime's Legal Dict., 2004].
Harbor fee. The amount which the owner, agent, operator or master of
a vessel has to pay for each entrance into or departure from a port of
entry in the Philippines. [Sec. 2701, RA 1937].
Harbor line. The limiting line beyond which no piers, wharves,
bulkheads or other works shall be extended or any deposits made.
[Sec. 3, RA 4663].
Hard surfactants. Surfactants with low biodegradability rate including
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alkyl benzene surfactants, hard or branded dodecyl benzene sulfonates,
branched dodecyl benzene, their sodium or potassium salts and other
technical names referring to the same chemical compound. [Sec. 2, RA
8970].
Harmless error. 1. Any error in either the admission or the exclusion of
evidence and any error or defect in any ruling or order or in anything
done or omitted by the trial court or by any of the parties which is not
deemed to be a ground for granting a new trial or for setting aside,
modifying, or otherwise disturbing a judgment or order, unless refusal
to take such action appears to the court inconsistent with substantial
justice. Any error or defect which does not affect the substantial rights
of the parties and which the court at every stage of the proceeding
must disregard. [Sec. 6, Rule 51, RoC]. 2. An error committed during a
trial that was corrected or was not serious enough to affect the
outcome of a trial and therefore was not sufficiently harmful
(prejudicial) to be reversed on appeal. [Glossary of Legal Terms, Pro-Se
Handbook, (Internet)]. See English Exchequer Rule.
Harvested material. Any part of a plant with potential economic value
or any product made directly therefrom in proper case. [Sec 3, RA
9168].
Harvesting. The gathering of the crops. Synonymous with reaping.
Hauler. Any person, whether natural or juridical, engaged in the
transport, distribution, hauling, and carriage of petroleum products,
whether in bulk or packed form, from the oil companies and
independent marketers to the petroleum dealers and other consumers.
[Sec. 4, RA 8479].
Hazardous operation/process. Any act of manufacturing, fabrication,
conversion, etc., that uses or produces materials which are likely to
cause fires or explosions. [Sec. 3, PD 1185].
Hazardous substances. Elements or compounds which when
discharged in any quantity present imminent or substantial danger to
public health and welfare. [Sec. 62, PD 1152].
Hazardous waste. Any waste or combination of wastes of solid liquid,
contained gaseous, or semi-solid form which cause, of contribute to, an

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increase in mortality or an increase in serious irreversible, or
incapacitating reversible illness, taking into account toxicity of such
waste, its persistence and degradability in nature, its potential for
accumulation or concentration in tissue, and other factors that may
otherwise cause or contribute to adverse acute or chronic effects on the
health of persons or organism. [Sec 4, RA 9275].
Heading. Also Headline or headnote. A part of the statute of limiting
and defining the sections to which it refers and should be given effect
according to its import as though it was in the body of the act.
Head of the family. 1. Any person so defined in the National Internal
Revenue Code, as amended. [Sec. 2, RA 9257]. 2. An unmarried or
legally separated man or woman with one or both parents, or with one
or more brothers or sisters, or with one or more legitimate, recognized
natural or legally adopted children living with and dependent upon him
for their chief support, where such brothers or sisters or children are
not more than twenty-one (21) years of age, unmarried and not
gainfully employed or where such children, brothers or sisters,
regardless of age are incapable of self-support because of mental or
physical defect. [Sec. 35, NIRC, as amended].
Headworks. The composite parts of the irrigation system that divert
water from natural bodies of water such as rivers, streams, and lakes.
[Sec. 4, RA 8435].
Healthcare practitioner. Physicians, nurses, midwives, nursing aides
and traditional birth attendants. [Sec. 4, RA 9288].
Health care provider. It refers to: (a) a health care institution , which
is duly licensed and accredited devoted primarily to the maintenance
and operation of facilities for health promotion, prevention, diagnosis,
injury, disability, or deformity, drug addiction or in need of obstetrical
or other medical and nursing care. It shall also be construed as any
institution, building, or place where there are installed beds, cribs, or
bassinets for twenty-four hour use or longer by patients in the
treatment of diseases, injuries, deformities, or abnormal physical and
mental states, maternity cases or sanitarial care; or infirmaries,
nurseries, dispensaries, rehabilitation centers and such other similar
names by which they may be designated; or (b) a health care
professional, who is any doctor of medicine, nurse, midwife, dentist, or

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

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Healthy residual. A sound or slightly injured tree of the commercial
species left after logging. [Sec. 3, PD 705].
Hearing. A formal proceeding (generally less formal than a trial) with
definite issues of law or of fact to be heard. Hearings are used
extensively by legislative and administrative agencies. [Glossary of
Hearing de novo. A full new hearing. [Jurists Legal Dict., 2004]. Also
De novo hearing.
Hearing officers. Officers appointed or designated in the
DOLE-Regional Office and authorized to hear and decide cases under
Sec. 2 of RA 6715 and whose decision is appealable to the NLRC. [Sec.
1, Rule 1, Book 5, IRR of LC].
Hearing, right to a. The right of the party interested or affected to
present his own case and submit evidence in support thereof. Not only
must the party be given an opportunity to present his case and to
adduce evidence tending to establish the rights which he asserts but
the tribunal must consider the evidence presented. [Ang Tibay v. CIR,
GR 46496. Feb. 27, 1940].
Hearsay evidence. 1. Any evidence, whether oral or documentary, the
probative value of which is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witness
stand. [Sec. 36, Rule 13, RoC]. 2. Evidence not of what the witness
knows himself but of what he has heard from others. [People v.
Manhuyod, GR 124676. May 20, 1998, citing Francisco, Evidence 244
(3rd Ed., 1996)]. 3. Statements by a witness who did not see or hear
the incident in question but heard about it from someone else. Hearsay
is usually not admissible as evidence in court. [Glossary of Legal Terms
(Pro-Se), 2004]. Compare with Non-hearsay.
Heart failure. Acute cardio-respiratory failure. [De Clemente v.
Workmen's Compensation Commission, GR L-42087. Apr. 8, 1988].
Heavy durable. Any durable item not portable or too large to be
shipped as accompanied personal item in the course of travel. [Customs
Admin. Order 3-95, Dec. 6, 1995].

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Heinous. 1. Grievous, odious and hateful. [People v. Buyok, GR 109771.
Aug. 25, 1994]. 2. The etymological root of the word was traced to the
Early Spartans' word, "haineus", meaning, hateful and abominable,
which, in turn, was from the Greek prefix "haton", denoting acts so
hatefully or shockingly evil. [Justice Kapunans dissenting opinion,
People v. Alicando, 251 SCRA 293 (1995)].
Heinous crimes. Crim. Law. 1. Grievous, odious and hateful offenses
which, by reason of their inherent or manifest wickedness, viciousness,
atrocity and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just, civilized and
ordered society. [RA 7659]. 2. A grave felony as defined in the Rev.
Penal Code, or an offense punishable under special law, committed in a
manner that is revolting or shocking to the common sensibilities of
man, whether deliberately sought or not, such as those attended by
cruelty, ignominy, treachery, and similar circumstances. [Sec. 4, EO 3
(1992)].
Heir. A person called to the succession either by the provision of a will or
by operation of law. [Art. 782, CC].
Help. In its ordinary connotation, to assist. [Morenos Law Dict., 2000
Ed., p. 207].
Hematoma. A swelling containing clotted blood, usually caused by direct
violence. [Morenos Law Dict., 2000 Ed., p. 207].
Hepatoma. See Liver cancer.
Herbal medicines. Finished, labeled, medicinal products that contain as
active ingredient/s aerial or underground part/s of plant or other
materials or combination thereof, whether in the crude state or as plant
preparations. Medicines containing plant material(s) combined with
chemically-defined active substances, including chemically-defined,
isolated constituents of plants, are not considered to be herbal
medicines. [Sec. 4, RA 8423].
Herbolario. Tag. 1. Herb healer. [People v. Mercado, GR L-30298. Mar.
30, 1971]. 2. Quack doctor. [People v. Malate, GR L-40791. Sep. 11,
1982]. 3. Faith healer. [People v. Oliquino, GR 94703. May 31, 1993].

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Herencia futura. Sp. Future. [Blas v. Santos, GR L-14070. Mar. 29,
1961].
Heritable condition. Any condition that can result in mental
retardation, physical deformity or death if left undetected and
untreated and which is usually inherited from the genes of either or
both biological parents of the newborn. [Sec. 4, RA 9288].
Herrera-Veloso Law. RA 6715 which took effect on March 21, 1989.
Hidden treasure. Any hidden and unknown deposit of money, jewelry,
or other precious objects, the lawful ownership of which does not
appear. [Art. 439, CC].
Hierarchy. A group arranged according to rank or authority. [Intl. Law
Hierarchy of evidentiary values. (a) Proof beyond reasonable doubt
at the highest level, followed by (b) clear and convincing evidence, (c)
preponderance of evidence, and (d) substantial evidence, in that order.
[Manalo v. Nieves-Confesor, GR 102358. Nov. 19, 1992].
High-end or luxury goods. Goods which are not necessary for life
maintenance and whose demand is generated in large part by the
higher income groups. Luxury goods shall include, but are not limited to
products such as; jewelry, branded or designer clothing and footwear,
wearing apparel, leisure and sporting goods, electronics and other
personal effects. [Sec. 3, RA 8762].
Higher Education Modernization Act of 1997. RA 8292 entitled An
Act providing for the uniform composition and powers of the governing
boards, the manner of appointment and term of office of the president
of chartered state universities and colleges, and for other purposes
High level employee. One whose functions are normally considered
policy determining, managerial or one whose duties are highly
confidential in nature. [Arizala v. CA, GR 43633-34. Sep. 14, 1990].
Highly technical industries. Trade, business, enterprise, industry, or
other activity, which is engaged in the application of advanced
technology. [Sec. 2, Rule 6, Book 3, IRR of LC].

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Highly toxic substance. Any substance which has any of the following
effects: (a) produces death within fourteen days to one-half or more
than one-half of a group of ten or more laboratory white rats each
weighing between Two hundred and three hundred grams, at a single
dose of fifty milligrams or less per kilogram of body weight, when orally
administered; or (b) produces death within fourteen days to one-half or
more of a group of ten or more laboratory white rats each weighing
between two hundred and three hundred grams, when inhaled
continuously for a period of one hour or less at an atmospheric
concentration of two hundred parts per million by volume or less of gas
or vapor or two milligrams per liter by volume or less of mist or dust,
provided such concentration is likely to be encountered by man when
the substance is used in any reasonably foreseeable manner, or (c)
produces death within fourteen days to one-half or more of a group of
ten or more rabbits, when tested in a dosage of two hundred milligrams
or less per kilogram of body weight, or when administered through
continuous contact with the bare skin for twenty-four hours or less.
[Art. 4, RA 7394].
High-risk behavior. A person's frequent involvement in certain
activities which increase the risk of transmitting or acquiring HIV. [Sec.
4, RA 8496].
High seas. Intl. Law. 1. They are also treated as res communes or res
nullius, and thus, are not territory of any particular state. The
traditional view is freedom of the high seas they are open and
available, without restriction, to the use of all states for the purpose of
navigation, flight over them, laying submarine cables and pipes, fishing,
research, mining, etc. [Sandoval, Pol. Law Reviewer 2003]. 2. The
ocean areas outside the territorial seas and maritime zones of coastal
states. They are open to use by all states for peaceful purposes. [Intl.
High-value crops (HVC). Crops other than traditional crops which
include, but are not limited to: coffee and cacao, fruit crops, root crops
, vegetable crops, legumes, pole sitao, spices and condiments, and
cutflower and ornamental foliage plants. [Sec. 4, RA 7900].
High-Value Crops Development Act of 1995. RA 7900 entitled An
Act to promote the production, processing, marketing and distribution

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of high-valued crops, providing funds therefor, and for other purposes
Highway robbers. See Brigands.
Highway robbery or brigandage. The seizure of any person for
ransom, extortion or other unlawful purposes or the taking away of
property of another by means of violence against or intimidation of
persons nor force upon things or other unlawful means, committed by
any person on any Philippine Highway. [Sec. 2, PD 532].
Hijacker. A person who compels a change in the course or destination
of an aircraft of Philippine registry, or to seize or usurp the control
thereof, while it is in flight (from the moment all its external doors are
closed following embarkation until any of such doors is opened for
disembarkation), or compels an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is
within the said territory. [Sec. 1, RA 6235].
Hijacking. Also Aircraft piracy. The offense committed by any person
who shall compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in
flight (from the moment all its external doors are closed following
embarkation until any of such doors is opened for disembarkation), or
shall compel an aircraft of foreign registry to land in Philippine territory
or to seize or usurp the control thereof while it is within the said
territory. [Sec. 1, RA 6235].
Hijo de puta. Sp. Son of a whore. [US v. Gil, GR 4704. Apr. 26, 1909].
Hiligaynon. An Austronesian language of the Hiligaynon people (those
inhabiting Panay and part of Negros, Philippines) related but not
mutually intelligible with Cebuano and frequently considered a dialect of
Bisayan. [Bofill v. CA, GR 107930. Oct. 7, 1994, citing Webster's 3rd
New Intl. Dict., 1986 Ed., p. 1069].
Hilot. Tag. An unlicensed midwife. [People v. Sendon, GR 101579-82.
Dec. 15, 1993].
Hipag. Tag. Sister-in-law. Sometimes loosely used to refer to a (female)
cousin-in-law. [Claridades, A., Compilation of Notes, 2001-2006].
Compare with Bilas and Bayaw.

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Hire and fire. Labor. The right of an employer to dismiss an employee,
when the employment is without a definite period, at any time, with or
without cause, provided that, if the dismissal is without cause, the
employer gives the employee the necessary notice or termination pay.
Hiring agreement. Labor. An agreement whereby the employer is
obliged to hire only those union members in hiring agreement.
However, it does not necessarily mean that union members should
maintain their membership as a condition sine qua non for
employment. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157].
Hiring hall arrangement. Labor. An arrangement where the employer
requisitions new employees directly from the union business agent.
[Poquiz, Labor Rel. Law, 1999 Ed. p. 156, citing Beal and Wickersham,
The Practice of Collective Bargaining, pp. 242-243].
Historical site. Any place, province, city, town and/or any location and
structure which has played a significant and important role in the
history of our country and nation. Such significance and importance
may be cultural, political, sociological or historical. [Sec. 3, RA 4846].
Historic bays. Intl. Law. Bays whose waters are considered internal but
which should not have that character were it not for the existence of a
historic title. Examples are the Bay of Cancale in France, the Bay of
El-Arab in Egypt, and Hudson Bay in Canada. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 62].
HIV. See Human Immuno-deficiency Virus.
HIV/AIDS monitoring. The documentation and analysis of the number
of HIV/AIDS infections and the pattern of its spread. [Sec. 4, RA 8496].
HIV/AIDS prevention and control. Measures aimed at protecting
non-infected from contracting HIV and minimizing the impact of the
condition of persons living with HIV. [Sec. 4, RA 8496].
HIV-negative. The absence of HIV or HIV antibodies upon HIV testing.
[Sec. 3, RA 8504].

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HIV-positive. The presence of HIV infection as documented by the
presence of HIV or HIV antibodies in the sample being tested. [Sec. 3,
RA 8504].
HIV testing. Any laboratory procedure done on an individual to
determine the presence or absence of HIV infection. [Sec. 3, RA 8504].
HIV transmission. The transfer of HIV from one infected person to an
uninfected individual, most commonly through sexual intercourse, blood
transfusion, sharing of intravenous needles and during pregnancy. [Sec.
3, RA 8504].
Hoarding. The undue accumulation of a trader of petroleum and/or
products beyond his or its normal inventory levels, and/or unjustified
refusal to dispose of, sell or distribute the same to consumers; or the
unreasonable accumulation by a person other than a trader of
petroleum and/or petroleum products. [Sec. 2, PD 1865; Sec. 3, BP
33].
Hoax. Something done for deception or mockery, or trick played off in
sport; a practical joke. [Morenos Law Dict., 2000 Ed., p. 208].
Hodge-podge legislation. Also Log-rolling legislation. A
mischievous legislative practice of embracing in one bill several distinct
matters, none of which, perhaps, could singly obtain the assent of the
legislator, and then procuring its passage by a combination of the
minorities in favor of each of the measure into a majority that will
adopt them all. The object of such kind of legislation is to unite the
legislators who favor any one of the subjects in support of the whole
act. [Suarez, Stat. Con., (1993), p. 44, citing Sumulong v. Comelec, 73
Phil. 283]. Compare with One-subject, one-title rule.
Hoist. The part of the flag nearest the staff or the canvass to which the
halyard is attached. [Sec. 3, RA 8491].
Holder. Nego. Inst. 1. The payee or indorsee of a bill or note who is in
possession of it, or the bearer thereof. [Sec. 191, NIL]. 2. A person
who acquires an instrument by negotiation. [Intl. Law Dict. & Direct.,
2004].
Holder for value. Nego. Inst. 1. One who must meet all the
requirements of a holder in due course under Sec. 52 of the Nego. Inst.

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Law except notice of want of consideration. [Agbayani, Comm. Laws of
the Phil., 1964, p. 208]. 2. If he does not qualify as a holder in due
course, then he holds the instrument subject to the same defenses as if
it were non-negotiable. [Sec. 26, NIL].
Holder in bad faith. Nego. Inst. A person who acquires an instrument
knowing that it was not properly negotiated to him. [Intl. Law Dict. &
Direct., 2004].
Holder in due course. Nego. Inst. 1. A holder who has taken the
instrument under the following conditions: (a) that it is complete and
regular upon its face; (b) that he became the holder of it before it was
overdue, and without notice that it had been previously dishonored, if
such was the fact; (c) That he took it in good faith and for value; (d)
that at the time it was negotiated to him he had no notice of any
infirmity in the instrument or defect in the title of the person
negotiating it. [Sec. 52, NIL]. 2. A holder who acquires a negotiable
instrument for value, in good faith, and without notice that it is
overdue, has been dishonored, or that persons required to pay on it
have some valid excuse for not doing so. [Intl. Law Dict. & Direct.,
2004].
Holder of a receipt. A person who has both actual possession of such
receipt and a right of property therein. [Sec. 58, Act 2137].
Holding corporation or company. 1. A corporation (or company)
which controls another as a subsidiary by the power to elect
management. It holds stocks in other companies for purposes of
control rather than for mere investment. 2. Corporation (or company)
owned by a parent or parents to supervise and coordinate the
operations of subsidiary companies. [Intl. Law Dict. & Direct., 2004].
See Parent corporation.
Hold-Order. An order to temporarily prevent a person from leaving the
country where his departure will prejudice, hamper or otherwise
obstruct the task of the PCGG in the enforcement of EOs 1 and 2,
because such person is known or suspected to be involved in the
properties or transactions covered by said EOs. [Kwong v. PCGG, GR
79484. Dec. 7, 1987, PCGG Rules and Regulations dated 11 April 1986].
Hold-over status. Admin. Law. When a public officer is placed on
hold-over status, it means that his term has expired or his services

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terminated but he should continue holding his office until his successor
is appointed or chosen and has qualified. [Blaquera v. CSC, GR 103121.
Sep. 10, 1993].
Holdup. The act of forcibly stopping and robbing. Robbery under threat
of violence or an armed robbery. An assault on a person for the
purpose of robbery. [Morenos Law Dict., 2000 Ed., p. 208].
Holistic test. The test in determining whether colorable imitation exists
which mandates that the entirety of the marks in question must be
considered in determining confusing similarity. In determining whether
the trademarks are confusingly similar, a comparison of the words is
not the only determinant factor. The trademarks in their entirety as
they appear in their respective labels or hang tags must also be
considered in relation to the goods to which they are attached. The
discerning eye of the observer must focus not only on the predominant
words but also on the other features appearing in both labels in order
that he may draw his conclusion whether one is confusingly similar to
the other. [Emerald Garment Mfg. Corp. v. CA, GR 100098. Dec. 29,
1995]. Compare with Dominancy test.
Holmes dictum. The power to tax is not the power to destroy while
the Supreme Court sits. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Marshall dictum. See Power to tax is
not the power to destroy.
Holographic will. Succ. 1. A will executed by the testator which must
be entirely written, dated, and signed by the hand of the testator
himself. It is subject to no other form, and may be made in or out of
the Philippines, and need not be witnessed. [Ajero v. CA, GR 106720.
Sep. 15, 1994; Art. 810, CC]. 2. A will written entirely in the testators
handwriting and not witnessed. [Duhaime's Legal Dict., 2004]. Compare
with Notarial will.
Holographic will, probate of. Succ. Issues to be resolved: (a)
Whether the instrument submitted is, indeed, the decedent's last will
and testament; (b) whether said will was executed in accordance with
the formalities prescribed by law; (c) whether the decedent had the
necessary testamentary capacity at the time the will was executed;
and, (d) whether the execution of the will and its signing were the
voluntary acts of the decedents. [Montanano v. Suesa, 14 Phil. 676
(1909)].

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Holy Qur'an. The Muslim Holy Scripture. [Sulu Islamic Assoc. of Masjid
Lambayong v. Malik, AM MTJ-92-691. Sep. 10, 1993].
Home care and medical rehabilitation services. Skilled nursing
care, which members get in their homes/clinics for the treatment of an
illness or injury that severely affects their activities or daily living. Home
care and medical rehabilitation services include hospice or palliative
care for people who are terminally ill but does not include custodial and
non-skilled personal care. [Sec. 1, RA 9241].
Home consumption value. The price of the same, like or similar
articles as bought and sold or offered for sale freely in the usual
wholesale quantities in the ordinary course of trade, in the principal
markets of the country from where exported on the date of exportation
to the Philippines. [Sec. 210, Tariff and Customs Code].
Home consumption value or price. The value or price declared in the
consular, commercial, trade or sales invoice, certified to as correct
under penalties of perjury by the Philippine consul at the port of origin
if there is any. [Sec. 1, PD 1358].
Homelot. The contiguous area where the tenant-farmer beneficiary has
established his permanent dwelling with the consent of the landowner,
including the areas utilized for raising vegetables, poultry, pigs and
other animals or for engaging in minor home industries. [Morenos Law
Dict., 2000 Ed., p. 210].
Home solicitation sale. Consumer sales or leases which are personally
solicited by any person or organization by telephone, person-to-person
contact or by written or printed communication other than general
advertising or consummated at the buyer's residence or a place of
business, at the seller's transient quarters, or away from a seller's
regular place of business. [Sec. 4, RA 7394].
Homestead. 1. The home, the house and the adjoining land where the
head of the family dwells; the home farm; the fixed residence of the
head of a family, with the land and buildings surrounding the main
house. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32,
citing Oliver v. Snowden, 18 Fla. 825, 43 Am. Rep. 338]. 2. An artificial
estate in land, devised to protect the possession and enjoyment of the
owner against the claims of his creditors, by withdrawing the property

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from execution and forced sale, so long as the land is occupied as a
home. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32,
citing Buckingham v. Buckingham, 8 Mich. 89 45 NW 504]. 3. It is
intended to give the homesteader every chance to preserve and keep
for himself and his family the land that the State had gratuitously
granted him as reward for his labor in clearing and cultivating it.
[Pascua v. Talens, 80 Phil. 972].
Homicidal impulse. Legal Med. An irresistible impulse to kill prompted
by an insane delusion either as a necessity of self-defense or avenging
for justice, or as to the patient himself thinking that he is the appointed
messiah of justice. [Olarte, Legal Med., 1st Ed. (2004), p. 151].
Homicide. Crim. Law. 1. The felony committed by any person who, not
falling within the provisions of Art. 246, shall kill another without the
attendance of any of the circumstances enumerated in Art. 248 of the
Rev. Penal Code. [Art. 249, RPC]. 2. All occasions where one human
being, by act or omission, takes away the life of another. [Duhaime's
Legal Dict., 2004].
Homicide. Crim. Law. Elements: (a) That a person was killed; (b) that
the accused killed him without any justifying circumstance; (c) that the
accused had the intention to kill, which is presumed; (d) that the killing
was not attended by any of the qualifying circumstances of murder, or
by that of parricide or infanticide. [People v. Rosales, GR 86390. June
30, 1993].
Homosexuals. Legal Med. Persons whose sexual desire is toward the
same sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113].
Honeste vivere. Lat. To live honorably. [In re: Jurado, AM 93-2-037 SC.
Apr. 6, 1995].
Honorarium. Something given not as a matter of obligation but in
appreciation for services rendered. [Santiago v. COA, GR 92284. July
12, 1991].
Hood. A covering usually of cloth or leather for the head and neck and
sometimes the shoulders that is attached to a garment or worn
separately and is made with a loose of close-fitting opening for the

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face. [People v. Almenario, GR 66420. Apr. 17, 1989, citing Webster's
3rd New Intl. Dict., 1971 Ed.]. Compare with Mask.
Hooking. An arrastre service which requires one person to perform the
routinary task of attaching the sling holding the prepared cargo to a
hook attached to a cable that would lift such cargo to the vessel.
Horizontal exit. Passageway from one building to another or through or
around a wall in approximately the same floor level. [Sec. 3, PD 1185].
Hose box. A box or cabinet where fire hoses, valves and other
equipment are stored and arranged for fire fighting. [Sec. 3, PD 1185].
Hose reel. A cylindrical device turning on an axis around which a fire
hose is wound and connected. [Sec. 3, PD 1185].
Hospital. 1. A facility devoted primarily to the diagnosis, treatment and
care of individuals suffering from illness, disease, injury or deformity, or
in need of obstetrical or other medical and nursing care. It shall also be
construed as any institution, building or place where there are facilities
and personnel for the continued and prolonged care of patients. [Sec.
2, RA 8344]. 2. Place devoted primarily to the maintenance and
operation of facilities for the diagnosis, treatment and care of
individuals suffering from illness, disease, injury or deformity, or in
need of obstetrical or other medical and nursing care. The term shall
also be construed as any institution, building or place where there are
installed beds, or cribs, or bassinets for twenty-four-hour use or longer
by patients in the treatment of diseases, diseased-conditions, injuries,
deformities, or abnormal physical and mental states, maternity cases,
and all institutions such as those for convalescence, senatorial or
sanitarial care, infirmities, nurseries, dispensaries and such other names
by which they may designated. [Sec. 2, RA 4226].
Hospital-based blood bank. A blood bank which is located within the
premises of a hospital and which can perform compatibility testing of
blood. [Sec. 3, RA 7719].
Hostile witness. A witness whose testimony is not favorable to the
party who calls him or her as a witness. A hostile witness may be asked
leading questions and may be cross-examined by the party who calls
him or her to the stand. [Glossary of Legal Terms (Pro-Se), 2004].

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Hotel. 1. A building where transient guests are received and are supplied
with and charged for meals, lodging and other services. [Sec. 63, PD
856]. 2. Any house or building or portion thereof in which any person
or persons may be regularly harbored or received as transient or
guests. A hotel shall be considered as living quarters and shall have the
privilege to accept any number of guests and to serve food to the
guests therein. [Sec. 1, PD 426]. Compare with Motel.
Hot pursuit. Intl. Law. The uninterrupted pursuit by a coastal state's
warships or military aircraft of a fleeing foreign ship from a coastal
state's internal waters, archipelagic waters, territorial sea, contiguous
zone, exclusive economic zone, or continental shelf onto the high seas
for the purpose of arresting it. The pursuit must be discontinued if the
fleeing ship enters its own or another state's territorial sea. [Intl. Law
Hot pursuit doctrine. Intl. Law. If an offense is committed by a foreign
merchant vessel within the territorial waters of the coastal state, its
own vessels may pursue the offending vessel into the open sea and
upon capture bring it back to its territory for punishment. However, to
be lawful, the pursuit must have begun before the offending vessel has
left the territorial waters, or the contiguous zone of the coastal state;
the pursuit must be continuous and unabated; and it ceases as soon as
the ship being pursued enters the territorial sea of its own, or a third
state. [Sandoval, Pol. Law Reviewer 2003].
Hours worked. Hours worked shall include (a) all time during which an
employee is required to be on duty or to be at a prescribed workplace,
and (b) all time during which an employee is suffered or permitted to
work. [Art. 84, LC].
Househelper. Synonymous to the Domestic servant. Any person,
whether male or female, who renders services in and about the
employer's home and which services are usually necessary or desirable
for the maintenance and enjoyment thereof, and ministers exclusively
to the personal comfort and enjoyment of the employer's family. [Apex
Mining Co., Inc. v. NLRC, GR 94951. Apr. 22, 1991].
Household. A non-seasonal dwelling capable of receiving service safely,
including apartments and other dwelling combinations. [Sec. 3, PD
269].

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House sewer. The pipe line conveying sewage from the house or
building to the septic tank or to any point of discharge. [Sec. 71, PD
856].
Housing Loan Condonation Act of 1998. RA 8501 entitled An Act to
rescue the national shelter program of the government by condoning
the penalties on all outstanding/delinquent housing loan accounts with
any of the government institutions and agencies involved in the
national shelter program and by amending Presidential Decree No.
1752, as amended enacted on Feb. 13, 1998.
Human development index (HDI). The measure of how well a
country has performed, based on social indicators of people's ability to
lead a long and healthy life, to acquire knowledge and skills, and to
have access to the resources needed to afford a decent standard of
living. This index looks at a minimum of three outcomes of
development: the state of health (measured by life expectancy at
birth), the level of knowledge and skill (measured by a weighted
average of adult literacy and enrollment rates), and the level of real
income per capita, adjusted for poverty considerations. [Sec. 3, RA
8425].
Human immunodeficiency virus (HIV). The virus which causes AIDS.
[Sec. 3, RA 8504].
Humanitarian doctrine. See Doctrine of last clear chance.
Humanitarian intervention. Intl. Law. Doctrine that allows one or
more states to use force to stop another state from mistreating its own
nationals when the actions of the state are so brutal and widespread as
to shock the conscience of the community of nations. [Intl. Law Dict. &
Direct., 2004].
Humanitarian rules. Rules that provide for the protection of
noncombatants and disabled or captured combatants. [Intl. Law Dict. &
Direct., 2004].
Human resources development. The process by which the actual and
potential labor force is made to systematically acquire greater
knowledge, skills or capabilities for the nation's sustained economic and
social growth. [Sec. 1, Rule 1, Book 2, IRR of LC].

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Human rights. 1. The universally accepted traits and attributes of an
individual, along with what is generally considered to be his inherent
and inalienable rights, encompassing almost all aspects of life. [Simon,
Jr. v. CHR, GR 100150. Jan. 5, 1994]. 2. Basic rights intended to
protect all people from cruel and inhumane treatment, threats to their
lives, and persecution. [Intl. Law Dict. & Direct., 2004].
Hurto. Sp. Theft. [US v. Montiel, GR L-2882. Jan. 2, 1907].
Hurto continuado. Sp. Continuing theft. [Morenos Law Dict., 2000 Ed.,
p. 212].
Husbanding agent. The general agent of the owner in relation to the
ship, with powers, among others, to engage the vessel for general
freight and the usual conditions, and settle for freight and adjust
averages with the merchant [CIR v. United States Line Co., GR
L-16850. May 30, 1962, citing Bouvier's Law Dict., p. 3064].
Hydrochloride. A compound of hydrochloric acid used with the names
of organic bases for convenience in naming salts, and to distinguish it
from chloride which is a compound of chlorine with another element or
radical. [People v. Angeles, GR 92850. June 15, 1992, citing Webster's
3rd New Intl. Dict. (1986), 1108].
Hydroelectric power. The electric power produced by utilizing the
kinetic energy of falling or running water to turn a turbine generator.
[Sec. 4, RA 7156].
Hymen. Legal Med. A thin vascular fold of mucous membrane which
varies in shape and thickness and presents a central opening which can
be stretched sufficiently to admit one examining finger without tearing.
[Olarte, Legal Med., 1st Ed. (2004), p. 124].
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,

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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,
Legal Med., 1st Ed. (2004), p. 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 condition resulting from the
situation. [Jurists Legal Dict., 2004].

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-IIAC. Intermediate Appellate Court.

IATA. International Air Transport Association.
Ibi quid generaliter conceditur; inest haec exceptio, si non
aliquid sit contra jus fasque. Lat. Where anything is granted
generally, this exception is implied; that nothing shall be contrary to
law and right. [Prov. of Cebu v. IAC, GR 72841. Jan. 29, 1987].
Ideal plurality. Also Concurso ideal. This occurs when a single act
gives rise to various infractions of law. This is illustrated by the very
article under consideration: (a) when a single act constitutes two or
more grave or less grave felonies (described as Delito compuesto or
Compound crime); and (b) when an offense is a necessary means for
committing another offense (described as Delito complejo or Complex
proper). [Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev.
Penal Code, Aquino, Vol. I 1961 ed., at 555-56].
Idem sonans rule. Elec. Law. An election rule which provides that a
name or surname incorrectly written which, when read, has a sound
similar to that name or surname of a candidate when correctly written
shall be counted in his favor. [Lontoc v. Pineda, GR L-37106. June 30,
1975].
Identification. Evid. Showing of proof that the document being
presented is the same one referred to by the witness in his testimony.
Identification of documentary evidence. Evid. Identification done in
the course of the trial and accompanied by the marking of the evidence
as an exhibit. [Interpacific Transit v. Aviles, GR 86062. June 6, 1990].
Compare with Formal offer of documentary evidence as an
exhibit.

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Identity of offenses. There is identity between the two offenses when
the evidence to support a conviction for one offense would be sufficient
to warrant a conviction for the other, or when the second offense is
exactly the same as the first, or when the second offense is an attempt
to commit or a frustration of, or when it necessarily includes or is
necessarily included in, the offense charged in the first information.
[Teehankee, Jr. v. Madayag, GR 103102. Mar. 6, 1992].
Identity of parties. This requirement is satisfied if the two actions are
substantially between the same parties which means that the parties in
both cases need not be physically identical provided that there is privity
between the parties or their successors in interest by title subsequent
to the commencement of the previous cause of action, litigating for the
same thing, title, or capacity. [Santos v. Gabriel, 45 SCRA 288; 295
(1972); 2 Martin, Rules of Court, 1973 Ed., p. 4233].
Idle land. Also Abandoned land. Any agricultural land not cultivated,
tilled or developed to produce any crop nor devoted to any specific
economic purpose continuously for a period of three (3) years
immediately prior to the receipt of notice of acquisition by the
government as provided under RA 6657, but does not include land that
has become permanently or regularly devoted to non-agricultural
purposes. It does not include land which has become unproductive by
reason of force majeure or any other fortuitous event, provided that
prior to such event, such land was previously used for agricultural or
other economic purpose. [Sec. 3, RA 6657].
Idle lands. 1. Non-agricultural lands urban and urbanized areas on
which no improvements, as herein defined, have been made by the
owner, as certified by the city, municipal or provincial assessor. [Sec. 3,
RA 7279]. 2. Lands not devoted directly to any crop or to any definite
economic purpose for at least one year prior to the notice of
expropriation except for reasons other than force majeure or any other
fortuitous event but used to be devoted or is suitable to such crop or is
contiguous to land devoted directly to any crop and does not include
land devoted permanently or regularly to other essential and more
productive purpose. [Sec. 166, RA 3844].
Ignominy. Crim. Law. An aggravating circumstance under Art. 14 (17)
of the Rev. Penal Code pertaining to the moral order which adds
disgrace and obloquy to the material injury caused by a crime. [US v.
Abaigar, 2 Phil. 417 (1903)].

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Ignorance. The want or absence of knowledge. [Blacks Law Dict., Abr.
5th Ed. (1983), 379].
Ignorance of fact. Want of knowledge of some fact or facts
constituting or relating to the subject matter at hand. [Blacks Law
Dict., Abr. 5th Ed. (1983), 379-380].
Ignorance of the law. Want of knowledge or acquaintance with the
laws of the land insofar as they apply to the act, relation, duty, or
matter under consideration. [Blacks Law Dict., Abr. 5th Ed. (1983),
379].
Ignorant. Unaware or uninformed. [Claridades, A., Compilation of
Notes, 2001-2006].
Ignorantia facti excusat, ignorantia juris non excusat. Lat.
Ignorance of fact excuses, ignorance of the law does not excuse.
Ignorantia juris quod quisque scire tenetur non excusat. Lat.
Ignorance of the law excuses no one. [Aurillo v. Francisco, 235 SCRA
283, 289, Aug. 12, 1994].
Ignorantia legis neminem excusat. Lat. Ignorance of the law
excuses no one from compliance therewith. [Art. 3, CC].
Ihram. The state of ritual consecration of a person while on pilgrimage
to Mecca. [Art. 7, PD 1083].
Illegal assemblies. Crim. Law. The felony committed by the organizers
or leaders of any meeting attended by armed persons for the purpose
of committing any of the crimes punishable under the REV. PENAL
CODE, or of any meeting in which the audience is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or
assault upon a person in authority or his agents. [Art. 146, RPC, as
Illegal associations. Crim. Law. The felony committed by the founders,
directors, and presidents of associations totally or partially organized
for the purpose of committing any of the crimes punishable under the

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Rev. Penal Code or for some purpose contrary to public morals. [Art.
147, RPC, as reinstated by EO 187].
Illegal betting on horse race. Crim. Law. The felony committed by
any person who, except during the period allowed by law, shall be on
horse races, or by any person who, under the same circumstances,
shall maintain or employ a totalizer or other device or scheme for
betting on horse races or realizing any profit therefrom. [Art. 198,
RPC].
Illegal cockfighting. Crim. Law. The felony committed by: 1. any
person who directly or indirectly participates in cockfights, by betting
money or other valuable things, or who organizes cockfights at which
bets are made, on a day other than those permitted by law; or 2. any
person who directly or indirectly participates in cockfights, at a place
other than a licensed cockpit. [Art. 199, RPC].
Illegal detainer. It consists in withholding by a person from another of
the possession of a land or building to which the latter is entitled after
the expiration or termination of the former's right to hold possession by
virtue of a contract, express or implied. [De Leon v. CA, GR 96107.
June 19, 1995]. Also known as Unlawful detainer.
Illegal detention. The deprivation by a private person of the liberty of
another without any legal ground. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed., p. 323]. Compare with Arbitrary detention.
Illegal detention. Elements, as defined in Art. 267 of the Rev. Penal
Code: (a) That the offender is a private individual; (b) that he kidnaps
or detains another, or in any other manner deprives the latter of his
liberty; (c) that the act of detention or kidnapping must be illegal; and
(d) in the commission of the offense, any of the following
circumstances is present: (1) that the kidnapping or detention last for
more than 5 days; or (2) that it is committed simulating public
authority; or (3) that any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made; or (4)
that the person kidnapped or detained is a minor, female, or a public
officer. [People v. Mercado, GR L-65152. Aug. 30, 1984, citing Reyes,
Rev. Penal Code (1975) Rev. Ed., Book II, p. 468].
Illegal fishing. The act of catching, taking or gathering, or causing to
be caught, taken or gathered fish or fishery/aquatic products in

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Philippine waters with the use of explosives, obnoxious or poisonous
substance, or by the use of electricity. [Sec. 33, PD 704, as amended
by PD 1058].
Illegal numbers game. Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots. [Sec.
2, RA 9287].
Illegal possession and use of false treasury or bank notes and
other instruments of credit. Crim. Law. The felony committed by
any person who shall knowingly use or have in his possession, with
intent to use any of the false or falsified instruments referred to in this
Sec. 2, Chap. 1, Title 4 of the Rev. Penal Code, shall suffer the penalty
next lower in degree than that prescribed in said articles. [Art. 168,
RPC].
Illegal possession and use of false treasury or bank notes and
other instruments of credit. Crim. Law. Elements: (a) Possession
with guilty knowledge that the checks were falsified (animus
possidendi); and (b) fraudulent intent to use or utter the same. [Reyes
v. CA, GR 36391-92. Mar. 9, 1989, citing Art. 168, RPC].
Illegal possession of firearms. Crim. Law. Elements: (a) the existence
of the subject firearm and (b) the fact that the accused who owned or
possessed it does not have the corresponding license or permit to
possess the same. [People v. Solayao, GR 119220, Sep. 20, 1996].
Illegal possession of opium pipe or other paraphernalia for the
use of any prohibited drug. Crim. Law. The felony committed by
any person who, not being authorized by law, shall possess any opium
pipe or other paraphernalia for smoking, injecting, administering or
using opium or any prohibited drug. [Art. 193, RPC].
Illegal possession of prohibited drugs. Crim. Law. Elements: (a) The
occupancy or taking of prohibited drugs; and (b) the intent to possess
the same. [Morenos Law Dict., 2000 Ed., p. 215].
Illegal possession of prohibited drugs. Crim. Law. Requisites: (a)
The accused was found in possession of a prohibited drug; and (b) he
was not authorized by law to possess the same. [Morenos Law Dict.,
2000 Ed., p. 215].

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Illegal recruitment. Any recruitment activities, including the prohibited
practices enumerated under Art. 34 of the Labor Code, to be
undertaken by non-licensees or non-holders of authority. [Art. 38, LC].
Illegal recruitment. Elements: (a) The person charged with the crime
must have undertaken recruitment activities (or any of the activities
enumerated in Art. 34 of the Labor Code, as amended); and (b) said
person does not have a license or authority to do so. [People v.
Cabacang, GR 113917. July 17, 1995].
Illegal recruitment by a syndicate. Recruitment unlawfully carried
out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any unlawful or illegal
transaction, enterprise or scheme defined under the Labor Code.
[People v. Taguba, GR 95207-17. Jan. 10, 1994, citing PD 2018].
Illegal recruitment in large scale. Recruitment unlawfully committed
against three (3) or more persons individually or as a group. [People v.
Taguba, GR 95207-17. Jan. 10, 1994, citing PD 2018].
Illegal recruitment in large scale. Elements: (a) That the offender
engages in the recruitment and placement of workers as defined in Art.
13(b) of the Labor Code or in any prohibited activities under Art. 34 of
the same Code; (b) that the offender does not have a license or
authority to recruit and deploy workers, either locally or overseas; and
(c) that the offender commits the same against three (3) or more
persons, individually or as a group. [People v. Bautista, GR 113547,
Feb. 9, 1995, 241 SCRA 216; People v. Coronacion, GR 97845, Sep. 29,
1994, 237 SCRA 227].
Illegal sale of dangerous drugs. Elements: (a) Identity of the buyer
and the seller, the object, and consideration; and (b) the delivery of the
thing sold and the payment therefor. [People v. Zervoulakos, GR
103975. Feb. 23, 1995].
Illegal sale of drug. A crime committed as soon as the sale transaction
is consummated, whether payment precedes or follows delivery of the
drug sold. [People v. Ponsica, GR 108176. Feb. 14, 1994].
Illegal sale of marijuana. Elements: (a) the identity of the buyer and
the seller, the object, and consideration; and (b) the delivery of the

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520
thing sold and the payment therefor. [People v. Esguerra, 221 SCRA
261 (1993); People v. Rumeral, 200 SCRA 194 (1991)].
Illegal trading in petroleum and/or petroleum products. The sale
or distribution of petroleum products for profit without license or
authority from the Government; non-issuance of receipts by licensed
traders; misrepresentation as to quality and/or quantity; and sale by oil
companies, distributors and/or dealers violative of government rules
and regulations. [Sec. 3, BP 33].
Illegal trafficking. The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of any dangerous
drug and/or controlled precursor and essential chemical. [Sec 3, RA
9165].
Illegal use of public funds or property. Crim. Law. The felony
committed by any public officer who shall apply any public fund or
property under his administration to any public use other than for
which such fund or property were appropriated by law or ordinance.
[Art. 220, RPC].
Illegal use of uniforms or insignia. Crim. Law. The felony committed
by any person who shall publicly and improperly make use of insignia,
uniforms or dress pertaining to an office not held by such person or to
a class of persons of which he is not a member. [Art. 179, RPC].
Illegitimate children. 1. Children conceived and born outside a valid
marriage, unless otherwise provided in the Family Code. [Art. 165, FC].
2. Children born of void marriages under Arts. 35, 37 and 38 of the
Family Code. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 197].
Compare with Legitimate children.
Ill-gotten. Acquired through or as a result of improper or illegal use of
or the conversion of funds belonging to the Government or any of its
branches, instrumentalities, enterprises, banks or financial institutions,
or by taking undue advantage of official position, authority,
relationship, connection or influence, resulting in unjust enrichment of
the ostensible owner and grave damage and prejudice to the State.
[Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987].

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Ill-gotten property. Property acquired through or as a result of
improper or illegal use of or the conversion of funds belonging to the
Government or any of its branches, instrumentalities, enterprises,
banks or financial institutions, or by taking undue advantage of official
position, authority, relationship, connection or influence, resulting in
unjust enrichment of the ostensible owner and grave damage and
prejudice to the State. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR
75885. May 27, 1987].
Ill-gotten wealth. Any asset, property, business enterprise or material
possession of any person acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates
by any combination or series of the following means or similar
schemes: (a) through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury; (b) by
receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person
and/or entity in connection with any government contract or project or
by reason of the office or position of the public officer concerned; (c)
by the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its subdivisions,
agencies or instrumentalities or government-owned or -controlled
corporations and their subsidiaries; (d) by obtaining, receiving or
accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including promise of future employment
in any business enterprise or undertaking; (e) by establishing
agricultural, industrial or commercial monopolies or other combinations
and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or (f) by taking undue advantage
of official position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the Republic of the
Philippines. [Sec. 1, RA 7080].
Illiteracy. Lack of instruction and low intelligence. [Suarez, Intro. to
Law, 1995 3rd Ed., p. 193].
Illusion. Legal Med. A false interpretation of an external stimulus.
[Olarte, Legal Med., 1st Ed. (2004), p. 146]. Compare with
Hallucination.
Imam. See Mohammedan Imam.

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Imbecile. A mentally defective person of the second lowest order of
intellectual potential (mental age between 3 and 7 years), usually
requiring custodial and complete protective care. [People v. Race, GR
93143. Aug. 4, 1992, citing Miller & Keane, Encyc. & Dict. of Medicine &
Nursing, 1972, p. 470].
Imbecility. A form of mental disease consisting in mental deficiency
either congenital or resulting from an obstacle to the development of
the faculties supervening in infancy. [People v. Race, GR 93143. Aug. 4,
1992].
Immaterial. Not material, essential, or necessary; not important or
pertinent; not decisive; of no substantial consequence; without weight;
of no material significance. [Blacks Law Dict., Abr. 5th Ed. (1983),
381].
Immaterial evidence. Evidence which lacks probative weight and is
unlikely to influence the tribunal in resolving the issue before it. Such
evidence is commonly objected to by opposing counsel, and disallowed
by the court. [Blacks Law Dict., Abr. 5th Ed. (1983), 381].
Immaterial fact. An offered evidential fact which is excluded by some
rules of evidence, no matter what the rule. [Francisco, Evidence, Vol.
VII, Part 1, 1997 Ed., p. 7].
Immediate accountability. The accountability of a person in
possession of or having custody of supplies or property. [IRR on Supply
& Prop. Mgt., per Sec. 383, LGC].
Immediate cause. The cause of consideration nearest to the time and
place of injury. [Morenos Law Dict., 2000 Ed., p. 217].
Immediate container. The container or package which is immediately
after or near the substance but does not include package liners. [Art. 4,
RA 7394].
Immediate farm household. The members of the family of the lessee
or lessor and other persons who are dependent upon him for support
and who usually help him in his activities. [Sec. 166, RA 3844].

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Immediately. Without interval of time; without delay. [Juan v. Musgi,
GR L-76053. Oct. 27, 1987, citing Webster's 3rd New Intl. Dict.].
Immediate members of family of the lessee or lessor. For
purposes of repossessing the leased promises, the spouse, direct
descendants or ascendants, by consanguinity or affinity, of the lessee
or lessor. [Sec.4, RA 9161].
Immediate provocation. Absence of interval of time between the
provocation and the commission of the crime. [Morenos Law Dict.,
2000 Ed., p. 217].
Immediate supervisor. One who occupies the first level of supervision
over a subordinate and who assigns, directs, supervises and reviews
the work of the latter. [Sec. 3, PD 985].
Immediate vindication of a grave offense. An act committed in the
immediate vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, descendants, legitimate,
natural, or adopted brothers or sisters, or relatives by affinity within the
same degree. [People v. Capalac, GR L-38297. Oct. 23, 1982, citing Art.
RPC].
Immemorial. Beyond the reach of memory, beyond human memory, or
time out of mind. [Dir. of Lands v. Buyco, GR 91189. Nov. 27, 1992].
Immemorial possession. It means possession of which no man living
has seen the beginning, and the existence of which he has learned
from his elders. [Susi v. Razon, 48 Phil. 424 (1925), citing Art. 766 of
the Civil Code of Louisiana].
Immigrant. 1. Any alien departing from any place outside the
Philippines destined for the Philippines, other than a nonimmigrant.
[Sec. 50 (j), CA 613]. 2. An alien who comes to this country either to
reside permanently or for a limited duration. [Chang Yung Fa v.
Gianzon, GR L-7785. Nov. 25, 1955].
Immigrants. 1. A person who moves into a country for the purpose of
permanent residence. [Cascante v. Comelec, GR 88831. Nov. 8, 1990].
2. Persons who come into a foreign country or region to live. [Glossary

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Immigration. 1. The removing into one place from another; the act of
immigrating, the entering into a country with the intention of residing in
it. [Cascante v. Comelec, GR 88831. Nov. 8, 1990]. 2. The entry of
foreign persons into a country to live permanently. [Glossary of Legal
Imminently hazardous product. A consumer product which presents
an unreasonable risk of death, serious illness or severe personal injury.
[Art. 4, RA 7394].
Imminent unlawful aggression. Crim. Law. An attack that is
impending or at the point of happening. It must not consist in mere
threatening attitude nor must it be merely imaginary. The intimidating
attitude must be offensive and positively strong, for example, aiming a
revolver at another with intent to shoot him, or opening a knife and
making a motion as if to attack. [Morenos Law Dict., 2000 Ed., p. 218].
Immoral conduct. That conduct which is so willful, flagrant, or
shameless as to show indifference to the opinion of good and
respectable members of the community. [Phil. Law Dict., 3rd Ed., p.
447, citing Arciga v. Maniwang, 106 SCRA 594, Aug. 14, 1981].
Immoral doctrines. Crim. Law. The felony committed by those who
shall publicly expound or proclaim doctrines openly contrary to public
morals. [Art. 201, RPC].
Immorality. Conduct inconsistent with rectitude, or indicative of
corruption, indecency, depravity, and dissoluteness; or is willful,
flagrant, or shameless conduct showing moral indifference to opinions
of respectable members of the community, and as an inconsiderate
attitude toward good order and public welfare. [Alfonso v. Juanson, AM
RTJ-92-904. Dec. 7, 1993, citing Black's Law Dict., 6th Ed., 1990, 751].
Immovable. Property. Object which can be moved from place to place
without injury. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
12].
Immovable property. The following are immovable property: (a) Land,
buildings, roads and constructions of all kinds adhered to the soil; (b)
trees, plants, and growing fruits, while they are attached to the land or
form an integral part of an immovable; (c) everything attached to an
immovable in a fixed manner, in such a way that it cannot be separated

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525
therefrom without breaking the material or deterioration of the object;
(d) statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on lands by the owner of the immovable in such a
manner that it reveals the intention to attach them permanently to the
tenements; (e) machinery, receptacles, instruments or implements
intended by the owner of the tenement for an industry or works which
may be carried on in a building or on a piece of land, and which tend
directly to meet the needs of the said industry or works; (f) animal
houses, pigeon-houses, beehives, fish ponds or breeding places of
similar nature, in case their owner has placed them or preserves them
with the intention to have them permanently attached to the land, and
forming a permanent part of it; the animals in these places are
included; (g) fertilizer actually used on a piece of land; (h) mines,
quarries, and slag dumps, while the matter thereof forms part of the
bed, and waters either running or stagnant; (i) docks and structures
which, though floating, are intended by their nature and object to
remain at a fixed place on a river, lake, or coast; (j) contracts for public
works, and servitudes and other real rights over immovable property.
[Art. 415, CC].
Immovables by analogy or law. Property. Those mentioned in par.
10, of Art. 415 of the Civil Code, viz: contracts for public works, and
servitudes and other real rights over immovable property. [Tolentino,
Civil Code of the Phil., Vol. II, Repr. 2001, p. 13].
Immovables by destination. Property. Those which are essentially
movables, but by the purpose for which they have been placed in an
immovable, partake of the nature of the latter because of the added
utility derived therefrom, such as those mentioned in pars. 4, 5, 6, 7,
and 9 of Art. 415 of the Civil Code. [Tolentino, Civil Code of the Phil.,
Vol. II, Repr. 2001, p. 13].
Immovables by incorporation. Property. Those which are essentially
movables, but are attached to an immovable in such manner as to be
an integral part thereof, such as the things (except lands, buildings,
and roads) mentioned in pars. 1, 2, 3, 4 and 6 of Art. 415 of the Civil
Code. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 13].
Immovables by nature. Property. Those which cannot be moved from
place to place, such as land, mentioned in par. 1, and mines, quarries,
and slag dumps, mentioned in par. 8 of Art. 415 of the Civil Code.
[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 13].

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Immunity. 1. An exemption that a person (individual or corporate)
enjoys from the normal operation of the law such as a legal duty or
liability, either criminal or civil. [Duhaime's Legal Dict., 2004]. 2. Grant
by the court, which assures someone will not face prosecution in return
for providing criminal evidence. [Glossary of Legal Terms (Pro-Se),
2004].
Immunity of state from suit. One of the universally recognized
principles in international law which is commonly understood as an
exemption of the state and its organs from the judicial jurisdiction of
another state. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994, citing
Henkin, Pugh, Schachter, Smit, Intl. Law, Cases and Materials, 2nd Ed.,
p. 898].
Immutability of a final and executory judgment rule. 1. A rule
that after judgment has become final, no additions can be made
thereto, and nothing can be done therewith except its execution;
otherwise, there would be no end to litigations, thus setting at naught
the main role of courts of justice, which is to assist in the enforcement
of the rule of law and the maintenance of peace and order by settling
justiciable controversies with finality. [Javier v. CA, GR 100777. July 21,
1993]. 2. The absolute rule that after a judgment becomes final, by the
expiration of the period provided by the rules within which it so
becomes, no further amendment or correction can be made by the
court except for clerical errors or mistakes. [Marasigan v. Ronquillo, GR
L-5810, Jan. 18, 1954, 94 Phil 237].
Immutability of status doctrine. The theory that the status of a child,
i.e., his legitimacy, etc. is not affected by any subsequent change in the
nationality of the parents. However, the national law of the parents will
be changed should they effect a change of nationality: the rights and
obligations of parents and child will now be determined by the new
national law. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 306].
Impact of taxation. That point on which a tax is originally imposed.
[De Leon, Fundamentals of Taxation, 2000 Ed., p. 53].
Impairment. Any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function. [Sec. 4, RA 7277].

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Impairment of obligation of contract. 1. This occurs when the terms
or conditions of a contract are changed by law or by a party without
the consent of the other, thereby weakening the position or rights of
the latter. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 35, citing
Edwards v. Kearney, 96 US 607]. 2. In general, any enactment of a
legislative character which attempts to take from a party a right to
which he is entitled by its terms, or which deprives him of the means of
enforcing such a right. But it may be said in general that a law which
does not strike at the vitality of a contract either by altering its terms or
preventing its preservation and enforcement does not impair its
obligation. [Govt. of the Phil. V. Visayan Surety, GR 46193. Oct. 10,
1938, citing 12 CJ, 1056].
Impasse. Within the meaning of the labor laws, the word presupposes
reasonable effort at good faith bargaining which, despite noble
intentions, does not conclude in agreement between the parties.
[Divine Word Univ. of Tacloban v. Sec. of Labor and Employment, GR
91915. Sep. 11, 1992, citing NLRB v. Bancroft, 635 F.2d 492 (1981)].
Impeach. To discredit the witnesss testimony. [Herrera, Remedial Law,
Vol. VI, 1999 Ed., p. 208].
Impeachment. A criminal proceeding against a public official. [Glossary
Impeachment of a witness. An attack on the credibility (believability)
of a witness, through evidence introduced for that purpose. [Glossary
Imperfect disinheritance. See Ineffective disinheritance.
Imperium. Lat. 1. The government authority possessed by the State.
[Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385,
Dec. 6, 2000]. 2. The authority possessed by the state embraced in the
concept of sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p.
29]. Compare with Dominium.
Implement. From the Latin word "implementum. To fill up or to
complete. Its meaning includes an "article, as of apparel or furniture,
serving to equip." [Belen v. De Leon, GR L-16412. Nov. 30, 1962, citing
Webster, Intl. Dict.].

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Implication doctrine. See Doctrine of implication.
Implied acceptance. Sales. Acceptance of the goods is impliedly made
by the buyer when he intimates to the seller that he has accepted
them, or when the goods have been delivered to him, and he does any
act in relation to them which is inconsistent with the ownership of the
seller, or when, after the lapse of a reasonable time, he retains the
goods without intimating to the seller that he has rejected them. [Art.
1585, CC].
Implied acceptance of services. The acceptance by a person of
services without first repudiating the express terms and conditions
upon which those services are rendered which is held to be an
acceptance of such services under an implied contract to pay therefor
the amount stipulated by the other party at the time when they were
rendered. [Sellner v. Conzales, GR 8415. Dec. 18, 1914].
Implied agency. Agency implied from the acts of the principal, from his
silence or lack of action, or his failure to repudiate the agency, knowing
that another person is acting on his behalf without authority. [Art.
1869, CC].
Implied consent. Pol. Law. The consent of the state to be sued implied
from the very act of entering into a contract, because by entering into
such contract the sovereign state has descended to the level of the
citizen. [Santos v. Santos, GR L-4699. Nov. 26, 1952]. Compare with
Express consent.
Implied conspiracy. A conspiracy which may be inferred though no
actual meeting among them to concert means is proved, if it is proved
that two or more persons aimed by their acts towards the
accomplishment of the same unlawful object, each doing a part so that
their acts, though apparently independent were in fact connected and
cooperative, indicating closeness of personal association and
concurrence of sentiment. [Orodio v. CA, Sep. 13, 1988, GR 57519].
Implied contract. A contract not created or evidenced by the explicit
agreement of the parties but one inferred by law; as the use of electric
power in ones home implies a contract with the light company.

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Implied municipal liability. This doctrine which applies to all cases
where money or other property of a party is received under such
circumstances that the general law, independent of express contract
implies an obligation upon the municipality to do justice with respect to
the same. [38 Am. Jur. Sec. 515, p. 193].
Implied novation. A novation arising from incompatibility of the old
and new obligations, (which) change must refer to the object, the
cause, or the principal conditions of the obligation. [Young v. CA, GR
83271. May 8, 1991].
Implied pardon. There is implied pardon when the offended party
continued to live with his spouse even after the commission of the
offense. However such consent or pardon cannot be implied when the
offended party allows his wife to continue living in the conjugal home
after her arrest only in order to take care of their children. [Ligtas v.
CA, GR L-47498. May 7, 1987, citing People v. Boca (CA) O.G. 2248].
Compare with Express pardon.
Implied permission. Ins. In contemplation of a car insurance policy,
any act done consistent with the risk insured against and which,
although done without the prior express consent or permission of the
owner, would have been permitted had the car owner known about it.
Implied powers doctrine. Doctrine that holds that, in determining the
rights and duties possessed by an organization, a court must look to
the purposes and functions specified in its charter and developed in
practice. [Intl. Law Dict. & Direct., 2004].
Implied ratification. See Tacit ratification.
Implied repeal. Stat. Con. Where there is irreconcilable repugnance
between two legal provisions, there is an implied repeal of the first
statute because the inconsistency between the two laws is so clear and
definite that one cannot stand together with the other. [Garcia v. Mata,
GR L-33713. July 30, 1975]. Compared with Express repeal.
Implied trust. Also Resulting trust. Requisites: (a) That two or more
persons agree to purchase a property and (b) that they consent that
one should take the title in his name for everyone's benefit. [Nito v. CA,
GR 102657. Aug. 9, 1993].

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Implied trusts. 1. Trusts that come into being by operation of law. [Art.
1441, CC]. 2. Those trusts which, without being express, are deducible
from the nature of the transaction as matters of intent, or which are
superinduced on the transaction by operation of law as matters of
equity, independently of the particular intention of the parties. [O'laco
v. Co Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Express
trusts.
Implied warranties. Mar. Ins. The following warranties are implied in
marine insurance: (a) That the ship is seaworthy to make the voyage
and/or to take in certain cargoes; (b) that the ship shall not deviate
from the voyage insured; (c) that the ship shall carry the necessary
documents to show nationality or neutrality and that it will not carry
documents which will cast reasonable suspicion thereon; (d) that the
ship shall not carry contraband, especially if it is making a voyage
through belligerent waters. [Suggested Answer for the 2000 Bar, UPLC,
(2002), p. 8].
Implied warranty as to quality or fitness. Sales. The warranty
implying that the goods shall be reasonably fit for such purpose in case
the buyer, expressly or by implication, makes known to the seller the
particular purpose for which the goods are acquired, and it appears
that the buyer relies on the seller's skill or judgment (whether he be the
grower or manufacturer or not). [Art. 1562, CC].
Implied warranty of merchantability. Sales. The warranty implying
that the goods shall be of merchantable quality in case the goods are
brought by description from a seller who deals in goods of that
description (whether he be the grower or manufacturer or not). [Art.
1562, CC].
Implied warranty of seaworthiness. Mar. Ins. A warranty in every
marine insurance upon a ship or freight, or freightage, or upon any
thing which is the subject of marine insurance, implying that the ship is
seaworthy. [Sec. 113, IC].
Implied warranty of title. A covenant for quiet enjoyment. [Morenos
Law Dict., 2000 Ed., p. 220].
Import. 1. To bring into the Philippines by sea, land or air. [Sec. 6, EO
175, May 22, 1987]. 2. To bring in with intent to land. [Lichauco &

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531
Company v. Apostol, GR 19628. Dec. 4, 1922, citing Words and
Phrases, Vol. IV, p. 3438].
Important cultural properties. Cultural properties which have been
singled out from among the innumerable cultural properties as having
exceptional historical and cultural significance to the Philippines but are
not sufficiently outstanding to merit the classification of national
cultural treasures. [Joya v. PCGG, GR 96541. Aug. 24, 1993, citing Sec.
2(b), RA 4846, as amended].
Importation. 1. The direct purchase, lease or charter of newly
constructed or previously owned ships, or the purchase of ship's spare
parts from foreign sources or from registered enterprises operating in
special economic zones as this terms is defined in RA 7916 entitled, The
Special Economic Zone Act of 1995. [Sec. 3, RA 9295]. 2. Bringing into
some port, harbor, or haven, with an intent to land the goods there. It
takes place when the vessel arrives at a port of entry, intending there
to discharge her cargo. [Lichauco & Company v. Apostol, GR 19628.
Dec. 4, 1922, citing Words and Phrases, Vol. IV, p. 3438].
Importation and disposition of falsely marked articles or
merchandise made of gold, silver, or other precious metals or
their alloys. Crim. Law. The felony committed by any person who
shall knowingly import or sell or dispose of any article or merchandise
made of gold, silver, or other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate the actual fineness or
quality of said metals or alloys. [Art. 187, RPC].
Importation and sale of prohibited drugs. Crim. Law. The felony
committed by any person who shall import or bring into the Philippines
any prohibited drug, or by any person who shall unlawfully sell or
deliver to another prohibited drug. [Art. 192, RPC].
Importation, sale and possession of lottery tickets or
advertisements. Crim. Law. The felony committed by any person who
shall import into the Philippine Islands from any foreign place or port
any lottery ticket or advertisement or, in connivance with the importer,
shall sell or distribute the same, or any person who shall knowingly and
with intent to use them, have in his possession lottery tickets or
advertisements, or shall sell or distribute the same without connivance
with the importer of the same. [Art. 196, RPC].

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Import permit. A permit authorizing an individual to bring in wildlife
from another country. [Sec. 5, RA 9147].
Import quota. The total value of any item of import allowed for entry
into the Philippines for any specified period. [Sec. 1, RA 426].
Impossibility of performance. Legal or physical impossibility of
performing an obligation to do without the debtors fault (and which)
extinguishes the obligation. [Ancheta, The Law on Obligations and
Contracts, Rev. Ed., p. 98].
Impossibilium nulla obligatio est. Lat. There is no obligation to do
impossible things. [Lim Co Chui v. Posadas, 47 Phil., pp. 462, 463].
Impossible condition. 1. A condition which is not capable of
fulfillment, legally or physically. [Diaz, Bus. Law Rev., 1991 Ed., p.
10-11]. 2. A condition that is not possible of realization because it is
contrary to either physical, juridical or moral laws. [Jurado, Comments
& Jurisp. on Succession, 1991 8th Ed., p. 211].
Impossible crime. 1. An act which would be an offense against persons
or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means. [Art. 4, RPC]. 2. An offense by which the person
intending to commit it has already performed the acts for the execution
of the same but nevertheless the crime was not produced by reason of
the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are
essentially inadequate to produce the result desired by him. [Art. 59,
RPC].
Impost. The term also signifies any tax, tribute or duty, but it is seldom
applied to any but the indirect taxes. [Garcia v. Exec. Sec., GR 101273.
July 3, 1992, citing Cooley, on Taxation, p. 3].
Impotence. 1. The physical incapability of a contracting party of
consummating a marriage. [Nolledo, The Fam. Code of the Phil.
Annotated. 2000 Rev. Ed., p. 79]. 2. The inability of the male organ to
copulation, to perform its proper function. [Macadangdang v. CA, GR
L-49542. Sep. 12, 1980, citing Bouvier's Law Dict., p. 514]. See
Erectile Dysfunction.

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Impotency. The physical inability to have sexual intercourse. [Menciano
v. San Jose (89 Phil. 63)]. It is not synonymous with sterility. Sterility
refers to the inability to procreate, whereas, impotence refers to the
physical inability to perform the act of sexual intercourse.
[Macadangdang v. CA, GR L-49542. Sep. 12, 1980].
Impotentia coeundi. Lat. Inability to do the sexual act. [People v.
Olmedillo, GR L-42660. Aug. 30, 1982].
Impotentia erigendi. Lat. Inability to have an erection. [People v.
Olmedillo, GR L-42660. Aug. 30, 1982].
Impotentia excusat legem. Lat. Impossibility dispenses with law.
Impoundment. The refusal by the President, for whatever reason, to
spend funds made available by Congress. It is the failure to spend or
obligate budget authority of any type [Phil. Const. Assoc. v. Enriquez,
GR 113105. Aug. 19, 1994, citing Impoundment of Funds, 86 Harvard
Law Review 1505 (1973)].
Imprisonment for life. It is not the same as "life imprisonment." For
one thing, the proper penalty is "life imprisonment." And secondly, the
impression created when the phrase "imprisonment for life" is used is
that the convict will stay in prison for the rest of his natural life. The
proper penalty is "life imprisonment. [People v. Lucero, GR 84656. Jan.
4, 1994].
Improbable evidence. Evidence which imputes to the parties to a
transaction occurring in the ordinary course of business, conduct
inconsistent with the principles by which men, similarly situated, are
usually governed. [Morenos Law Dict., 2000 Ed., p. 221].
Improperly accumulated taxable income. Taxable income adjusted
by: (a) income exempt from tax; (b) income excluded from gross
income; (c) income subject to final tax; and (d) the amount of net
operating loss carry-over deducted; and reduced by the sum of: (a)
dividends actually or constructively paid; and (b) income tax paid for
the taxable year. [Sec. 27, NIRC, as amended].
Improvement. A valuable addition made to property or an amelioration
in its condition amounting to more than mere repairs intended to

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534
enhance its value, beauty or utility or to adopt it for new or further
purposes. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Improvements. 1. All types of buildings and residential units, walls,
fences, structures or constructions of all kinds of a fixed character or
which are adhered to the soil but shall not include trees, plants and
growing fruits, and other fixtures that are mere superimpositions on the
land, and the value of improvements shall not be less than fifty percent
(50%) of the assessed value of the property. [Sec. 3, RA 7279]. 2. A
valuable addition made to property or an amelioration in its condition,
amounting to more than more repairs or replacement of waste, costing
labor or capital, and intended to enhance its value, beauty or utility or
to adapt it for new or further purposes. [Sec. 3, PD 464].
Imprudence and negligence. Crim. Law. The felony committed by any
person who, by reckless imprudence, shall commit any act which, had it
been intentional, would constitute a grave felony, or would have
constituted a less grave felony or a light felony, or by any person who,
by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, or would have constituted a less
serious felony, or when the execution of the act covered by Art. 365 of
the Rev. Penal Code shall have only resulted in damage to the property
of another, or by any person who, by simple imprudence or negligence,
shall cause some wrong which, if done maliciously, would have
constituted a light felony. [Art. 365, RPC].
Impulse. Also Compulsion. Legal Med. A sudden and irresistible force
compelling a person to the conscious performance of some action
without motive or forethought. [Olarte, Legal Med., 1st Ed. (2004), pp.
150-151].
Impulse of an uncontrollable fear of an equal or greater injury.
The duress, force, fear or intimidation that must be present, imminent
and impending and of such a nature as to induce a well-grounded
apprehension of death or serious bodily harm if the act is not done. A
threat of future injury is not enough. The compulsion must be of such a
character as to leave no opportunity to the accused for escape or
self-defense in equal combat. [People v. Loreno (130 SCRA 311)].
Impuris manibus nemo accedat curiam. Lat. Let no one come to
court with unclean hands. [Morenos Law Dict., 2000 Ed., p. 222].

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Imputation. Succ. A mathematical process of determining whether the
value of donation can be contained in the legitime or disposable
portion, as the case may be, or not. Its purpose is to determine
whether the donation is inofficious or not. [Jurado, Comments & Jurisp.
on Succession, 1991 8th Ed., p. 317].
Impute. From Lat. imputare: to charge. To attribute something done by
one person, as a crime or a fault, to another. [Intl. Law Dict. & Direct.,
2004].
Imputed negligence doctrine. See Vicarious liability doctrine.
Inadequate judgment. See Incomplete judgment.
Inadmissible. That which, under the rules of evidence, cannot be
admitted or received as evidence. [Glossary of Legal Terms (Pro-Se),
2004].
In any manner contravene the tenor of the obligation. The phrase
in Art. 1170 of the Civil Code, includes any illicit task which impairs the
strict and faithful fulfillment of the obligation, or every kind of defective
performance. [Arrieta v. Natl. Rice and Corn Corp., GR L-15645. Jan.
31, 1964].
Incapacity. 1. The lack of physical or intellectual power or of natural or
legal qualification. [Luciano v. Prov. Governor, GR L-30306. June 20,
1969, citing Webster's 3rd New Intl. Dict., 1964 Ed., p. 1141]. 2. Lack
of legal ability to act; disability, incompetence; lack of adequate power.
Incarceration. Imprisonment in a jail or penitentiary. [Glossary of Legal
Incest. Legal Med. Sexual relations between persons who are relatives
by blood. [Olarte, Legal Med., 1st Ed. (2004), p. 114].
Incestuous marriages. Marriages between the following are incestuous
and void from the beginning, whether relationship between the parties
be legitimate or illegitimate: (a) between ascendants and descendants
of any degree; and (b) between brothers and sisters, whether of the
full or half blood. [Art. 37, FC].

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Incet ipsa per se aequitas. Lat. Equity shines by her own right.
Inchamaree clause. Mar. Ins. A clause which makes the insurer liable
for loss or damage to the hull or machinery arising from the (a)
negligence of the captain, engineers, etc.; (b) explosions, breakage of
shafts; and (c) latent defect of machinery or hull.
Inchoate. From Lat. inchoare: to start work on. Begun, but not
completed; imperfectly formed or developed. [Intl. Law Dict. & Direct.,
2004].
Incidence of taxation. That point on which the tax burden finally rests
or settles down. It takes place when shifting has been effected from
the statutory taxpayer to another or someone else who cannot pass on
the burden further. [De Leon, Fundamentals of Taxation, 2000 Ed., p.
53].
Incident. Anything which is inseparably belongs to, or is connected with,
or inherent in, another thing, called the principal. Anything which is
usually connected with another, or connected for some purposes,
though not inseparably. [Malaloan v. CA, GR 104879. May 6, 1994,
citing Black's Law Dict. 79 (5th Ed. 1979)].
Incidental fraud. Also Dolo incidente. 1. Fraud in the performance of
a pre-existing obligation. It is the deliberate act to evade the proper
performance of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 8]. 2.
Those deceptions or misrepresentations which are not serious in
character and without which the other party would still have entered
into the contract. [Geraldez v. CA, GR 108253. Feb. 23, 1994, citing
Art. 1344, CC].
Incident in the main case. It presupposes a main case which,
perforce, must be within the court's jurisdiction. [GR 104879. May 6,
1994. Malaloan v. CA].
Inciting a rebellion or insurrection. Crim. Law. The felony committed
by any person who, without taking arms or being in open hostility
against the Government, shall incite others to the execution of any of
the acts specified in Art. 134 of the Rev. Penal Code, by means of
speeches, proclamations, writings, emblems, banners or other

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representations tending to the same end. [Art. 138, RPC, as reinstated
by EO 187].
Inciting to sedition. Crim. Law. The felony committed by any person
who, without taking any direct part in the crime of sedition, should
incite others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end,
or upon any person or persons who shall utter seditious words or
speeches, write, publish, or circulate scurrilous libels against the
Government of the Philippines, or any of the duly constituted
authorities thereof, or which tend to disturb or obstruct any lawful
officer in executing the functions of his office, or which tend to instigate
others to cabal and meet together for unlawful purposes, or which
suggest or incite rebellious conspiracies or riots, or which lead or tend
to stir up the people against the lawful authorities or to disturb the
peace of the community, the safety and order of the Government, or
who shall knowingly conceal such evil practices. [Art. 142, RPC, as
Inciting to war or giving motives for reprisals. Crim. Law. The
felony committed by any public officer or employee, and any private
individual, who, by unlawful or unauthorized acts provokes or gives
occasion for a war involving or liable to involve the Philippines or
exposes Filipino citizens to reprisals on their persons or property. [Art.
118, RPC].
Inclement weather. It shall mean that a typhoon signal is raised in the
locality. [Sec. 3, RA 8491].
Inclusio unius est exclusio alterius. Lat. The inclusion of one is the
exclusion of the other. [People v. City Court of Silay, GR L-43790. Dec.
9, 1976].
Income. 1. All revenues and receipts collected or received, forming the
gross accretions of funds of the Government. [Sec. 14, PD 477]. 2. An
amount of money coming to a person or corporation within a specified
time, whether as payment for services, interest or profit from
investment. Unless otherwise specified, it means cash or its equivalent.
Income can also be thought of as a flow of the fruits of one's labor.
[Conwi v. CA, GR L-48532. Aug. 31, 1992]. 3. A flow of services
rendered by that capital by the payment of money from it or any other

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benefit rendered by a fund of capital in relation to such fund through a
period of time. [Madrigal v. Rafferty, 38 Phil. 414, Aug. 7, 1918].
Income bonds. Corp. Law. Bonds which may not be secured payable
out of the net profits of the issuing corporation. [Diaz, Bus. Law Rev.,
1991 Ed., p. 269].
Income tax. 1. Tax on all yearly profits arising from property,
professions, trades or offices, or as a tax on a persons income,
emoluments, profits and the like. [Teodoro & De Leon, Law on Income
Taxation, 11th Ed. (2001), p. 1, citing 61 CJS 1559]. 2. Tax on a
person's income and profits. [Intl. Law Dict. & Direct., 2004].
Incompatible offices. Pol. Law. Offices the duties and functions of
which are inherently inconsistent and repugnant, so that because of the
contrariety and antagonism which would result from the attempt of one
person to discharge faithfully, impartially, and efficiently the duties of
both offices, considerations of public policy render it improper for an
incumbent to retain both. [Punsalan v. Mendoza, GR L-69576. Nov. 19,
1985, citing 63 Am. Jur. 2d. 73].
Incompetence. Lack of ability, legal qualification or fitness to discharge
the required duty . . . want of physical or intellectual or moral fitness.
[Homecillo, Carmelito V., CSC Res. 97-0792, Jan. 28, 1997].
Incompetency. The manifest lack of adequate ability and fitness for the
satisfactory performance of official duties by reason of the officer's vice
or vicious habits. This has reference to any physical, moral or
intellectual quality the lack of which substantially incapacitates one to
perform the duties of a peace or public safety officer. [Sec. 8, PD 971].
Incompetent evidence. Evidence which is not admissible under the
established rules of evidence. Evidence which the law does not permit
to be presented at all, or in relation to the particular matter, on account
of lack of originality or of some defect in the witness, the document, or
the nature of the evidence itself. [Blacks Law Dict., Abr. 5th Ed.
(1983), 391].
Incompetents. 1. Persons suffering the penalty of civil interdiction or
who are hospitalized lepers, prodigals, deaf and dumb who are unable
to communicate, those who are of unsound mind, even though they
have lucid intervals, and persons not being of unsound mind, but by

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reason of age, disease, weak mind, and other similar causes, cannot,
without outside aid, take care of themselves and manage their
property, becoming thereby an easy prey for deceit and exploitation. 2.
Persons who lack ability, legal qualification, or fitness to manage their
own affairs. [Glossary of Legal Terms (Pro-Se), 2004].
Incompetent witness. An offered witness who is not qualified under
the rules of testimonial evidence. [Francisco, Evidence, Vol. VII, Part 1,
1997 Ed., p. 7].
Incomplete instrument not delivered. Nego Inst. Law. An
incomplete instrument which has not been delivered, and which will
not, if completed and negotiated without authority, be a valid contract
in the hands of any holder, as against any person whose signature was
placed thereon before delivery. [Sec. 15, NIL].
Incomplete judgment. 1. A judgment which directs that a party be
reimbursed his actual litigation expenses without determination of such
amount, where no trial was held in the lower court which had wrongly
dismissed her complaint. To fully dispose of the controversy, the
judgment should provide for the remand of the case to the lower court
only for the purpose of fixing and determining the amount of such
actual litigation expenses, without prejudice to the parties coming to an
agreement as to a mutually acceptable amount to be paid to the
petitioner by way of reimbursement. [Lina v. Purisima, GR L-39380.
Apr. 14, 1978]. 2. A judgment which has not decided what ought to be
decided is incapable of becoming final; immutability for purposes of
execution does not attach to a judgment that is materially equivocal or
which suffers from either patent or latent ambiguity. [Hernandez v.
Colayco, GR L-39800. June 27, 1975]. Also Inadequate judgment.
Incomplete justification. Crim. Law. A special or privileged mitigating
circumstance, which, not only can not be offset by aggravating
circumstances but also reduces the penalty by one or two degrees than
that prescribed by law. [Lacanilao v. CA, GR L-34940. June 27, 1988].
Incontestability clause. An agreement in an insurance policy by which
the insurance company limit the period of time in which it will interpose
objections to the validity of the policy or set up any defense.
[Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil.,
1999 Ed., p. 52-53].

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

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

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required by the Rules of Court. [Jungco v. CA, GR 78051. Nov. 8,
1989]. Compare with As in default.
Indefeasible. A right or title in property that cannot be made void,
defeated or canceled by any past event, error or omission in the title.
For example, certificates of title issued under a Torrens land titles
system is said to be indefeasible because the government warrants that
no interest burdens the title other than those on the certificate.
Indelible allegiance doctrine. Intl. Law. A doctrine under which an
individual may be compelled to retain his original nationality
notwithstanding that he has already renounced it under the laws of
another state whose nationality he has acquired. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 104, citing Fenwick, 258].
Indemnification for damages. It comprehends not only the value of
the loss suffered, but also that of the profits which the obligee failed to
obtain. [Art. 2200, CC].
Indemnity. Payment made for a certain loss or damage. [Tiopianco,
Indemnity principle. Ins. The principle by which an insured is
compensated for losses sustained and is placed as much as possible in
the same pecuniary position as he occupied immediately before the
misfortune. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the
Phil., 1999 Ed., p. 20-21].
Indent. A purchase order for goods especially when sent from a foreign
country. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR 75198.
Oct. 18, 1988, citing Webster's 9th New Collegiate Dict. 612 (1986)].
Indentor. One who, for compensation, acts as a middleman in bringing
about a purchase and sale of goods between a foreign supplier and a
local purchaser. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR
75198. Oct. 18, 1988].
Independence. Intl. Law. 1. Also known as External sovereignty, it
signifies the freedom of the state to control its own foreign affairs.
[Sandoval, Pol. Law Reviewer 2003]. 2. The external manifestation of
sovereignty, which also embraces power over internal matters. The

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power of a state to administer its external affairs without direction or
interference from another state. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
37].
Independence principle. The principle by which the bank determines
compliance with the letter of credit only by examining the shipping
documents presented; it is precluded from determining whether the
main contract is actually accomplished or not. [Bank of America, NT &
SA v. CA, GR 105395. Dec. 10, 1993].
Independent adjuster. Any person, partnership, association or
corporation which, for money, commission or any other thing of value,
acts for or on behalf of an insurer in the adjusting of claims arising
under insurance contracts or policies issued by such insurer. [Sec. 324,
IC].
Independent Certified Public Accountant. An accountant who
possesses the independence as defined in the rules and regulations of
the Board of Accountancy promulgated pursuant to PD 692, otherwise
known as the Revised Accountancy Law. [Sec. 232, NIRC, as
amended].
Independent contractors. Persons, juridical or natural, who exercise
independent employment, contracting to do a piece of work according
to their own methods and without being subjected to control of their
employer except as to the result of their work. [Villuga v. NLRC, GR
75038. Aug. 23, 1993].
Independent power producer (IPP). 1. An existing power generating
entity which is not owned by the government. [Sec. 4, RA 9136]. 2.
Private investor engaged in power generation from coal-fired power
plant, or any other energy sources (oil, hydro, geothermal etc.). [Sec.
1.2, IRR, EO 354 dated 5 July 1996].
Independent state. Intl. Law. 1. A state that has full freedom in the
direction of its affairs, both domestic and foreign. It may either be
simple or composite. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. 2. A
state that is sovereign; one that operates independently internationally.
[Intl. Law Dict. & Direct., 2004]. Compare with Dependent state.
Indeterminate sentence. 1. A sentence the maximum term of which
shall be that which, in view of the attending circumstances, could be

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

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

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Indigenous wildlife. Species or subspecies of wildlife naturally
occurring or has naturally established population in the country. [Sec.
5, RA 9147].
Indigent. 1. A person who has no visible means of income or whose
income is insufficient for the subsistence of his family. [Enaje v. Ramos,
GR L-22109. Jan. 30, 1970]. 2. Needy or impoverished. A defendant
who can demonstrate his or her indigence to the court may be assigned
a court-appointed attorney at public expense. Compare with Pauper.
[Jurists Legal Dict., 2004]. 3. Health Ins. A person who has no visible
means of income, or whose income is insufficient for the subsistence of
his family, as identified by the Local Health Insurance Office and based
on specific criteria set by the Phil. Health Ins. Corp. in accordance with
the guiding principles set forth in Art. 1 of RA 7875, as amended. [Sec.
1, RA 9241].
Indigent litigant. Anyone who has no visible means of support or
whose income does not exceed P300 per month or whose income even
in excess of P300 per month is insufficient for the subsistence of his
family. [Enaje v. Ramos, GR L-22109. Jan. 30, 1970, citing RA 6035].
Indigent party. One who is authorized by the court to prosecute his
action or defense as an indigent upon an ex parte application and
hearing showing that he has no money or property sufficient and
available for food, shelter and basic necessities for himself and his
family. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 199].
Indirect. The term would signify an act done not straight to the point.
[Guerrero v. Villamor, GR 82238-42. Nov. 13, 1989].
Indirect assault. Crim. Law. The use of force or intimidation by any
person upon another person coming to the aid of the authorities or
their agents on occasion of the commission of any of the crimes defined
in Art. 148 of the Rev. Penal Code. [Art. 149, RPC].
Indirect bribery. Crim. Law. The felony committed by any public officer
who shall accept gifts offered to him by reason of his office. [Art. 211,
RPC].
Indirect contempt. Such acts as misbehavior by a court official in the
performance of his official duties; disobedience or resistance to a lawful
writ, process order or judgment of the court; assuming to be an

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attorney or an officer of the court and acting as such without authority;
and failure to obey subpoena served. [Claridades, A., Compilation of
Notes, 2001-2006]. Compare with Direct contempt.
Indirect employer. Labor. Any person, partnership, association or
corporation which, not being an employer, contracts with an
independent contractor for the performance of any work, task, job or
project. [Art. 107, LC].
Indirect initiative. Exercise of initiative by the people through a
proposition sent to Congress or the local legislative body for action.
[Sec. 3, RA 6735].
Indirect solar energy. The energy content of solar radiation harnessed
by initially collecting sunlight in a natural manner such as absorption by
land, atmosphere, ocean surface and plants. This natural collection
mode gives rise to winds (by thermal gradients in the atmosphere),
produces organic matter or bio-mass and creates ocean thermal
gradients between the surface and its depths. [Sec. 2, PD 1068]. See
Direct solar energy.
Indirect taxes. 1. Those taxes which are demanded from one person in
the expectation and intention that he shall indemnify himself at the
expense of another. An example of this type of tax is the sales tax
levied on sales of a commodity. [Maceda v. Macaraig, GR 88291. May
31, 1991]. 2. Those that are demanded in the first instance from one
person in the expectation and intention that he can shift the burden to
someone else. [Comm. of Int. Rev. v. John Gotamco & Sons, Inc., GR
L-31092. Feb. 27, 1987]. Compare with Direct taxes.
Indispensable party. Civ. Pro. 1. A party in interest without whom no
final determination can be had of an action. [Sec. 7, Rule 3, RoC]. 2. A
party without whom the action cannot be finally determined, whose
interest in the subject matter of the suit and in the relief sought is so
intertwined with that of the other parties that his legal presence as a
party to the proceeding is an absolute necessity. [Rep. v.
Sandiganbayan, GR 92594. Mar. 4, 1994]. Compare with Necessary
party.
Individual. A single human being as contrasted with a social group or
institution. [Morenos Law Dict., 2000 Ed., p. 227].

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Individual claims. Claims on land and rights thereon which have been
devolved to individuals, families and clans including, but not limited to,
residential lots, rice terraces or paddies and tree lots. [Sec. 4, RA
8371].
Individually. The term has the same meaning as "collectively",
"separately", "distinctively", respectively or "severally". [Ronquillo v.
CA, GR L-55138. Sep. 28, 1984].
Indivisible obligation. An obligation the object of which, in its delivery
or performance, is not capable of partial performance. [Diaz, Bus. Law
Rev., 1991 Ed., p. 29]. Compare with Divisible obligation.
Indorsement. Nego Inst. Law. Legal transaction effected by affixing
ones signature (a) at the back of the instrument; or (b) upon a paper
(Allonge) attached thereto with or without additional words specifying
the person to whom or to whose order the instrument is to be payable
whereby one not only transfers legal title to the paper transferred but
likewise enters into an implied guaranty that the instrument will be duly
paid. [Claridades, A., Compilation of Notes, 2001-2006].
Indorsement. Nego Inst. Law. Kinds: (a) Special indorsement; (b) blank
indorsement; (c) restrictive indorsement; (d) qualified indorsement; (e)
conditional indorsement. [Sec. 33, NIL].
Indorsement in blank. Also Blank indorsement. Nego. Inst. An
indorsement that specifies no indorsee, and an instrument so indorsed
is payable to bearer, and may be negotiated by delivery. [Sec. 34, NIL].
Indorser. Nego. Inst. A person placing his signature upon an instrument
otherwise than as maker, drawer, or acceptor, who is deemed to be
such unless he clearly indicates by appropriate words his intention to be
bound in some other capacity. [Sec. 63, NIL].
Indubitable. Something which cannot be doubted; also certain and
unquestionable; without doubt. [Asejo v. Leonoso, 78 Phil. 467 (1947)].
Inducement. Also Instigation. Crim. Law. The criminal intent
originates in the mind of the instigator and the accused is lured into the
commission of the offense charged in order to prosecute him. The
instigator practically induces the would-be accused into the commission

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of the offense and himself becomes a co-principal [People v. Ramos,
203 SCRA 237 (1991)]. Compare with Entrapment.
Inducing a minor to abandon his home. Crim. Law. The felony
committed by anyone who shall induce a minor to abandon the home
of his parent or guardians or the persons entrusted with his custody.
[Art. 271, RPC].
Industrial baking and drying. The industrial process of subjecting
materials to heat for the purpose of removing solvents or moisture from
the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated. [Sec. 3, PD 1185].
Industrial design. 1. Any composition of lines or colors or any
three-dimensional form, whether or not associated with lines or colors:
Provided, That such composition or form gives a special appearance to
and can serve as pattern for an industrial product or handicraft. [Sec.
112, RA 8293]. 2. Any new original and ornamental design for an article
of manufacture. [Sec. 1, PD 1423]. 3. Any new and original creation
relating to the features of shape, pattern, configuration, ornamentation,
or artistic appearance of an article or industrial design by the author in
the same manner and subject to the same provisions and requirements
as relate to patents for inventions in so far as they are applicable,
except as otherwise hereinafter provided. [Sec. 55, RA 165, as
amended by RA 637].
Industrial detergent. Any cleaning product not designed for laundering
different fabrics in the family wash but is mostly used in the
manufacturing industry, such as but not limited to the beverage
industry, textile industry, meat, fish and fruit canning, dairy product
processing and food processing industry. [Sec. 2, RA 8970].
Industrial dispersal. The encouragement given to manufacturing
enterprises to establish their plants in rural areas. Such firms normally
use agricultural raw materials either in their primary or intermediate
state. [Sec. 4, RA 8435].
Industrial dispute. See Labor dispute.
Industrial employment. In case of private employers, it includes all
employment or work at a trade, occupation or profession exercised by

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an employer for the purpose of gain, except domestic service. [Sec. 22,
RA 772].
Industrial estate (IE). A tract of land subdivided and developed
according to a comprehensive plan under a unified continuous
management and with provisions for basic infrastructure and utilities,
with or without pre-built standard factory buildings and community
facilities for the use of the community of industries. [Sec. 4, RA 7916].
Industrial fruits. Those produced by lands of any kind through
cultivation or labor. [Art. 442, CC].
Industrial land. Land developed principally to industry as capital
investment. [Sec. 3, PD 464].
Industrial life insurance. A form of life insurance under which the
premiums are payable either monthly or oftener, if the face amount of
insurance provided in any policy is not more than five hundred times
that of the current statutory minimum daily wage in the City of Manila,
and if the words Industrial policy are printed upon the policy as part of
the descriptive matter. [Sec.229, IC].
Industrial partner. The partner who contributes his industry to the
partnership. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Compare with
Capitalist partner.
Industrial Peace Act. RA 875. [Expressly repealed by the Labor Code].
Industrial plant. Any plant in which a unit process and/or operations
are involved, including the related pollution control and abatement
processes or operations. [Sec. 3, RA 9267].
Industrial plant or factory. Manufacturing assembly plants, including
engineering shops, shipyards or other business endeavors where
electrical machinery and equipment are installed. [Sec. 2, RA 7920].
Industrial Safety Act. Commonwealth Act No. 104, as amended.
Industrial salt. Salt used in the treatment, processing, and/or
manufacture of non-food commercial products. [Sec. 4, RA 8172].

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Industrial sand and gravel permit. The permit granted by the Mines
and Geosciences Bureau to any qualified person for the extraction of
sand and gravel and other loose or unconsolidated materials that
necessitate the use of mechanical processing covering an area of more
than five hectares (5 has.) at any one time. The permit shall have a
term of five (5) years, renewable for a like period but not to exceed a
total term of twenty-five (25) years. [Sec. 47, RA 7942].
Industrial tree plantation. Any tract of forest land purposely and
extensively planted to timber crops primarily to supply the raw material
requirements of existing or proposed processing plants and related
industries. [Sec. 3, PD 705].
Industrial waste. Any solid, semi-solid or liquid waste material with no
commercial value released by a manufacturing or processing plant
other than excluded material. [Sec 4, RA 9275].
Industry. 1. Any identifiable group of productive units or enterprises,
whether operated for profit or not, engaged in similar or allied
economic activities in which individuals are gainfully employed. [Sec. 1,
Rule 9, Book 3, IRR of LC]. 2. Any department or branch of art,
occupation or business, especially, one which employs much labor and
capital and is a distinct branch of trade, as the sugar industry.
[Diaz-Leus v. Melvida, GR 77716. Feb. 17, 1988, citing Sangco, Phil.
Law on Torts & Damages, p. 340].
Industry indispensable to the national interest. Industry needful or
essential to the vital functions of the state where the dispute involves
public hazard requiring swift governmental intervention or action and
not merely public inconvenience, whether there is an emergency or not.
[Sec. 32, PD 570-A].
Inebriation. The state of being under the influence of or addicted to the
use of intoxication liquors. [Claridades, A., Compilation of Notes,
2001-2006].
Ineffective or imperfect disinheritance. A disinheritance without a
specification of the cause, or for a cause the truth of which, if
contradicted, is not proved, or which is not one of those set forth in the
Civil Code, which shall annul the institution of heirs insofar as it may
prejudice the person disinherited; but the devises and legacies and

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other testamentary dispositions shall be valid to such extent as will not
impair the legitime. [Art. 918, CC].
In esse. Lat. In being. Actually existing. Distinguished from In posse,
which means that which is not, but may be. A child before birth is in
posse; after birth, in esse. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
397].
Inexistent contract. One which has no force and effect from the very
beginning, as if it had never been entered into, and which cannot be
validated either by time or by ratification. [Tongoy v. CA, 123 SCRA 99
(1983); Avila v. CA 145 SCRA (1986)]. Also Void contract.
In extremis. Lat. 1. At the point of death when every hope of recovery
is extinct. [People v. Laquinon, GR L-45470. Feb. 28, 1985]. 2. In
extremity; in the last extremity; in the last illness. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 397].
In facie curiae. Lat. In the face of the courts. Contumacious acts or
statements and misconduct regarded as serious acts flaunted in the
face of the Court and constituting a frontal assault upon the integrity of
the (Supreme) Court and, through the Court, the entire judicial system.
[Zaldivar v. Sandiganbayan, GR 79690. Feb. 1, 1989].
Infant. 1. A child within zero (0) to twelve (12) months of age. [Sec. 3,
RA 7600]. 2. A person falling within the age bracket of 0-12 months.
[Sec.4, EO 51, Oct. 20, 1986].
Infant formula. The breastmilk substitute formulated industrially in
accordance with applicable Codex Alimentarius standards, to satisfy the
normal nutritional requirements of infants up to six (6) months of age,
and adopted to their physiological characteristics. [Sec. 3, RA 7600;
Sec.4, EO 51].
Infanticide. 1. Crim. Law. The felony committed by any person who
shall kill any child less than three days of age, or by the mother of the
child for the purpose of concealing her dishonor, or by the maternal
grandparents or either of them if said crime be committed for the same
purpose. [Art. 255, RPC]. 2. Murder of an infant soon after its birth.

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Infantosexual. Legal Med. A person whose sexual desire is towards
minors. [Olarte, Legal Med., 1st Ed. (2004), p. 113].
Inference. A fact or proposition deducted by process of reasoning as a
logical conclusion from other facts. [Herrera, Rem. Law, 1999 Ed., p.
31, citing Cummins v. King & Sons (Alaska), 453 P2d 465]. Compare
with Presumption. See also Presumption hominis or Presumption
of fact.
Inferior courts. The term, as used in the Interim Rules and Guidelines
promulgated to implement the Judiciary Reorganization Act of 1981,
refers to all courts except the Supreme Court, the Sandiganbayan and
the Court of Tax Appeals. [Delbros Hotel Corp. v. IAC, GR L-72566.
Apr. 12, 1988].
Infidelity in the custody of documents. Elements: (a) that the
offender be a public officer; (b) that there be a document abstracted,
destroyed or concealed; (c) that the document destroyed or abstracted
be entrusted to such public officer by reason of his office, and (d) that
damage or prejudice to the public interest or to that of a third person
be caused by the removal, destruction or concealment of such
document. [Fajelga v. Escareal, GR L-61017-18. Jan. 14, 1988].
In flagrante. Lat. In the very act charged against him. [People v. Polo,
GR 72899. Jan. 30, 1987].
In flagrante delicto. Lat. In the very act of committing a crime.
[People v. Montilla, GR 123872. Jan. 30, 1998, citing Moreno, Phil. Law
Dict., 2nd Ed.].
Inflation. A sharp sudden increase of money or credit or both without a
corresponding increase in business transactions. It causes a drop in the
value of money resulting in the rise of the general price level. [Diaz,
Bus. Law Rev., 1991 Ed., p. 41].
Informacion posesoria. Sp. Possessory information title. [Dir. of
Forestry v. Muoz, GR L-25459. June 28, 1968].
Informal education. A lifelong process of learning by which every
person acquires and accumulates knowledge, skills, attitudes and
insights from daily experiences at home, at work, at play and from life
itself. [Sec. 4, RA 9155].

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In forma pauperis. See Forma pauperis.
Information. 1. Rem. Law. An accusation in writing charging a person
with an offense subscribed by the prosecutor and filed with the court.
[Sec. 4, Rule 110, RoC]. 2. Crim. Proc. An accusation in writing
charging a person with an offense subscribed by the fiscal and filed
with the court. [Sec. 4, Rule 110, RoC].
Information and communications system. A system for generating,
sending, receiving, storing, or otherwise processing electronic
documents and includes the computer system or other similar device by
or in which data is recorded or stored and any procedures related to
the recording or storage of electronic document. [Sec. 5, RA 8792].
Information representative. Any person who engages in collecting or
gathering data and in disseminating and/or publishing the same for and
on behalf of a principal. [Sec. 3, BP 39].
Information value. The correct dutiable value of the article ascertained
from the reports of the Revenue Attache or Commercial Attache
(Foreign Trade Promotion Attache) or other Philippine diplomatic
officers and from such other information that may be available to the
Bureau of Customs. Such value shall be the home consumption value of
the imported article which shall be the subject of customs duty and
taxes. [Comm. of Customs v. Procter & Gamble Phil. Mfg. Corp., GR
56705. Jan. 31, 1989]. Also Established value.
Informed consent. The voluntary agreement of a person to undergo or
be subjected to a procedure based on full information, whether such
permission is written, conveyed verbally, or expressed indirectly. [Sec.
3, RA 8504].
Informer. One who communicates knowledge of someone having
committed or about to commit a crime to the proper authorities who by
themselves, acting independently, may obtain the evidence necessary
for the prosecution of the offender. [People v. Bagano, GR 77777. Feb.
5, 1990].
Informers reward. The reward granted to any person, except an
internal revenue official or employee, or other public official, or his
relative within the sixth grade of consanguinity, who voluntarily gives

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definite and sworn information, not yet in the possession of the Bureau
of Internal Revenue, leading to the discovery of frauds upon internal
revenue laws or violation of any of the provisions thereof, thereby
resulting in the recovery of revenues, surcharges and fees and/or the
conviction of the guilty party and/or imposition of any fine or penalty.
[Comm. of Int. Rev. v. COA, GR 101976. Jan. 29, 1993, citing Sec. 281
of NIRC].
Informing power of the President. The power of the President to
address the Congress at the opening of its regular session and also to
appear before it at any other time. [Sec. 23, Art. VII, 1987 Const.].
Infraction. A violation of law not punishable by imprisonment. Minor
traffic offenses generally are considered infractions. [Glossary of Legal
Infra scapula. Either of two flat, triangular bones, each forming the
back part of a shoulder. [Morenos Law Dict., 2000 Ed., p. 228].
Infrastructure projects. The construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of roads and bridges,
railways, airports, seaports, communication facilities, civil works
components of information technology projects, irrigation, flood control
and drainage, water supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power and
electrification facilities, national buildings, school buildings and other
related construction projects of the government. [Sec. 5, RA 9184].
Infringement. The use, without the consent of the registrant, any
reproduction, counterfeit, copy or colorable imitation of any registered
mark or tradename in connection with the sale, offering for sale, or
advertising of any goods, business or services on or in connection with
which such use is likely to cause confusion or mistake or to deceive
purchasers or others as to the source or origin of such goods or
services, or identity of such business; or reproduce, counterfeit, copy or
colorably imitate any such mark or trade-name and apply such
reproduction, counterfeit, copy, or colorable imitation to labels, signs,
prints, packages, wrappers, receptacles or advertisements intended to
be used upon or in connection with such goods, business or services.
[Sec. 22, RA 166, as amended].

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Infringement. Elements: (a) The use by any person, without the
consent of the registrant, (b) of any registered mark or trade-name in
connection with the sale, business or services, among other things,
bearing such registered mark or trade-name. [Sec. 22, RA 166, as
amended].
Infringement of a design patent. Unauthorized copying of the
patented design for the purpose of trade or industry in the article or
product and in the making, using, or selling of the article or product
copying the patented design. Identity or substantial identity with the
patented design shall constitute evidence of copying. [Sec. 60, RA 166,
as amended by Sec. 6, RA 637].
Infringement of copyright. The importation into the Philippines of any
piratical copies or likeness of any work in which Philippine copyright
subsists, unless authorized by the copyright proprietor concerned, or
except when imported under certain circumstances, as well as the
unlawful use of the copies imported as allowed by Sec. 30 of PD 49
which violate the rights of the proprietor of Philippine copyright or
annul or limit the protection secured by said Decree, and shall be
punishable as such without prejudice to the proprietors right of action.
[Sec. 30, PD 49].
Infringement of patent. The making, use and sale of the patented
machine, article or product, and the use of the patented process for the
purpose of industry or commerce, throughout the territory of the
Philippines for the term of the patent by any person without the
authorization of the patentee. [Sec. 37, RA 165].
In futuro. Lat. In the future. At a future time. The opposite of In
praesenti.
Inhabitant. One who has actual fixed residence in a place; one who has
a domicile in a place. [Co v. Electoral Tribunal, GR 92191-92. July 30,
1991, citing Bouvier's Law Dict., Vol. II].
Inhabited house. Any shelter, ship or vessel constituting the dwelling
of one or more persons, even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery is committed. [Art.
301, RPC].

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Inherent aggravating circumstances. Crim. Law. Those which are
part of the felony committed, as unlawful entry in robbery with force
upon things. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112].
Inheritance. Succ. 1. All the property, rights and obligations of a person
which are not extinguished by his death. [Art. 776, CC]. 2. The
inheritance of a person also includes those which have accrued thereto
since the opening of the succession. [Art. 781, CC].
Inheritance tax. A state tax on property that an heir or beneficiary
under a will receives from a deceased person's estate. The heir or
beneficiary pays this tax. [Glossary of Legal Terms (Pro-Se), 2004].
Inherited case. One tried and finished by an RTC Judge but left
undecided and is now listed as pending decision before the incumbent
Judge. [People v. Bajar, GR 118240. Oct. 28, 1997, citing MC 1-89
issued 13 June 1989 by CJ Fernan].
Initial. A first part, a beginning, an initial letter, note or the like.
[Gonzaga v. Seno, GR L-20522. Apr. 23, 1963, citing Webster's Dict.].
Initial appearance. Crim. Proc.. The defendant comes before a judge
within hours of the arrest to determine whether or not there is probable
cause for his arrest. [Glossary of Legal Terms (Pro-Se), 2004].
Initial payments. Taxation. The payments received in cash or property
other than evidences of indebtedness of the purchaser during the
taxable period in which the sale or other disposition is made. [Sec. 49,
NIRC, as amended].
Initiate. To begin, to commence, or to originate. [Morenos Law Dict.,
2000 Ed., p. 229].
Initiative. Const. Law. The power of the people to propose
amendments to the Constitution or to propose and enact legislations
through an election called for the purpose. [Sec. 3, RA 6735].
Initiative, systems of. Const. Law. There are three (3) systems of
initiative, namely: 1. Initiative on the Constitution which refers to a
petition proposing amendments to the Constitution; 2. Initiative on
statutes which refers to a petition proposing to enact a national
legislation; and 3. Initiative on local legislation which refers to a petition

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proposing to enact a regional, provincial, city, municipal, or barangay
law, resolution or ordinance. [Sec. 3, RA 6735].
Injunction. Rem. Law. 1. An order of a court which restrains a specified
person from performing certain acts. [Torres, Oblig. & Cont., 2000 Ed.,
p. 351]. 2. A court order that prohibits a party from doing something
(restrictive injunction) or compels him to do something (mandatory
injunction). [Duhaime's Legal Dict., 2004]. 3. A prohibitive order or
remedy issued by the court at the suit of the complaining party, which
forbids the defendant to do some act which he is threatening or
attempting to do. Conversely, it may require him to perform an act
which he is obligated to perform but refuses to do. [Glossary of Legal
Injunction. Rem. Law. Requisites to issue: (a) The existence of the
right to be protected, and (b) that the facts against which the
injunction is to be directed are violative of said right. [Araneta v.
Gatmaitan, 101 Phil. 328 (1957)].
Injury. 1. Civ. Law. Any wrong or damage done to another, either in his
person, rights, reputation or property. The invasion of any legally
protected interest of another. [Pecho v. Sandiganbayan, GR 111399.
Nov. 14, 1994, citing Black's Law Dict., 5th Ed., 706]. 2. Labor. Any
harmful change in the human organization from any accident arising
out of and in the course of the employment. [Art. 167, LC]. Compare
with Damages.
Injustum est, nisi tota lege inspecta, de una aliqua ejus
particula proposita indicare vel respondere. Lat. It is unjust to
decide or to respond to any particular part of the law without
examining the whole of the law. [Morenos Law Dict., 2000 Ed., p.
231].
Inland bill of exchange. Nego. Inst. A bill which is, or on its face
purports to be, both drawn and payable within the Philippines. Any
other bill is a foreign bill. [Sec. 129, NIL]. Compare with Foreign bill
of exchange.
Inland fishery. The freshwater fishery and brackishwater fishponds.
[Sec. 4, RA 8550].

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In limine. Lat. At the beginning or on the threshold. A motion In limine
is a motion that is tabled by one of the parties at the very beginning of
the legal procedures. [Duhaime's Legal Dict., 2004].
In loco parentis. Lat. In the place of the parent. 1. Actions of a
custodian, guardian or other person acting in the parent's place.
[Jurists Legal Dict., 2004]. 2. The rule established in Art. 2180, in
conjunction with Art. 2176 of the Civil Code which provides that the
damage should have been caused or inflicted by pupils or students of
the educational institution sought to be held liable for the acts of its
pupils or students while in its custody. [Phil. School of Bus. Admin. v.
CA, GR 84698. Jan. 4, 1992].
Innocent and virtuous woman. A woman who has never had illicit
intercourse with any man, and who is chaste and pure. [US v. Suan, GR
9201. Mar. 3, 1914, citing State v. Ferguson, 107 NC 841].
Innocent non-disclosure of facts. The concealment or non-disclosure
of facts by a party where the means of knowledge are at hand and
equally available to both parties. [Morenos Law Dict., 2000 Ed., pp.
231-232].
Innocent passage. Intl. Law. The right of ships to pass through
territorial waters so long as they do not prejudice the peace, good
order, and security of the coastal state. [Intl. Law Dict. & Direct.,
2004].
Innocent passage, right of. Intl. Law. Navigation through the
territorial sea of a state for the purpose of traversing that sea without
entering internal waters, or of proceeding to internal waters, or making
for the high seas from internal waters, as long as it is not prejudicial to
the peace, good order or security of the coastal state. [Sandoval, Pol.
Law Reviewer 2003].
Innominate contracts. They are contracts which do not have specific
names under the Civil Code. [Diaz, Bus. Law Rev., 1991 Ed., p. 61].
Compare with Nominate contracts.
Innominate contracts. Kinds: (a) Do ut des (I give that you give); (b)
do ut facias (I give that you may do); (c) facio ut facias (I make so you
make); (d) I make so you give). [Diaz, Bus. Law Rev., 1991 Ed., p. 61].

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Inofficious. In excess of the portion of free disposal. [Vda. De Tupas v.
Br. XLII, RTC of Negros Occ., GR L-65800. Oct. 3, 1986].
Inofficious donation. 1. It occurs when a person gives more than what
he can give by way of a last will and testament. In other words, the
donation exceeds the free portion of the estate of the creditor. [Diaz,
Bus. Law Rev., 1991 Ed., p. 48-49]. 2. A donation which deprives the
donors heirs of that portion of the estate to which the law entitles the
heirs, of which the heirs cannot legally be deposed or disinherited,
being contrary to the donors natural duty or affection. [Morenos Law
Dict., 2000 Ed., p. 232]. See also Donation, when inofficious.
Innovation (utility model). Any new model of implement or tools of
any industrial product or part of the same, which does not possess the
quality or invention, but which is of practical utility by reason of its
form, configuration, construction or composition. [Sec. 1, PD 1423].
In pari delicto, potior est conditio defendantis et possidentes.
Lat. Where both parties are equally in fault, the condition of the
defendant is preferable [Bouvier Law Dict.], or, as stated in a case,
among those in equal wrong, the situation of the defendant is the
stronger. [Norris v. York, 105 Kan. 448, 450, 185 P 43; 32 CJ 577.
(Record on Appeal, p. 209)].
In pari delicto, potior est conditio possidentis. Lat. Where both
parties in a dispute are equally at wrong, the person in possession of
the contested property will retain it (i.e., the law will not intervene).
Inpatient education package. A set of informational services made
available to an individual who is confined in a hospital to afford him
with knowledge about his illness and its treatment, and of the means
available, particularly lifestyle changes, to prevent the recurrence or
aggravation of such illness and to promote his health in general. [Sec.
1, RA 9241].
In personam, accio or accion. See Accio or action personam.
In personam jurisdiction. Intl. Law. The power of a court or tribunal
to determine the rights of a party who appears before it. [Intl. Law
Dict. & Direct., 2004]. Compare with In rem jurisdiction.

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In praesenti. Lat. At the present time. The opposite of In futuro.
Input subsidy. Assistance extended by the Government to the farmers
in terms of discounted prices of farm inputs such as fertilizer, pesticide
and seed. [Sec. 4, RA 7607].
Input tax. The value-added tax due from or paid by a VAT-registered
person in the course of his trade or business on importation of goods or
local purchase of goods or services, including lease or use of property,
from a VAT-registered person. It shall also include the transitional input
tax determined in accordance with Sec. 111 of the National Internal
Revenue Code. [Sec. 110, NIRC, as amended].
Inquiry. From Lat. inquirere: to seek after or to search for. Intl. Law. 1.
An investigation of the points in question, on the theory that their
elucidation will contribute to the solution of the problem. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. 121]. 2. The process by which an impartial
third party makes an investigation to determine the facts underlying a
dispute without resolving the dispute itself. [Intl. Law Dict. & Direct.,
2004].
In rem, accio or action. See Accio or action in rem.
In rem jurisdiction. Intl. Law. The power of a court to determine the
ownership rights of persons as to property located within the forum
state. [Intl. Law Dict. & Direct., 2004]. Compare with In personam
jurisdiction.
Insane delusion. A delusion manifested by a false belief for which there
is no reasonable basis and which would be incredible under the given
circumstances to the same person if he is of compos mentis. [People v.
Dungo, GR 89420. July 31, 1991].
Insane person. 1. One who has an unsound mind or suffers from a
mental disorder. 2. A person whose mental disease has rendered him
incapable of restraining himself although he understands what he is
doing and knows it is wrong. [Olarte, Legal Med., 1st Ed. (2004), p.
153].
Insanity. 1. A manifestation in language or conduct of disease or defect
of the brain, or a more or less permanently diseased or disordered
condition of the mentality, functional or organic, and characterized by

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perversion, inhibition, or disordered function of the sensory or of the
intellective faculties, or by impaired or disordered volition. [People v.
Ambal, GR L-52688. Oct. 17, 1980, citing Sec. 1039 of the Rev. Admin.
Code]. 2. Lack of mental capacity to do or abstain from doing a
particular act; inability to distinguish right from wrong. [Jurists Legal
Dict., 2004].
Inscrutable fault doctrine. Mar. Ins. Where fault is established but it
cannot be determined which of the two vessels were at fault, both shall
be deemed to have been at fault. [Suggested Answer for the 1997 Bar,
UPLC, (2002), p. 65]. Compare with Limited liability doctrine.
Insider. 1. It means: (a) the issuer; (b) a director or officer (or any
person performing similar functions) of, or a person controlling the
issuer; gives or gave him access to material information about the
issuer or the security that is not generally available to the public; (d) A
government employee, director, or officer of an exchange, clearing
agency and/or self-regulatory organization who has access to material
information about an issuer or a security that is not generally available
to the public; or (e) a person who learns such information by a
communication from any forgoing insiders. [Sec. 3, RA 8799]. 2. A
person, such as a corporate officer, director, or majority shareholder,
who has access to material nonpublic information about a company or
the securities market. [Intl. Law Dict. & Direct., 2004].
Insider trading. The use of material nonpublic information about a
company or the securities market to buy or sell securities for personal
gain. [Intl. Law Dict. & Direct., 2004].
Insolvency. 1. Civ. Law. The condition of a person when the liabilities
are greater than the assets, so that the claims of the creditors cannot
be paid. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. Ins. The inability
of an insurance company to pay its lawful obligations as they fall due in
the usual and ordinary course of business as may be shown by its
failure to maintain the margin of solvency required under Sec. 194 of
the Insurance Code, as amended by PD 1141 and further amended by
PD 1455. [Sec. 249, IC].
Insolvency Law. Act 1956 enacted on May 20, 1909.
Insolvent. 1. A person who either has ceased to pay his debts in the
ordinary course of business or cannot pay his debts as they become

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due, whether insolvency proceedings have been commenced or not.
[Art. 1636, CC]. 2. A person not able to pay his debts as they become
due. [Duhaime's Legal Dict., 2004].
Insolvent debtor. One who is unable to pay all his debts in full.
Inspect. To enter, examine and observe. Under no circumstance,
however, shall such entrance, examination and observation be utilized
to commit any act of intimidation or coercion nor shall it be utilized to
impair the civil rights of the individuals affected. [Sec. 166, RA 3844].
Inspection. Evid. The right of the adverse party to inspect a writing
whenever the same is shown to a witness.
Installment. Partial payment of a debt or collection of receivable.
Different portions of the same debt payable at different successive
periods agreed. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 407].
Installment sale. A commercial arrangement by which a buyer makes
an initial downpayment and signs a contract for payment of the balance
in installments over a period of time. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 407].
Instance. Request of urging. [Claridades, A., Compilation of Notes,
2001-2006].
Instantaneous death. It does not necessarily mean the cessation of
life simultaneously with the infliction of the injury. In a death described
as instantaneous, it is possible that the victim may survive the infliction
of the moral wound for as much as 15 to 20 minutes. [People v. Morin,
GR 101794. Feb. 24, 1995].
Instanter principle. The express revocation of the first will renders it
void because the revocatory clause of the second will, not being
testamentary in character, operates to revoke the previous will instantly
upon the execution of the will containing it. [Claridades, A., Compilation
of Notes, 2001-2006].
Instigation. Incitation; urging; solicitation; The act by which one incites
another to do something, as to commit some crime or to commence a

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suit. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 407]. See also
Inducement.
Institution. The commencement or inauguration of anything, as the
commencement of an action. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
407].
Institutional buildings. School buildings, hospitals, museums, display
centers, government buildings and the like. [Sec. 2, RA 7920].
Institutional decision. A process by which the reception of evidence is
left to a subordinate while the final decision is made by the
administration head, with the latter usually adopting the findings and
recommendations of the hearing officer if found correct. [Morenos Law
Dict., 2000 Ed., p. 233].
Institution of heirs. An act by virtue of which a testator designates in
his will the person or persons who are to succeed him in his property
and transmissible rights and obligations. [Art. 840, CC].
Instruction. Order to a bank to disburse funds to a particular person.
Instructor training. Training aimed at developing capacities of persons
for imparting attitudes, knowledge, skills and behavior patterns,
required for specific jobs, tasks, occupations or group of related
occupations. [Sec. 1, Rule 1, Book 2, IRR of LC].
Instrument. 1. Any thing that is used in or intended to be used in any
manner in the commission of illegal drug trafficking or related offenses.
[Sec 3, RA 9165]. 2. Any negotiable instrument as defined in the
Negotiable Instrument Law; any certificate of stock, or bond or
debenture for the payment of money issued by a public or private
corporation, or any certificate of deposit, participation certificate or
receipt, any credit or investment instrument of a sort marketed in the
ordinary course of business or finance, whereby the entrustee, after the
issuance of the trust receipt, appears by virtue of possession and the
face of the instrument to be the owner. [Sec. 3, PD 115]. 3. Some
written paper or instrument signed and delivered by one person to
another, transferring the title to, or giving a lien, on property, or giving
a right to debt or duty. [Ang Giok Chip v. Springfield Fire & Marine Ins.

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Co., GR 33637. Dec. 31, 1931, citing Hoag v. Howard (1880), 55 Cal.,
564].
Instrumentality. Any agency of the National Government, not
integrated within the department framework, vested with special
functions or jurisdiction by law, endowed with some if not all corporate
powers, administering special funds, and enjoying operational
autonomy, usually through a charter. This term includes regulatory
agencies, chartered institutions and government-owned and controlled
corporations. [Sec. 2, Admin. Code of 1987].
Instrumental witness. A person who attests that the party or parties
to the instrument signed the same in his presence, so that he is
frequently referred to as a "Witness to the signature and he is not
bound to know or be aware of the contents of the document. [PNB v.
CA, GR L-34404. June 25, 1980].
Insubordination. 1. A deliberate and willful refusal to comply with a
lawful request or order of a higher authority. It involves disregard of
proper authority and a refusal to obey that authority. [Sobrepea,
Carmelita G., CSC Res. 00-1288, May 30, 2000]. 2. Utter disregard of
express or implied directions of the employer and refusal to obey
reasonable orders. [Words and Phrases, Vol. 21].
Insult. To treat with insolence, indignity, or contempt by word or action;
to affront wantonly. [Poquiz, Labor Rel. Law, 1999 Ed. p. 359].
Insurable interest. 1. Every interest in property, whether real or
personal, or any relation thereto, or liability in respect thereof, of such
nature that a contemplated peril might directly damnify the insured.
[Sec. 13, IC]. 2. In principle, anyone has an insurable interest in
property who derives a benefit from its existence or would suffer loss
from its destruction whether he has or has not any title in, or lien upon
or possession of the property. Insurable interest in property may
consist in (a) an existing interest; (b) an inchoate interest founded on
an existing interest; or (c) an expectancy, coupled with an existing
interest in that out of which the expectancy arises. [Filipino Merchants
v. CA, GR 85141. Nov. 28, 1989].
Insurance. A contract whereby, for a stipulated consideration, one party
undertakes to compensate the other for loss on a specified subject by
special perils. The party agreeing to make the compensation is usually

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called the insurer or underwriter; the other, the insured or
assured; the agreed consideration, the premium; the written
contract, the policy; the events insured against, risks or perils;
and the subject, right, or interest to be protected, the insurable
interest. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 408].
Insurance adjuster. Ordinarily, a special agent for the person or
company for whom he acts, and his authority is prima facie
co-extensive with the business entrusted to him. [Morenos Law Dict.,
2000 Ed., p. 234].
Insurance agent. A person authorized to represent the insurer in
dealing with third parties in matters relating to insurance. An agent
employed by an insurance company to solicit insurance business.
Insurance broker. One who acts as a middleman between the insured
and the insurance company, and who solicits insurance from the public
under no employment from any special company selected by the
insurer or, in the absence of any selection, with the company selected
by such broker. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 413].
Insurance Code of 1978. PD 1460 entitled A Decree to consolidate
and codify all the insurance laws of the Philippines signed into law on
June 11, 1978.
Insurance company. A company which is organized as an insurance
company, whose primary and predominant business activity is the
writing of insurance or the reinsuring of risks underwritten by insurance
companies, and which is subject to supervision by the Insurance
Commissioner; or any receiver or similar official or any liquidating agent
for such a company, in his capacity as such. [Sec. 3, RA 2629].
Insurance contract. An agreement whereby one undertakes for a
consideration to indemnify another against loss, damage or liability
arising from an unknown or contingent event. [Sec. 2, IC].
Insurance policy. See Policy of insurance.
Insured. The owner of the property insured. [Tiopianco, Commentaries
& Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 23].

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Insurer. Also Insurance company. All individuals, partnerships,
associations, or corporations, including government-owned or
controlled corporations or entities, engaged as principals in the
insurance business, excepting mutual benefit associations. [Sec. 184,
IC].
Insurgent government. A government established by rebels with the
intent of replacing the existing government. [Intl. Law Dict. & Direct.,
2004].
Insurrection. See Rebellion.
Intangible assets. Nonphysical items such as stock certificates, bonds,
bank accounts, and pension benefits that have value and must be taken
into account in estate planning. [Glossary of Legal Terms (Pro-Se),
2004].
Intangible costs in petroleum operations. Any cost incurred in
petroleum operations which in itself has no salvage value and which is
incidental to and necessary for the drilling of wells and preparation of
wells for the production of petroleum. [Sec. 34, NIRC, as amended].
Integrated Pest Management (IPM). A pest management system
which utilizes all suitable methods and techniques in as compatible a
manner as possible to maintain the pest population at a level below
that causing economically unacceptable damage or loss without
endangering the environment. [Sec. 4, RA 7607].
Integrated school. A school that offers a complete basic education in
one school site and has unified instructional program. [Sec. 4, RA
9155].
Integrated water quality management framework. The policy
guideline integrating all the existing frameworks prepared by all
government agencies contain the following; water quality goals and
targets; (b) period of compliance; (c) water pollution control strategies
and techniques; (d) water quality information and education program;
(e) human resources development program. [Sec 4, RA 9275].
Integration of jural acts theory. Evid. The theory under which
previous acts and contemporaneous transactions of the parties are

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deemed integrated and merged in the written instrument which they
have executed. When the parties have reduced their agreement to
writing, it is presumed that they have made the writing the only
repository and memorial of the truth, and whatever is not found in the
writing must be understood to have been waived and abandoned.
Integrity.
Soundness of moral principle and character, as shown
one person dealing with others in the making and performance
contract, and fidelity and honesty in the discharge of trusts; it
synonymous with 'probity,' 'honesty,' and 'uprightness.' [Dizon
Dollete, GR L-19838]. June 30, 1964, citing Black's Law Dict., p. 94].
by
of
is
v.
Intellectual property. 1. The right of the author, artist, or inventor

over his work (which is considered as his) personal property). It
consists in the pecuniary benefit which the owner can get by the
reproduction or manufacture of his work. [Tolentino, Civil Code of the
Phil., Vol. II, Repr. 2001, p. 25, citing 2-II Collin & Capitant 492]. 2.
Useful artistic and industrial information and knowledge. [Intl. Law Dict.
& Direct., 2004].
Intellectual Property Code of the Philippines. RA 8293 entitled An
Act prescribing the Intellectual Property Code and establishing the
Intellectual Property Office, providing for its powers and functions, and
for other purposes enacted on June 6, 1997.
Intellectual property rights. The legal basis by which the indigenous
communities exercise their rights to have access to, protect, control
over their cultural knowledge and product, including but not limited to,
traditional medicines, and includes the right to receive compensation
for it. [Sec. 4, RA 8423].
Intelligence. 1. The moral capacity to determine what is right from
what is wrong and to realize the consequences of ones acts. [Gregorio,
Fund. of Crim. Law Rev., 1997 9th Ed., p. 19]. 2. The second element
of dolus; The power necessary to determine the morality of human acts
to distinguish a licit from an illicit act without which no crime can exist.
[Guevarra v. Almodovar, GR 75256. Jan. 26, 1989].
Intent. A design; a determination to do a certain thing; an aim, the
purpose of the mind, including such knowledge as is essential to such
intent; the design resolve, or determination with which a person acts. It

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is this intent which comprises the third element of dolo as a means of
committing a felony, freedom and intelligence being the other two.
[Guevarra v. Almodovar, GR 75256. Jan. 26, 1989, citing 46 CJS Intent
p. 1103]. Compare with Motive.
Intention. When used with reference to the construction of wills and
other documents, the term means the sense and meaning of it, as
gathered from the words used therein. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 415].
Intentionada waiver. The voluntary renunciation by the vendee of his
right to warranty in case of eviction with knowledge of the risks of
eviction and assumption of its consequences. [Diaz, Bus. Law Rev.,
1991 Ed., p. 135, citing Art. 1554].
Intentional abortion. Crim. Law. The felony committed by any person
who shall intentionally cause an abortion, if he shall use any violence
upon the person of the pregnant woman, or if, without using violence,
he shall act without the consent of the woman, or if the woman shall
have consented. [Art. 256, RPC].
Intentional. As used in an accident policy excepting intentional injuries
inflicted by the insured or any other person, etc., the term implies the
exercise of the reasoning faculties, consciousness, and volition. Where
a provision of the policy excludes intentional injury, it is the intention of
the person inflicting the injury that is controlling. If the injuries suffered
by the insured clearly resulted from the intentional act of a third person
the insurer is relieved from liability as stipulated. [Biagtan v. Insular
Life, GR L-25579. Mar. 29, 1972].
Intentional cancellation. Nego. Inst. Cancellation effected by
destroying the instrument either by tearing it up, burning it, or writing
the word "cancelled" on the instrument. The act of destroying the
instrument must also be made by the holder of the instrument
intentionally. [State Investment House, Inc. v. CA, GR 101163. Jan. 11,
1993].
Intentional tort. Wrong perpetrated by one who intends to break the
law. [Jurists Legal Dict., 2004].

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Intent to gain. Crim. Law. The intent to obtain from the appropriation
of the thing some utility, advantage or benefit. [Gregorio, Fund. of
Crim. Law Rev., 1997 9th Ed., p. 704].
Intent to kill. Crim. Law. A mental process, which may be inferred from
the nature of the weapon used, the place of the wound, the
seriousness thereof, and the persistence to kill the victim. [People v. Ty
Sui Wong, GR L-32529. May 12, 1978].
Inter. A prefix denoting: 1. between or among: the second element is
singular in form, as in interstate. 2. with or on each other (or one
another), together, mutual, reciprocal, mutually, or reciprocally, as in
interact. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR
97092. July 27, 1992]. Compare with Intra.
Inter alia. Lat. Among other things; for example; or, including. Legal
drafters would use it to precede a list of examples or samples covered
by a more general descriptive statement. Sometimes they use an inter
alia list to make absolutely sure that users of the document understand
that the general description covers a certain element (which was
covered in the general description anyway) without, in any way,
restricting the scope of the general element to include other things that
were not singled out in the inter alia list. [Duhaime's Legal Dict., 2004].
Inter-country adoption. The socio-legal process of adopting a Filipino
child by a foreigner or a Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial custody is undertaken,
and the decree of adoption is issued outside the Philippines. [Sec. 3, RA
8043].
Inter-Country Adoption Act of 1995. RA 8043 entitled An Act
establishing the rules to govern inter-country adoption of Filipino
children, and for other purposes enacted on June 7, 1995.
Interest. 1. The compensation allowed by law or fixed by the parties for
the loan or forbearance of money, goods or credits. [Teodoro & De
Leon, Law on Income Taxation, 11th Ed. (2001), p. 111]. 2. Any right
in the nature of property less than title. [PNB v. CA, GR 118357. May 6,
1997].
Interested parties. Domestic producers consumers, importers and
exporters of the products under consideration. [Sec. 4, RA 8800].

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Interested party. In the estate of a decedent, one who would be
benefited by the estate, such as an heir, or one who has a claim
against the estate, such as a creditor. [Saguinsin v. Lindayag, 116 Phil.
1193].
Interested person. A person one who would be benefited by the
estate, such as an heir, or one who has a claim against the estate, such
as a creditor; this interest must be material and direct, not merely
indirect or contingent. [Citing Trillana v. Crisostomo, GR L-3378, Aug.
22, 1951; Espinosa v. Barrios, 70 Phil. 311].
Interested witness. Rem. Law. A witness who is a party to or a person
interested in the outcome of a case. [Morenos Law Dict., 2000 Ed., p.
238].
Interest in land. The legal concern of a person in the thing or property,
or in the right to some of the benefits or uses from which the property
is inseparable. [PNB v. CA, GR 118357. May 6, 1997].
Interest in the subject. A direct interest in the cause of action as
pleaded, and which would put the intervenor in a legal position to
litigate a fact alleged in the complaint, without the establishment of
which plaintiff could not recover. [Magsaysay-Labrador v. CA, GR
58168. Dec. 19, 1989].
Interest rate per centum per annum. An interest rate that is accrued
solely upon the unpaid balance of any loan principal which has actually
been advanced to a borrower and upon any interest payment which has
become due or been deferred and has not been paid by the borrower;
computed on an annual basis. [Sec. 3, PD 269].
Interest rei publicae ut finis sit litium. Lat. The interest of the State
demands that there be an end to litigation. [Henson v. Dir. of Lands, 37
Phil. 912, 917, Mar. 26, 1918].
Interim Committee. Also Little Assembly. A subsidiary to the General
Assembly of the United Nations created in 1947 for a term of one year
and re-established in 1949 for an indefinite term. It is composed of one
delegate for each member-state, meets when the General Assembly is
in recess, and assist this body in the performance of its functions.

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Interim receipt. A document given to the insured to bind the company
in case a loss occurs pending action upon the application and the actual
issuance of a policy. Such a receipt issued by the duly authorized agent
of an insurance company constitutes a temporary contract of insurance
under which the company is liable for any loss occurring during the
period covered by it. [Morenos Law Dict., 2000 Ed., p. 238].
Interior designer. A natural person who has been issued a certificate of
registration and a valid professional license by the Board of Interior
Design. [Sec. 2, RA 8534].
Interior design, practice of. The act of planning, designing,
specifying, supervising and giving general administration and
responsible direction to the functional, orderly and aesthetic
arrangement and development of interiors of buildings and residences
that shall contribute to the enhancement and safeguard of life, health
and property and the promotion and enrichment of the quality of life.
[Sec. 2, RA 8534].
Interlocking
confessions.
Evid.
Extra-judicial
confessions
independently made without collusion which are identical with each
other in their essential details and are corroborated by other evidence
on record are admissible, as circumstantial evidence, against the person
implicated to show the probability of the latter's actual participation in
the commission of the crime. [People v. Molleda, 86 SCRA 667, 701
(1978)].
Interlocking directors. Corp. Law. One, some, or all of the directors in
one corporation is/are also director/directors in another corporation.
[De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 227].
Interlocutory. 1. Something intervening between the commencement
and the end of a suit which decides some point or matter but is not a
final decision of the whole controversy. [Prov. of Bohol v. NWSA,
L-30856, Feb. 27, 1970, 31 SCRA 841-42, quoting Black's Law Dict., 4th
Ed., 1951 p. 951]. 2. Temporary; provisional; interim; not final.
Interlocutory injunction. Rem. Law. An injunction which lasts only
until the end of the trial during which the injunction was sought.

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Interlocutory order. Rem. Law. 1. An order that does not dispose of a
case completely, but leaves something more to be done upon its
merits. [Marcelo v. de Guzman, GR L-29077, June 29, 1982, 114 SCRA
657]. 2. An order that does not finally dispose of the case, and does
not end the Court's task of adjudicating the parties' contentions and
determining their rights and liabilities as regards each other, but
obviously indicates that other things remain to be done by the Court.
[Atienza v. CA, GR 85455. June 2, 1994]. Compare with Final order.
Interloper. A person who, without legal right, runs a business (e.g.
without mandatory licenses), or who wrongfully interferes or intercepts
another's business. [Duhaime's Legal Dict., 2004].
Intermediary. A person who in behalf of another person and with
respect to a particular electronic document sends, receives and/or
stores provides other services in respect of that electronic data
message or electronic document. [Sec. 5, RA 8792].
Internal control. The plan of organization and all the coordinate
methods and measures adopted within an organization or agency to
safeguard its assets, check the accuracy any reliability of its accounting
data, and encourage adherence to prescribed managerial policies. [Sec.
123, PD 1445].
Internally generated funds. Funds obtained from net revenues, funds
arising from depreciation 7provisions, income from investment in
securities, sale of corporate property, and other transactions performed
in the course of corporate activity. [Sec. 3, EO 518].
Internal revenue. Taxes imposed by the legislature other than duties
on imports or exports. [Teodoro & De Leon, Law on Income Taxation,
11th Ed. (2001), p. 10, citing 1 Cooley 12].
Internal union dispute. All disputes or grievances arising from any
violation of or disagreement over any provision of the constitution and
by-laws of a union, including any violation of the rights and conditions
of union membership provided for in the Labor Code. [Art. 212, LC].
Internal waters. Also called as National or Inland waters. 1. Those
found in the bodies of water within the land mass and the waters in
gulfs and bays up to the point where the territorial waters begin. [Cruz,

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Intl. Law Reviewer, 1996 Ed., p. 61]. 2. Those waters inland of the
baseline of a state's territorial sea. [Intl. Law Dict. & Direct., 2004].
Internal waters of the Philippines. The waters around, between, and
connecting the islands of the Philippine archipelago, regardless of their
breadth and dimensions. [Art. I, 1987 Phil. Const.].
International administrative law. The body of rules formulated by
states, usually in international conventions, for the purpose of
regulating their relations and activities in connection with such
non-political matters as international communication, patents and
copyrights, promotion of health, education, and crime prevention.
International carriage. Any carriage in which, according to the
agreement between the parties, the place of departure and the place of
destination, whether or not there be a breach in the carriage or a
transshipment, are situated either within the territories of two High
Contracting Parties or within the territory of a single High Contracting
Party if there is an agreed stopping place within the territory of another
State, even if that State is not a High Contracting Party. [Pan Amer.
World Airways v. Rapadas, GR 60673]. May 19, 1992, citing Art. 1, par.
2, Warsaw Convention].
International comity. 1. Courteous and friendly agreement and
interaction between nations. [De Leon, Fundamentals of Taxation, 2000
Ed., p. 47]. 2. The informal and non-mandatory courtesy sometimes
referred to as a set of rules to which the courts of one sovereign often
defer in determining questions (as of jurisdiction or applicable
precedent) when the laws or interests of another sovereignty are
involved. [Websters 3rd Intl. Dict., 1976 Ed.].
International community. The body of juridical entities which are
governed by international law. It is often traditionally called the family
of nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 11].
International competitions. International sports competitions which
are sanctioned by the International Olympic Committee (IOC) or held
every four (4) years including qualifying championships in team sports
wherein only one (1) or two (2) countries may qualify for the Olympics
or World Championships. Competitions granting prize money or those

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held in honor of any personality or sponsor shall not be included. [Sec.
3, RA 9064].
International Court of Justice. The judicial organ of the United
Nations and superseded by the Permanent Court of International
Justice under the League of Nations. The World Court, as it is popularly
known, is governed by a Statute annexed to the Charter of the United
Nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 123].
International dispute. An actual disagreement between states
regarding the conduct to be taken by one of them for the protection or
vindication of the interests of the other. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 119].
International ethics. The dealings of states with one another which
stress considerations of justice and morality. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 4].
International juridical double taxation. The imposition of
comparable taxes in two or more states on the same taxpayer in
respect of the same subject matter and for identical periods.
International law. 1. Body of rules which regulates the community of
nations. [Suarez, Stat. Con., (1993), p. 38]. 2. A combination of treaties
and customs which regulates the conduct of states amongst
themselves. The highest judicial authority of international law is the
International Court of Justice and the administrative authority is the
United Nations. [Duhaime's Legal Dict., 2004].
International Law Commission. A body created by the General
Assembly in 1947 for the promotion of the progressive development of
international law and its codification, composed of twenty-five
members, of recognized competence in international law, elected by the
General Assembly for a term of three years and eligible for re-election.
International organizations. Intl. Law. Institutions constituted by
international agreement between two or more states to accomplish
common goals. The legal personality of these international
organizations has been recognized not only in municipal law, but in
international law as well. [Sandoval, Pol. Law Reviewer 2003].

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International party. An entity whose place of business is outside the
Philippines. It shall not include a domestic subsidiary of such
international party or a co-venturer in a joint venture with a party
which has its place of business in the Philippines. [Claridades, A.,
International port of entry. Any port or seaport declared as such by
the relevant authorities where international aircraft or vessels flying
routes customarily stop to discharge and load foreign trade goods,
repairs, transshipment of cargo, or disembarkation of passengers, and
for which reasons customs and immigration officers are stationed
thereat for purpose of enforcing the collection of corresponding duties,
taxes or fees. [Customs Admin. Order 3-95, Dec. 6, 1995].
International public order or public policy. In conflict of laws, the
general principle whereby courts may refuse to enforce contracts or
foreign judgments or foreign arbitral awards which they deem to be
repugnant to the forum's essential principles of morality and justice, or,
in some cases, to the basic policies and interests of the forum State.
International sale. A sale involving a buyer and seller with places of
business in different states. [Intl. Law Dict. & Direct., 2000].
International taxation. The operationalization of the tax system on an
international level. As it is, international taxation deals with the tax
treatment of goods and services transferred on a global basis,
multinational corporations and foreign investments. [Comm. of Int.
Rev. v. Procter & Gamble Phil. Manufacturing Corp., GR 66838. Dec. 2,
1991].
International transportation. Any transportation in which, according
to the contract made by the parties, the place of departure and the
place of destination, whether or not there be a break in the
transportation or a transshipment, are situated [either] within the
territories of two High Contracting Parties. [Santos III v. Northwest
Orient Airlines, GR 101538. June 23, 1992, citing par. (2), Art. 1 of the
Warsaw Convention].

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International travelers. Any individual who arrives from a foreign
destination, as evidenced by a passport and passenger ticket. [Customs
Admin. Order 3-95, Dec. 6, 1995].
Internet. An network of electronic networks, a communications medium,
and an information repository. [Intl. Law Dict. & Direct., 2004]. See
World Wide Web.
Inter partes. Lat. Between parties. [Duhaime's Legal Dict., 2004].
Interpleader. 1. An action brought by a person against the conflicting
claimants to compel them to interplead and litigate their several claims
among themselves, whenever conflicting claims upon the same subject
matter are or may be made against him, who claims no interest
whatever in the subject matter, or an interest which in whole or in part
is not disputed by the claimants. [Sec. 1, Rule 62, RoC]. 2. A remedial
action whereby a person who has property in his possession or who has
an obligation to render, goes to court and asks that persons who claim
the said property or who consider themselves entitled to demand
compliance with the said obligation, be required to litigate among
themselves in order to determine who is the rightful owner or claimant.
Upon filing of the complaint, the court issues an order requiring the
conflicting claimants to file their answer setting forth their respective
claims. In this action, there is no need to cite a cause of action since
the plaintiff does not seek to enforce a right or redress a wrong. In a
manner of speaking, although he starts the action, he seeks to wash his
hands of litigation by retiring to one side and let the claimants contend
for their right of property that is in his possession. [Claridades, A.,
Interpretare concordare legibus est optimus interpretandi. Lat.
Every statute must be so construed and harmonized with other statutes
as to form a uniform system of jurisprudence. [Rep. v. Asuncion, 231
SCRA 211, 232 [1994], citing Ruben E. Agpalo, Stat. Construction 192
(2nd Ed., 1990)].
Interpretatio fienda est ut res magis valeat quam pereat. Lat.
Such interpretation is to be adopted so that the law may continue to
have efficiency rather than fail. [People v. Simon, GR 93028. July 29,
1994].

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Interpretation. The act of making intelligible what was before not
understood, ambiguous, or not obvious. It is a method by which the
meaning of language is ascertained. [NIA v. Gamit, GR 85869. Nov. 6,
1992].
Interpretation of contracts. Such interpretation as would allow the
literal meaning of the stipulations of the contract to control, if its terms
are clear and leave no doubt upon the intention of the contracting
parties. However, if the words appear to be contrary to the evident
intention of the parties, the latter shall prevail over the former. [Art.
1370, CC].
Interpretatio talis in ambiguis semper frienda est, ut evitatur
inconveniens et absurdum. Lat. Where there is ambiguity, such
interpretation as will avoid inconvenience and absurdity is to be
adopted. [Comm. of Int. Rev. v. CTA, GR 83736. Jan. 15, 1992].
Interpretative clause. That part of the statute where the legislature
defines its own language or prescribes rules for its construction.
[Suarez, Stat. Con., (1993), p. 49].
Interpretative rules. Rules designed to provide guidelines to the law
which the administrative agency is in charge of enforcing. [Misamis Or.
Assoc. of Coco Traders v. DOF Sec., GR 108524. Nov. 10, 1994].
Compare with Legislative rule.
Interrogatories. A set or series of written questions propounded to a
party, witness, or other person having information or interest in a case;
a discovery device. [Glossary of Legal Terms (Pro-Se), 2004].
Interruption of good faith. The cessation of possession in good faith
from the moment defects in the title are made known to the possessor,
by extraneous evidence or by suit for the recovery of the property by
the true owner. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001,
p. 256, citing Ortiz v. Cayanan, 92 SCRA 246].
Interruption of religious worship. Crim. Law. The felony committed
by any public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion. [Art. 132, RPC].
Intertemporal law. Intl. Law. The legal rule that the validity of a
state's action is determined by the accepted rule of international law at

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the time the action was taken and not by a rule of law adopted later.
Intertemporal law doctrine. Intl. Law. Legal doctrine that practices
regarded as lawful in the past will continue to be respected in the
future. [Intl. Law Dict. & Direct., 2004].
Inter-union controversy or dispute. A dispute occurring or carried on
between or among unions. [Pepsi-Cola Sales and Advertising Union v.
Sec. of Labor, GR 97092. July 27, 1992]. Compare with Intra-union
conflict.
Intervenor. A person who has a legal interest in the matter in litigation,
or in the success of either of the parties, or an interest against both, or
is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or of an officer
thereof who may, with leave of court, be allowed to intervene in the
action. [Sec. 1, Rule 19, RoC].
Intervention. Intl Law. An act by which a state interferes with the
domestic or foreign affairs of another state or states through the
employment of force or threat of force. Such force may be physical or,
in the present state of world affairs, even political or economic.
[Sandoval, Pol. Law Reviewer 2003].
Intervention. Rem. Law. 1. A proceeding by which a person who has
legal interest in the matter in litigation, or in the success of either of
the parties, or an interest against both, or when he is so situated as to
be adversely affected by a distribution or other disposition of property
in the custody of the court or of an officer thereof may, with leave of
court, be allowed to intervene in an action [Sec 1, Rule 19, RoC]. 2. A
proceeding in a suit or action by which a third person is permitted by
the court to make himself a party, either joining plaintiff in claiming
what is sought by the complaint, or uniting with defendant in resisting
the claims of plaintiff, or demanding something adversely to both of
them; the act or proceeding by which a third person becomes a party in
a suit pending between others; the admission, by leave of court, of a
person not an original party to pending legal proceedings, by which
such person becomes a party thereto for the protection of some right of
interest alleged by him to be affected by such proceedings. [33 CJ, 477,
cited in Garcia, v. David, 67 Phil. 279, p. 282]. 3. An action by which a

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third person who may be affected by a lawsuit is permitted to become
a party to the suit. [Jurists Legal Dict., 2004].
Inter vivos. Lat. From one living person to another living person.
Intestate. 1. Dying without a will. [Duhaime's Legal Dict., 2004]. 2. The
status of a person who dies without leaving a will. [Jurists Legal Dict.,
2004].
Intestate estate. The estate of a deceased person without a will. The
estate is settled by the laws of intestacy provided in the Civil Code.
[Bench Book for Trial Court Judges, p. 3-1]. Compare with Testate
estate.
Intestate heirs. Also Legal heirs. Those who inherit by their own
right, and those who inherit by the right of representation. [Rosales v.
Rosales, GR L-40789. Feb. 27, 1987].
Intestate succession. Also Legal succession. 1. That which is
effected by operation of law in default of a will. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 15]. 2. A succession of property
when the deceased has left no will, or when the will has been revoked.
[Jurists Legal Dict., 2004]. Compare with Testamentary succession.
Intestinal obstruction. A condition in which the passage of intestinal
contents is arrested or seriously impaired. This is due to causes which
are either mechanical, vascular or neurogenic. [Rodriguez v. ECC, GR
46454. Sep. 28, 1989].
Intimidation. Unlawful coercion; extortion; duress; putting in fear.
[People v. Alfeche, GR 102070. July 23, 1992, citing Black's Law Dict.,
5th Ed. (1979), 737].
Intimidation to vitiate consent. There is intimidation when one of the
contracting parties is compelled by a reasonable and well-grounded fear
of an imminent and grave evil upon his person or property, or upon the
person or property of his spouse, descendants or ascendants, to give
his consent. [Art. 1335, CC].
Intimidation to vitiate consent. Requisites: (a) That the intimidation
caused the consent to be given; (b) that the threatened act be unjust

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or unlawful; (c) that the threat be real or serious, there being evident
disproportion between the evil and the resistance which all man can
offer, leading to the choice of doing that act which is forced on the
person to do as the lesser evil; and (d) that it produces a
well-grounded fear from the fact that the person from whom it comes
has the necessary means or ability to inflict the threatened injury to his
person or property. [Lichauco de Leon v. CA, GR 80965, 186 SCRA 345
(1990)].
Intoxication. The term comprehends a situation where, by reason of
drinking intoxicants, an individual does not have the normal use of his
physical or mental faculties, thus rendering him incapable of acting in
the manner in which an ordinarily prudent and cautious man, in full
possession of his faculties, using reasonable care, would act under like
conditions. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 423].
Intra. A prefix meaning "within, inside of, as in intramural,
intravenous. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor,
GR 97092. July 27, 1992]. Compare with Inter.
Intra-corporate controversy. A controversy which arises between a
stockholder and the corporation. [Philex Mining v. Reyes, 118 SCRA
602, 605, 606].
In transit. On the way or passage; while passing from one person or
place to another. In the course of transportation. [Calme v. CA, GR
116688. Aug. 30, 1996, citing Black's Law Dict., p. 738].
In transitu. Lat. In transit; on the way or passage; while passing from
ones person or place to another. In the course of transportation.
Intra-union conflict. A conflict within or inside a labor union.
[Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092.
July 27, 1992]. Compare with Inter-union controversy or dispute.
Intra vires act. Corp. Law. An act which is within the express, implied
or incidental powers of the corporation. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 277]. Compare with Ultra vires act.

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582
Intriguing against honor. Crim. Law. The felony committed by any
person who shall make any intrigue which has for its principal purpose
to blemish the honor or reputation of a person. [Art. 364, RPC].
Intrinsic ambiguity. Also Latent ambiguity. When the writing on its
face appears clear but there are collateral matters or circumstances
which make the meaning certain. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Extrinsic or patent ambiguity.
Intrinsic fraud. It takes the form of acts of a party in a litigation during
the trial, such as the use of forged instruments or perjured testimony,
which did not affect the present action of the case, but did present a
fair and just determination of the case. [Libudan v. Gil, 45 SCRA 17].
Compare with Extrinsic or collateral fraud.
Introduction. Bringing species into the wild that is outside its natural
habitat. [Sec. 5, RA 9147].
In trust. An obligation upon a person arising out of a confidence
reposed in him to apply properly, faithfully and according to such
confidence. [Robles v. CA, GR 59640. July 15, 1991, citing Bouvier's
Law Dict., Baldwins Century Ed., p. 1192].
Inure. To take effect, to result; to come into operation. [Duhaime's
Legal Dict., 2004].
Invalid delegation. If there are gaps in the law that will prevent its
enforcement unless they are first filled, the delegate will then have
been given the opportunity to step in the shoes of the legislature and
exercise a discretion essentially legislative in order to repair the
omissions. [Guingona v. Carague, GR 94571. Apr. 22, 1991. citing Cruz,
Phil. Pol. Law, pp. 97-99, 1987 Ed.].
Invention. 1. Any patented machine, product, process, including
implements or tools and other related gadgets of invention, utility
model and industrial design patents. [Sec. 3, RA 7459]. 2. Any new and
useful machine manufactured product or substance, process or any
improvement thereof that satisfies the requirement of novelty, utility
and operativeness. [Sec. 1, PD 1423].
Invention not considered new or patentable. An invention which
shall not be considered new or capable of being patented if it was

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known or used by others in the Philippines before the invention thereof
by the inventor named in an application for patent for the invention; or
if it was patented or described in any printed publication in the
Philippines or any foreign country more than one year before the
application for a patent therefor; or if it had been in public use or on
sale in the Philippines for more than one year before the application for
a patent therefor; or if it is the subject matter of a validly issued patent
in the Philippines granted on an application filed before the filing of the
application for patent therefor. [Sec. 9, RA 165].
Inventions not patentable. An invention which shall not be patentable
if it is contrary to public order or morals, or to public health or welfare,
or if it constitutes a mere idea, scientific principle or abstract theorem
not embodied in an invention as specified in Sec. 7 of RA 165, or any
process not directed to the making or improving of a commercial
product. [Sec. 8, RA 165].
Inventions patentable. Any invention of a new and useful machine,
manufactured product or substance, process, or an improvement of any
of the foregoing, which shall be patentable. [Sec. 7, RA 165].
Inventor. The patentee, heir, or assignee, of an invention letters patent,
utility model letters or industrial design letters patent. [Sec. 3, RA
7459].
Inventory. 1. An itemized list of supplies or property on hand containing
designation or description of each specific article with its valuation.
[IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. A list or schedule
or enumeration in writing, containing, article by article, the goods and
chattels of a person. [McCullough v. R. Aenlle & Co., GR 1300, Feb. 3,
1904, citing 17 Am. and Eng. Enc. of Law, 419].
Investigate. 1. To examine, explore, inquire or delve or probe into,
research on, study. 2. To observe or study closely: inquire into
systematically: to search or inquire into: to subject to an official probe;
to conduct an official inquiry. [Cario v. CHR, GR 96681. Dec. 2, 1991,
citing Webster's 3rd New Intl. Dict.].
Investigation. An inquiry, judicial or otherwise, for the discovery and
collection of facts concerning the matter or matters involved. [Anti-graft
League v. Ortega, GR L-33912. Sep. 11, 1980, citing Ballentine's Law
Dict. with Pronunciation, 1930 ed., p. 682].

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Investment. 1. Equity participation in any enterprise formed, organized
or existing under the laws of the Philippines. [Art. 44, EO 226, July 16,
1987]. 2. A commitment of money or capital in order to earn a financial
return. [Intl. Law Dict. & Direct., 2000].
Investment banker. Any person engaged in the business of
underwriting securities issued by other persons, but does not include an
investment company, any person who acts as an underwriter in isolated
transactions, but not as a part of a regular business, or any person
solely by reason of the fact that such person is an underwriter for one
or more investment companies. [Sec. 3, RA 2629].
Investment company. Any issuer which is or holds itself out as being
engaged primarily, or proposes to engage primarily, in the business of
investing, reinvesting, or trading in securities. [Sec. 4, RA 2629].
Investment Incentive Policy Act of 1983. Batas Pambansa Blg. 391
enacted on Apr. 28, 1983. [Expressly repealed by EO 226 on July 16,
1987].
Investments Promotion Act for Less Developed Areas. Batas
Pambansa Blg. 44 entitled An Act to promote investments in less
developed areas enacted on Nov. 26, 1979. [Expressly repealed by EO
226 on July 16, 1987].
Investors and Invention Incentives Act of the Philippines. RA
7459 entitled An Act providing incentives to Filipino investors and
expanding the functions of the technology application and promotion
institute, appropriating funds therefor, and for other purposes enacted
on Apr. 28, 1992.
Invoice. 1. A detailed statement of the nature, quantity and cost of the
thing sold and has been considered not a bill of sale. [Norkis
Distributors, Inc. v. CA, GR 91029. Feb. 7, 1991, citing Am. Jur. 2nd
Ed., Vol. 67, p. 378]. 2. A list of the items sought to be purchased and
their prices. [Ramos v. CA, GR L-39922-25. Aug. 21, 1987].
Involuntarily committed child. A child whose parent(s), known or
unknown, has been permanently and judicially deprived of parental
authority due to abandonment; substantial, continuous, or repeated

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neglect; abuse; or incompetence to discharge parental responsibilities.
[Sec. 3, RA 8552]. Compare with Voluntarily committed child.
Involuntary dissolution. The dissolution of a corporation by the SEC
upon filing of a verified complaint and after proper notice and hearing
on the grounds provided by existing laws, rules and regulations. [Sec.
121, Corp. Code].
Involuntary entrance. See Arrival under stress.
Involuntary servitude. 1. A condition of enforced, compulsory service
of one to another. [Rubi v. Prov. Board of Mindoro, 39 Phil. 660, 708].
2. The condition of one who is compelled by force, coercion, or
imprisonment, and against his will, to labor for another, whether he is
paid or not. [Aclaracion v. Gatmaitan, GR L-39115. May 26, 1975, citing
Involuntary statement. A statement of the accused who was not
assisted by counsel which is deemed, in contemplation of law, to be
involuntary, even if it were otherwise voluntary, technically. [Morenos
Law Dict., 2000 Ed., p. 243].
Involuntary trust. See Constructive trust.
Iodine deficiency disorder. A broad spectrum of deficiencies resulting
from lack of iodine in the diet which leads to the reduction of
intellectual and physical capacity affecting everyone who is
iodine-deficiency and may manifest as goiter, mental retardation,
physical and mental defects, and cretinism. [Sec. 4, RA 8172].
IP Code. RA 8293 also known as the Intellectual Property Code of the
Ipinagbili. Tag. Sold. [Morenos Law Dict., 2000 Ed., p. 243].
Ipso facto. Lat. By the fact itself; by the mere fact. [Angara v. Gorospe,
GR L-9230. Apr. 22, 1957].
Iridodialysis. The separation or loosening of the iris from its
attachment. [Aguja v. GSIS, GR 84846. Aug. 5, 1991].

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Iron curtain rule. Succession 1. The rule that an illegitimate child has
no right to inherit ab intestato from the legitimate children and relatives
of his father or mother; nor shall such children or relatives inherit in the
same manner from the illegitimate child. [Art. 992, CC]. 2. The rule
enunciated under Art. 992 of the Civil Code that provides a barrier or
iron curtain in that it prohibits absolutely a succession ab intestato
between the illegitimate child and the legitimate children and relatives
of the father or mother of said illegitimate child. They may have a
natural tie of blood, but this is not recognized by law for the purpose of
Art. 992. Between the legitimate family and the illegitimate family there
is presumed to be an intervening antagonism and incompatibility. The
illegitimate child is disgracefully looked down upon by the legitimate
family; and the family is in turn, hated by the illegitimate child; the
latter considers the privileged condition of the former, and the
resources of which it is thereby deprived; the former, in turn, sees in
the illegitimate child nothing but the product of sin, palpable evidence
of a blemish broken in life; the law does no more than recognize this
truth, by avoiding further ground of resentment. [Diaz v. IAC, GR
66574. Feb. 21, 1990, citing 7 Manresa 110]. Also known as Rule of
barrier between the legitimate family and the illegitimate
family. See also Rule of barrier between the legitimate family
and illegitimate.
Irregular execution. As a rule, the failure of the writ to conform to the
decree of the decision executed. [Canlas v. CA, GR L-77691. Aug. 8,
1988].
Irregular indorser. Nego. Inst. A person who, not otherwise a party to
an instrument, places thereon his signature in blank before delivery.
[Sec. 64, NIL].
Irregularities in the performance of duties. The improper
performance of some act which might lawfully be done. [Sec. 8, PD
971].
Irrelevant. In pleadings and in objections to questions and
manifestations, the term conveys the idea that the matter objected to is
not directly connected with, related to, nor in any manner having any
bearing to the issue involved. [Morenos Law Dict., 2000 Ed., p. 244].

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Irrelevant evidence. Evidence which has no probative value.
[Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Compare with
Relevant evidence.
Irreparable damages. Within the meaning of the rule relative to the
issuance of injunction, such damages where there is no standard by
which their amount can be measured with reasonable accuracy. [SSS v.
Bayona, 5 SCRA 126, 130-131 (1962)].
Irreparable injury. An injury of such constant and frequent recurrence
that no fair and reasonable redress can be had therefor in a court of
law, or where there is no standard by which their amount can be
measured with reasonable accuracy, that is, it is not susceptible of
mathematical computation. [Allundorff v. Abrahanson, 38 Phil. 58 cited
in Phil. Virginia Tobacco v. De los Angeles, 164 SCRA 555 (1988)]. An
injury which cannot be adequately compensated in damages due to the
nature of the injury itself or the nature of the right or property injured
or when there exists no certain pecuniary standard for the
measurement of damages. [PAL v. NLRC, GR 120567. Mar. 20, 1998,
citing Moreno, Phil. Law Dict., 1982 ed., p. 321].
Irresistible force. One that must produce such an effect upon the
individual that, in spite of all resistance, it reduces him to a mere
instrument and, as such, incapable of committing a crime. [People v.
Fernando, GR L-24781. May 29, 1970].
Irresistible impulse rule. The rule which provides that a person is
considered insane when mental disease has rendered him incapable of
restraining himself although he understands what he is doing and
knows it is wrong. [Olarte, Legal Med., 1st Ed. (2004), p. 153].
Irresistible impulse test. The test under which a person acts under an
irresistible impulse when, by reason of duress or mental disease, he has
lost the power to choose between right and wrong, to avoid the act in
question, his free agency being at the time destroyed. [People v.
Dungo, GR 89420. July 31, 1991]. Compare with Delusion impulse
test and Right and wrong test.
Irretrospectivity. See Prospectivity.

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Irrevocable beneficiary. The person designated to receive the
proceeds of the policy in the event of death of the Insured. [Tiopianco,
Irrevocable credit. The duration of the letter of credit. What it simply
means is that the issuing bank may not without the consent of the
beneficiary (seller) and the applicant (buyer) revoke his undertaking
under the letter. The issuing bank does not reserve the right to revoke
the credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991].
Compare with Confirmed letter of credit.
Irrevocable letter of credit. One that constitutes a definite
undertaking of the issuing bank, provided that the stipulated
documents are presented and that the terms and conditions of the
credit are complied with: i. if the credit provides for sight payment to
pay, or that payment will be made; ii. if the credit provides for deferred
payment to pay, or that payment will be made, on the date(s)
determinable in accordance with the stipulations of the credit; iii. if the
credit provides for acceptance to accept drafts drawn by the
beneficiary if the credit stipulates that they are to be drawn on the
issuing bank, or to be responsible for their acceptance and payment at
maturity if the credit stipulates that they are to be drawn on the
applicant for the credit or any other drawee stipulated in the credit; iv.
if the credit provides for negotiation to pay without recourse to
drawers and/or bona fide holders, draft(s) drawn by the beneficiary, at
sight or at a tenor, on the applicant for the credit or on any other
drawee stipulated in the credit other than the issuing bank itself, or to
provide for negotiation by another bank and to pay, as above, if such
negotiation is not effected. [Bank of America v. CA, GR 105395. Dec.
10, 1993, citing Art. 10 of the UCP].
Irrigable lands. Lands which display marked characteristics justifying
the operation of an irrigation system. [Sec. 4, RA 8435].
Irrigated lands. 1. Lands serviced by natural irrigation or irrigation
facilities. These include lands where water is not readily available as
existing irrigation facilities need rehabilitation or upgrading or where
irrigation water is not available year-round. [Sec. 4, RA 8435]. 2.
Agricultural lands which are supported by irrigation services. [Sec. 4,
RA 7607].

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Irrigation district. A public quasi corporation, organized, however, to
conduct a business for the private benefit of the owners of land within
its limits. They are members of the corporation, control its affairs, and
alone are benefited by its operations. It is, in the administration of its
business, the owner of its system in a proprietary rather than a public
capacity, and must assume and bear the burdens of proprietary
ownership. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991].
Irrigation system. A system of irrigation facilities covering contiguous
areas. [Sec. 4, RA 8435].
Irrigators' association (IA). An association of farmers within a
contiguous area served by a National Irrigation System or Communal
Irrigation System. [Sec. 4, RA 8435].
Irritant. Any substance not corrosive which, on immediate, prolonged or
repeated contact with normal living tissue will induce a local
inflammatory reaction. [Art. 4, RA 7394].
Irrumation. See Fellatio.
Isang dipa. Tag. One arm's length. [People v. Bustos, GR 35475. Mar.
16, 1989].
Isip-bata. Tag. One who thinks like a child despite his age. [People v.
Antonio, GR 107950. June 17, 1994].
Islamic banking business. A banking business whose aims and
operations do not involve interest (Riba) which is prohibited by the
Islamic Shari'a principles. [Sec. 44, RA 6848].
Islamic law. The law according to the Muslim faith and as interpreted
from the Koran. Islamic law is probably best known for deterrent
punishment, which is the basis of the Islamic criminal system and the
fact that there is no separation of church and state. Under Islamic law,
the religion of Islam and the government are one. Islamic law is
controlled, ruled and regulated by the Islamic religion. [Duhaime's Legal
Dict., 2004].
Isolated distribution system. The low or high voltage backbone
system of wires and associated facilities not directly connected to the
national transmission system. [Sec. 4, RA 9136].

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Isolated transaction. A transaction or series of transactions set apart
from the common business of a foreign enterprise in the sense that
there is no intention to engage in a progressive pursuit of the purpose
and object of the business organization. [Eriks Pte. Ltd. v. CA, GR
118843. Feb. 6, 1997].
Issue. 1. The disputed point in a disagreement between parties in a
lawsuit. 2. To send out officially, as in to issue an order. [Glossary of
Legal Terms (Pro-Se), 2004]. 3. Nego. Inst. The first delivery of the
instrument, complete in form, to a person who takes it as a holder.
[Sec. 191, NIL].
Issued capital stock. See Outstanding capital stock.
Issue preclusion. See Preclusion of issues.
Issuer. 1. The originator, maker, obligor, or creator of the security. [Sec.
3, RA 8799]. 2. Every person who issues or proposes to issue any
security, or has outstanding any security which it has issued. [Sec. 3,
RA 2629].
Issue slip. The document used as evidence in the transfer of
non-consumable supplies or property from the general services officer,
municipal or barangay treasurer, as the case may be, to a department
head for issuance to the end-user. [IRR on Supply & Prop. Mgt., per
Sec. 383, LGC].
Issuing bank. See Opening bank.
Ita semper fiat relatio ut valeat dispositio. Lat. The interpretation
must always be such that the disposition may prevail. [Maddumba v.
GSIS, GR 61293. Feb. 15, 1990].
Item. In budgetary legislation and practice, the particulars, the details,
the distinct and severable parts of the bill. An indivisible sum of money
dedicated to a stated purpose. [Gonzales v. Macaraig, Jr., GR 87636.
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].

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Item (of an appropriation bill). An item which in itself is a specific
appropriation of money, not some general provision of law, which
happens to be put into an appropriation bill. [Bengzon v. Sec. of
Justice, 299 US 410-416].
Ius commune. General law that applies where statute does not. It
usually applies in both jurisdictions so that a question of conflict does
not apply. It is also a common source of law used in arbitration
proceedings. [Tetley, Glossary of Conflict of Laws, 2004].
Ius gentium. The law of nations, referring to International Law. [Tetley,
Iyot ni inam. Ilok. The first word refers to the actual sexual act and the
rest refer to mother. Combined the term would be more derogatory
than the Tagalog expression "Putang-ina mo." [People v. Rapanut, GR
106817. Oct. 24, 1996].
-JJaundice. A morbid condition characterized by yellowness of the eyes,

skin and urine, constipation and loss of appetite. [Vda. De Tumolva v.
ECC, GR L-46187. Jan. 16, 1986, citing Maloy, Medical Dict. for
Lawyers, 2nd Ed., p. 334].
JBC. See Judicial and Bar Council.
J. D. Abbreviation for Juris Doctor or Doctor of Jurisprudence.
Jeep or jeepneys or jeepney substitutes. Philippine jeep or jeepneys
which are of the jitney type locally designed and manufactured
generally from surplus parts and components. It shall also include
jeepney substitutes that are manufactured from brand-new single cab

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chassis or cowl chassis and locally customized rear body that has
continuous sideway row seats with open rear door and without
retractable glass windows. [RA 9224].
Jeopardy. Crim. Law. The peril in which an accused is placed when put
on trial before a court of competent jurisdiction upon an indictment or
information which is sufficient in form and substance to sustain a
conviction. [People v. Vergara, GR 101557-58. Apr. 28, 1993].
Jettison. The throwing overboard of cargo or an attempt to lighten and
refloat the vessel which has stranded. [Tiopianco, Commentaries and
Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109].
Jewelry Industry Development Act of 1998. RA 8502 entitled An
Act to promote the development of the jewelry manufacturing industry,
providing incentives therefor and for other purposes enacted on Feb.
13, 1998.
Job. All the tasks carried out by a particular person in the completion of
7his prescribed duties. [Sec. 1, Rule 1, Book 2, IRR of LC].
Job contracting. Elements: (a) The contractor carries on an
independent business and undertakes the contract work on his own
account under his own responsibility according to his own manner and
method, free from the control and direction of his employer or principal
in all matters connected with the performance of the work except as to
the results thereof; and (b) the contractor has substantial capital or
investment in the form of tools, equipment, machineries, work
premises, and other materials which are necessary in the conduct of his
business. [Sec. 8, Rule VIII, LC]. Compare with Labor-only
contracting.
John Doe. A defendant whose identity or name is unknown. [Claridades,
Joinder of causes of action. The assertion by a party, in one pleading,
in the alternative or otherwise, as many causes of action as he may
have against an opposing party. [Sec. 5, Rule 2, RoC].
Joinder of causes of action. Conditions: (a) The party joining the
causes of action shall comply with the rules on joinder of parties; (b)
The joinder shall not include special civil actions or actions governed by

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special rules; (c) Where the causes of action are between the same
parties but pertain to different venues or jurisdictions, the joinder may
be allowed in the RTC provided one of the causes of action falls within
the jurisdiction of said court and the venue lies therein; and (d) Where
the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.
Joinder of causes of action. Requisites: (a) It will not violate the rules
on jurisdiction, venue and joinder of parties, and (b) the causes of
action arise out of the same contract, transaction or relation between
the parties, or are for demands for money or are of the same nature
and character. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996].
Joint account. A transaction of merchants where other merchants agree
to contribute the amount of capital agreed upon, and participating in
the favorable or unfavorable results thereof in the proportion they may
determine. [Suggested Answer of the UP Law Center for the 2000 Bar
cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002),
p. 14].
Joint account partnership. A business arrangement whereby two or
more persons interest themselves in the business of another making
contributions thereto, and participating in the results of the business.
[Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 14].
Joint account partnership. Features: (a) Only one member is
ostensible; the others are silent; (b) no common name; (c) only the
ostensible partner can sue or be sued; (d) no common fund. [Miravite,
Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 14].
Joint adoption by the spouses. Exceptions: (a) When one spouse
seeks to adopt his own illegitimate child; or (b) when one spouse seeks
to adopt the legitimate child of the other. [Art. 185, FC].
Joint and several. In obligation, the term means solidary where each
one of the debtors may be held liable for the entire obligation. [Torres,
Oblig. & Cont., 2000 Ed., p. 351].
Joint and several judgment. A judgment which imposes a joint and
several obligation. [Morenos Law Dict., 2000 Ed., p. 247].

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Joint and several liability. 1. A legal doctrine that makes each of the
parties who are responsible for an injury, liable for all the damages
awarded in a lawsuit if the other parties responsible cannot pay.
[Gacayan v. Leao, GR L-33754. Mar. 28, 1983]. 2. The obligation
assumed by several persons where each of the debtors is answerable
for the whole obligation with the right to seek contribution from his
co-debtors. [Phil. Intl. Surety v. Gonzales, GR L-15868. Oct. 31, 1961].
3. Liability of more than one person for which each person may be sued
for the entire amount of damages done by all. [Duhaime's Legal Dict.,
2004].
Joint and several note. One in which the makers bind themselves both
jointly and individually to the payee so that all may be sued together
for its enforcement, or the creditor may select one or more as the
object of the suit. [Rep. Planters Bank v. CA, GR 93073. Dec. 21,
1992].
Joint and several obligation. In common law, the term corresponds
to a civil law solidary obligation; that is, one of several debtors bound
in such wise that each is liable for the entire amount, and not merely
for his proportionate share. [Rep. Planters Bank v. CA, GR 93073. Dec.
21, 1992]. See also Solidary obligation.
Joint custody. A child custody decision which means that both parents
shall share joint legal custody and joint physical custody. [Duhaime's
Legal Dict., 2004].
Joint debtor. One who is an indispensable party with respect to his own
share and a necessary party with respect to the share of others.
Compare with Solidary co-debtors.
Joint-indivisible obligation. An obligation where it is joint as to the
parties but indivisible as to compliance. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 25].
Joint indorsement. Nego. Inst. An indorsement payable to two or more
payees or indorsees. [Sec. 41, NIL].
Joint judgment. A judgment which imposes a joint obligation.

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Joint liability. Where the joint obligor has the right to insist that the
co-obligor be joined as a co-defendant, and that the co-obligor be sued
jointly. In other words, where two or more parties share liabilities.
Joint obligation. An obligation in which each of the debtors is liable
only for a proportionate part of the debt, and each creditor is entitled
only to a proportionate part of the credit. Hence, in this obligation,
each creditor can recover only his share of the obligation, and each
debtor can be made to pay only his part. [Quiombing v. CA, GR 93010.
Aug. 30, 1990, citing Tolentino, Civil Code of the Phil., Vol. IV, 85 Ed.,
p. 218]. Compare with Solidary obligation.
Joint Resolution. A Resolution passed by both chambers of the
legislature in joint session. This kind of Resolution passes through
greater procedural safeguard than the other kinds of Resolution.
[Suarez, Stat. Con., (1993), p. 59].
Joint stock company. In common law countries, an unincorporated
association of persons whose ownership interests are represented by
transferable shares. The shareholders in such a company have
unlimited personal liability. [Intl. Law Dict. & Direct., 2004].
Joint tenancy. A form of legal co-ownership of property (also known as
survivorship). At the death of one co-owner, the surviving co-owner
becomes sole owner of the property. Tenancy by the entirety is a
special form of joint tenancy between a husband and wife. [Glossary of
Joint trial. A trial where the offenses charged are similar, related, or
connected, or are of the same or similar character or class, or involve
or arose out of the same or related or connected acts, occurrences,
transactions, series of events, or chain of circumstances, or are based
on acts or transactions constituting parts of a common scheme or plan,
or are of the same pattern and committed in the same manner, or
where there is a common element of substantial importance in their
commission, or where the same, or much the same, evidence will be
competent and admissible or required in their prosecution, and if not
joined for trial the repetition or reproduction of substantially the same
testimony will be required on each trial. [Palanca v. Querubin, GR
L-29510-31. Nov. 29, 1969, citing 23 CJS, pp. 680-681].

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Joint venture. 1. An association of persons or companies jointly
undertaking some commercial enterprise; generally all contribute assets
and share risks. It requires a community of interest in the performance
of the subject matter, a right to direct and govern the policy in
connection therewith, and duty, which may be altered by agreement to
share both in profit and losses. [Kilosbayan v. Guingona, GR 113375.
May 5, 1994]. 2. The commitment or agreement by two (2) or more
persons to carry out a specific or single business enterprise for their
mutual benefit, for which purpose they combine their funds, land
resources, facilities and services. [Sec. 3, RA 7279].
Joint venture agreement (JVA). An agreement entered into between
the Government and one or more contractors in accordance with Sec.
26(c) of RA 7942.
Joint will. A single testamentary instrument which contains the wills of
two or more persons, jointly executed by them, either for their
reciprocal benefit or for the benefit of a third person. [Jurado,
Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing 57 Am.
Jur. Sec. 681, p. 458].
Joists. 1. A kind of beam laid horizontally and serving in buildings to
support others or for bracing and connecting the parts of the structure.
[Choco v. Santamaria, GR 6076. Dec. 29, 1911, citing Dict. of the
Spanish Acad.]. 2. The horizontal timbers that are placed upon the tops
of the uprights, that is, what are commonly called beams, intended to
serve for connection and main support of the timbers of the different
floors that separate the stories of the building. [Choco v. Santamaria,
GR 6076. Dec. 29, 1911, citing Scaevola, Civil Code, Vol. 10, p. 448].
Journal. 1. The official record of the acts of a legislative body. [Tolentino
v. Sec. of Finance, GR 115525. Aug. 25, 1994]. 2. A book of original
entry in which the happenings or transactions affecting the business of
a taxpayer are recorded consecutively day by day as they occur.
Ed., p. 34]. 3. An academic or learned periodical. [Intl. Law Dict. &
Direct., 2004].
Joy ride. Driving for the purpose of enjoyment or for a "frolic of ones
own. [Filamer Christian Institute v. IAC, GR 75112. Aug. 17, 1992].

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Judah's belt. A string of firecrackers consisting of either diablos or small
triangulos that can number up to a hundred or thereabout and
culminating in large firecracker usually a bawang. [Sec. 2, RA 7183].
Judge. 1. A public officer lawfully appointed to decide litigated questions
according to law. In its most extensive sense, the term includes all
officers appointed to decide litigated questions while acting in that
capacity, including justice of the peace, and even jurors, it is said, who
are judges of facts. [People v. Manantan, GR L-14129. July 31, 1962,
citing Bouvier, Law Dict.]. 2. A presiding officer of the court. [Jurists
Legal Dict., 2004].
Judge de facto. A person who has the reputation of being the officer he
assumes to be and yet is not a good officer in point of law because
there exists some defect in his appointment or his right to exercise
judicial functions at the particular time [Luna v. Rodriguez, 37 Phil. 186,
p. 192].
Judgment. Rem. Law. 1. The adjudication by the court that the
defendant is guilty or is not guilty of the offense charged, and the
imposition of the penalty provided for by law on the defendant, who
pleads or is found guilty thereof. [Sec. 1, Rule 120, RoC]. 2. The
decision or sentence of the law given by a court or other tribunal as the
result of proceedings instituted therein. It is a judicial act which settles
the issues, fixes the rights and liabilities of the parties, and determines
the proceeding, and it is regarded as the sentence of the law
pronounced by the court on the action or question before it. [Legarda
v. CA, GR 94457. Oct. 16, 1997, citing 49 CJS Judgments 1 and 2].
See also Summary judgment.
Judgment by cognovit actionem. Rem. Law. The acknowledgment
and confession by the defendant after service, instead of entering a
plea, that the plaintiffs cause of action was just and rightful. [Feria and
Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 626]. Compare with
Judgment by confession relicta verificatione.
Judgment by confession. Rem. Law. One which is rendered against a
party upon his petition or consent. It usually happens when the
defendant appears in court and confesses the right of the plaintiff to
judgment or files a pleading expressly agreeing to the plaintiff's
demand. [De Ocampo v. Florenciano (1960) 107 Phil. 37, cited in 1
Moran's Comments on the Rules of Court, p. 640, 1963 Ed].

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Judgment by confession. Rem. Law. Kinds: (a) A judgment by
cognovit actionem, and (b) a judgment by confession relicta
verificatione. [PNB v. Manila Oil Refining & By-Products Co. Inc., GR
L-18103. June 8, 1922]
Judgment by confession relicta verificatione. Rem. Law. The
confession by the defendant, after pleading and before trial, of the
plaintiffs cause of action and the withdrawal or abandonment of his
plea or other allegations, whereupon judgment shall be entered against
him without proceeding to trial. [Feria and Noche, Civ. Pro. Annotated,
Vol. 1, 2001 Ed., p. 626]. Compare with Judgment by cognovit
actionem.
Judgment by consent. Rem. Law. A judgment based on an agreement
and which may only be rendered when the parties on both sides ask for
it. [Morenos Law Dict., 2000 Ed., p. 249].
Judgment debtor. Rem. Law. One who owes money as a result of a
judgment in favor of a creditor. [Gacayan v. Leao, GR L-33754. Mar.
28, 1983].
Judgment for credit. Rem. Law. A judgment for back rentals, for the
purpose of applying the legal rate of interest. [Morenos Law Dict., 2000
Ed., p. 249].
Judgment of conviction. Requisites: The judgment shall state (a) the
legal qualification of the offense constituted by the acts committed by
the accused, and the aggravating or mitigating circumstances attending
the commission, if there are any; (b) the participation of the accused in
the commission of the offense, whether as principal, accomplice or
accessory after the fact; (c) the penalty imposed upon the accused;
and (d) the civil liability or damages caused by the wrongful act to be
recovered from the accused by the offended party, if there is any,
unless the enforcement of the civil liability by a separate action has
been reserved or waived. [People v. Valeriano, GR 103604-05. Sep. 23,
1993].
Judgment of nonsuit. Rem. Law. A judgment given against plaintiff
when he is unable to prove a case, or when he refuses or neglects to
proceed to trial and leaves the issue undetermined. In our jurisdiction,
a declaration of nonsuit necessarily involves the rendition of a final

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order or judgment which terminates plaintiff's cause of action or right
of recovery under his complaint which is thereby dismissed. [BA
Finance Corp. v. Co, GR 105751. June 30, 1993].
Judgment on plea of limitation of action. Rem. Law. A judgment on
the merit bars plaintiff in a subsequent suit on the same cause of
action. [Morenos Law Dict., 2000 Ed., p. 249].
Judgment on the merits. Rem. Law. 1. A judgment which determines
the rights and liabilities of the parties based on the disclosed facts,
irrespective of formal, technical or dilatory objections. It is not
necessary, however, that there should have been a trial. If the
judgment is general, and not based on any technical defect or
objection, and the parties had a full legal opportunity to be heard on
their respective claims and contentions, it is on the merits although
there was no actual hearing or arguments on the facts of the case.
[Mendiola v. CA, GR 122807. July 5, 1996]. 2. A judgment which
amounts to a declaration of the law as to the respective rights and
duties of the parties, based upon the ultimate fact or state of facts
disclosed by the pleadings and evidence, and upon which the right of
recovery depends, irrespective of formal, technical or dilatory objection
or contentious [Amer. Inter-Fashion Corp. v. OP, GR 92422. May 23,
1991, citing Vicente J. Francisco, Rev. Rules of Court, Vol. II, pp.
841-842]. See Adjudication on the merits.
Judgment on the pleadings. Rem. Law. A judgment which the court,
on motion of the adverse party, may direct on such partys pleading
where an answer fails to tender an issue, or otherwise admits the
material allegations of the adverse party's pleading. However, in actions
for declaration of nullity of marriage or for legal separation the material
facts alleged in the complaint shall always be proved. [Sec. 1, Rule 34,
RoC].
Judgment rendered through negligence. Crim. Law. The felony
committed by any judge who, by reason of inexcusable negligence or
ignorance shall render a manifestly unjust judgment in any case
submitted to him for decision. [Art. 205, RPC].
Judgment upon a compromise. Rem. Law. A judgment embodying a
compromise agreement entered into by the parties in which they make
reciprocal concessions in order to terminate a litigation already
instituted. [United Housing v. Dayrit, 181 SCRA 285, 293 (1990) citing

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Binamira v. Ogan-Occena, 148 SCRA 677 (1987)]. Compare with
Judgment upon confession.
Judgment upon confession. Rem. Law. A judgment which is rendered
against a party upon his petition or consent. It usually happens when
the defendant appears in court and confesses the right of the plaintiff
to judgment or files a pleading expressly agreeing to the plaintiff's
demand. [De Ocampo v. Florenciano (1960) 107 Phil. 37, cited in 1
Moran's Comments on the Rules of Court, p. 640, 1963 Ed.; Acenas v.
Sison, GR L-17011, 30 Aug. 1963]. Compare with Judgment upon
compromise.
Judicial admission. An admission, verbal or written, made by a party in
the course of the proceedings in the same case, not requiring proof and
may be contradicted only by showing that it was made through
palpable mistake or that no such admission was made. [Sec. 4, Rule
129, RoC]. Compare with Extra-judicial admission.
Judicial and Bar Council (JBC). A body created under the supervision
of the Supreme Court, composed of the Chief Justice as ex officio
Chairman, the Sec. of Justice, and representatives of the Congress as
ex officio Members, a representative of the Integrated Bar, a professor
of law, a retired Member of the Supreme Court, and a representative of
the private sector. It has the principal function of recommending
appointees to the judiciary. [Sec. 8, Art. VIII, 1987 Phil. Const.].
Judicial authority. The courts of justice or judges of said courts vested
with judicial power to order the temporary detention or confinement of
a person charged with having committed a public offense, that is, the
Supreme Court and such inferior courts as may be established by law."
[Sayo v. Chief of Police, GR L-2128. May 12, 1948, citing Art. 125,
RPC].
Judicial compensation. This takes place when the court permits the
counterclaim of the defendant as against the claim of the plaintiff.
Judicial confession. A confession made by the accused before a court
in which the case is pending and in the course of legal proceedings
therein and, by itself, can sustain a conviction. [Claridades, A.,
Compilation of Notes, 2001-2006]. Compare with Extra-judicial
confession.

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Judicial confirmation of incomplete or imperfect title. The only
legal method by which full and absolute title to the land may be
granted, to convert the land into a truly private land. To secure such
judicial title, only the courts can be resorted to. [Meralco v.
Castro-Bartolome, GR 49623; Rep. v. Villanueva, GR 55289, June 29,
1982].
Judicial costs. The statutory allowances to a party to an action for his
expenses incurred in the action, and having reference only to the
parties and to the amounts paid by them. [Damasen v. Hernando, GR
L-49995. Apr. 8, 1981, citing Ballentine Law Dict., 1948 Ed.].
Judicial decisions. Decisions of the Supreme Court which apply or
interpret the Constitution or the laws and are part of the legal system
of the Philippines. Though not laws, they are nonetheless evidence of
what the laws mean, and it is for this reason that they are part of the
legal system of the Philippines. [Columbia Pictures v. CA, GR 110318.
Aug. 28, 1996, citing Paras, Civil Code of the Phil. Annotated, 12th Ed.,
57].
Judicial decree. A decree issued and entered by the Commissioner of
Land Registration, pursuant to an order of the court rendered by the
court in a registration case has become final. It is also called Decree
of Registration. [Morenos Law Dict., 2000 Ed., p. 250].
Judicial deposit or sequestration. It takes place when an attachment
or seizure of property in litigation is ordered. [Art. 2005, CC].
Judicial discretion. The exercise of the judge's individual opinion and
the law has wisely provided that its exercise be guided by well-known
rules which, while allowing the judge rational latitude for the operation
of his own individual views, prevent them from getting out of control.
[Basco v. Rapatalo, AM RTJ-96-1335. Mar. 5, 1997].
Judicial due process. Requisites: (a) There must be a court of tribunal
clothed with the power to hear and determine the matter before it; (b)
jurisdiction shall have been lawfully acquired; (c) the defendant shall
have an opportunity to be heard; and (d) judgment shall be rendered
upon lawful hearing. [Cruz, Constl. Law, 1998 Ed., p. 108, citing, Banco
Espaol v. Palanca, 37 Phil. 921]. Compare with Administrative due
process.

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Judicial function. The faculty of receiving evidence and making factual
conclusions in a controversy which must be accompanied by the
authority of applying the law to those factual conclusions to the end
that the controversy may be decided or determined authoritatively,
finally and definitively, subject to such appeals or modes of review as
may be provided by law. [Cario v. CHR, GR 96681. Dec. 2, 1991].
Judicial inquiry. Requisites: (a) That the question must be raised by
the proper party; (b) that there must be an actual case or controversy;
(c) that the question must be raised at the earliest possible
opportunity; and, (d) that the decision on the constitutional or legal
question must be necessary to the determination of the case itself.
[Cruz, Phil. Pol. Law, 1991 ed., p. 235; Dumlao v. Comelec, GR 50245,
22 Jan. 1980, 95 SCRA 392]. See also Judicial review, power of.
Judicial mistake. A mistake committed by the court in trial. [Morenos
Law Dict., 2000 Ed., p. 251].
Judicial notice. Cognizance of certain facts which the courts may
properly take and act upon without proof. They are based on
considerations of expediency and convenience. [Claridades, A.,
Judicial notice. Requisites: (a) The matter must be one of common and
general knowledge; (b) it must be well and authoritatively settled and
not doubtful or uncertain; and (c) it must be known to be within the
limits of the jurisdiction of the court. [State Prosecutors v. Muro, AM
RTJ-92-876. Sep. 19, 1994, citing 20 Am. Jur., Evidence, Sec. 17, 48].
Judicial officer. A magistrate. The terms magistrate and judicial
officer have been used interchangeably. [Morenos Law Dict., 2000
Ed., p. 251].
Judicial period. The period is fixed by the courts. [Diaz, Bus. Law Rev.,
1991 Ed., p. 16].
Judicial power. The duty of the Courts of Justice to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the

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part of any branch or instrumentality of the government [Sec. 1, Par. 2,
Art. VII, 1987 Phil. Const.].
Judicial process. A writ, warrant, subpoena, or other formal writing
issued by authority of law; also the means of accomplishing an end,
including judicial proceedings, or all writs, warrants, summonses, and
orders of courts of justice or judicial officers. It is likewise held to
include a writ, summons, or order issued in a judicial proceeding to
acquire jurisdiction of a person or his property, to expedite the cause or
enforce the judgment, or a writ, warrant, mandate, or other process
issuing from a court of justice. [Malaloan v. CA, 232 SCRA 249, 257
(1994)].
Judicial question. A question that is to be passed upon by courts of
justice which are manned by judges who have the necessary skill and
competence to resolve it. Thus, an administrative, quasi-judicial agency
is generally not empowered to adjudicate purely judicial questions.
Judicial recognition. See Compulsory recognition of natural
children. Compare with Voluntary recognition of natural
children.
Judicial review. The authority of a court to review the official actions of
other branches of government. Also, the authority to declare
unconstitutional the actions of other branches. [Glossary of Legal Terms
(Pro-Se), 2004].
Judicial review, power of. Requisites: (a) The existence of an actual
and appropriate case; (b) a personal and substantial interest of the
party raising the constitutional question; (c) the exercise of judicial
review is pleaded at the earliest opportunity; and (d) the constitutional
question is the lis mota of the case. [Luz Farms v. Sec. of the DAR, 192
SCRA 51 (1990); Dumlao v. Comelec, 95 SCRA 392 (1980); People v.
Vera, 65 Phil. 56 (1937)]. See also Judicial inquiry.
Judicial stability doctrine. The doctrine of non-interference which has
been regarded as an elementary principle of higher importance in the
administration of justice that the judgment of a court of competent
jurisdiction may not be opened, modified, or vacated by any court of
concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313 (1987), citing
30-A Am Jur 605].

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Judicial supremacy doctrine. 1. The power vested in the judiciary to
annul the acts of either the legislative or the executive or of both when
not conformable to the fundamental law. [Assoc. of Small Landowners
in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343]. 2. The power of
judicial review under the Constitution. [Angara v. Electoral Comm., GR
45081. July 15, 1936].
Judiciary. The branch of government invested with judicial power to
interpret and apply the law; the court system; the body of judges; the
bench. [Glossary of Legal Terms (Pro-Se), 2004].
Judiciary Reorganization Act of 1980, The. BP 129 entitled An Act
reorganizing the judiciary, appropriating funds therefor, and for other
purposes enacted on Aug. 14, 1981.
Judicis est jus dicere, non dare. Lat. It is the duty of a judge to
declare the law, not to make it. [Morenos Law Dict., 2000 Ed., p. 252].
Judicium non debet esse illusorium; suum effectum habere
debet. Lat. A judgment ought not to be illusory; it ought to have its
proper effect. [PAL v. CA, GR 49188. Jan. 30, 1990].
Jueteng. An illegal numbers game that involves the combination of
thirty-seven (37) numbers against thirty-seven (37) numbers from
number one (1) to thirty seven (37) or the combination of thirty-eight
(38) numbers in some areas, serving as a form of local lottery where
bets are placed and accepted per combination, and its variants. [Sec. 2,
RA 9287].
Jugadores. Sp. Gamblers. [US v. Salaveria, GR 13678. Nov. 12, 1918].
Jumbo regular and special. A kind of sparkler similar to a "fountain"
but bigger in size. [Sec. 2, RA 7183].
Jumper. A piece of metal or an electrical conductor used to bypass a
safety device in an electrical system. [Sec. 3, PD 1185].
Junior. Younger. Lower in rank, tenure, preference, or position. [Blacks
Law Dict., Abr. 5th Ed. (1983), p. 442].

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Junior encumbrancer. A lien or mortgage holder who is subordinate to
a prior holder or encumbrancer. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Senior encumbrancer.
Junior lien. Lien which is subordinate to prior lien. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 442]. Compare with Senior lien.
Junior mortgage. A mortgage which is subordinate to another
mortgage, called the priority or prior mortgage. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 442]. Compare with Senior mortgage.
Jura regalia. Lat. 1. A concept which "embodied the universal feudal
theory that all lands were held from the Crown." [Lee Hong Hok v.
David, L-30389, Dec. 27, 1972]. 2. The concept that all natural
resources are owned by the State. [Miners Assoc. of the Phil. V.
Factoran, GR 98332. Jan. 16, 1995].
Jurat. 1. The clause written at the foot of an affidavit or sworn
declaration showing when, where, and before whom the affidavit was
sworn. [Pea, Legal Forms for Conveyancing, 4th Ed. 1994, p. 39]. 2.
Certificate of person and officer before whom a writing is sworn to.
Jure. Lat. From Roman law: by right, under legal authority or by the
authority of the law. A variation, juris means of right" or "of the law."
Jure gestionis. Lat. Private act or acts. [Claridades, A., Compilation of
Notes, 2001-2006].
Jure imperii. Lat. Public acts or acts. [Claridades, A., Compilation of
Notes, 2001-2006].
Jure naturae acquum est neminem cum alterius detrimento et
injuria fieri locupletiorem. Lat. No one shall enrich himself at the
expense of another. [Morenos Law Dict., 2000 Ed., p. 252].
Juridical capacity. The fitness to be the subject of legal relations. [Art.
37, CC]. Compare with Capacity to act.

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Juridical or legal tie. The vinculum or the link which binds the parties
to an obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 24].
Juridical persons. The following are juridical persons: (a) The State
and its political subdivisions; (b) other corporations, institutions and
entities for public interest or purpose, created by law; their personality
begins as soon as they have been constituted according to law; and (c)
corporations, partnerships and associations for private interest or
purpose to which the law grants a juridical personality, separate and
distinct from that of each shareholder, partner or member. [Art. 44,
CC].
Jurisdiction. From Lat. Jus dicere. The right to speak. 1. The power
and authority to hear, try, and decide a case; it does not depend on the
regularity of the exercise of that power. [Herrera v. Barreto, 25 Phil.
245 (1913); Century Ins. v. Fuentes, 2 SCRA 1168 (1961)]. 2. The
power or authority of a court to hear and try a case; the geographic
area in which a court has power or the types of cases it has power to
hear. [Glossary of Legal Terms (Pro-Se), 2004]. 3. International Law.
The right of a State to exercise authority over persons and things within
its boundaries subject to certain exceptions. Thus, a State does not
assume jurisdiction over traveling sovereigns, ambassadors and
diplomatic representatives of other States, and foreign military units
stationed in or marching through State territory with the permission of
the latter's authorities. [Hongkong & Shanghai Banking Corp. v.
Sherman, GR 72494. Aug. 11, 1989, citing J. Salonga, Private Intl. Law,
1981, pp. 37-38]. Compare with Venue.
Jurisdictional facts. Those facts which would give the court jurisdiction
over the proceedings, such as residence of the minor or incompetent,
or the location of his property, or the residence of the person desiring
to adopt. [Morenos Law Dict., 2000 Ed., p. 253].
Jurisdiction, exercise of. The decision of all other questions arising in
the case where there is jurisdiction of the person and subject matter.
[Herrera v. Baretto, GR 8692. Sep. 10, 1913].
Jurisdiction over the person. The power of a court to render
judgment that will be binding on the parties involved, the plaintiff and
the defendant. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 27].

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Jurisdiction over the person of the defendant. Jurisdiction acquired
(by the court) through the following means: voluntary appearance;
personal or substituted service of summons. [Paras, Phil. Conflict of
Laws, 8th Ed. (1996), p. 28, citing Rule 14, RoC].
Jurisdiction over the person of the plaintiff. Jurisdiction acquired
(by the court) from the moment he (the plaintiff) institutes the action
by the proper pleading. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p.
27, citing Manila Railroad v. Atty. Gen., 20 Phil. 523].
Jurisdiction over the res or thing. Jurisdiction over the particular
subject matter in controversy, regardless of the persons who may be
interested thereon. Said jurisdiction may for instance be acquired by
coercive seizure of the property by attachment proceedings. [Paras,
Phil. Conflict of Laws, 8th Ed. (1996), p. 29, citing Banco Espaol v.
Palanca, 37 Phil. 921; Bernabe v. Vergara, 73 Phil. 676].
Jurisdiction over the subject-matter. The power to hear and
determine cases of the general class to which the proceedings in
question belong. [Reyes v. Diaz, GR 48754. Nov. 26, 1941, citing CJS,
p. 36].
Juris et de jure. Lat. Conclusive. [Pakistan Intl. Airlines v. Ople, GR
61594. Sep. 28, 1990].
Jurisprudence. 1. Science of law. Case law, or the legal decisions which
have developed and which accompany statutes in applying the law
against situations of fact. 2. The study of law and the structure of the
legal system. [Glossary of Legal Terms (Pro-Se), 2004].
Jurisprudence constante. In civil law, a settled, fixed or invariable
principle of law. [Morenos Law Dict., 2000 Ed., p. 253].
Juris tantum. Lat. Disputable. [Farolan v. Solmac Marketing Corp., GR
83589. Mar. 13, 1991].
Jury. A certain number of men and women selected according to law and
sworn to try a question of fact or indict a person for public offense.

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Jus. Lat. Word which, in Roman law, means the law or a right. Also
spelled Jus in some English translations. [Duhaime's Legal Dict., 2004].
Jus abutendi. Lat. The right to consume the thing by its use.
Jus ad bellum. Lat. The right to initiate war. The rights of states to start
wars. [Intl. Law Dict. & Direct., 2004].
Jus ad rem. Lat. A real right. [Morenos Law Dict., 2000 Ed., p. 253].
Jus alienis rebus utendi fruendi salva rerum substantia. Lat. The
right to enjoy the property of another with the obligation of preserving
its form and substance. [Vda. De Barreto v. Mapa, GR 45475. Nov. 16,
1937].
Jus civile. Lat. Civ. Law. The Roman law applied to Roman citizens.
Jus cogens. Lat. Intl. Law. A peremptory norm of general international
law accepted and recognized by the international community as whole
as a norm from which no derogation is permitted and which can be
modified only by a subsequent norm of general international law having
the same character. [Sandoval, Pol. Law Reviewer 2003].
Jus commune. Lat. The common right. Law based on Roman law,
canon law, and the interpretations of glossators and commentators,
and common to Europe at the beginning of the Renaissance. [Intl. Law
Jus contra bellum. Lat. Law on the prevention of war. [Dean Tupaz, 24
Hours Before the Bar (1st Ed. 2005), p. 91].
Jus dare. Lat. To make law or give law. [Office of Court Admin. V.
Pascual, AM MTJ-93-783. July 29, 1996].
Jus dicere. Lat. To interpret the law. [Office of Court Admin. V. Pascual,
AM MTJ-93-783. July 29, 1996].
Jus disponendi. Lat. Right to dispose. [Claridades, A., Compilation of
Notes, 2001-2006].

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Jus fruendi. Lat. Right to receive the fruits. [Claridades, A., Compilation
of Notes, 2001-2006].
Jus gentiun. Lat. Law of nations. [Co Cham v. Tan Keh, GR L-5. Sep.
17, 1945]. The Roman law applied to dealings between non-Romans as
well as to dealings between Romans and non-Romans. [Intl. Law Dict.
& Direct., 2004].
Jus gestionis. Lat. Proprietary rights exercised by the State. [Rep. v.
Sandiganbayan, GR 90478. Nov. 21, 1991.]
Jus imperii. Lat. The right of eminent domain exercised by the State.
[Rep. v. Sandiganbayan, GR 90478. Nov. 21, 1991].
Jus in bello. Lat. The law during war. The law regulating combat or the
waging of war. [Intl. Law Dict. & Direct., 2004].
Jus in re. Lat. A real right. [Morenos Law Dict., 2000 Ed., p. 254].
Jus in re aliena. Lat. Right in the property of another person. [Gabuya
v. Cruz, 38 SCRA 98].
Jus luminum. See Easement of light.
Jus naturale. Lat. Natural law. Law inherent in nature that may be
ascertained by reason. [Intl. Law Dict. & Direct., 2004].
Jus possessionis. Lat. Right of possession. [Claridades, A., Compilation
of Notes, 2001-2006].
Jus possidendi. Lat. Right to possess. [Claridades, A., Compilation of
Notes, 2001-2006].
Jus postlimini doctrine. The doctrine holding that when a territory has
been occupied by the enemy comes again into the power of the state
during the progress of a war through conquest or otherwise, the legal
state of the things existing prior to the hostile occupation is
re-established. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 36, citing
Aruego, Intl. Law].
Jus projitiendi. Lat. Continuous easements. [Cortes v. Yu-tibo, GR 911.
Mar. 12, 1903].

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Jus sanguinis doctrine. The principle adhered to by the Philippine law
on citizenship under which a child follows the nationality or citizenship
of the parents regardless of the place of his/her birth. [Claridades, A.,
Jus soli doctrine. The principle under which the nationality or
citizenship of a child is determined on the basis of the place of his/her
birth. [Claridades, A., Compilation of Notes, 2001-2006].
Jus spatiandi et manendi. Lat. Referring to a legal right of way, and to
enjoyment, granted to the public but only for the purposes of
recreation or education, such as upon parks or public squares. Very
similar to an easement of which some courts have said a jus spatiandi
is a special type. [LawInfo Legal Dictionary (2005)].
Jus spillitiendi. Lat. Apparent easements. [Cortes v. Yu-tibo, GR 911.
Mar. 12, 1903].
Jus summi imperu. Lat. The absolute right to govern. [Frivaldo v.
Comelec, GR 120295. June 28, 1996].
Jus suum quique tribuere. Lat. To render to every man his due. [In
re: Jurado, AM 93-2-037 SC. Apr. 6, 1995].
Just. A very short time ago. [Umil v. Ramos, GR 81567. Oct. 3, 1991].
Just-cause dismissal. Labor. A form of termination usually initiated by
the employer, where the latter is not legally bound to pay separation
pay. [Poquiz, Labor Rel. Law, 1999 Ed. p. 349].
Just compensation. The full and fair equivalent of the property sought
to be expropriated. The measure is not the taker's gain but the owner's
loss. The compensation, to he just, must be fair not only to the owner
but also to the taker. Even as undervaluation would deprive the owner
of his property without due process, so too would its overvaluation
unduly favor him to the prejudice of the public. [Berkenkotter v. CA, GR
89980. Dec. 14, 1992].
Just debts. Those claims the existence and justness of which are
admitted by the debtor. [Uy v. Magallanes, Jr., AM P-00-1421, Apr. 11,
2002].

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Justice. Fairness. A state of affairs in which conduct or action is both fair
and right, given the circumstances. In law, it more specifically refers to
the paramount obligation to ensure that all persons are treated fairly.
Justiciable. Issues and claims capable of being properly examined in
court. [Glossary of Legal Terms (Pro-Se), 2004].
Justiciable controversy. An actual controversy, or the ripening seeds
of one which exists between the parties, all of whom are sui juris and
before the court, and that the declaration sought will help in ending the
controversy. A doubt becomes a justiciable controversy when it is
translated into a claim of right which is actually contested. [ Intl.
Hardwood v. UP, GR 52518. Aug. 13, 1991].
Justifying circumstances. Those circumstances wherein the acts of
the actor are in accordance with law and hence, he incurs no criminal
and civil liability. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p.
51].
Justitia est constans et perpetua voluntas jus suum cuique
tribuendi. Lat. Justice is a constant and perpetual determination to
render to everyone what is due him. [Morenos Law Dict., 2000 Ed., p.
254].
Justitia nemini neganda est. Lat. Justice is to be denied to none.
[Phil. Geothermal. Inc. v. NLRC, 236 SCRA 371 (1994)].
Just title. That which is legally sufficient to transfer the ownership or
the real right to which it relates. [Tolentino, Civil Code of the Phil., Vol.
II, Repr. 2001, p. 283-284, citing 4 Manresa 245-246; 248].
Jus utendi. Lat. The right to receive from the thing what it produces.
Jus vindicandi. Lat. The right to recover. [Suarez, Intro. to Law, 1995
3rd Ed., p. 83].
Jus vitae ac necis. Lat. The right of life and death. [Espiritu v. Ca, GR
115640. Mar. 15, 1995].

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-KKadyut lang. Vis. For a moment. [People v. Lo-ar, GR 118935. Oct. 6,

1997].
Kaingin. A portion of the forest land, whether occupied or not, which is
subjected to shifting and/or permanent slash-and-burn cultivation
having little or no provision to prevent soil erosion. [Sec. 3, PD 705].
Kaliwaan. Tag. 1. Simultaneous giving of market money by the
poseur-buyer and handing over of the drugs by the pusher. [People v.
Ponsica, GR 108176. Feb. 14, 1994]. 2. Simultaneous delivery of the
object and the consideration therefor. [Claridades, A., Compilation of
Notes, 2001-2006].
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. [Morenos Law Dict., 2000 Ed., p. 255].
Keeper, watchman and visitor of opium den. Crim. Law. The felony
committed by: 1. anyone who shall act as a keeper or watchman of a
dive or resort where any prohibited drug is used in any manner
contrary to law; and 2. any person who, not being included in the

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provisions of Art. 190 of the Rev. Penal Code, shall knowingly visit any
dive or resort of the character referred to therein. [Art. 191, RPC].
Kelvin. The base unit of the thermodynamic temperature which is the
fraction 1/273.16 of the thermodynamic temperature of the triple point
of water. [Sec. 4, BP 8].
Kidnapping. The unlawful and carrying away of a human being by force
and against his will. [Jurists Legal Dict., 2004].
Kidnapping and failure to return a minor. Crim. Law. The felony
committed by any person who, being entrusted with the custody of a
minor person, shall deliberately fail to restore the latter to his parents
or guardians. [Art. 270, RPC].
Kidnapping and failure to return a minor. Elements: (a) The
offender has been entrusted with the custody of the minor, and (b) the
offender deliberately fails to restore said minor to his parents or
guardians. [People v. Ty, GR 121519. Oct. 30, 1996].
Kidnapping and serious illegal detention. Crim. Law. The felony
committed by any private individual who shall kidnap or detain another,
or in any other manner deprive him of his liberty: (a) if the kidnapping
or detention shall have lasted more than five days; (b) if it shall have
been committed simulating public authority; (c) if any serious physical
injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made; or (d) if the
person kidnapped or detained shall be a minor, female or a public
officer. The penalty shall be death where the kidnapping or detention
was committed for the purpose of extorting ransom from the victim or
any other person, even if none of the circumstances above-mentioned
were present in the commission of the offense. [Art. 267, RPC].
Kilberg doctrine. Conf. of Laws. A rule to the effect that the forum is
not bound by the law of the place of injury or death as to the limitation
on damages for wrongful act because such rule is procedural and hence
the law of the forum governs on this issue. [Agpalo, Conflict of Laws, p.
6].
Killing under exceptional circumstances. Requisites: (a) That a
legally married person or a parent surprises his spouse or his daughter,
the latter under 18 years of age and living with him, in the act of

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

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Know-how. (A word of American origin that has now been adopted as a
term of art in many languages.) Practical expertise acquired from study,
training, and experience. [Intl. Law Dict. & Direct., 2004].
Knowingly. 1. Consciously, intelligently, willfully, or intentionally. [Urada
v. Mapalad, AM MTJ-91-622. Mar. 22, 1993, citing Black's Law Dict., 5th
Ed., 784]. 2. With knowledge, willfully or intentionally with respect to a
material element of an offense. [Jurists Legal Dict., 2004].
Knowingly rendering unjust judgment. Crim. Law. The felony
committed by any judge who shall knowingly render an unjust
judgment in any case submitted to him for decision. [Art. 204, RPC].
Knowingly rendering an unjust judgment. Crim. Law. Elements: (a)
The offender is a judge; (b) he renders a judgment in a case submitted
to him for decision; (c) the judgment is unjust; and, (d) the judge
knows that his judgment is unjust [Reyes, The Rev. Penal Code (1977),
Bk. II, p. 340]. The gist of the offense therefore is that an unjust
judgment be rendered maliciously or in bad faith, that is, knowing it to
be unjust. [Annotation: Malfeasance and Misfeasance of Judges
(Knowingly Rendering Unjust Judgment), 55 SCRA 308, 313-314].
Knowledge. A mental state of awareness about
[Dizon-Pamintuan v. CA, GR. 111426. July 11, 1994].
fact.
Knowledge of a particular fact. Cognizance, consciousness or

awareness of a particular fact, or awareness of the existence of
something, or acquaintance with facts, or having something within the
mind's grasp with certitude and clarity. [Dizon-Pamintuan v. CA, GR.
111426. July 11, 1994].
Kristo. Tag. Cockpit bet caller. [People v. Ganzagan, Jr. GR L-113793.
Aug. 11, 1995].
Kulafo. A local wine. [People v. Buyok, GR 109771. Aug. 25, 1994].
Kulam. Tag. 1. A curse. [People v. Oliquino, GR 94703. May 31, 1993].
2. Witchcraft, sorcery. [People v. Sario, GR L-20754 & L-20759. June
30, 1966].

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Kulang sa isip. Tag. Suffering from mental deficiency. [People v.
Pamor, GR 108599. Oct. 7, 1994].
Kwitis. See Sky rocket.

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-LLabel 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 Med.,
1st Ed. (2004), p. 123].
Labo doctrine. Election Law. The rule (declared by the Supreme Court
in the case of Labo v. Comelec, GR 105111. July 3, 1992) that the
ineligibility of a candidate receiving majority of votes does not entitle
the eligible candidate receiving the next highest number of votes to be
declared elected. A minority or defeated candidate cannot be deemed
elected to the office. In other words, the votes cast for an ineligible or
disqualified candidate cannot be considered stray. [Ang Bagong
Bayani OFW Labor Party v. Comelec, GR 147589, June 25, 2003].
Compare with Grego doctrine.

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Labor. Physical toil, although it does not necessarily exclude the
application of skill, thus there is skilled and unskilled labor. [Azucena,
The Labor Code with Comments and Cases, 4th Ed. 1999, p. 8].
Labor administration. Cases where farm workers are employed wholly
in the agricultural production. [Sec. 166, RA 3844].
Labor Arbiter. The government official which has the exclusive
jurisdiction to hear and decide the following cases involving all workers,
whether agricultural or non agricultural: (a) unfair labor practice cases;
(b) unresolved cases in collective bargaining, including those which
involve wages, hours of work and other terms and conditions of
employment; and (c) all other cases arising from employer-employee
relations duly indorsed by the Regional Directors in accordance with the
provisions of the Labor Code. [Art. 217, LC].
Laboratory equipment. The paraphernalia, apparatus, materials or
appliances when used, intended for use or designed for use in the
manufacture of any dangerous drug and/or controlled precursor and
essential chemical, such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask, heating mantle, gas
generator, or their substitute. [Sec 3, RA 9165].
Labor Code of the Philippines. PD 442 entitled A Decree instituting a
Labor Code, thereby revising and consolidating labor and social laws to
afford protection to labor, promote employment and human resources
development and ensure industrial peace based on social justice
signed into law on May 1, 1974 and took effect on Nov. 1, 1974.
Labor dispute. Controversy concerning the association or
representation of persons in negotiating, fixing, maintaining, changing
or seeking to arrange terms or conditions of employment, regardless of
whether the disputants stand in the proximate relation of employer and
employee. [Sec. 2(j), RA 875].
Labor dispute. Also known as Industrial dispute. Any controversy or
matter concerning terms or conditions of employment or the
association or representation of persons in negotiating, fixing,
maintaining, changing or arranging the terms and conditions of
employment, regardless of whether or not the disputants stand in the
proximate relation of employers and employees. [Art. 212 (1), LC].

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Laborer. A synonym of Employee. Every person who has entered the
employment of, or works under a service or apprenticeship contract for
an employer. It does not include a person whose employment is purely
casual and is not for the purposes of the occupation or business of the
employer. Any reference to the person dependent on him, is defined in
Act No. 3428, as amended, if the context so requires, or, if the
employee is a minor or incapacitated, to his guardian or nearest of kin.
[Sec. 39 [b], Act 3428, as amended by RA 722].
Labor in hooking. The term can consist only of attaching the hook of
the derrick's boom to the sling or net holding a cargo in order that said
cargo may be lifted into the carrying vessel. The "labor in hooking"
could then conceivably require the services of one person to do the
attaching of the hook to the net or sling. [First Plywood Corp. v. CA, GR
84460. Nov. 13, 1992].
Labor legislation. Statutes, regulations and jurisprudence governing
the relations between capital and labor, by providing for certain
employment standards and a legal framework for negotiating, adjusting
and administering those standards and other incidents of employment.
[Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed.
1999, p. 7].
Labor-management committee. A negotiating body in a business
enterprise composed of the representatives of labor and management
created to establish a productivity incentives program, and to settle
disputes arising therefrom in accordance with Sec. 9 of RA 6971. [Sec.
4, RA 6971].
Labor-only contracting. This occurs where the person supplying
workers to an employer does not have substantial capital or investment
in the form of tools, equipment, machineries, work premises, among
others, and the workers recruited and placed by such person are
performing activities which are directly related to the principal business
of such employer. In such cases, the person or intermediary shall be
considered merely as an agent of the employer who shall be
responsible to the workers in the same manner and extent as if the
latter were directly employed by him. [Art. 106, LC]. Compare with Job
contracting.
Labor organization. 1. Any labor union or any auxiliary thereof, such
as a cooperative, a credit union and an institution engaged in research,

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education or communications. [Sec. 2, PD 823]. 2. Any union or
association of employees which exists in whole or in part for the
purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment. [Art. 212, LC].
Labor relations. All aspects of employer-employee relationship which
involve concerted action on the part of the workers. It is usually
associated with all the ramifications of collective bargaining and
negotiations and concerted activities such as strike, picket, mass leave
and the like. [Poquiz, Labor Rel. Law, 1999 Ed. p. 2].
Labor relations law. The law which defines the status, rights and
duties, and the institutional mechanisms, that govern the individual and
collective interactions of employers, employees or their representatives.
1999, p. 7].
Labor sector. The industrial labor group, which includes all
non-agricultural workers and employees. [Sec. 2, EO 198, June 18,
1987].
Labor standards. The minimum requirements prescribed by existing
laws, rules, and regulations relating to wages, hours of work, cost of
living allowance and other monetary and welfare benefits, including
occupational, safety, and health standards [Maternity Children's
Hospital v. Sec. of Labor GR 78909. June 30, 1989, citing Sec. 7, Rule I,
Rules on the Disposition of Labor Standards Cases in the Regional
Office, dated Sep. 16, 1987].
Labor standards law. The law which sets out the minimum terms,
conditions and benefits of employment that employers must provide or
comply with and to which employees are entitled as a matter of legal
right. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th
Ed. 1999, p. 7].
Labor statutes. Laws that govern the rights and obligations of
employers and employees, providing as well for the rules by which such
rights and obligations may be enforced. [Suarez, Stat. Con., (1993), p.
91].
Labor union. A combination or association of workers organized for the
purpose of securing favorable wages, improved labor conditions, better

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hours of labor, etc., and righting grievances against employers. [Blacks
Law Dict., Abr. 5th Ed. (1983), pp. 452-453].
Labor union constitution. A covenant between the union and its
members and among the members. [Johnson and Johnson Labor
Union-FFW v. Dir. of Labor Rel., GR 76427. Feb. 21, 1989].
Lacerated wound. Tear of the skin due to forcible contact with a blunt
instrument. The edges of the wound are irregular and do not
correspond with the wounding instrument. It is usually accompanied
with varying degrees of swelling and contusion. [Morenos Law Dict.,
2000 Ed., p. 259].
Laceration. A wound that is torn rather than cut. It has rugged,
irregular edges and masses of torn or mashed tissue underneath.
Laches. Also known as Stale demand. 1. The failure or neglect for an
unreasonable and unexplained length of time, to do that which, by
exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time,
warranting the presumption that the party entitled to assert it either
has abandoned or declined to assert it. Such neglect or omission to
assert a right taken in conjunction with the lapse of time and other
circumstances causing prejudice to an adverse party, as will operate as
a bar in equity. [Heirs of Batiog Lacamen v. Heirs of Laruan 65 SCRA
125 (1975), Victoriano v. CA, 194 SCRA 19, 24 (1991)]; Jacob v. CA,
224 SCRA 189, 196 (1993)]. 2. A legal doctrine whereby those who
take too long to assert a legal right, lose their entitlement to
compensation. [Duhaime's Legal Dict., 2004].
Laches. Elements: (a) Conduct on the part of the defendant, or of one
under whom he claims, giving rise to the situation complained of; (b)
delay in asserting complainant's right after he had knowledge of the
defendant's conduct and after he has an opportunity to sue; (c) lack of
knowledge or notice on the part of the defendant that the complainant
would assert the right on which he bases his suit; and (d) injury or
prejudice to the defendant in the event relief is accorded to the
complainant. [Claverias v. Quingco, 207 SCRA 66, 83 (1992);
Buenaventura v. CA, 216 SCRA 818, 824 (1992)].

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Lack of cause of action. Civ. Pro. The situation where the evidence
(which) does not sustain the cause of action alleged is raised in a
demurrer to evidence under Rule 33 (of the Rules of Court) after the
plaintiff has rested his case and can be resolved only on the basis of
the evidence he has presented in support of his claim. [Domondon v.
Lopez, AM RTJ-02-1696, June 20, 2002]. Compare with Failure to
state a cause of action.
Lack of legal capacity to sue. The term means either that the plaintiff
does not have the necessary qualifications to appear in the case, or
when he does not have the character or representation which he
claims, as, when he is not a duly appointed executor or administrator of
the estate he supports to represent or that the plaintiff is not a
corporation duly registered in accordance with law. [Recreation and
Amusement Assoc. of the Phils. v. City of Manila, GR L-7922. Feb. 22,
1957, citing I Moran's Comments on the RoC, p. 168, 1952 Ed.].
Lack of personality to sue. 1. It means that plaintiff is not the real
party in interest. [Casimiro v. Roque, 98 Phil. 880 (1956); Gonzales v.
Alegarbes, 99 Phil. 213 (1956)].
Lack of standing. When a plaintiff is not qualified to appear before the
forum court. [Intl. Law Dict. & Direct., 2004].
Lactation management. The general care of a mother-infant nursing
couple during the mother's prenatal, immediate postpartum and
postnatal periods. It deals with educating and providing knowledge and
information to pregnant and lactating mothers on the advantages of
breastfeeding, the physiology of lactation, the establishment and
maintenance of lactation, the proper care of the breasts and nipples,
and such other matters that would contribute to successful
breastfeeding. [Sec. 3, RA 7600].
Lagay. Tag. Demand for and acceptance of "grease money, a form of
graft and corruption so common in the application for licenses and
permits from the government. [Antonio v. Sandiganbayan, GR L-57937.
Oct. 21, 1988].
Lagoon.
A small lake, ordinarily of fresh water, and not very deep,
fed by floods, the hollow bed of which is bounded by elevations of land.
[Govt. of the Phil. v. Colegio de San Jose, GR 30829. Aug. 28, 1929,
citing Enciclopedia Juridica Espaola, Vol. XXI, pp. 124 and 125]

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Lagumbay doctrine. See Statistical improbability doctrine.
Laguna Lake. It refers to Laguna de Bay which is that area covered by
the lake waters, when it is at the average annual maximum lake level of
elevation 12.50 meters, as referred to a datum 10.00 meters below
mean lower low water (MLLW). Lands located at and below such
elevation are public lands which form part of the bed of said lake. [Sec.
29, PD 813].
Lake. 1. An inland body of water, an expanded part of a river, a
reservoir formed by a dam, or a lake basin intermittently or formerly
covered by water. [Sec. 4, RA 8550]. 2. An inland body of water of
considerable size, occupying a natural basin or depression in the earth's
surface below the ordinary drainage level of the region, fed by either
surface water or surface streams or by subterranean streams or
springs, and having little or no current or motion of the waters in any
particular direction. [De Guzman v. Mun. of Taytay, GR 43626. Mar. 7,
1938]. 3. A body of water formed in depressions of the earth. Ordinarily
fresh water, coming from rivers, brooks, or springs are connected with
the sea by them. [Govt. v. Colegio de San Jose, 53 Phil. 423 (1929)].
Lamboid. The line of union or seam connecting the occipetal bones
(posterior part of the skull) and parietal bones (membrane bones of the
roof of the skull). [Morenos Law Dict., 2000 Ed., p. 261].
Lamparahan. Tag. A kerosene lamp which gives off sufficient
illumination. [People v. Almenario, GR 66420. Apr. 17, 1989]. Also
Gasera
Land. The lot leased by one who owns the dwelling thereon and used
principally for such dwelling and not mainly for business. [Sec. 2, RA
6359]. [Sec. 2, RA 6126].
Land assembly or consolidation. The acquisition of lots of varying
ownership through purchase or expropriation of the purpose of planned
and rational development and socialized housing programs without
individual property boundary restrictions. [Sec. 3, RA 7279].
Land banking. The acquisition of land at values based on existing use in
advance of actual need to promote planned development and socialized
housing programs. [Sec. 3, RA 7279].

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Land exchange. The process of bartering land for another piece of land
and/or shares of stock of equal value in a government or
quasi-government corporation. [Sec. 3, PD 1517].
Landholder-lessor. Any person, natural or juridical, either as owner,
lessee, usufructuary or legal possessor or agricultural land, who lets,
leases or rents to another said property for purposes of agricultural
production and for a price certain or ascertainable either in an amount
of money or produce. [Sec. 42, RA 1199]. See Tenant-lessee.
Landing fees. All charges for the use of any landing strip or runway by
any aircraft landing or taking off at the airport. [Sec. 3, RA 224].
Landing field. Any locality, either on water or on land, which is adapted
for landing and taking-off of aircraft located along an airway, and is
intermediate to airports connected by the airway, whether or not
facilities are provided for the shelter, servicing, or repair of aircraft or
for receiving or discharging passengers or cargo. [Sec. 3, RA 776].
Landlocked state. A state that has no seacoast. [Intl. Law Dict. &
Direct., 2004].
Landlord. A land or building owner who has leased the land, the
building or a part of the land or building, to another person. [Duhaime's
Legal Dict., 2004].
Landowner. Any person who is an owner, civil law lessee, usufructuary
or legal possessor of agricultural land. [Morenos Law Dict., 2000 Ed.,
p. 262].
Land Registration Act. Act 496 which took effect Jan. 1, 1903. [Bagsa
v. Nagramada, GR 4383. Aug. 31, 1908].
Landscape architect. A natural person qualified to practice Landscape
Architecture and who has been issued a valid certificate of
registration/professional license and a valid professional identification
card as such by the Board of Landscape Architecture created under RA
9053 and the Professional Regulation Commission (PRC). [Sec. 2, RA
9053].

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Landscape architecture, scope of the practice of. The act of
planning, designing, specifying, supervising and giving general
administration and responsible direction to the functional, orderly and
aesthetic arrangement, changing and development of natural scenery
and land areas to produce the most desirable effect for human use and
enjoyment of various outdoor spaces which consist of landscape
components and the softscape of plants. [Sec. 2, RA 9053].
Land swapping. The process of land acquisition by exchanging land for
another piece of land of equal value, or for shares of stock in a
government or quasi-government corporation whose book value is of
equal value to the land being exchanged, for the purpose of planned
and rational development and provision for socialized housing where
land values are determined based on land classification, market value
and assessed value taken from existing tax declarations. [Sec. 3, RA
7279].
Land transportation operator. The owner or owners of motor vehicles
for transportation of passengers for compensation, including school
buses. [Sec. 373, IC].
Land use. The manner of utilizing the land, including its allocation,
development and management. [Sec. 4, RA 8435].
Land use plan. 1. A document embodying a set of policies accompanied
by
maps
and
similar
illustrations
which
represent
the
community-desired pattern of population distribution and a proposal for
the future allocation of land to the various land-using activities, in
accordance with the social and economic objectives of the people. It
identifies the location, character and extent of the area's land resources
to be used for different purposes and includes the process and the
criteria employed in the determination of the land use. [Sec. 4, RA
8435]. 2. The rational approach of allocating available resources as
equitably as possible among competing user groups and for different
functions consistent with the development plan of the area and the
Program under RA 7279. [Sec. 3, RA 7279].
Land use planning. The act of defining the allocation, utilization,
development and management of all lands within a given territory or
jurisdiction according to the inherent qualities of the land itself and
supportive of sustainable economic, demographic, socio-cultural and

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environmental objectives as an aid to decision-making and legislation.
[Sec. 4, RA 8435].
Lapsus. Lat. Slip. [Sarmiento III v. Mison, GR 79974. Dec. 17,1987].
Lapsus calami. Lat. Clerical error. [PNB v. De La Vina, GR L-21640.
Aug. 28, 1924].
Lapsus linguae. Lat. Slip of the tongue. [Claridades, A., Compilation of
Notes, 2001-2006].
Lapsus plumae. Lat. Slip of the pen. [Claridades, A., Compilation of
Notes, 2001-2006].
Larceny. 1. An old English criminal and common law offence covering
the unlawful or fraudulent removal of another's property without the
owner's consent. The offence of theft now covers most cases of
larceny. But larceny is wider than theft as it includes the taking of
property of another person by whatever means (by theft, overtly, by
fraud, by trickery, etc.) if an intent exists to convert that property to
one's own use against the wishes of the owner. 2. Obtaining property
by fraud or deceit. [Glossary of Legal Terms (Pro-Se), 2004].
Large cattle. 1. Cow, carabao, horse, mule, ass, or other domesticated
member of the bovine family. [Sec. 2, PD 533]. 2. The term, as used in
Art. 310 of the Rev. Penal Code, refers to ganado mayor such as mules,
as distinguished from ganado menor like sheep. [People v. Nazareno,
GR L-40037. Apr. 30, 1976]. See Small cattle.
Large cattle owner or raiser. The herdsman, caretaker, employee or
tenant of any firm or entity engaged in the raising of large cattle or
other persons in lawful possession of such large cattle. [Sec. 2, PD
533].
Large-scale illegal recruitment. Labor. Requisites: (a) the offender
has not been duly licensed to engage in recruitment activities; (b) he
has engaged in illegal recruitment activities, offering employment
abroad for a fee; (c) he has carried out the illegal recruitment activities
against three (3) or more persons. [Dean Tupaz, 24 Hours Before the
Bar (1st Ed. 2005), p. 167, citing People v. Fortuna, Jan. 16, 2003].

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Large taxpayer. A taxpayer who satisfies any of the following criteria:
(a) Value-Added Tax (VAT) Business establishment with VAT paid
or payable of at least One hundred thousand pesos (P100,000) for any
quarter of the preceding taxable year; (b) Excise Tax Business
establishment with excise tax paid or payable of at least One million
pesos (P1,000,000) for the preceding taxable year; (c) Corporate
Income Tax Business establishment with annual income tax paid or
payable of at least One million pesos (P1,000,000) for the preceding
taxable year; and (d) Withholding Tax Business establishment with
withholding tax payment or remittance of at least One million pesos
(P1,000,000) for the preceding taxable year. [Sec. 245, NIRC, as
amended].
Last clear chance doctrine. Also known as the Doctrine of
discovered peril or the Humanitarian doctrine. 1. A doctrine in the
law of torts which states that the contributory negligence of the party
injured will not defeat the claim for damages if it is shown that the
defendant might, by the exercise of reasonable care and prudence,
have avoided the consequences of the negligence of the injured party.
In such cases, the person who had the last clear chance to avoid the
mishap is considered in law solely responsible for the consequences
thereof. [McKee v. IAC, GR 68102. July 16, 1992]. 2. The doctrine may
be stated as follows: Where both parties are negligent in such a way
that it would be impossible to determine whose negligence was the
proximate cause of the accident, the party who had the last clear
chance or opportunity to avoid the accident by the use of proper care
but failed to do so is considered in law solely responsible for the
consequences of the accident [Picart v. Smith 37 Phil 809; Ong v.
Metropolitan Water District, L-7694, Aug. 29, 1958].
Last minutes appointments See Midnight appointments.
Last two. An illegal numbers game where the winning combination is
derived from the last two (2) numbers of the first prize of the winning
Sweepstakes ticket which comes out during the weekly draw of the
Philippine Charity Sweepstakes Office (PCSO), and its variants. [Sec. 2,
RA 9287].
Latent ambiguity. See Intrinsic ambiguity.
Lateran Treaty. Intl. Law. 1. The treaty entered into in 1929 by and
between Italy and the Holy See, where Italy recognized the exclusive

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dominion and sovereign jurisdiction of the Holy See over the Vatican
City. It also recognized the right of the Holy See to receive foreign
diplomats, to send its own diplomats to foreign countries, and to enter
into treaties according to International Law. [Garcia, Questions and
Problems in Intl. Law, Public and Private 81 (1948)]. 2. It established
the statehood of the Vatican City "for the purpose of assuring to the
Holy See absolute and visible independence and of guaranteeing to it
indisputable sovereignty also in the field of international relations.
[O'Connell, I Intl. Law 311 (1965)].
Laundry detergent. A product containing a surfactant and other
ingredients, formulated to clean and care for the many different fabrics
in the family wash. [Sec. 2, RA 8970].
Law. 1. A rule of conduct, just and obligatory, laid down by legitimate
authority for the common observance and benefit. [Suarez, Stat. Con.,
(1993), p. 36, citing Sanchez Roman, 23]. 2. All the rules of conduct
that have been approved by the government and which are in force
over a certain territory and which must be obeyed by all persons on
that territory. [Duhaime's Legal Dict., 2004].
Lawful interest. The rate of interest prescribed by law as the highest
which may be lawfully contracted for or exacted. [Martin,
415]. Compare with Legal interest.
Lawful means. The means employed (in the exercise of police power)
which are reasonably necessary to the attainment of the object sought
to be accomplished and not unduly oppressive upon individuals. [DECS
v. San Diego, GR 89572. Dec. 21, 1989].
Lawful subject. The interests of the public generally (in the exercise of
police power), as distinguished from those of a particular class, which
require the interference of the State. [DECS v. San Diego, GR 89572.
Dec. 21, 1989].
Law merchant. Also Law mercatoria. 1. A body of law relating to
certain mercantile transactions and instruments of widespread use, now
incorporated into, and regarded as part of, the common law. 2. A
collection of rules recognized by merchants through the centuries and
subsequently adopted by legislation (notably in common law countries).

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Law of nations. The body of legal rules binding on states in their
international dealings with other states. [Intl. Law Dict. & Direct.,
2004].
Law of overwhelming necessity. The police power of the State which
is a power coextensive with self-protection. It may be said to be that
inherent and plenary power in the State which enables it to prohibit all
things hurtful to the comfort, safety, and welfare of society. [Phil.
Assoc. of Service Exporters, Inc. v. Drilon, GR 81958, June 30, 1988].
Law of the case. 1. The opinion delivered on a former appeal. More
specifically, it means that whatever is once irrevocably established, as
the controlling legal rule of decision between the same parties in the
same case continues to be the law of the case, whether correct on
general principles or not, so long as the facts on which such decision
was predicated continue to be the facts of the case before the court.
[People v. Pinuila, GR L-11374, May 30, 1958, 55 Off. Gaz., 4228, citing
21 CJS 330]. 2. An established rule that when an appellate court passes
on a question and remands the cause to the lower court for further
proceedings, the question there settled becomes the law of the case
upon subsequent appeal. [Trinidad v. Archbishop of Manila, 63 Phil.
881,913, citing Ballentine Law Dict.].
Law of the flag. The conflict of laws rule, still found in many national
laws and international conventions, which subjected various maritime
law matters to the law of the flag or port of registry of the ship. The
concept bore the imprint of nineteenth-century theories of the law of
the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the
emergence of flags of convenience, double-flagging, flagging out, and
the increasing insistence in many international conventions on a
genuine link between the flag and the ship, have reduced the
importance of the law of the flag to merely one contact, or connecting
factor, among others in maritime conflicts of law. [Tetley, Glossary of
Law of the person. Also Lex patriae. Wherever a person is a citizen,
he had his laws follow him throughout the world. The French Emperor
Napoleon Bonaparte promoted this approach in the first Civil Code of
France (1804). He believed that the French Civil Code was superior to
all other forms of law, and thus French citizens should benefit from it,
wherever they were. The original Civil Code of France, at the third

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paragraph of article three, invoked the law of the citizen for questions
of status and capacity. Mancini advanced the lex patriae theory further
in the second half of the nineteenth century. The law of the flag, as a
concept, was very similar to the concept of the law of the citizen, or
person, of Napoleon and Mancini. [Tetley, Glossary of Conflict of Laws,
2004].
Law on municipal corporations. The study of the general principal
principles governing municipal corporations, the laws affecting the
creation, organization and the government of provinces, cities,
municipalities and barangays; the scope and application of the powers
of municipal ordinances, contracts, liabilities, and enterprises. [Suarez,
Law on public officers. A study of the creation, modification and
dissolution of public office as well as the eligibility of public officers, the
manner of their election or appointment and assumption of office, their
rights, duties, powers, inhibitions and liabilities, and the modes of
terminating official relations. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 2].
Law society. Group of individuals interested in the law. [Intl. Law Dict.
& Direct., 2004].
Law study. The acquisition of knowledge of the law, as by reading or
reflection, commonly as part of a course of study at a college or
university. [Intl. Law Dict. & Direct., 2004].
Lawsuit. An action or proceeding in a civil court; term used for a suit or
action between two private parties in a court of law. [Glossary of Legal
Lawyer. A person trained in the law and authorized to advise or
represent others in legal matters. A person licensed to practice law.
[Blacks Law Dict., 6th Ed., p. 888]. Also known as an
Attorney-at-Law.
Lawyers oath. See Attorneys oath.

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Lay corporation. A corporation organized for a purpose other than
religion. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39].
Compare with Ecclesiastical corporation.
Lay days. The days that a charterer may keep a chartered ship idle for
the loading of goods. [Intl. Law Dict. & Direct., 2004].
Laying the predicate. Evid. The requisites comprising the proper
procedure for impeaching a witness by evidence of alleged inconsistent
statements, that is: (a) by confronting the witness with such
statements, with the circumstances under which they were made; (b)
by asking him whether he made such statements, and (c) by giving him
the chance to explain the inconsistency. If the statements were made in
writing, the documents must be shown to the witness before he may be
asked to explain the discrepancy. Unless the witness is given the
opportunity to explain the inconsistency, the impeachment is
incomplete. [Regalado, Remedial Law Compendium, 6th Rev. Ed., p.
537, citing US v. Baluyot, 40 Phil. 385; People v. Rosabal, 50 Phil. 780;
People v. Escosura, 46 OG 918].
Lay-off. A termination initiated by the employer without prejudice to
recall or rehiring of a worker who has been temporarily separated from
the service. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. See
Retrenchment.
Leading questions. 1. A question which suggests to the witness the
answer which the examining party desires. [Sec. 10, Rule 132, RoC]. 2.
Questions which are so put that the witness merely assents to or
dissents from a statement or assertion of an examining counsel put
with such vocal inflection as to be a question. [People v. Caparas, GR
L-47411. Jan. 18, 1982, citing 23 CJS 40]. 2. Questions which suggests
an answer; usually answerable by yes or no. These are forbidden to
ensure that the witness is not coached by their lawyer through his
testimony. Leading questions are only acceptable in cross-examination
or where a witness is declared hostile. [Duhaime's Legal Dict., 2004].
Compare with Misleading question.
League of Nations. Intergovernmental organization, established in
1919 at the Paris Peace Convention, for the promotion of international
peace and security. Dissolved in 1946. Its assets (including the Palais
des Nations in Geneva) were transferred to the United nations. [Intl.

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Learner. 1. Labor. Persons hired as trainees in semi-skilled and other
industrial occupations which are non-apprenticeable and which may be
learned through practical training on the job in a relatively short period
of time which shall not exceed three months. [Art. 73, LC]. 2. Basic
Education Act of 2001. Any individual seeking basic literacy skills and
functional life skills or support services for the improvement of the
quality of his/her life. [Sec. 4, RA 9155].
Learnership agreement. The employment and training contract
entered into between the employer and the learner. [Art. 73, LC].
Learning center. A physical space to house learning resources and
facilities of a learning program for out-of-school youth and adults. It is
a venue for face-to-face learning and activities and other learning
opportunities for community development and improvement of the
people's quality of life. [Sec. 4, RA 9155].
Learning facilitator. The key learning support person who is
responsible for supervising/facilitating the learning process and
activities of the learner. [Sec. 4, RA 9155].
Lease. A contract whereby a person grants temporarily the use of a
thing for an agreed consideration. [Morenos Law Dict., 2000 Ed., p.
264].
Lease contract. 1. A consensual, bilateral, onerous and commutative
contract by which one person binds himself to grant temporarily the
use of a thing or the rendering of some service to another who
undertakes to pay some rent, compensation or price. [Kilosbayan v.
Morato, GR 118910. July 17, 1995, citing 5 Padilla, Civil Code 611 (6th
Ed. 1974)]. 2. A special kind of contract between a property owner and
a person wanting temporary enjoyment and use of the property, in
exchange for rent paid to the property owner. Where the property is
land, a building, or parts of either, the property owner is called a
landlord and the person that contracts to receive the temporary
enjoyment and use is called a tenant. [Duhaime's Legal Dict., 2004].
Leasehold. Real property held under a lease. [Duhaime's Legal Dict.,
2004].

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Leave. 1. Willful departure with intent to remain away and not
temporary absence with intention of returning. [Black's Law Dict., Rev.
4th Ed., p. 1036 citing Landreth v. Casey, 340 Ill. 519, 173 NE 84, 85].
2. A positive and voluntary act of departure and does not include death,
which is involuntary. [Marcopper Mining Corp. v. NLRC, GR 83207. Aug.
5, 1991]. 3. Permission or authorization to do something. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 462].
Leave of court. Permission obtained from a court to take some action
which, without such permission, would not be allowable. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 462].
Lechery. Lust. [Claridades, A., Compilation of Notes, 2001-2006].
Ledger. A book of final entry to which are posted the classified accounts
or items of all transactions entered in the journal or its equivalent.
Ed., p. 34].
Legacy. 1. A provision in a will which leaves certain property to a
designated individual. Sometimes referred to as a bequest. [Torres,
Oblig. & Cont., 2000 Ed., p. 352]. 2. Gifts of personal property given by
virtue of a will. Compare with Devise.
Legal aid. Professional legal services available usually to persons or
organizations unable to afford such services. [Glossary of Legal Terms
(Pro-Se), 2004].
Legal capacity. Intl. Law. Qualification or authority, such as the
qualification or authority to carry on international relations. [Intl. Law
Legal capacity to sue. It refers to the fact that a party is not suffering
from any disability such as minority, insanity, covertures, lack of
juridical personality, incompetence, civil interdiction or does not have
the character or representation which he claims or with respect to
foreign corporation, that it is doing business in the Philippines with a
license. [Bench Book for Trial Court Judges, p. 2-19].

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Legal capital. Corp. Law. The amount equal to the aggregate par value
and/or issued value of the outstanding capital stock. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., pp. 53-54].
Legal compensation. Compensation which takes place by operation of
law, even though the debts may be payable at different places, but
there shall be an indemnity for expenses of exchange or transportation
to the place of payment. [Art. 1286, CC]. Compare with Voluntary
compensation.
Legal custody. A child custody decision which entails the right to make,
or participate in, the significant decisions affecting a child's health and
welfare. [Duhaime's Legal Dict., 2004].
Legal delivery. See Constructive delivery.
Legal discretion. Discretion which is exercised in discerning the course
prescribed by law and which, when discerned, it is the duty of the court
to follow. [People v. Dacuycuy, GR L-45127. May 5, 1989, citing 16 Am.
Jur. 2d, 902].
Legal dispute. A disagreement as to the existence of a legal right or
obligation, or as to the nature and extent of the compensation due for
the breach of such a right or obligation. [Intl. Law Dict. & Direct.,
2004].
Legal document available. The papers at hand with respect to the
property. [Memo. from the Exec. Sec. dated Aug. 20, 1998].
Legal duty. In libel, a provision of law conferring upon the accused the
duty to communicate. [Morenos Law Dict., 2000 Ed., p. 265].
Legal easements. Easements imposed by law which have for their
object either public use or the interest of private persons. [Art. 634,
CC].
Legal estate in fee simple. An interest in real estate in the form of
absolute ownership, subject only to legal limitations. [Morenos Law
Dict., 2000 Ed., p. 265].

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Legal ethics. The branch of moral science which treats of the duties
which an attorney owes to the court, to his client, to his colleagues in
the profession and to the public. [Malcolm, Legal and Judicial Ethics].
Legal ethics and professional responsibility. The area of law that
involves the principles of conduct governing an individual or a group,
specifically the legal industry. [LawInfo Legal Dictionary (2005)].
Legal evidence. Evidence which is not confined to the human voice or
oral testimony but also includes every tangible object capable of
making a truthful statement. [Morenos Law Dict., 2000 Ed., p. 265].
Legal exchange rate. Also Par of change. The official rate of
exchange, established by a government, in contrast to the free market
rate. It signifies the amount it takes of one currency (for example,
based on gold) to buy a unit in another currency (also based on gold)
that is, how many pieces of the one unit (or their gold content) are
necessary to equal the gold content of the other unit. [Gonzalo L.
Manuel & Co. v. Central Bank, GR L-21789. Apr. 30, 1971, citing Dict.
of Foreign Trade, Henius, p. 294 and 467].
Legal guardian. Any person duly appointed by a court of competent
authority to exercise care and custody of or parental authority over the
person of such child/employee. [Sec. 2, RA 7658].
Legal heirs. The term is used in Sec. 119 of the Public Land Act in a
generic sense. It is broad enough to cover any person who is called to
the succession either by provision of a will or by operation of law. Thus,
legal heirs include both testate and intestate heirs depending upon
whether succession is by the will of the testator or by law. Legal heirs
are not necessarily compulsory heirs but they may be so if the law
reserves a legitime for them. [Madarcos v. Dela Merced, GR 39975.
June 30, 1989]. See Intestate heirs.
Legal impossibility. Crim. Law. This occurs where the intended acts,
even if completed, would not amount to a crime. Legal impossibility
would apply to those circumstances where: (a) the motive, desire and
expectation is to perform an act in violation of the law; (b) there is
intention to perform the physical act; (c) there is a performance of the
intended physical act; and (d) the consequence resulting from the
intended act does not amount to a crime. [Intod v. CA, GR 103119.
Oct. 21, 1992].

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Legal interest. That rate of interest fixed by law at 12% per annum
which will prevail in the absence of any special agreement as to the
rate between the parties. [Martin, Commentaries and Jurisp. on Comml.
Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Lawful interest.
Legal jeopardy. Requisites: It attaches only (a) upon a valid indictment,
(b) before a competent court, (c) after arraignment, (d) a valid plea
having been entered, and (e) the case was dismissed or otherwise
terminated without the express consent of the accused. [Martinez v.
CA, GR 112387. Oct. 13, 1994]
Legal liability. The state of one who is bound in law and justice to do
something which may be enforced by action. [Morenos Law Dict., 2000
Ed., p. 266].
Legally-free child. A child who has been voluntarily or involuntarily
committed to the DSWD, in accordance with the Child and Youth
Welfare Code. [Sec. 3, RA 8043].
Legal medicine. That branch of medicine that applies medical and
surgical concepts, scientific knowledge and skills to medicolegal issues
in order to assist the trier of facts in the proper dispensation of justice.
Legal name. The full first Christian name and surname. [Morenos Law
Dict., 2000 Ed., p. 266].
Legal offer. A proposal which must be certain as to the object, the price
and other essential terms of the contract. [Art. 1319, CC].
Legal order. The authoritative code of a polity. Such code consists of all
the rules found in the enactments of the organs of the polity. Where
the state operates under a written constitution, its organs may be
readily determined from a reading of its provisions. Once such organs
are ascertained, it becomes an easy matter to locate their enactments.
The rules in such enactments, along with those in the constitution,
comprise the legal order of that constitutional state. [In Re: Puno, AM
90-11-2697-CA. June 29, 1992].
Legal or intestate succession. Legal or intestate succession takes
place: (a) if a person dies without a will, or with a void will, or one

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which has subsequently lost its validity; (b) when the will does not
institute an heir to, or dispose of all the property belonging to the
testator. In such case, legal succession shall take place only with
respect to the property of which the testator has not disposed; (c) if
the suspensive condition attached to the institution of heir does not
happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right of
accretion takes place; (d) when the heir instituted is incapable of
succeeding, except in cases provided in the Civil Code. [Art. 960].
Compare with Testamentary succession.
Legal ownership. The title of one who has the naked ownership.
Legal period. The period is fixed by law. [Diaz, Bus. Law Rev., 1991
Ed., p. 16].
Legal possessor. 1. One who, but for the reservation of strict legal title
in the conditional vendor, or giving of a strict legal title in a conditional
vendor, or the giving of a strict legal title to a chattel mortgagee, would
have the status of a full and unqualified owner. 2. One who can do all
acts of ownership or acts of strict dominion except that he does not
have strict legal title over the property. [Morenos Law Dict., 2000 Ed.,
p. 266].
Legal process. A formal paper that is legally valid; something issuing
from the court, usually a command such as a writ or mandate.
Legal redemption. The right to be subrogated, upon the same terms
and conditions stipulated in the contract, in the place of one who
acquires a thing by purchase or dation in payment, or by any other
transaction whereby ownership is transmitted by onerous title. [Art.
1619, CC]. Compare with Conventional redemption.
Legal representatives. Succ. 1. Legatees and devisees of a deceased
who become such from the moment of death of the latter because they
are beneficially interested in and succeed to the properties and rights of
the decedent. 2. The term has been used to designate an administrator
or executor, devisees and legatees, children, brothers and sisters, and
almost all degrees of relationship. [Morenos Law Dict., 2000 Ed., p.
267].

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Legal residence. The term imports not only intention to reside in a
fixed place but also personal presence in that place, coupled with
conduct indicative of such intention. [Chieng Yen v. Rep., GR L-18885.
Jan. 31, 1964].
Legal resident. A person who has obtained permanent residency status
in accordance with the law of the host country. [Sec. 2, IRR, RA 8042].
Legal right. A right founded in or granted by law. [Morenos Law Dict.,
2000 Ed., p. 267].
Legal separation. The separation of the husband and wife from bed
and board without having the marriage bond severed. [Claridades, A.,
Legal separation. Grounds: (a) Repeated physical violence or grossly
abusive conduct directed against the petitioner, a common child, or a
child of the petitioner; (b) physical violence or moral pressure to
compel the petitioner to change religious or political affiliation; (c)
attempt of respondent to corrupt or induce the petitioner, a common
child, or a child of the petitioner, to engage in prostitution, or
connivance in such corruption or inducement; (d) final judgment
sentencing the respondent to imprisonment of more than six years,
even if pardoned; (e) drug addiction or habitual alcoholism of the
respondent; (f) lesbianism or homosexuality of the respondent; (g)
contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad; (h) sexual infidelity or perversion;
(i) attempt by the respondent against the life of the petitioner; or (j)
abandonment of petitioner by respondent without justifiable cause for
more than one year. [Art. 55, FC].
Legal separation, petition for. Grounds for denial: (a) Where the
aggrieved party has condoned the offense or act complained of; (b)
where the aggrieved party has consented to the commission of the
offense or act complained of; (c) where there is connivance between
the parties in the commission of the offense or act constituting the
ground for legal separation; (d) where both parties have given ground
for legal separation; (e) where there is collusion between the parties to
obtain decree of legal separation; or (f) where the action is barred by
prescription. [Art. 56, FC].

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Legal sovereignty. Pol. Law. The supreme authority to enact laws to
issue final commands. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p.
35]. Compare with Political sovereignty.
Legal standing. A personal and substantial interest in the case such
that the party has sustained or will sustain direct injury as a result of
the governmental act that is being challenged. [De Joya v. PCGG, GR
96541. Aug. 24, 1993]. See Locus standi.
Legal subrogation. Subrogation which takes place without agreement
but by operation of law because of certain acts; this is the subrogation
referred to in Art. 1302 of the Civil Code. [Chemphil v. CA, GR
112438-39. Dec. 12, 1995, citing Tolentino, Commentaries & Jurisp. on
the Civil Code of the Phil., Vol. IV, pp. 401-402].
Legal tender. 1. That currency which has been made suitable by law for
the purposes of a tender of the payment of debts. [Peralta v. Serrano,
GR L-16523. Nov. 29, 1960, citing 2 Bouvier's Law Dict. (3rd Rev.)
1912]. 2. That currency which a debtor can legally compel a creditor to
accept in payment of a debt both private and public. [Diaz, Bus. Law
Rev., 1991 Ed., p. 40].
Legal title. Title of one who has the naked ownership. [Morenos Law
Dict., 2000 Ed., p. 267].
Legal writing. A specialized field of writing, the main concentration of
which is the grammatical use of English. It may be divided into two
main forms: advisory and argumentative. The purpose of the former is
to inform, like opinion letters to clients. The purpose of the latter is to
persuade, like memorandums and briefs. [Cruz and Quiason,
Fundamentals of English Grammar, 2001 Ed., pp. 7-8].
Legatees. Persons to whom gifts of personal property are given by
virtue of a will. [Art. 782, CC].
Legation, right of. Intl. Law. The right of a state to maintain diplomatic
relations with other states. The right to send diplomatic representatives
is know as the active right of legation while the right to receive
diplomatic representatives is known as the Passive right of legation.

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Leges posteriores priores contrarias abrogant. Lat. A later statute
which is repugnant to an earlier statute is deemed to have abrogated
the earlier one on the same subject matter. [Carabao, Inc. v.
Agricultural Productivity Commission, GR L-29304. Sep. 30, 1970].
Legis interpretatio legis vim obtinet. Lat. The interpretation placed
upon the written law by a competent court has the force of law.
[People v. Jabinal, GR L-30061. Feb. 27, 1974].
Legislation. The act of giving or enacting laws; the power to make laws
via legislation in contrast to court-made laws. [Glossary of Legal Terms
(Pro-Se), 2004].
Legislative authorization. (The second step in the government
budgeting process at which) stage, Congress enters the picture and
deliberates or acts on the budget proposals of the President, and
Congress in the exercise of its own judgment and wisdom formulates
an appropriation act precisely following the process established by the
Constitution, which specifies that no money may be paid from the
Treasury except in accordance with an appropriation made by law.
[Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991].
Legislative contempt. The power which though not expressly vested in
Congress by the Constitution has been invoked by the legislative body
to punish non-members for contempt and as a means of preserving its
authority and dignity [Arnault v. Nazareno, 87 Phil. 29 (1950); Arnault
v. Balagtas, 97 Phil. 358 (1955)].
Legislative power. 1. The authority of the legislature to make laws and
to alter or repeal them. [Suarez, Stat. Con., (1993), p. 52]. 2. It is
vested in the Congress of the Philippines consisting of the Senate and
the House of Representatives. [Sec. 1, Art. VI, 1987 Const.].
Legislative rules. Rules which are in the nature of subordinate
legislations, designed to implement a primary legislation by providing
the details thereof. In the same way that laws must have the benefit of
public hearing, it is generally required that before a legislative rule is
adopted there must be hearing. [Misamis Or. Assoc. of Coco Traders v.
DOF Sec., GR 108524. Nov. 10, 1994]. Compare with Interpretative
rule.

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Legitimacy of a child. Grounds for impugning: (a) That it was
physically impossible for the husband to have sexual intercourse with
his wife within the first 120 days of the 300 days which immediately
preceded the birth of the child because of: (a.1) the physical incapacity
of the husband to have sexual intercourse with his wife; (a.2) the fact
that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or (a.3) serious illness of the
husband, which absolutely prevented sexual intercourse; (b) that it is
proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the
second paragraph of Art. 164, FC; or (c) that in case of children
conceived through artificial insemination, the written authorization or
ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. [Art. 166, FC].
Legitimate. That which is legal, lawful, recognized by law or according
to law. [Glossary of Legal Terms (Pro-Se), 2004].
Legitimate children. 1. Children conceived or born during the marriage
of the parents. [Art. 164, FC]. 2. Those originally natural children but
later considered as legitimate by virtue of their recognition by both
parents and the latters' subsequent marriage. [In Re: Hofillena v. Rep.,
GR L-26476. Aug. 31, 1970, citing 4 Castan, 6th Ed., p. 6a; Art. 271,
CC]. Compare with Illegitimate children.
Legitimated children. Children conceived and born outside of wedlock
of parents who, at the time of the conception of the former, were not
disqualified by any impediment to marry each other. [Art. 177, FC].
Legitimate labor organization. Any labor organization duly registered
with the DOLE, and includes any branch or local thereof. [Art. 212(h),
LC].
Legitimation. It takes place by a subsequent valid marriage between
parents. The annulment of a voidable marriage shall not affect the
legitimation. [Art. 178, FC]. Its effects shall retroact to the time of the
child's birth. [Art. 180, FC].
Legitimation. Requisites: (a) That the child be a natural child; (b) that
he be recognized by both parents either before or after a valid
marriage; and (c) that there be a subsequent valid marriage of the

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parents [De Santos v. Angeles, GR 105619. Dec. 12, 1995, citing Paras,
Civil Code of the Phil. Annotated, 1984 Ed. Vol. I, p. 651].
Legitime. Succ. That part of the testator's property which he cannot
dispose of because the law has reserved it for certain heirs who are,
therefore, called compulsory heirs. [Art. 886, CC].
Legua communal. Sp. Communal lands. A property held by a
municipality for the state in trust for the inhabitants which the state is
free to dispose of at will. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p.
191, citing Salas v. Jarencio, GR L-29788. Aug. 30, 1972].
Lend. A purchase coupled with an agreement by the vendor to
repurchase; Borrow includes a sale coupled with a similar agreement.
[Sec. 3, RA 2629].
Lending investors. All persons who make a practice of lending money
for themselves or others at interest. [Sec. 1, PD 426].
Leniency. Recommendation for a sentence less than the maximum
allowed. [Glossary of Legal Terms (Pro-Se), 2004].
Leprosy. A chronic, mildly contagious, infectious disease characterized
by both cutaneous and constitutional symptoms and the production of
various deformities and mutilations. [Clemente v. GSIS, GR L-47521.
July 31, 1987].
Lesbian. Also Tribadist. Legal Med. A woman homosexual who has the
secret desire to make love with another woman and most of whom
have antipathy towards men. [Olarte, Legal Med., 1st Ed. (2004), p.
113].
Lesion. 1. Civ. Law. Any damage suffered by reason of the fact that the
price is unjust or inadequate. [Diaz, Bus. Law Rev., 1991 Ed., p. 75]. 2.
Legal Med. Any change in the structure of an organ due to injury or
disease, whether apparent or diagnosed as the cause of a functional
irregularity or disturbance. 2. Civ. Law. The injury suffered by one who
does not receive a full equivalent for what he has given in a
commutative contract. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 469].

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Lesiones graves. Sp. Grave physical injuries. [US v. Perez, GR 11451.
Oct. 19, 1916].
Lesiones leves. Sp. Slight physical injuries. [US v. Perez, GR 11451.
Oct. 19, 1916].
Lesiones menos graves. Sp. Less grave physical injuries. [US v. Perez,
GR 11451. Oct. 19, 1916].
Lessee. 1. The person renting a residential unit. [Sec. 2, BP 25; Sec.4,
RA 9161]. 2. The person and/or his family renting the dwelling place,
as well as sub-lessees. [Sec. 2, RA 6359; Sec. 2, RA 6126].
Less grave felonies. Those felonies which the law punishes with
penalties which in their maximum period are correctional, in accordance
with Art. 25 of the Rev. Penal Code. [Art. 9, RPC].
Lessor or owner. The owner or administrators or agents of the owner
of the residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. Owner of the
dwelling place and/or residential site or the administrator or agent of
such owner, as well as sub-lessors. [Sec. 2, RA 6359; Sec. 2, RA 6126].
Less serious physical injuries. Crim. Law. The felony committed by
any person who shall inflict upon another physical injuries not described
in Art. 263 and 264 of the Rev. Penal Code, but which shall incapacitate
the offended party for labor for ten days or more, or shall require
medical assistance for the same period; or by any person who shall
inflict less serious physical injuries with the manifest intent to kill or
offend the injured person, or under circumstances adding ignominy to
the offense; or by any person who shall inflict any less serious physical
injuries upon the offender's parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority, provided that, in
the case of persons in authority, the deed does not constitute the crime
of assault upon such person. [Art. 265, RPC].
Letter. A message in writing, which may be in any language or in code,
contained in a sealed or unsealed envelope or not in an envelope at all,
of such physical dimensions and weights allowed by the Corporation or
the Government, and intended for delivery to a person or entity
displayed legibly on one of its faces. [Sec. 2, RA 7354].

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Letter of credence. Also Lettre de creance. Intl. Law. The document
carried by a diplomatic representative by virtue of which he is
accredited to the receiving state with the request that full faith and
credit be given to his official acts. [Cruz, Intl. Law Reviewer, 1996 Ed.,
pp. 83-84].
Letter of credit. 1. A letter issued by one merchant to another for the
purpose of attending to a commercial transaction. [Art. 567, Code of
Commerce]. 2. A financial device developed by merchants as a
convenient and relatively safe mode of dealing with sales of goods to
satisfy the seemingly irreconcilable interests of a seller, who refuses to
part with his goods before he is paid, and a buyer, who wants to have
control of the goods before paying. [Bank of America v. CA, GR
105395. Dec. 10, 1993].
Letter of credit. Essential conditions: (a) Issued in favor of a definite
person; (b) amount is fixed or specified; (c) duration of six months, if
used in the Philippines, or one year, if used abroad, unless the parties
provide for a different period. [Arts. 568 and 572, Code of Commerce].
Letter of Instructions. A directives of the President of the Philippines,
issued in the exercise of his administrative power of control, to heads of
departments and/or officers under the executive branch of the
government for observance by the officials and/or employees thereof.
[People v. CFI of Bulacan, GR L-53674-75. July 11, 1988].
Letter patent. Also Lettre de provision. Intl. Law. The commission
issued by the sending state from which consuls derive their authority.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 90]. Compare with Exequatur.
Letters of administration. Spec. Pro. 1. The documents issued by the
court to the person named as administrator therein, if no executor is
named in the will, or the executor or executors are incompetent, refuse
the trust, or fail to give bond, or a person dies intestate. [Sec. 6, Rule
78, RoC]. 2. Legal document issued by a court that shows an
administrator's legal right to take control of assets in the deceased
person's name. [Jurists Legal Dict., 2004]. Compare with Letters
testamentary.
Letters rogatory. Rem. Law. An instrument sent in the name and by
the authority of a judge or court to another, requesting the latter to
cause to be examined, upon interrogatories filed in a cause pending

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before the former, a witness who is within the jurisdiction of the judge
or court to whom such letters are addressed. [Dasmarias Garments v.
Reyes, GR 108229. Aug. 24, 1993, citing Feria, J., Civil Procedure, 1969
ed., p. 635].
Letters testamentary. Spec. Pro. The documents issued by the court
on a will which has been proved and allowed to the person named as
executor therein, if he is competent, accepts the trust, and gives bond
as required by the Rules. [Sec. 4, Rule 78, RoC]. Legal document
issued by a court that shows an executor's legal right to take control of
assets in the deceased person's name. [Jurists Legal Dict., 2004].
Compare with Letters of administration.
Lettre de creance. See Letter of credence.
Lettre de provision. See Letter patent.
Lettres reversals. Intl. Law. Fr. Declarations that an alteration in
ceremonial practices is being made only as an exception to the general
rule. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1059].
Leukemia. A disease characterized by persistent increase in the white
blood corpuscles, associated with changes in the spleen, lymphatic
glands and bone marrow. [Eliseo v. WCC, GR L-43468. July 21, 1978,
citing Maloy, M.D., Medical Dict. for Lawyers, p. 350].
Levy. 1. The seizure of property, personal and/or real, belonging to the
judgment debtor for subsequent execution sale to satisfy judgment.
[Bench Book for Trial Court Judges, p. 2-59]. 2. The essential act by
which the property is set apart for the satisfaction of the judgment and
taken into the custody of the law, and after it has been taken from the
defendant, his interest is limited to its application to the judgment,
irrespective of the time when it may be sold. [Jalandoni v. PNB, GR
L-47579. Oct. 9, 1981]. Compare with Garnishment.
Levy-and-grant system. A legal contribution (often a percentage of
the payroll) from participating employers who would be beneficiaries of
a vocational or technical education or training program which is
subsequently turned over or rebated to enterprises offering employee
training programs. [Sec. 1, IRR, RA 7796].

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Levying war. An actual assemblage of persons for the purpose of
executing a treasonable design. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed., p. 362, citing 52 Am. Jur. 798].
Lewd. Obscene, lustful, indecent, lascivious, lecherous. It signifies that
form of immorality which has relation to moral impurity; or that which
is carried on in a wanton manner. [People v. Grefiel, GR 77228. Nov.
13, 1992].
Lewd design. Inherently lascivious acts executed with the particular
design to independently derive vicarious pleasure therefrom. [Morenos
Law Dict., 2000 Ed., p. 270].
Lex causae. Lat. The law applicable to the case. [Tetley, Glossary of
Lex contractus. Lat. he proper law of the contract. The law that
governs the enforcement of a contract and the intrinsic validity of its
provisions. [Morenos Law Dict., 2000 Ed., p. 270].
Lex de futuro, judex de prterito. Lat. The law provides for the
future, the judge for the past. [Laceste v. Santos, GR 36886. Feb. 1,
1932].
Lex delationes semper exhorret. Lat. The law always abhors delays.
[Medija v. Patcho, GR L-30310. Oct. 23, 1984].
Lex fori. Lat. 1. The law of the forum. [Tetley, Glossary of Conflict of
Laws, 2004]. 2. The internal law of the forum governs matters of
remedy and procedure such as those relating to the service of process
upon a defendant. [Northwest Orient Airlines v. CA, GR 112573. Feb. 9,
1995, citing Salonga, Private Intl. Law, 100, 1967 3rd Ed.].
Lex loci actus. Lat. The law of the place where the act was done.
[Agpalo, Conflict of Laws, p. 5].
Lex loci celebrationis. Lat. The principle that applies the law of the
place where the contract was executed as far as the formalities and
solemnities (extrinsic validity) are concerned. [Claridades, A.,

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Lex loci contractus. Lat. The law of the place of conclusion of the
contracting. [Tetley, Glossary of Conflict of Laws, 2004].
Lex loci damni. Lat. The law of the place where the injury occurs. In
other words, if an injury appears in another country, the laws of that
country governs, provided that the tortfeasor should have foreseen that
the damage would occur there. [Tetley, Glossary of Conflict of Laws,
2004].
Lex loci delicti. Lat. The law of the place of the tort or delict. [Tetley,
Lex loci delicti commissi. Lat. The law of the place where the delict
was committed. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 390].
Lex loci delictus. Lat. The law of the place where the offense or wrong
took place. [Agpalo, Conflict of Laws, p. 5].
Lex loci dimicillii. Lat. The law of the place of domicile of a person.
[Agpalo, Conflict of Laws, p. 6].
Lex loci intentionis. Lat. The law intended by the parties expressly or
implicitly. [Morenos Law Dict., 2000 Ed., p. 271].
Lex loci solutionis. Lat. The law of the place of performance of the
contract. [Tetley, Glossary of Conflict of Laws, 2004].
Lex loci rei sitae. Lat. The law of the place where a thing is situated.
[Agpalo, Conflict of Laws, p. 6]. Also Lex situs.
Lex loci voluntatis. Lat. An accepted doctrine in international law that
the relationship between the parties to a contract shall be governed by
the law which they voluntarily agreed to apply. The law voluntarily
agreed upon by the partied. [Morenos Law Dict., 2000 Ed., p. 271].
Lex mercatoria. Lat. Law merchant. Common commercial rules and
procedures used throughout Europe in the Renaissance period. [Intl.
Lex nationalii. Lat. The concept that citizenship is the basis for
determining the personal law applicable. [Claridades, A., Compilation of
Notes, 2001-2006].

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Lex non requirit verificari quod apparet curiae. Lat. The law does
not require that to be verified which is apparent to the court. [Morenos
Law Dict., 2000 Ed., p. 271].
Lex patriae. See Law of the person.
Lex prospicit, non respicit. Lat. The law looks forward not backward.
Lex rei sitae. Lat. The rule that real or personal property is subject to
taxation in the state in which it is located, whether the owner is a
resident or non-resident thereof. [De Leon, Fundamentals of Taxation,
2000 Ed., p. 48].
Lex reprobat moram. Lat. The law disapproves of delay. [Billones v.
CIR, GR L-17566. July 30, 1965].
Lex semper intendit quod convenit rationi. Lat. The law always
intends that which is in accordance with reason. [Morenos Law Dict.,
2000 Ed., p. 271].
Lex situs. Lat. The applicable law regarding the acquisition, transfer and
devolution of the title to property (which) is the law where the property
is located. [Agpalo, Conflict of Laws, p. 5].
LGC. See Local Government Code of 1991.
LGU. See Local government units.
Liability. Any legal obligation, either due now or at some time in the
future. It could be a debt or a promise to do something. [Duhaime's
Legal Dict., 2004].
Liability. Sources: (a) Delay; (b) fraud; (c) negligence; and (d)
contravention of the tenor of the obligation. [Art. 1170, CC].
Liability of state for damages. The liability of the State has two
aspects, namely: (a) its public or governmental aspects where it is
liable for the tortious acts of special agents only; (b) its private or
business aspects (as when it engages in private enterprises) where it
becomes liable as an ordinary employer. [Paras, Civil Code of the Phil.

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Annotated, 1986 Ed., p. 961]. In this jurisdiction, the State assumes a
limited liability for the damage caused by the tortious acts or conduct of
its special agent. [NIA v. Fontanilla, GR 61045. Dec. 1, 1989].
Liable. Legally responsible. [Glossary of Legal Terms (Pro-Se), 2004].
Liable for tax. See Subject to tax.
Libel. Crim. Law. 1. A public and malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any act or omission, condition,
status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of
one who is dead. [Art. 353, RPC]. 2. Published defamation which tends
to injure a person's reputation. [Glossary of Legal Terms (Pro-Se),
2004].
Libel. Crim. Law. Requisites: (a) It must be defamatory; (b) it must be
malicious; (c) it must be given publicity; and (d) the victim must be
identifiable. [Alonzo v. CA, GR 110088. Feb. 1, 1995].
Libel by means of writings or similar means. Crim. Law. Libel
committed by means of writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition, cinematographic exhibition,
or any similar means. [Art. 355, RPC].
Libelous remarks. Crim. Law. Remarks or comments connected with
the matter privileged under the provisions of Art. 354 of the Rev. Penal
Code which, if made with malice, shall not exempt the author thereof
nor the editor or managing editor of a newspaper from criminal liability.
[Art. 362, RPC].
Libel, persons responsible for. Crim. Law. (a) Any person who shall
publish, exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means, shall be responsible for the
same; (b) the author or editor of a book or pamphlet, or the editor or
business manager of a daily newspaper, magazine or serial publication,
shall be responsible for the defamations contained therein to the same
extent as if he were the author thereof; and (c) Owner of the printing
plant which published the libelous article and all other persons who in
any way participated in or have connection with its publication. [Art.
360, RPC, as amended].

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Liberal construction. Stat. Con. A form of construction which allows a
judge to consider other factors when deciding the meaning of a phrase
or document, purposely to promote its object and to assist the parties
in obtaining just, speedy and inexpensive determination of every action
and proceedings. This rule of construction is especially useful where
adherence to the letter of the law would result in absurdity and
manifest injustice. [Casela v. CA, 35 SCRA 279 (Oct. 16, 1970)].
Liber baptisnorum. Latin term for baptismal book or record. [People v.
Ritter, GR 88582. Mar. 5, 1991].
Liberty. Pol. Law. Freedom; exemption from extraneous control.
Freedom from all restraints except such as are justly imposed by law.
Freedom from restraint, under conditions essential to the equal
enjoyment of the same right by others; freedom regulated by law.
Liberty in contracts. See Autonomy in contracts.
Liberty of abode and travel. Const. Law. The right of a person to have
his home or to maintain or change his home, dwelling, residence or
habitation in whatever place he has chosen, within the limits prescribed
by law and to go where he pleases without interference from anyone,
except in the interest of national security, public safety or public health,
as may be provided by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 175].
Librarianship, practice of. The practice of librarianship shall constitute
in holding out oneself as skilled in the knowledge, art and science of
the organization, dissemination, preservation and conservation of
recorded information; the rendering, furnishing and contracting of
professional services such as consultations and advice on the
organization and management of libraries, data banks, research and
information centers to clients on a fee basis or otherwise; the teaching
of subjects in the library and information sciences; and the signing or
authenticating for clients of documents or reports when called for. [Sec.
2, RA 6966].
License. 1. A special permission to do something on, or with, somebody
else's property which, were it not for the license, could be legally
prevented or give rise to legal action in tort or trespass. [Duhaime's
Legal Dict., 2004]. 2. Labor. A document issued by the DOLE

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authorizing a person or entity to operate a private employment agency.
[Art. 13, LC]. 3. Optical Media Law. The authority granted by the
Optical Media Board (OMB) to establishments or entities registered with
the OMB to engage in the business of mastering, manufacture,
replication, importation or exportation of optical media. [Sec. 3, RA
9239].
License tax. Also License fee. 1. An imposition or exaction on the right
to use or dispose of a property, to pursue a business, occupation, or
calling, or to exercise a privilege. [Villanueva v. City of Iloilo, GR
L-26521. Dec. 28, 1968, citing 33 Am. Jur. 325-326]. 2. It is often used
indiscriminately to designate impositions exacted for the exercise of
various privileges. It does not refer solely to a license for regulation, In
many instances, it refers to revenue raising exactions on privileges or
activities. [Victorias Milling, Co., Inc. v. Mun. of Victorias, GR L-21183.
Sep. 27, 1968].
Licensing. Agency process involving the grant, renewal, denial,
revocation, suspension, annulment, withdrawal, limitation, amendment,
modification or conditioning of a license. [Sec. 2, Chap. 1, Book VII, EO
292].
Lien. 1. Legal right to take or hold property of a debtor as a payment or
severity from a debt or obligation. [Memo. from the Exec. Sec. dated
Aug. 20, 1998]. 2. An existing burden or charge on the property.
[People v. CA, GR 81541. Oct. 4, 1989, citing Black's Law Dict., 5th Ed.
(1979)]. 3. A property right which remains attached to an object that
has been sold, but not totally paid for, until complete payment has
been made. It may involve possession of the object until the debt is
paid or it may be registered against the object (especially if the object
is real estate). [Duhaime's Legal Dict., 2004].
Liens, encumbrances. legal problems. Conditions which prevent an
outright disposal of property. [Memo. from the Exec. Sec. dated Aug.
20, 1998].
Lifeblood theory. The theory that taxes are the lifeblood of the
government and so should be collected without unnecessary hindrance.
On the other hand, such collection should be made in accordance with
law as any arbitrariness will negate the very reason for government
itself. It is therefore necessary to reconcile the apparently conflicting
interests of the authorities and the taxpayers so that the real purpose

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of taxation, which is the promotion of the common good, may be
achieved. [Comm. of Int. Rev. v. CA, GR L-28896. Feb. 17, 1988].
Life estate. A right to use and to enjoy land and/or structures on land
only for the life of the life tenant. The estate reverts back to the
grantor (or to some other person), at the death of the person to whom
it is given. [Duhaime's Legal Dict., 2004].
Life imprisonment. Crim. Law. A penalty which does not carry with it
any accessory penalty, and does not appear to have any definite extent
or duration. [People v. Layno, GR 110833. Nov. 21, 1996]. Compare
with Reclusion perpetua.
Life insurance. 1. Insurance on human lives and insurance appertaining
thereto or connected therewith. [Sec. 179, IC]. 2. An insurance upon
life may be made payable on the death of the person, or on his
surviving a specified period, or otherwise contingently on the
continuance or cessation of life. [Sec. 180, IC]
Lifeline rate. The subsidized rate given to low-income captive market
(of electricity) end-users who cannot afford to pay at full cost. [Sec. 4,
RA 9136].
Life tenant. The beneficiary of a Life estate. [Duhaime's Legal Dict.,
2004].
Light coercions. Crim. Law. The felony committed by any person who,
by means of violence, shall seize anything belonging to his debtor for
the purpose of applying the same to the payment of the debt. [Art.
287, RPC].
Light durables. Non-consumable items portable or transportable as
accompanied personal baggage in the course of travel. [Customs
Admin. Order 3-95, Dec. 6, 1995].
Lighter. A flat-bottomed boat or barge used in loading or unloading
cargo to or from vessels. [Sec. 3, PD 857].
Light felonies. Those infractions of law for the commission of which a
penalty of arresto menor or a fine not exceeding P200 or both is
provided. [Art. 9, RPC].

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Light penalties. The following are light penalties under the Rev. Penal
Code: Arresto menor, public censure, and fine, whether imposed as a
single of as an alternative penalty, which is less than 200 pesos. [Arts.
25-26, RPC].
Light threats. 1. Any threat to commit a wrong not constituting a crime,
made in the manner expressed in subdivision 1 of Art. 282 of the Rev.
Penal Code. [Art. 283, RPC]. 2. Crim. Law. The felony committed by:
(a) any person who, without being included in the provisions of Art.
284 of the Rev. Penal Code, shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be in lawful self-defense; (b)
any person who, in the heat of anger, shall orally threaten another with
some harm not constituting a crime, and who by subsequent acts show
that he did not persist in the idea involved in his threat, provided that
the circumstances of the offense shall not bring it within the provisions
of Art. 282 of the Rev. Penal Code; (c) any person who shall orally
threaten to do another any harm not constituting a felony. [Art. 285,
RPC].
Like product. A domestic product which it identical, i.e., alike in all
respects to the imported product under consideration, or in the absence
of such a product, another domestic product which, although not alike
in all respects, has characteristic: closely resembling those of the
imported product under consideration. [Sec. 4, RA 8800].
Limitation of action. The loss of the right to enforce an action by the
lapse of time. [Morenos Law Dict., 2000 Ed., p. 274].
Limited access. A fishery policy by which a system of equitable
resource and allocation is established by law through fishery rights
granting and licensing procedure as provided by the Phil. Fisheries
Code of 1998. [Sec. 4, RA 8550].
Limited access facility. A highway or street especially designed for
through traffic, and over, from, or to which owners or occupants of
abutting land and other persons have no right of easement or only a
limited right of easement of access, light, air, or view by reason of the
fact that their property abuts upon such limited access facility or for
any other reason. Such highways or streets may be parkways, from
which trucks, busses, and other commercial vehicles shall be excluded;
or they may be free ways open to use by all customary forms of street
and highway traffic. [Sec. 2, RA 2000].

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Limited capacity doctrine. The doctrine adopted by our corporation
law under which a corporation has only such powers as are expressly
granted or those that are necessarily implied from those expressly
granted or those which are incidental to its existence. [Sec. 2, Corp.
Code].
Limited jurisdiction. Courts that are limited in the types of criminal
and civil cases they may hear. [Glossary of Legal Terms (Pro-Se),
2004].
Limited liability doctrine. Mar. Ins. The liability of the shipowner of a
ship is confined to the vessel, equipment, and freight, or insurance, if
nay, so that if the shipowner abandoned the ship, equipment, and
freight, his liability is extinguished. However, the doctrine does not
apply when the shipowner or captain is guilty of negligence. [Suggested
Answer for the 1999 Bar, UPLC, (2002), p. 41]. Compare with
Inscrutable fault doctrine.
Limited partner. 1. A partner who has agreed to be liable only to the
extent of his investment. A limited partner, though, has no right to
manage the partnership and is usually just an investor or promoter. 2.
A unique colleague in a partnership relationship who has agreed to be
liable only to the extent of his investment. Limited partners, though,
have no right to manage the partnership. [Duhaime's Legal Dict.,
2004]. Compare with General Partner.
Limited partnership. A partnership formed by two or more persons
under the provisions of the Art. 1844 of the Civil Code, having as
members one or more general partners and one or more limited
partners. The limited partners as such shall not be bound by the
obligations of the partnership. [Art. 1843, CC]. Compare with General
partnership.
Lina Law. RA 7279, otherwise known as the Urban Development and
Housing Act (UDHA) of 1992.
Lineal descendant. A person who is a direct descendant such as a child
to his or her natural parent. [LawInfo Legal Dictionary (2005)].

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Linear wounds. Wounds which are skin deep (and) could have been
caused by fingernails or any sharp grass. [People v. Almenario, GR
91491. Aug. 12, 1992].
Line-up. See Police line-up.
Liquidate. To pay and settle. To convert assets to cash. To ascertain the
amount, or the several amounts, of the liabilities of insolvent and
apportion the assets toward the discharge of the indebtedness. [Blacks
Liquidated. Ascertained. Determined; fixed; settled; made clear or
manifest. Cleared away; paid; discharged; wound up. Made certain or
fixed by agreement of parties or by operation of law. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 479].
Liquidated account. An account whereof the amount is certain and
fixed, either by the act and agreement of the parties or by operation of
law; a sum which cannot be changed by the proof. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 479].
Liquidated amount. 1. One that is determined by agreement or by
litigation. 2. Damages agreed upon by the parties to a contract to be
paid in case of breach thereof. [Morenos Law Dict., 2000 Ed., pp.
274-275].
Liquidated damages. 1. Those agreed upon by the parties to a
contract, to be paid in case of breach thereof. [Art. 2226, CC]. 2. Those
the amount of which has been agreed upon by the parties or fixed by
the judgment of a competent court. [Torres, Oblig. & Cont., 2000 Ed.,
p. 334].
Liquidating partner. A partner who takes charge of liquidating the
affairs of the partnership after its dissolution. [Suarez, Intro. to Law,
1995 3rd Ed., p. 120].
Liquidation. The selling of all the assets of a debtor and the use of the
cash proceeds of the sale to pay off creditors. [Duhaime's Legal Dict.,
2004].

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Liquidation court. The regional trial court having jurisdiction to assist in
the adjudication of the disputed claims against the bank or non-bank
financial intermediary performing quasi-banking functions and in the
enforcement of individual liabilities of the stockholders, and do all that
is necessary to preserve the assets of such institution and to implement
the liquidation plan approved by the Monetary Board. [Sec. 29, RA 265,
as amended].
Lis mota. Lat. 1. Main issue. [Taada v. Angara, GR 118295. May 2,
1997]. 2. Threshold legal issue. [Frivaldo v. Comelec, GR 120295. June
28, 1996].
Lis pendens. Lat. 1. A pending suit or a pending litigation. [People v.
RTC Manila, GR 81541. Oct. 4, 1989]. 2. A notice filed in the office of
the Register of Deeds of the province where the land is situated which
gives notice that a suit is pending against the owner of designated
property. [Torres, Oblig. & Cont., 2000 Ed., p. 352].
Lis pendens notice. An announcement to the whole world that a
particular real property is in litigation, serving as a warning that one
who acquires an interest over the said property does so at his own risk,
or that he gambles on the result of the litigation over the said property.
It is but a signal to the intending buyer or mortgagee to take care or
beware and to investigate the prospect or non-prospect of the litigation
succeeding before he forks down his money. [People v. RTC of Manila,
GR 81541. Oct. 4, 1989].
Literacy training service. A program designed to train students to
become teachers of literacy and numeracy skills to school children, out
of school youth, and other segments of society in need of their service.
[Sec. 3, RA 9163].
Literal construction. A form of construction which does not allow
evidence extrapolated beyond the actual words of a phrase or
document but, rather, takes a phrase or document at face value, giving
effect only to the actual words used. Also known as strict" or "strict
and literal" construction. Contrasts with liberal construction (which
allows for the input from other factors such as the purpose of the
document being interpreted). [Duhaime's Legal Dict., 2004].
Literal infringement test. A test established to determine infringement
where resort must be had, in the first instance, to the words of the

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claim. If accused matter clearly falls within the claim, infringement is
made out and that is the end of it. To determine whether the particular
item falls within the literal meaning of the patent claims, the Court
must juxtapose the claims of the patent and the accused product within
the overall context of the claims and specifications, to determine
whether there is exact identity of all material elements. [Godinez v. CA,
GR 97343. Sep. 13, 1993]. Compare with Doctrine of equivalents
test.
Litigant. A party to a lawsuit. [Glossary of Legal Terms (Pro-Se), 2004].
Litigated motion. A motion where notice to the adverse party is
necessary to afford the latter an opportunity to resist the application.
[Denso v. IAC, GR 75000. Feb. 27, 1987].
Litigation. 1. A contest in which each contending party fully and fairly
lays before the court the facts in issue and then, brushing aside as
wholly trivial and indecisive all imperfections of form and technicalities
of procedure, asks that justice be done upon the merits. [Alonso v.
Villamor, 16 Phil. 316, 321-322]. 2. A dispute which has become the
subject of a formal court action or law suit. [Claridades, A., Compilation
of Notes, 2001-2006]. 3. A lawsuit; a legal action, including all
proceedings therein. [Glossary of Legal Terms (Pro-Se), 2004].
Litis pendentia. Lat. A pending suit. It is variously referred to in some
decisions as lis pendens and auter action pendant. [Buan v. Lopez, Jr.,
GR 75349, 13 Oct. 1986, 145 SCRA 34, 37].
Litis pendentia. Requisites: (a) Identity of parties or at least such as
represent the same interest in both actions; (b) Identity of rights
asserted and relief prayed for, the relief being founded on the same
facts; and (c) The identity in the two cases should be such that the
judgment that may be rendered in one would, regardless of which party
is successful, amount to res judicata in the other. [Ramos v. Peralta,
GR L-45107. Nov. 11, 1991].
Little Assembly. See Interim Committee.
Littoral. The coastal region including both the land along the coast and
the water near the coast or the shore zone between the high and low
watermarks. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977].
Compare with Riparian.

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Live-in. When ascribed to a couple of different sexes, the present-day
term for a man and a woman who are living together and comporting
themselves as husband and wife without the benefit of matrimony.
Livelihood tools. Instruments used by hand or by machine necessary to
a person in the practice of his trade, vocation or profession, such as
hand tools, power tools, precision tools, farm tools, tools for
dressmaking, shoe repair, beauty parlor, barber shop and the like, as
may be determined by the Overseas Workers Welfare Administration
(OWWA). [Sec 2, RA 9174].
Liver cancer. Also Hepatoma. Malignant primary tumor of the liver
destroying the parenchyma arise (sic) from both liver cell and bile duct
elements. It develops most frequently in the previous cirrhosis liver.
[Clemente v. GSIS, GR L-47521. July 31, 1987].
Livestock. Domestic animals used or raised on a farm, especially for
profit. [Webster's Intl. Dict., 2nd Ed. (1954)].
Living unit. A dwelling, or portion thereof, providing complete living
facilities for one family, including provisions for living, sleeping,
cooking, eating, bathing and toilet facilities and laundry facilities, the
same as a single family-dwelling. [Sec. 3, BP 220].
Llave. Brass knuckle. [Manalaysay v. CA, GR 79946. Apr. 12, 1989]. Also
Llave llesa.
LL.B., LL.M. or LL.D. The Latin abbreviations for the three classes of
law degrees: the regular bachelor degree in law (LL.B.), the masters
degree in law (LL.M.) and the doctorate in law (LL.D.). [Duhaime's
Legal Dict., 2004].
Loan. 1. It covers both simple loan and commodatum as well as
guarantees, financing arrangements or accommodations intended to
ensure its approval. [Sec. 3, RA 6713]. 2. A loan the total principal
amount of which, as and when required for application to the purposes
thereof, is, at the time of the making thereof, assured from funds that
are or will become available therefor. [Sec. 3, PD 269].

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Loan contract. A contract whereby one of the parties delivers to
another, either something not consumable so that the latter may use
the same for a certain time and return it, in which case the contract is
called a commodatum; or money or other consumable thing, upon the
condition that the same amount of the same kind and quality shall be
paid, in which case the contract is simply called a loan or mutuum. [Art.
1933, CC].
Lobbying. All attempts including personal solicitation to induce
legislators to vote in a certain way or to introduce legislation. It
includes scrutiny of all pending bills which affect ones interest or the
interests of ones clients, with a view towards influencing the passage
or defeat of such legislation. [Manual on Definitions of Admin. Offenses
in the Civil Service, Oct. 2004, p. 42, citing Blacks Law Dict., 5th Ed.,
1979].
Local action. Rem. Law. An action founded on privity of estate only and
there is no privity of contract. [Albano, Rem. Law Reviewer, 1st Ed., p.
71, citing Dela Cruz v. Seminary of Manila, 18 Phil. 330]. Compare with
Transitory action.
Local autonomy. Pol. Law. Under the Constitution, it involves a mere
decentralization of administration, not of power, in which local officials
remain accountable to the central government in the manner the law
may provide. [Ganzon v. CA, GR 93252. Aug. 5, 1991].
Local chief executives. The Provincial Governors, City or Municipal
Mayors and Punong Barangay, as the case may be. [Sec. 3, RA 6735].
Local Disaster Coordinating Council. A group of persons at the
provincial, municipal, or barangay level, duly organized pursuant to PD
1566. [Sec. 1, EO 948, Apr. 23, 1984].
Local government. A political subdivision of a nation or state which is
constituted by law and has substantial control of local affairs. In a
unitary system of government, such as the government under the
Philippine Constitution, local governments can only be an intra
sovereign subdivision of one sovereign nation, it cannot be an imperium
in imperio. Local government in such a system can only mean a
measure of decentralization of the function of government. [Basco v.
Pagcor, GR 91649. May 14, 1991].

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Local Government Code (LGC) of 1991. RA 7160 entitled An Act
providing for a Local Government Code of 1991 enacted on Oct. 10,
1991 and took effect on Jan. 1, 1992.
Local government units (LGUs). Provinces, cities, municipalities and
barangays. [Sec. 3, RA 6735]. Also known as Municipal corporations.
Local initiative. The legal process whereby the registered voters of a
local government unit may directly propose, enact, or amend any
ordinance. [Sec. 120, RA 7160].
Local legislative bodies. The Sangguniang Panlalawigan, Sangguniang
Panlungsod, Sangguniang Bayan, and Sangguniang (Barangay). [Sec.
3, RA 6735].
Locally available materials. Form lumber, gravel and sand, nipa,
sawali, old G.I. sheets and other low-cost, indigenous or used materials
that could be used as inputs in small infrastructure projects. [Sec. 4, RA
7607].
Local referendum. The legal process whereby the registered voters of
the local government units may approve, amend or reject any
ordinance enacted by the sanggunian. [Sec. 126, RA 7160].
Local statute. A statute whose operation is confined within territorial
limits other than that of the whole state, or applies to any political
subdivision or subdivisions of the state less than the whole, or to
property and persons of a limited portion of the state, or is directed to
a specific locality or spot, as distinguished from a law which operates
throughout the state. [Suarez, Stat. Con., (1993), p. 96].
Local telephone exchange. 1. An item of telecommunication
apparatus designated by the grantee as such in its application with the
National Telecommunications Commission for a certificate of public
necessity and convenience under Sec. 10 of RA 7678. [Sec. 2, RA
7678]. 2. A central switching facility or a telecommunications apparatus
which routes calls through the network or system. [Sec. 2, RA 7617].
Local union. Any labor organization operating at the enterprise level.
[Sec. 1, Rule 1, Book 5, IRR of LC].

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Local water utility. Any district, city, municipality, province,
investor-owned public utility or cooperative corporation which owns or
operates a water system serving an urban center in the Philippines.
[Sec. 3, PD 198].
Location (of mining claim). The act of appropriating a mining claim
on the public domain, according to established law or rules. [Pea, Phil.
Law on Natural Resources, 1997 Rev. Ed., p. 87].
Location plan. A sketch which serves to determine the location of the
lot involved. [Morenos Law Dict., 2000 Ed., p. 279].
Lockout. 1. It comprises shutdowns, mass retrenchment and dismissals,
without previous written clearance from the Secretary of Labor or his
duly authorized representative. [Sec. 2, PD 823]. 2. The temporary
refusal of an employer to furnish work as a result of an industrial or
labor dispute. [Art. 212, LC]. Compare with Shutdown.
Lockup. It is included in the broader term "detention," which refers not
only to the placing of a person in an enclosure which he cannot leave,
but also to any other deprivation of liberty. [People v. Santos, GR No.
117873, Dec. 22, 1997. citing Aquino, The RPC, 1988 Ed., Vol. III, pp.
1-2].
Locus. Lat. The place. [Duhaime's Legal Dict., 2004].
Locus criminis. Lat. The locality of a crime. The place where a crime
was committed. [Claridades, A., Compilation of Notes, 2001-2006].
Locus delicti. Lat. 1. The place which has the most substantial or
essential connection with the act [Paras, Phil. Conflict of Laws, 8th Ed.
(1996), p. 392]. 2. The place of the offense. The place where an
offense was committed. [Claridades, A., Compilation of Notes,
2001-2006].
Locus standi. Lat. 1. A personal and substantial interest in the case
such that the party has sustained or will sustain direct injury as a result
of the governmental act that is being challenged. [Francisco v. HoR, GR
160261. Nov. 10, 2003]. 2. The legal interest which a plaintiff must
have in the subject matter of the suit. [Antonio v. Factoran, GR 101083.
July 30, 1993]. See Legal standing.

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Lode mineral claim. A parcel of mineral lands containing a vein, lode,
ledge, lens, or mass of ore in place which has been located in
accordance with law. [Sec. 18, PD 464].
Lodger. One who has merely the use without the actual or exclusive
possession of his room. [Morenos Law Dict., 2000 Ed., p. 279].
Lodging house. A building where persons are supplied with and
charged for sleeping accommodations only. [Sec. 63, PD 856]. Compare
with Boarding house.
Log-rolling legislation. See Hodge-podge legislation.
Loko. Tag. 1. Notorious. [People v. Yarcia, GR L-31179. Oct. 26, 1983].
2. Fool, idiot or stupid. [Morenos Law Dict., 2000 Ed., p. 279].
Lone Candidate Law. RA 8295, entitled An Act providing for the
proclamation of a lone candidate for any elective office in a special
election, and for other purposes enacted on June 6, 1997.
Longa manu, traditio. See Traditio longa manu.
Long arm statute. Intl. Law. A law defining the conduct of a foreign
person within a state which will subject that person to the jurisdiction
of the state. [Intl. Law Dict. & Direct., 2004].
Long-term contracts. Building, installation or construction contracts
covering a period in excess of one (1) year. [Sec. 48, NIRC, as
amended].
Loss. 1. Mar. Law. A situation where no delivery at all was made by the
shipper of the goods because the same had perished, gone out of
commerce, or disappeared in such a way that their existence is
unknown or they cannot be recovered. It does not include a situation
where there was indeed delivery but delivery to the wrong person,
or a misdelivery. [As defined in Art. 18, CC and as applied to Sec. 3 (6),
par. 4 of the Carriage of Goods by Sea Act]. 2. Ins. Injury or damage
caused by an accident for which the insurer may, under the provision of
the policy, be liable, though at that time the extent of the loss may not
be ascertainable. [Tiopianco, Commentaries & Jurisp. on the Ins. Code
of the Phil., 1999 Ed., p. 84-85, citing 7 Couch 5379].

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Loss in insurance. The injury or damage sustained by the insured in
consequence of the happening of one or more of the accidents or
misfortune against which the insurer, in consideration of the premium,
has undertaken to indemnify the insured. [1 Bouv. Ins. No. 1215;
Black's Law Dict.; Cyclopedic Law Dict., cited in Martin's Phil. Comml.
Laws, Vol. 1, 1961 ed. p. 608).
Loss of confidence. Pol. Law. The formal withdrawal by an electorate
of their trust in a person's ability to discharge his office previously
bestowed on him by the same electorate. [Evardone v. Comelec, GR
94010. Dec. 2, 1991, citing Orendain, Phil. Local Govt. Annotated
(1983)].
Loss of standing in court. Loss of the right of a party, by reason of
having been declared in default, to present his defense and examine or
cross-examine witnesses. It does not mean nor constitute a waiver of
all rights; what is waived only is the right to he heard and to present
evidence during the trial while default prevails. A party in default is still
entitled to notice of final judgments and orders and proceedings taken
subsequent thereto. [Garcia v. CA, GR 83929. June 11, 1992].
Loss of the instrument; how shown. The loss may be shown: (a) by
any person who knew the fact of its loss; (b) by anyone who has made,
in the judgment of the court, a sufficient examination in the place or
places where the document or papers of similar character are usually
kept by the person in whose custody the document lost was, and has
been unable to find it; or (c) by anyone who has made any other
investigation which is sufficient to satisfy the court that the instrument
is indeed lost. [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915].
See also Execution and delivery of the document; by whom
established and Destruction of the instrument; how proved.
Loss of the thing due. A thing is considered lost when (a) it perishes,
or (b) goes out of commerce, or (c) it disappears in such a way that its
existence is unknown or it cannot be recovered. [Art. 1189 (2), CC].
Loss payable clause. Ins. A clause which entitles the loss payee to
collect from the policy to the extent of the credit. Stated otherwise, as
long as the insurable interest of the loss payee subsists, the mortgagor
has no right to collect on the policy to the extent of that credit.

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Lost things. Those things which are without a possessor, but are not
res nullius. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
496, citing Brugi, p. 227].
Lot line wall. A wall used only by the party upon whose lot the wall is
located, erected at a line separating two parcels of land each of which
is a separate real estate entity. [Sec. 3, BP 220].
Lot or plot. A portion of a subdivision or any parcel of land intended as
a unit for transfer of ownership or for building development. [Sec. 3, BP
220].
Lottery. The term extends to all schemes for the distribution of prizes by
chance, such as policy playing, gift exhibitions, prize concerts, raffles at
fairs, etc., and various forms of gambling. [El Debate v. Topacio, GR
19982. Dec. 29, 1922, citing Horner v. US (1892)].
Lottery. Essential elements: First, consideration; second, prize and third,
chance. [El Debate v. Topacio, GR 19982. Dec. 29, 1922, citing Horner
v. US (1892)].
Low birth weight infant. A newborn weighing less than two thousand
five hundred (2,500) grams at birth. [Sec. 3, RA 7600].
Lowest complying and responsible bid. The proposal of one who
offers the lowest price, meets all the technical specifications and
requirements of the supplies desired and, as a dealer in the line of
supplies involved, maintains a regular establishment, and has complied
consistently with previous commitments. [Sec. 357, LGC].
LPG. Liquefied petroleum gas. [Claridades, A., Compilation of Notes,
2001-2006].
LPG distributor. Any person or entity, whether natural or juridical,
engaged in exporting, refilling, transporting, marketing, and/or selling
of LPG to end users and other consumers. [Sec. 4, RA 8479].
Luces. Any of several kinds of sparklers. [Sec. 2, RA 7183].
Lucid interval. A period of temporary sanity. [Ancheta, The Law on
Obligations and Contracts, Rev. Ed., p. 142].

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Lucrative. Profitable or gainful. [In re: Keng Giok v. Rep., GR L-13347.
Aug. 31, 1961].
Lucrative employment. A gainful employment. It is not only that the
person having the employment gets enough for his ordinary necessities
in life. [Swee Din Tan v. Rep., 109 Phil. 287 (1960)]. It must be shown
that the employment 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. [Lim Biak Chiao v. Rep., L-28541, Jan. 14,
1974].
Lucro cesante. Sp. Unrealized profit. Usually the price which the thing
could have commanded on the date the obligation should have been
fulfilled, but was not. [Associated Realty v. CA, GR L-18056. Jan. 30,
1965]. See also Dao emergente.
Lugaw. 1. Powdered rice. [People v. Igdanes, GR 105804. May 5, 1997].
2. Boiled rice. [Peole v. Liera, GR L-32147-49. Mar. 17, 1978]. 3.
Porridge. [Claridades, A., Compilation of Notes, 2001-2006].
Lukaret. Tag. A crazy woman. [Claridades, A., Compilation of Notes,
2001-2006].
Lumber. 1. A processed log or timber. [Lalican v. Vergara, GR 108619.
July 31, 1997]. 2. Timber or logs after being prepared for the market.
[Webster's 3rd New Intl. Dict., 1993 Ed.]. 3. Solid wood not further
manufactured other than sawing, re-sawing, kiln-drying and passing
lengthwise through a standard planing machine, including boules or
unedged lumber. [Sec. 3.2 of DENR Admin. Order No. 19, S. of 1989,
17 March 1989].
Lumber dealer. A person or entity engaged in the buying or selling, or
both, of coconut logs, timber and/or coconut tree lumber. [Sec. 3, PCA
Admin. Order 1-95].
Lumber yards or tablerias. Those establishments which are dedicated
to the sawing of timber either by hand or motor and those
establishments which although not sawing timber, have lumber for sale.

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Lump sum. The present value of the basic monthly pensions for five
years discounted at a rate of interest to be determined by the GSIS but
not less than six percent per annum. [Sec. 2, PD 1146].
Lump sum contract. A contract (with) a lump sum price and is not
based upon the specified cost of a defined unit of work. [Baylen Corp.
v. CA, GR 76787. Dec. 14, 1987].
Lungga. Tag. It is known to police as the area where drug traffickers
and criminal elements abound. [People v. Boholst, GR 73008. July 23,
1987].
Lupong Tagapamayapa. The body organized in every barangay
composed of the punong barangay as chairman and ten (10) to twenty
(20) members. The lupon is constituted every three (3) years. [Art.
196, IRR of RA 7160].
Lyceum. The Latin word for the Greek lykeion which in turn referred to a
locality on the river Ilissius in ancient Athens comprising an enclosure
dedicated to Apollo and adorned with fountains and buildings erected
by Pisistratus, Pericles and Lycurgus frequented by the youth for
exercise and by the philosopher Aristotle and his followers for teaching.
In time, the word Lyceum became associated with schools and other
institutions providing public lectures and concerts and public
discussions. Thus today, the word Lyceum generally refers to a school
or 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].

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-MMabuhay. Tag. 1. Long live. [Claridades, A., Compilation of Notes,

2001-2006]. 2. Sparklers bunched into a bundle of a dozen pieces.
[Sec. 2, RA 7183].
Macaroni. Kind of paste, composed chiefly of wheat flour, dried in the
form of slender tubes. [Farm 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

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auction, or the attempt to cause bidders to stay away from an auction
by threats, gifts, promises, or any other artifice, with intent to cause
the reduction of the price of the thing auctioned. [Art. 185, RPC].
Machinery. Machines, mechanical contrivances, instruments, appliances
and apparatus attached to the real estate. It includes the physical
facilities available for production, as well as the installations and
appurtenant service facilities, together with all other equipment
designed for or essential to its manufacturing, industrial or agricultural
purposes. [Sec. 3, PD 464].
Madhhab (plural, Madhahib). Any of the four orthodox (Sunni)
schools of Muslim law. [Art. 7, PD 1083].
Magistrate. Judicial officer exercising some of the functions of a judge.
It also refers in a general way to a judge. [Jurists Legal Dict., 2004].
Magna Carta. Charter to which subscribed King John of England on
June 12, 1215 in which a basic set of limits were set on the King's
powers. King John had ruled tyrannically. His barons rebelled and
committed themselves to war with King John unless he agreed to the
Charter. Held to be the precursor of habeas corpus as Article 39 of the
Magna Carta held that no man shall be "imprisoned, exiled or destroyed
... except by lawful judgment of his peers or by the law of the land".
Magna Carta for Countryside and Barangay Business Enterprises
(Kalakalan 20). RA 6810 entitled An act establishing the magna
carta for countryside and barangay business enterprises, granting
exemptions from any and all government rules and regulations and
other incentives and benefits therefor, and for other purposes enacted
on Dec. 14, 1989.
Magna Carta for Disabled Persons. RA 7277 entitled An act
providing for the rehabilitation, self-development and self-reliance of
disabled persons and their integration into the mainstream of society
and for other purposes, enacted on Mar. 24, 1992.
Magna Carta for Public School Teachers. RA 4670 enacted on June
18, 1966.

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Magna Carta for Scientists, Engineers, Researchers and other S
& T Personnel in the Government. RA 8439 entitled An Act
providing a Magna Carta for scientists, engineers, researchers and
other science and technology personnel in government enacted on
Dec. 22, 1997.
Magna Carta for Small Enterprise. RA 6977 entitled An Act to
promote, develop and assist small and medium scale enterprises
through the creation of a Small and Medium Enterprise Development
(SMED) Council, and the rationalization of government assistance
programs and agencies concerned with the development of small and
medium enterprises, and for other purposes enacted on Jan. 24, 1991.
Magna Carta of Public Health Workers. RA 7305 enacted on Mar.
26, 1992.
Magna Carta of Small Farmers. RA 7607 entitled An Act providing a
Magna Carta of small farmers enacted on June 4, 1992.
Magnetic media. A storage medium or device characterized by a base,
usually plastic, coated with ferric oxide powder, in which visual and/or
aural information, or software code, may be recorded or stored,
including, but not limited to, magnetic tape, cassettes, video tape,
diskettes, and floppy discs. [Sec. 3, RA 9239].
Mail fraud orders. Orders designed to prevent the use of the mails as a
medium for disseminating printed matters which on grounds of public
policy are declared non-mailable. As applied to lotteries, gift enterprises
and similar schemes, justification lies in the recognized necessity to
suppress their tendency to inflame the gambling spirit and to corrupt
public morals. [Caltex (Phils.) Inc. v. Palomar, citing Com. v. Lund, 15
A. 2d., 839, 143 Pa. Super. 208].
Mail or mail matters. All matters authorized by the Government to be
delivered through the postal service and shall include letters, parcels,
printed materials, and money orders. [Sec. 2, RA 7354].
Main canal. The channel where diverted water from a source flows to
the intended area to be irrigated. [Sec. 4, RA 8435].
Maintainer or Manager or Operator. Any person who maintains,
manages or operates any illegal number game in a specific area from

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whom the coordinator, controller or supervisor, and collector or agent
take orders. [Sec. 2, RA 9287].
Maintenance. The obligation of one person to contribute, in part or in
whole, to the cost of living of another person. Also known as Support
(spousal or child) or Alimony. [Duhaime's Legal Dict., 2004].
Maintenance of membership. Labor. An agreement under which
non-members are not required to join the union, but those who do join
must maintain their membership for the duration of the union contract
under penalty of discharge. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157,
citing Reynolds, Economics and Labor Relations, p. 226].
Majority. The number greater than half or more than half of any total.
[Perez v. Dela Cruz, GR L-29458. Mar. 28, 1969, citing Webster's Intl.
Dict., Unabr.].
Majority of one. Pol. Law. The lone dissenting vote of one
Sandiganbayan justice which will prevent a decision of the two other
members of the division as a unanimous vote is required for such
decision. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 59].
Majority opinion. An opinion usually written by one judge on behalf of
a majority of his colleagues on a court and on which they agree. Such
an opinion has more precedential value than other kinds of opinions.
[Intl. Law Dict. & Direct., 2004]. Compare with Minority opinion.
Majority-owned subsidiary of a person. A company fifty per centum
or more of the outstanding voting securities of which are owned by
such person, or by a company which, within the meaning of this
paragraph, is a majority-owned subsidiary of such person. [Sec. 3, RA
2629]. See Wholly-owned subsidiary of a person.
Majority rule. See Rule of majority.
Major language. A language spoken and used by at least 1/50 or 2%
of all Filipinos, based on the most recent available data of the National
Statistics Office. [Sec. 3, RA 7104].
Major or extraordinary repair. Alteration, addition, partition,
extension, and other construction or installation which materially

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increases the value or extend the useful life of the structure or
equipment. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Maker. One who makes, promise and signs the instrument. [Claridades,
A., Compilation of Notes, 2001-2006]. See Payee.
Making and importing and uttering false coins. Crim. Law. The
felony committed by any person who makes, imports, or utters, false
coins, in connivance with counterfeiters, or importers. [Art. 163, RPC].
Mala in se. Lat. Wrong in themselves. [Claridades, A., Compilation of
Notes, 2001-2006]. See Acts mala in se.
Mala prohibita. Lat. Wrong because they are prohibited by law.
[Claridades, A., Compilation of Notes, 2001-2006]. See Acts mala
prohibita.
Maldito. Tag. A tough guy. [People v. Toring, GR 56358. Oct. 26, 1990].
Malevolent. Wishing evil; disposed to injure; arising from or indicative
of ill-will. [Morenos Law Dict., 2000 Ed., p. 283].
Malfeasance. 1. Doing something which is illegal. 2. The commission of
an unlawful act. [Glossary of Legal Terms (Pro-Se), 2004]. Compare
with Misfeasance and Nonfeasance.
Malice. The intentional doing of a wrongful act without just cause or
excuse, with an intent to inflict an injury or under circumstances that
the law will imply an evil intent. A condition of the mind which prompts
a person to do a wrongful act willfully, that is, on purpose to the injury
of another, or to do intentionally a wrongful act toward another without
justification or excuse. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 492].
Malice in fact. Also Express malice. Malice shown by proof of ill-will,
hatred, or purpose to injure. [Claridades, A., Compilation of Notes,
2001-2006].
Malice in law. The presumption that every defamatory imputation is
malicious, even if it be true, if no good intention and justifiable motive
for making it is shown. [Art. 354, RPC].

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Malicia. Sp. The term indicates what the ordinary use of the word
connotes, that the action complained of must be the result of a
deliberate evil intent and does not cover a mere voluntary act. [People
v. Malabanan, GR 43430. Jan. 7, 1936, citing 21 Enciclopedia Juridica
Espaola, p. 542].
Malicious mischief. Crim. Law. The felony committed by any person
who shall deliberately cause the property of another any damage. [Art.
327, RPC].
Malicious mischief. Crim. Law. Elements: (a) The offender deliberately
caused damage to the property of another; (b) the damage caused did
not constitute arson or crimes involving destructions; and (c) the
damage was caused maliciously by the offender. [Claridades, A.,
Malicious mischief, special cases of. Crim. Law. The felony
committed by any person who shall cause damage to obstruct the
performance of public functions, or using any poisonous or corrosive
substance; or spreading any infection or contagion among cattle; or
who cause damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, promenade, or
any other thing used in common by the public. [Art. 328, RPC].
Malicious prosecution. 1. An action for damages brought by one
against whom a criminal prosecution, civil suit, or other legal
proceeding has been instituted maliciously and without probable cause,
after the termination of such prosecution, suit, or other proceeding in
favor of the defendant therein. The gist of the action is the putting of
legal process in force, regularly, for the mere purpose of vexation or
injury. [Black's Law Dict., Rev. 4th Ed., 1986, p. 1111, cited in 199
SCRA 63 (1991)]. 2. An action instituted with intention of injuring the
defendant and without probable cause, and which terminates in favor
of the person prosecuted. [Glossary of Legal Terms (Pro-Se), 2004].
Malicious prosecution. Elements: (a) Malice; and (b) absence of
probable cause. [China Banking Corp. v. CA, GR 94182. Mar. 28, 1994].
Malingerer. A person who pretends or protracts illness or injury to
escape work or duty. [Olarte, Legal Med., 1st Ed. (2004), p. 158].

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Malpractice. Any professional misconduct. [Glossary of Legal Terms
(Pro-Se), 2004].
Malpractice defense. The area of law that focuses on representing
those professionals who have been accused of negligence, misconduct,
lack of ordinary skill, or a breach of duty in the performance of a
professional service (medicine, law, etc.) resulting in injury or loss.
Maltreatment. Crim. Law. The felony committed when the offender
shall ill-treat another by deed without causing any injury. [Art. 266,
RPC].
Maltreatment of prisoners. Crim. Law. The felony committed by any
public officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention prisoner under his charge, by the
imposition of punishment not authorized by the regulations, or by
inflicting such punishment in a cruel and humiliating manner. [Art. 235,
RPC].
Malum in se. Lat. Wrong in itself. [Claridades, A., Compilation of Notes,
2001-2006].
Malum prohibitum. Lat. 1. An act proscribed by the legislature for
being deemed pernicious and inimical to public welfare. [People v.
Reyes, GR 101127-31. Nov. 18, 1993]. 2. Wrong because it is
prohibited by law. [Claridades, A., Compilation of Notes, 2001-2006].
Malus animus. Lat. A criminal intent. [People v. Quijada, GR
115008-09. July 24, 1996].
Malversation. Elements: (a) The offender is a public officer; (b) he has
the custody or control of funds or property by reason of the duties of
his office; (c) the funds or property involved are public funds or
property for which he is accountable; and (d) he has appropriated,
taken or misappropriated, or has consented to, or through
abandonment or negligence permitted, the taking by another person of,
such funds or property. [Nizurtado v. Sandiganbayan, GR 107383. Dec.
7, 1994].
Malversation of public funds or property. Crim. Law. The felony
committed by any public officer who, by reason of the duties of his

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office, is accountable for public funds or property, shall appropriate the
same, or shall take or misappropriate or shall consent, or through
abandonment or negligence, shall permit any other person to take such
public funds or property, wholly or partially, or shall otherwise be guilty
the misappropriation or malversation of such funds or property. [Art.
217, RPC].
Malversation of public funds or property. Elements: (a) That the
offender be a public officer; (b) that he had the custody or control of
funds or property by reason of the duties of his office; (c) that those
funds or property were public funds or property for which he was
accountable; (d) that he appropriated, took, misappropriated or
consented or, through abandonment or negligence permitted another
person to take them. [Agbanlog v. People, GR 105907. May 24, 1993,
citing II Reyes, The Rev. Penal Code, p. 391 (1981 ed.)].
Management prerogatives. Except as limited by special laws, the
freedom of an employer to regulate, according to his own discretion
and judgment, all aspects of employment, including hiring, work
assignments, working methods, time, place and manner of work, tools
to be used, processes to be followed, supervision of workers, working
regulations, transfer of employees, work supervision, lay-off of workers
and the discipline, dismissal and recall of work. [San Miguel Brewery
Sales Force Union (PTGWO) v. Ople, GR 53515. Feb. 8, 1989].
Manager. See Maintainer.
Managerial employee. 1. An employee whose primary duty consists of
the management of the establishment in which they are employed or of
a department or subdivision thereof, and to other officers or members
of the managerial staff. [Art. 82, LC]. 2. An employee who is vested
with power or prerogatives to lay down and execute management
policies and/or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees. [Art. 212, LC].
Managerial function. The exercise of powers such as: (a) to effectively
recommend such managerial actions; (b) to formulate or execute
management policies and decisions; or (c) to hire, transfer, suspend,
lay off, recall, dismiss, assign or discipline employees. [Arizala v. CA,
GR 43633-34. Sep. 14, 1990, citing Sec. 1 (1), Rule I, IRR, EO 180].

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Managerial staff. Under Rule I, Sec. 2(c), Book II of the Implementing
Rules of the Labor Code, to be a member of a managerial staff, the
following elements must concur or co-exist, to wit: (a) that his primary
duty consists of the performance of work directly related to
management policies; (b) that he customarily and regularly exercises
discretion and independent judgment in the performance of his
functions; (c) that he regularly and directly assists in the management
of the establishment; and (d) that he does not devote twenty per cent
of his time to work other than those described above. [Villuga v. NLRC,
GR 75038. Aug. 23, 1993].
Managers check. A check drawn by a manager of the bank, in the
name of the bank against the bank itself payable to the order of a third
person. [Diaz, Bus. Law Rev., 1991 Ed., p. 380].
Managing partner. A partner who is designated to manage the
business of the partnership. [Diaz, Bus. Law Rev., 1991 Ed., p. 189].
Mananaya. See Bettor.
Mandala. Tag. A big stack of palay. [Morenos Law Dict., 2000 Ed., p.
286].
Mandamus. Rem. Law. 1. A special civil action to compel an officer to
perform a ministerial duty but not to compel the performance of a
discretionary duty. [Calderon v. Sol. Gen., GR 103752-53. Nov. 25,
1992]. 2. A writ which commands an individual, organization (e.g.,
government), administrative tribunal or court to perform a certain
action, usually to correct a prior illegal action or a failure to act in the
first place. [Duhaime's Legal Dict., 2004]. 3. A writ by which a court
commands the performance of a particular act. [Jurists Legal Dict.,
2004]. Compare with Mandatory injunction.
Mandamus, petition for. Rem. Law. When any tribunal, corporation,
board, officer or person unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from an office,
trust, or station, or unlawfully excludes another from the use and
enjoyment of a right or office to which such other is entitled, and there
is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that
judgment be rendered commanding the respondent, immediately or at

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some other time to be specified by the court, to do the act required to
be done to protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the wrongful acts of the
respondent. [Sec. 3, Rule 65, RoC].
Mandamus; requisites for issuance of writ. Rem. Law. It is essential
for a writ of mandamus to issue that the applicant has a well-defined,
clear and certain legal right to the thing demanded and that it is the
imperative duty of defendant to perform the act required. The
corresponding duty of the respondent to perform the required act must
be clear and specific. [Valmonte v. Belmonte, GR 74930. Feb. 13,
1989].
Mandamus, writ of. Rem. Law. A writ which may issue to compel the
exercise of discretion but not to control it. Mandamus can require
action only but not specific action where the act sought to be
performed involves the exercise of discretion [Assoc. of Small
Landowners in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343,
citing Lamb v. Phipps, 22 Phil. 456].
Mandatory activity. Labor. A judicial process of settling dispute laid
down by the law. [Galvadores v. Trajano, GR L-70067, Sep. 15, 1986,
144 SCRA 138].
Mandatory injunction. Rem. Law. One that requires the performance
of a particular act. It commands acts to be done or undone and may
require performance of affirmative acts. [Morenos Law Dict., 2000 Ed.,
p. 287]. Compare with Mandamus and Prohibitory injunction.
Mandatory statutes. Laws which contain words of command or of
prohibition and non-compliance with the same renders the proceedings
to which it relates illegal and void. [Suarez, Stat. Con., (1993), p. 92].
Compare with Directory statutes.
Mangkukulam. A witch, or one who practices witchcraft. [People v.
Sario, GR L-20754 & L-20759. June 30, 1966].
Manglares. See Mangrove swamps.
Mangrove. 1. A community of intertidal plants including all species of
trees, shrubs, vines and herbs found on coasts, swamps, or border of
swamps. [Sec. 4, RA 8550]. 2. The type of forest occurring on tidal flat

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along the sea coast, extending along streams where the water is
brackish. [Sec. 3, PD 705].
Mangrove swamps. Also Manglares. Mud flats, alternately washed
and exposed by the tide, in which grows various kindred plants which
will not live except when watered by the sea, extending their roots
deep into the mud and casting their seeds, which also germinate there.
[Montano v. Insular Govt., 12 Phil. 572].
Mania. Legal Med. A disorder characterized by excessive physical activity
and feelings of extreme elation that are grossly out of proportion to any
positive event. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Compare
with Depression.
Manifest. Document used in shipping and warehousing containing a list
of the contents, value, origin, carrier and destination of the goods to be
shipped or warehoused. [Morenos Law Dict., 2000 Ed., p. 287].
Manifesta probationee non indigent. Lat. That which is known need
not be proved. [Morenos Law Dict., 2000 Ed., p. 287].
Manifestation. A memorandum manifesting and informing the court
about certain matters concerning the case. It is not entitled to any
affirmative action by the court, unlike a motion which is. [Morenos Law
Dict., 2000 Ed., p. 287].
Manifestation theory. Under this theory, the contract is perfected at
the moment when the acceptance is declared or made by the offeree.
with Cognition theory.
Manlilikha ng Bayan. A citizen or a group of citizens engaged in any
traditional art uniquely Filipino, whose distinctive skills have reached
such a high level of technical and artistic excellence and have been
passed on to and widely practiced by the present generations in his/her
community with the same degree of technical and artistic competence.
[Sec. 3, RA 7355].
Manlilikha ng Bayan Act. RA 7355 entitled An Act providing for the
recognition of national living treasures, otherwise known as the
Manlilikha ng Bayan, and the promotion and development of traditional

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folk arts, providing funds therefor, and for other purposes enacted on
Apr. 3, 1992.
Manning agency. Any person or entity duly licensed by the Sec. of
Labor to recruit seamen for vessels plying international waters and for
related maritime activities. [Sec. 1, Rule 1, IRR of LC].
Manong. Ilok. A sign of respect due an elder brother. [People v.
Somera, GR L-47275. Feb. 21, 1989].
Manoy. Tag. A term of respect for an older man. [People v. Malbago, GR
37679. May 14, 1990].
Manpower. 1. That portion of the nation's population which has actual
or potential capability to contribute directly to the production of goods
and services. [Art. 44, LC].
Manpower and Out-of-School Youth Development Act. RA 5462.
Manslaughter. The unlawful killing of another without malice, either
express or implied. Such may be either voluntary, upon a sudden heat,
or involuntarily, but in the commission of some unlawful act. [Blacks
Manual rape. For lack of a more descriptive term, the term used to
refer to rape caused not by the penis but by the fingers. [People v.
Salomon, GR 96848. Jan. 21, 1994].
Manufacture. 1. Consumer Law. Any and all operations involved in the
production, including preparation, propagation, processing, formulating,
filling, packing, repacking, altering, ornamenting, finishing, or otherwise
changing the container, wrapper, or labeling of a consumer product in
the furtherance of the distribution of the same from the original place
of manufacture to the person who makes the final delivery or sale to
the ultimate consumer. [Sec. 4, RA 8423]. 2. Optical Media Law. The
act or business of producing optical media or devices containing sounds
and/or images, or software code, including any work protected in Part
IV of the IP Code (RA 8293), by mastering and/or replication. In
relation to equipment, manufacture shall refer to the assembly or
integration of various components into any equipment useful for the
mastering, manufacture and/or replication of optical media. [Sec. 3, RA

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9239]. 3. Dangerous drugs law. The production, preparation,
compounding or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly or by
extraction from substances of natural origin, or independently by
means of chemical synthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging or repackaging of
such substances, design or configuration of its form, or labeling or
relabeling of its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in the course
of his/her professional practice including research, teaching and
chemical analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose. [Sec 3, RA 9165].
Manufacture of dangerous drug. The production, preparation,
compounding or processing of a dangerous drug either directly or
indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any packaging or
repackaging of such substance or labeling or relabeling of its container;
except that such term does not include the preparation, compounding,
packaging, or labeling of a drug or other substance by a duly
authorized practitioner as an incident to his administration or
dispensing of such drug or substance in the course of his professional
practice. [Sec. 2, RA 6425].
Manufacturer. 1. Any person entity, including a re-packer, who makes,
fabricates, assembles, processes, or labels a finished product. [Sec. 4,
RA 9211]. 2. The refinery in case of refined sugar or cooking oil, the
miller in case of flour or rice, or the importer in case of imported
processed foods or food products, or the processor in case of other
processed foods or foods products. [Sec. 3, RA 8976]. 3. Every person
who, by physical or chemical process, alters the exterior texture or form
or inner substance of any raw material or manufactured or partially
manufactured product in such manner as to have been put in its
original condition, or who by any such process alters the quality of any
such raw material or manufactured or partially manufactured products
so as to reduce it to marketable shape or prepare it for any of the use
of industry, or who by any such process combines any such raw
material or manufactured or partially manufactured products with other
materials or products of the same or of different kinds and in such

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manner that the finished products of such process or manufacture can
be put to a special use or uses to which such raw material or
manufactured or partially manufactured products in their original
condition could not have been put, and who in addition alters such raw
material or manufactured or partially manufactured products, or
combines the same to produce such finished products for the purpose
of their sale or distribution to others and not for his own use or
consumption. [Sec. 131, RA 7160].
Manufacturing and possession of instruments or implements for
falsification. Crim. Law. The felony committed by any person who
shall make or introduce into the Philippines any stamps, dies, marks, or
other instruments or implements intended to be used in the commission
of the offenses of counterfeiting or falsification. mentioned in the Rev.
Penal Code, or who, with the intention of using them, shall have in his
possession any of the instruments or implements mentioned. [Art. 176,
RPC].
Manufacturing equipment. Any and all equipment, machine or device,
now known or to be known in the future, intended or design for the
production or manufacture, by mastering and/or replication of optical
media, optical media masters, or production parts thereof. For the
purpose of RA 9239, optical disc writers and such other devices used in
personal computers not for commercial purposes shall not be
considered as manufacturing equipment. [Sec. 3, RA 9239].
Manufacturing material. Any material such as, but not limited to,
optical grade polycarbonate or polycarbonate substitutes with physical
properties suitable for the manufacture of optical media. [Sec. 3, RA
9239].
Mapping projects. Public land subdivision mapping (Plsm) and
photo-cadastral mapping (Pcadm) projects of which the greater bulk of
the activities is sketching which leads to the preparation of mere
graphical sketches or maps. [Dir. of Lands v. Sec. of ENR, GR 79684.
Feb. 19, 1991]. Compare with Cadastral survey.
Marginal farmer or fisherman. An individual engaged in subsistence
farming or fishing which shall be limited to the sale, barter or exchange
of agricultural or marine products produced by himself and his
immediate family. [Sec. 131, RA 7160].

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Marginalized disabled persons. Disabled persons who lack access to
rehabilitative services and opportunities to be able to participate fully in
socioeconomic activities and who have no means of livelihood and
whose incomes fall below the poverty threshold. [Sec. 4, RA 7277].
Margin. A landward and outer limiting edge adjacent to the border of
any water bodies or a limit beyond where beyond where saturation
zone ceases to exist. [Sec 4, RA 9275].
Marginal deposit. A collateral security given by the debtor (for a letter
of credit), and is supposed to be returned to him upon his compliance
with his secured obligation. [Abad v. CA, GR 42735. Jan. 22, 1990].
Marginal farmer or fisherman. An individual engaged in subsistence
farming or fishing which shall be limited to the sale, barter or exchange
of agricultural or marine products produced by himself and his
immediate family. [Sec. 131(p), LGC].
Marginal fisherman. An individual engaged in fishing whose margin of
return or reward in his harvest of fish as measured by existing price
levels is barely sufficient to yield a profit or cover the cost of gathering
the fish. [Tano v. Socrates, GR 110249. Aug. 21, 1997, citing Webster's
3rd New Intl. Dict., p. 1381 (1993)]. Compare with Subsistence
fisherman.
Margin levy (on foreign exchange). A form of exchange control or
restriction designed to discourage imports and encourage exports and
ultimately curtail any excessive demand upon the international reserve
in order to stabilize the currency. [Morenos Law Dict., 2000 Ed., p.
288].
Margin of solvency. An excess of the value of the admitted assets
required to be maintained by an insurance company doing business in
the Philippines exclusive of its paid-up capital, in the case of a domestic
company, or an excess of the value of its admitted assets in the
Philippines, exclusive of its security deposits, in the case of a foreign
company, over the amount of its liabilities, unearned premium and
reinsurance reserves in the Philippines of at least two per mille of the
total amount of its insurance in force as of the preceding calendar year
on all policies, except term insurance, in the case of a life insurance
company, or of at least ten per centum of the total amount of its net

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premium written during the preceding calendar year, in the case of a
company other than a life insurance company. [Sec. 194, IC].
Marijuana or Indian hemp. See Cannabis.
MARINA. Maritime Industry Authority. [Sec. 3, RA 9295].
Marine insurance. Insurance against risks connected with navigation to
which a ship, cargo, freightage, profits or other insurable interest in
movable property may be exposed during a certain voyage a fixed
period of time.
Marine parks. Any off-shore area inhabited by rare and unique species
of marine flora and fauna. [Sec. 3, PD 705].
Marine protection and indemnity insurance. Insurance against, or
against legal liability of the insured for loss, damage, or expense
incident to ownership, operation, chartering, maintenance, use, repair,
or construction of any vessel, craft or instrumentality in use of ocean or
inland waterways, including liability of the insured for personal injury,
illness or death or for loss of or damage to the property of another
person. [Sec. 99, IC].
Marine protest. A written statement under oath, made by the master of
a vessel after the occurrence of an accident or disaster in which the
vessel or cargo is lost or injured, with respect to the circumstances
attending such occurrence. It is usually intended to show that the loss
or damage resulted from a peril of the sea, or from some other cause
for which neither the master nor the owner was responsible, and
concludes with the protestation against any liability of the owner for
such loss or damage. [Morenos Law Dict., 2000 Ed., pp. 288-289].
Marine risk note. An acknowledgment or declaration of the insurer
confirming the specific shipment covered by its Marine Open Policy, the
evaluation of the cargo and the chargeable premium. [Aboitiz Shipping
Corp. v. Phil. Amer. Gen. Ins. Co., GR 77530. Oct. 5, 1989].
Marital disqualification rule. The disqualification of the husband or
the wife to testify, during their marriage, for or against the other
without the consent of the affected spouse, except in a civil case by
one against the other, or in a criminal case for a crime committed by

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one against the other or the latter's direct descendants or ascendants.
Maritime commerce. The business of navigation upon the sea, or to
business transacted on the sea or in seaports. [Torres, Oblig. & Cont.,
2000 Ed., p. 344].
Maritime domain. Also Fluvial domain. The bodies of water within
the land mass and the waters adjacent to the coasts of a state to a
specified limit, including land-locked lakes, rivers, man-made canals,
the waters in certain gulfs, bays and straits, and the territorial sea.
Maritime industry. All enterprises engaged in the business of
designing, constructing, manufacturing, acquiring, operating, supplying,
repairing and/or maintaining vessels, or component parts thereof; of
managing and/or operating shipping lines, stevedoring arrastre and
customs brokerage services, shipyards, drydocks, marine railways,
marine repair shops, shipping and freight forwarding agencies and
similar enterprises. [Sec. 3, PD 474].
Maritime law. A very specific body of law peculiar to transportation by
water, seamen and harbors. [Duhaime's Legal Dict., 2004]. See also
Admiralty law.
Maritime lien. A charge or claim against a vessel or its cargo. [Intl. Law
Mark. Any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or
marked container of goods. [Sec. 38, RA 166].
Market access opportunity. The
volume of imports of an agricultural
volume of domestic consumption of
the three (3) immediately preceding
[Sec. 4, RA 8800].
percentage of the total annual

product to the corresponding total
the said product in the country in
years for which data are available.
Market-driven strategy. See User-led strategy.

Market infrastructure. 1. Facilities including, but not limited to, market
buildings, slaughterhouses, holding pens, warehouses, market

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information centers, connecting roads, transport and communication
and cold storage used by the farmers and fisherfolk in marketing their
produce. [Sec. 4, RA 8435]. 2. Facilities such as market buildings,
slaughterhouses, holding pens and cold storage used by the farmers in
marketing their produce. [Sec. 4, RA 7607].
Marketing cooperative. One which engages in the supply of
production inputs to members and markets their products. [Art. 23, RA
6938].
Market price. The price which would be realized for petroleum
produced under a contract if sold in a transaction between independent
persons dealing at arm's length in a free market. [Sec. 3, PD 87].
Market value. 1. The highest price estimated in terms of money which
the property will buy if exposed for sale in the open market allowing a
reasonable time to find a purchaser who buys with knowledge of all the
uses to which it is adapted and for which it is capable of being used.
The price which a willing seller would sell and willing buyer would buy,
neither being under abnormal pressure. [Sec. 3, PD 464]. 2. That
reasonable sum which the property would bring on a fair sale by a man
willing but not obliged to sell to a man willing but not obliged to buy.
[Sedgewick on Damages, Sec. 245. Cited in Compagnie Franco-Indo
Chinoise v. Deutch-Australische, 39 Phil., 474]. 3. A basis for the
amount in which the property is to be disposed of. It is the amount
which can be bought or sold for at the real estate market, between a
willing buyer and willing seller, both having reasonable knowledge of all
relevant facts and with equity to both. [Memo. from the Exec. Sec.
dated Aug. 20, 1998].
Marking. Evid. The marking of all exhibits to facilitate their identification.
It may be made at the pre-trial or during the trial. The plaintiff and the
prosecution use capital letters (A, B, C", etc.) and the accused use
Arabic numbers (1, 2, 3, etc.).
Marriage. 1. A special contract of permanent union between a man and
a woman entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and an
inviolable social institution whose nature, consequences, and incidents
are governed by law and not subject to stipulation, except that
marriage settlements may fix the property relations during the marriage
within the limits provided by the Family Code. [Art. 1, FC]. 2. It is not

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only a civil contract, but it is a new relation, an institution in the
maintenance of which the public is deeply interested. [Adong v. Cheong
See Gee, GR L-18081. Mar. 3, 1922]. 3. The state-recognized, voluntary
and exclusive contract for the lifelong union of two persons. [Duhaime's
Legal Dict., 2004].
Marriage. Essential requisites for validity: (a) Legal capacity of the
contracting parties who must be a male and a female; and (b) Consent
freely given in the presence of the solemnizing officer. [Art. 2, FC].
Marriage. Formal requisites for validity: (a) Authority of the solemnizing
officer; (b) a valid marriage license; except in the cases provided for in
Chap. 2, Title I of the Family Code; and (c) a marriage ceremony which
takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each
other as husband and wife in the presence of not less than two
witnesses of legal age. [Art. 3, FC].
Marriage contracted against provisions of laws. Crim. Law. The
felony committed by any person who, without being included in the
provisions of the Art. 349 of the Rev. Penal Code, shall have contracted
marriage knowing that the requirements of the law have not been
complied with or that the marriage is in disregard of a legal
impediment, or by either of the contracting parties who shall obtain the
consent of the other by means of violence, intimidation or fraud. [Art.
350, RPC].
Marriage license. An authority given by the state to its citizens to
enable them to get married. A positive testimony that the parties
possess all the qualifications and none of the disqualifications provided
by law for marriage. [Morenos Law Dict., 2000 Ed., p. 290].
Marriage settlement. A contract entered into by a man and a woman
who intend or plan to get married fixing the property regime that will
govern their present and future properties during their marriage.
Marshall dictum. The power to tax is the power to destroy.
Holmes dictum. See Power to tax is the power to destroy.

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Marshalling yard. A designated open storage area within the container
terminal where containers are stocked systematically in preparation for
loading aboard the container ship. [Sec. 1, PPA Admin. Order 08-79].
Marshy land. Land bordering on shores and banks of navigable rivers
and lakes; it is generally swampy or soft wet land. [Pea, Phil. Law on
Natural Resources, 1997 Rev. Ed., p. 87].
Martial law. 1. A law of actual military necessity in actual presence of
war, and is administered by the general of the army, whose will it is,
subject to slight limitations." [In Re: Aquino v. Enrile, GR L-35546. Sep.
17, 1974, citing Constantin v. Smith, DC Text, 57 F. 2d 239]. 2. The
exercise of the power which resides in the executive branch of the
government to preserve order and insure the public safety in times of
emergency, when other branches of the government are unable to
function, or their functioning would itself threaten the public safety.
[Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973].
Martial law power of the President. The power of the President, as
the Commander-in-Chief of all armed forces of the Philippines, to call
out such armed forces, whenever it becomes necessary, to prevent or
suppress lawless violence, invasion or rebellion, and, in case of invasion
or rebellion, when the public safety requires it, to suspend, for a period
not exceeding sixty days, the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law. [Sec. 10
(2), Art. VII, 1987 Const.].
Masama. A Tagalog term which connotes bad or evil. [Morenos Law
Dict., 2000 Ed., p. 290].
Masiao. An illegal numbers game where the winning combination is
derived from the results of the last game of Jai Alai or the Special Llave
portion or any result thereof based on any fictitious Jai Alai game
consisting of ten (10) players pitted against one another, and its
variants. [Sec. 2, RA 9287].
Mask. A covering for the face. [People v. Almenario, GR 66420. Apr. 17,
1989]. Compare with Hood.
Masochism. Legal Med. The sexual enjoyment a person receives from
being harmed, threatened or abused. The pain and humiliation from
the partner is the primary factor for sexual gratification. The sexual

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deviate needs to sustain pain and suffering in order to attain orgasm.
[Olarte, Legal Med., 1st Ed. (2004), p. 116]. Compare with Sadism.
Massage. A method wherein the superficial soft parts of the body are
rubbed or stroked or kneaded for remedial or aesthetic or hygienic
purposes. [Sec. 59, PD 856].
Massage clinic. An establishment where massage is administered to
customers. [Sec. 59, PD 856].
Massage clinic attendant. A trained person duly permitted by the
Secretary or his authorized representative to massage customers under
the guidance and supervision of a masseur. [Sec. 59, PD 856].
Masseur. A trained person duly licensed by the Secretary or his
authorized representative to perform massage and to supervise
massage clinic attendants. [Sec. 59, PD 856].
Mass media. 1. Any means or methods used to convey advertising
messages to the public such as television, radio, magazines, cinema,
billboards, posters, streamers, hand bills, leaflets, mails and the like.
[Art. 4, RA 7394]. 2. Any medium of communication designed to reach
a mass of people. For this purposes, mass media includes print media
such as, but not limited to, newspapers, magazines, and publications;
broadcast media such as, but not limited to, radio, television, cable
television, and cinema; electronic media such as but not limited to the
internet. [Sec. 4, RA 9211].
Mastering. The act or business of producing a stamper made of glass,
metal or other material, intended for the manufacture of optical media.
[Sec. 3, RA 9239].
Master-servant relationship. The relation between one who not only
prescribes to the workman the end of his work but directs or at any
moment may direct the means also, or retains the power of controlling
the work. [Morenos Law Dict., 2000 Ed., p. 290].
Masturbation. Also Self-gratification. Legal Med. The manual
manipulation of the male penis to the point of ejaculation or of the
vestibule, labia minora and clitoris which is the female penis, or the
introduction of a penis substitute. [Olarte, Legal Med., 1st Ed. (2004),
p. 114].

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Matching. The judicious pairing of the adoptive child and the applicant
to promote a mutually satisfying parent-child relationship. [Sec. 3, RA
8043].
Material alteration. Nego Inst. Law. Any alteration which changes: (a)
the date; (b) the sum payable, either for principal or interest; (c) the
time or place of payment; (d) the number or the relations of the
parties; (e) the medium or currency in which payment is to be made;
(f) or which adds a place of payment where no place of payment is
specified, or any other change or addition which alters the effect of the
instrument in any respect, is a material alteration. [Sec. 125, NIL].
Material crimes. Those crimes which have three stages of execution,
namely, attempted, frustrated and consummated. [Gregorio, Fund. of
Material data rule. The rule in Sec. 6, Rule 41 of the Rules of Court to
the effect that where the trial court finds and declares in its order of
approval of a record on appeal that it was filed on time or within the
reglementary period and the correctness, accuracy and veracity of such
finding are not impugned, questioned or disputed by the adverse party,
the non-inclusion of a motion or order is not fatal and does not warrant
dismissal of the appeal since the appellate court may properly rely on
the trial court's order of approval and determination of timeless of
appeal. [Aznar v. CA, GR L-38134. Sep. 30, 1978].
Material evidence. Evidence which is relevant to the issues in a case.
Material fact. Ins. A fact which would affect the judgment of a prudent
underwriter in deciding whether to accept the risk and if so, at what
rate of premium and subject to what terms and conditions. [Tiopianco,
Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p.
41].
Material interest. An interest in issue and to be affected by the decree,
as distinguished from mere interest in the question involved, or a mere
incidental interest. Moreover, the interest of the party plaintiff must be
personal and not one based on a desire to vindicate the constitutional
right of some third and unrelated party. [De Joya v. PCGG, GR 96541.
Aug. 24, 1993].

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Materially defective product. A product which, because of the pattern
of the defect, the number of defective products distributed in
commerce and the severity of the risk or otherwise, creates a
substantial risk of injury to the public. [Art. 4, RA 7394].
Material matter. The main fact which was the subject of the inquiry, or
any circumstance which tends to prove the fact, or any fact or
circumstance which tends to corroborate or strengthen the testimony
relative to the subject of the inquiry, or which legitimately affects the
credits of any witness who testifies. [US v. Estraa, GR 5751. Sep. 6,
1910, citing In Franklin Country 5 Ohio S. & c. Pl. Dec., 691].
Material possession. Natural possession or possession de facto.
[Gatchalian v. Arlegui, GR L-35615. Feb. 17, 1977].
Maternity home. An institution or place of residence whose primary
function is to give shelter and care to pregnant women and their infants
before, during and after delivery. [Art. 117, PD 603].
Maternity leave benefits. The leave benefits of at least two (2) weeks
before and four (4) weeks after the delivery, miscarriage or abortion,
with full pay based on her regular or average weekly wages, granted by
the employer to a pregnant woman employee who has rendered an
aggregate service of at least six (6) months for the last twelve (12)
months immediately preceding the expected date of delivery, or the
complete abortion or miscarriage. [Art. 133, LC].
Maton. See Siga-siga.
Matriculation fee. Fee collected by the school in consideration for the
acceptance and registration of student. [Sec. 1, PD 577].
Matrimony. The legal state of being married. [Duhaime's Legal Dict.,
2004].
Matters of judicial notice. Material requisites: (a) The matter must be
one of common and general knowledge; (b) it must be well and
authoritatively settled and not doubtful or uncertain; and (c) it must be
known to be within the limits of the jurisdiction of the court. [State
Prosecutors v. Muro, AM RTJ-92-876. Sep. 19, 1994, citing 20 Am. Jur.,
Evidence, Sec. 17, 48].

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Maturity period. The time when the conditions and obligations of
contracts are to be completely fulfilled. [Morenos Law Dict., 2000 Ed.,
p. 291].
Maximum sustainable yield (MSY). The largest average quantity of
fish that can be harvested from a fish stocks/resource within a period of
time (e.g. one year) on a sustainable basis under existing
environmental conditions. [Sec. 4, RA 8550].
Maximum tolerance. The highest degree of restraint that the military,
police and other peace keeping authorities shall observe during a public
assembly or in the dispersal of the same. [Sec.3, BP 880].
May. 1. An auxiliary verb indicating liberty, opportunity, permission or
possibility. [Capati v. Ocampo, GR L-28742. Apr. 30, 1982]. 2. Usually
permissive, not mandatory. [Luna v. Abaya, 86 Phil. 472 (1950)].
May be. The term connotes possibility; it does not connote certainty.
[Capati v. Ocampo, GR L-28742. Apr. 30, 1982].
Mayorazgo. Sp. From major natu, the first-born. The right to succeed
to the property left upon the condition that it be preserved perpetually
intact in the family and that it be transmitted in order of succession to
each next first-born. The confiding of the entailed properties to the
first-born in order that he may preserve them for the family and deliver
them to his successor. [Barretto v. Tuason, GR 23923. Mar. 23, 1926].
MCTC. Municipal Circuit Trial Court.
Meal period. Time-off given by the employers for the regular meals of
their employees which shall not be less than sixty minutes. [Art. 85,
LC].
Means test. A protocol administered at the barangay level to determine
the ability of individuals or households to pay varying levels of
contributions to the National Health Insurance Program, ranging from
the indigent in the community whose contributions should be totally
subsidized by the government, to those who can afford to subsidize
part but not all the required contributions for the Program. [Sec. 1, RA
9241].

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Measured capacity. The estimated additional volume of production
which the Board of Investments determines to be desirable in each
preferred and pioneer area of investment, in order to supply the needs
of the economy at reasonable prices, taking into account the export
potential of the area. Measured capacity shall not be less than the
amount by which the measurable market demand exceeds the existing
productive capacity in said preferred and pioneer areas nor shall
measured capacity be so much in excess of measurable market demand
as to foster or encourage overcrowding in any such area. [Sec. 3, RA
5186].
Measurement. Quantitative expression of the state of phenomenon or
matter such as length, mass, time, electric current, temperature, light
intensity, surface area, volume, velocity, acceleration, force, pressure,
work, power, beat, angle, and others. [Sec. 2, BP 8].
Mechanical engineering, practice of. A person shall be deemed to be
practicing mechanical engineering or rendering mechanical engineering
service within the meaning and intent of RA 5336, who shall, for a fee,
salary or other reward or compensation paid to himself or to another
person, or even without such reward or compensation, render
professional mechanical engineering service in the form of consultation,
investigation, valuation, planning, design, or preparation of
specifications or estimates for, or take charge of management,
administration and supervision of the construction, erection, installation
or alteration of, or render engineering service in connection with the
manufacture, sale, supply or distribution of, or to manage, operate,
tend or maintain any mechanical equipment machinery or process, for
any mechanical works, project or plant; or who shall, by means of
signs, cards, advertisement or in any other way, offer to practice
mechanical engineering or to render professional mechanical
engineering service, or who shall in connection with his name, or
otherwise, use, assume or advertise any title or description tending to
convey the impression that he is a professional mechanical engineer, or
mechanical engineer, or certified plant mechanic, or that he is engaged
in the practice of mechanical engineering as defined in RA 5336. [Sec.
13, RA 5336].
Mechanics lien. The possessory right of a contractor in Art. 1731 of the
Civil Code. The contractors right is to hold the movable in pledge or as
security for the payment of what is due him by way of service charge,
and to move for the sale of the movable pledged in order to collect the

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amount claimed from the proceeds. [Morenos Law Dict., 2000 Ed., p.
291].
Med-arbiter. An official in the DOLE-Regional Office authorized to hear,
conciliate, mediate and decide representation cases, internal union and
inter-union disputes. [Sec. 1, Rule 1, Book 5, IRR of LC].
Mediation. 1. A voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assist
the parties in reaching a voluntary agreement regarding a dispute.
[Sec. 3, RA 9285]. 2. A form of alternative dispute resolution in which
the parties bring their dispute to a neutral third party, who helps them
agree on a settlement. [Glossary of Legal Terms (Pro-Se), 2004].
Mediation-arbitration. Also Med-arb. A step dispute resolution
process involving both mediation and arbitration. [Sec. 3, RA 9285].
Mediation party. A person who participates in a mediation and whose
consent is necessary to resolve the dispute. [Sec. 3, RA 9285].
Mediator. A person who conducts mediation. [Sec. 3, RA 9285].
Medical Act of 1959, The. RA 2382 enacted on June 20, 1959 which
provides for and governs (a) the standardization and regulation of
medical education; (b) the examination for registration of physicians;
and (c) the supervision, control and regulation of the practice of
medicine in the Philippines.
Medical care expenses. Amounts paid for the diagnosis, cure,
mitigation, treatment, or prevention of diseases, or for the purpose of
affecting any structure or function of the body, but excluding amounts
paid for medicines. [Sec. 30, PD 69].
Medical clinic. A place in which patients can avail of medical
consultation or treatment on an outpatient basis. [Sec. 2, RA 8344].
Medical confidentiality. The relationship of trust and confidence
created or existing between a patient or a person with HIV and his
attending physician, consulting medical specialist, nurse, medical
technologist and all other health workers or personnel involved in any
counseling, testing or professional care of the former; it also applies to

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any person who, in any official capacity, has acquired or may have
acquired such confidential information. [Sec. 4, RA 8496].
Medical malpractice or negligence. That type of claim which a victim
has available to him or her to redress a wrong committed by a medical
professional which has caused bodily harm. [Garcia-Rueda v. Pascasio,
GR 118141. Sep. 5, 1997]. In order to successfully pursue such a claim,
a patient must prove that a health care provider, in most cases a
physician, either failed to do something which a reasonably prudent
health care provider would have done, or that he did something that a
reasonably prudent provider would not have done; and that failure or
action caused injury to the patient. [Garcia-Rueda v. Pascasio, GR
118141. Sep. 5, 1997, citing www.medicalmal.com/neglig.html]
Medical negligence. Elements involved: duty, breach, injury and
proximate causation. [Garcia-Rueda v. Pascasio, GR 118141. Sep. 5,
1997].
Medical physicist. A physicist who specializes in the application of the
principles and techniques of physics in medicine. [Sec. 3, RA 7431].
Medical technician. A person who not being a graduate of Bachelor of
Science in Medical Technology/Bachelor of Science in Hygiene, but
having passed the corresponding civil service examination, performs
the work of medical technology under the supervision of a registered
medical technologist and/or qualified pathologist. [Sec. 2, RA 5527].
Medical technologist. A person who engages in the work of medical
technology under the supervision of a pathologist or licensed physician
authorized by the Department of Health in places where there is no
pathologist and who having passed a prescribed course (Bachelor of
Science in Medical Technology/Bachelor of Science in Hygiene) of
training and examination is registered under the provision of RA 5527.
[Sec. 2, RA 5527].
Medical technology. An auxiliary branch of laboratory medicine which
deals with the examination by various chemical, microscopic,
bacteriologic and other medical laboratory procedures or technic which
will aid the physician in the diagnosis, study and treatment of disease
and in the promotion of health in general. [Sec. 2, RA 5527].

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Medical technology, practice of. A person shall be deemed to be in
the practice of medical technology within the meaning of PD 498, who
shall for a fee, salary or other compensation or reward paid or given
directly or indirectly through another, renders any of the following
professional services for the purpose of aiding the physician in the
diagnosis, study and treatment of diseases and in the promotion of
health in general. [Sec. 2, PD 498].
Medicare. The health insurance program currently being implemented
by the Philippine Medical Care Commission. It consists of: (a) Program
I, which covers members of the SSS and GSIS including their legal
dependents; and (b) Program II, which is intended for those not
covered under Program I. [Sec. 1, RA 9241].
Medicinal preparations. Substances used in medicine and prepared for
the use of the apothecary or the physician to be administered as a
remedy for diseases [La Tondea v. Coll. of Int. Rev., 10 SCRA 709,
citing Law Dict., Ballantine, Phil. Ed.].
Medicine sample. Medicine given free to members of the medical
profession by drug manufacturers. [Morenos Law Dict., 2000 Ed., p.
291].
Medico-legal officers. Physicians or their duly designated deputies,
from the National Bureau of Investigation (NBI), the Philippine National
Police Crime Laboratory (PNP), the Military Forces (Army, Marines,
Navy, Air Force) or any similar government institution or department
who have custody of medico-legal case and violent deaths, such cases
being defined as: (a) death from accidents or trauma; (b) death from
homicide/murder or apparent suicide; (c) death from undetermined
cause; or (d) violent deaths such as military casualties. [Sec. 4, DOH
Medulla oblongata. The lowest or posterior part of the brain, extending
from the isthmust rhombencephali to the spinal cord into which it
gradually tapers off. It connects the brain with the spinal cord.
Mejora. Sp. Betterment. The disposition by parents of one of the
two-thirds forming the legitime in order to apply it as betterment to
their legitimate children or descendants. [Estorque v. Estorque, GR
L-19573. June 30, 1970, citing Art. 808, par. 2, Sp. Civil Code].

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Melancholia. Legal Med. An intense feeling of depression and misery
which is unwarranted by his physical condition and external
environment. [Olarte, Legal Med., 1st Ed. (2004), p. 150].
Member. Any person whose premiums have been regularly paid to the
National Health Insurance Program. He may be a paying member, or a
pensioner/retiree member. [Sec. 1, RA 9241].
Members. The corporators of a non-stock corporation. [Sec. 5, CC].
Members of the family. Those persons having family relations referred
to under Art. 150 of the Family Code. It shall include the employer
parent's or legal guardian's husband or wife, parents, children, other
ascendants or descendants, brothers and sisters whether of full or half
blood. [Sec. 2, RA 7658].
Memo debet bis vexare pro una et eadem causa. Lat. No man shall
be twice vexed for one and the same cause. [Ex parte Lange, 18 Wall
163, 168; 21 Law Ed 872; U.S. v. Throckmorton, 98 U.S. 61; 25 Law
Ed. 93].
Memoir or memorandum. Intl. Law. A diplomatic note, either signed
or merely initiated by the negotiators, containing salient points. [Coquia
Memorandum. Rem. Law. An informal note or instrument embodying
something the parties desire to have in written evidence. [Glossary of
Memorandum check. It is in the form of an ordinary check, with the
word "memorandum", "memo" or "mem" written across its face,
signifying that the maker or drawer engages to pay the bona fide
holder absolutely, without any condition concerning its presentment.
Such a check is an evidence of debt against the drawer, and although
may not be intended to be presented, has the same effect as an
ordinary check, and if passed to a third person, will be valid in his
hands like any other check. [People v. Nitafan, GR 75954. Oct. 22,
1992].
Memorandum decision. 1. A decision rendered by an appellate court
which incorporates by reference the findings of fact or the conclusions

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of law contained in the decision, order or ruling under review.
[Francisco v. Permskul, GR 81006. May 12, 1989]. 2. A decision of the
appellate court which adopt the findings and the conclusion of the trial
court. [Claridades, A., Compilation of Notes, 2001-2006].
Memorandum of Understanding (MOU). A document which, if
meeting the other criteria, can be, in law, a contract. Generally, in the
world of commerce or international negotiations, an MOU is considered
to be a preliminary document; not a comprehensive agreement
between two parties but rather an interim or partial agreement on
some elements, in some cases a mere agreement in principle, on which
there has been accord. Most MOU's imply that something more is
eventually expected. [Duhaime's Legal Dict., 2004].
Memorialized. In writing. [Glossary of Legal Terms (Pro-Se), 2004].
Memory pack diskette. A device used to store data. [Sec. 2, RA 8046].
Memory pack receiver. A dedicated machine that reads memory
packs. [Sec. 2, RA 8046].
Menarche. The onset of the first menstruation of a girl. [Morenos Law
Dict., 2000 Ed., p. 292].
Mendicancy Law of 1978. PD 1563 entitled Establishing an integrated
system for the control and eradication of mendicancy, providing
penalties, appropriating funds therefor, and for other purposes signed
into law on June 11, 1978.
Mendicant. Any person, except those enumerated in Sec. 4 of PD 1563,
who has no visible and legal means of support, or lawful employment
and who is physically able to work but neglects to apply himself to
some lawful calling and instead uses begging as a means of living.
[Sec. 3, PD 1563].
Mens rea. Lat. Guilty mind. 1. Many serious crimes require the proof of
mens rea before a person can be convicted. In other words, the
prosecution must prove not only that the accused committed the
offense but that he did it knowing that it was prohibited; that his act or
omission was done with an intent to commit a crime. [Duhaime's Legal
Dict., 2004]. 2. A guilty mind, a guilty or wrongful purpose or criminal

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intent. [People v. Moreno, GR 126921. Aug. 28, 1998, citing Black's
Law Dict., 5th Ed., p. 889].
Mental anguish. Distress or serious pain as distinguished from
annoyance, regret or vexation. [Morenos Law Dict., 2000 Ed., p. 293].
Mental deficiency or retardation. A sub-average intellectual ability
present from birth or early infancy. [Olarte, Legal Med., 1st Ed. (2004),
p. 155].
Mental pachyderm. A distorted mind, a mind that is insensible,
unfeeling, senseless, hardened, callous. [People v. Aquino, GR L-23908.
Oct. 29, 1966, citing Thesaurus of Words and Phrases, p. 121, (1947)].
Mercantile agency. Any person engaged in the gathering information
as to the financial standing ability or credit of persons engaged in
business, and reporting the same to subscribers or to customers
applying and paying therefor. [Sec. 1, PD 426]. See Collecting
agency.
Mercenary. Intl. Law. A volunteer who, for monetary award, enters into
an agreement to fight for the armed forces of a foreign State or an
entity purporting to exercise authority over a country or people or part
thereof. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 611].
Merchandise. As used in Bulk Sales Law, things and articles which are
kept for sale by a merchant. [Morenos Law Dict., 2000 Ed., p. 293].
Merchant. 1. A person engaged in the sale, barter, or exchange of
personal property of whatever character. [Sec. 1459, Act 2711;
Whitaker v. Rafferty, GR 11962. Aug. 27, 1918]. 2. A person engaged
in buying and selling merchandise at a fixed place of business, which
business is conducted in his name, and who during the time he claims
to be engaged as a merchant does not engage in the performance of
any manual labor except such as is necessary in the conduct of his
business as such merchant [Singh v. Board of Comm., GR L-11015.
Feb. 25, 1961, citing Sec. 12, Act 702].
Merchants. (a) Those who, having legal capacity to engage in
commerce, habitually devote themselves to it, and (b) commercial or

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industrial companies which may be created in accordance with law.
[Art. 1, Code of Commerce].
Merchant marine deck officer. A duly registered, certified and
licensed master mariner, chief mate and officer-in-charge of a
navigational watch. [Sec. 4, RA 8544].
Merchant marine engineer officer. A duly registered, certified and
licensed chief engineer, second engineer, and officer-in-charge of an
engineering watch in a manned engine-room or designated duty
engineer in a periodically unmanned engine-room, and coastal
engineer. [Sec. 4, RA 8544].
Merchant marine officer. Marine deck or engineer officer. [Sec. 4, RA
8544].
Merchant marine profession, practice of. The profession requiring
the application of fundamental and known principles of navigation,
seamanship and engineering to the peculiar condition and requirements
of on board management, operation and maintenance of main
propulsion and auxiliary engines, stability and trim of the vessel and
cargo handling. [Sec. 4, RA 8544].
Merchant marine vessel. Applies only to the commercial ships,
propelled by machinery, public or private, strictly engaged in maritime
commerce, both seagoing and/or near-coastal trade, vessels engaged
in the training of cadets for the merchant marine profession, and
noncombatant vessels of the Philippine Government. [Sec. 4, RA 8544].
Merger. Corp. Law. 1. The union of two companies that results in the
continuation of the corporate existence and survival of one constituent
company and dissolution of the other. [Tiopianco, Commentaries &
Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. 2. The
absorption of one thing or right into another. [Glossary of Legal Terms
(Pro-Se), 2004]. See Confusion.
Merger and consolidation. Corp. Law. The merger of two or more
corporations into a single corporation which shall be one of the
constituent corporations or may consolidate into a new single
corporation which shall be the consolidated corporation. [Sec. 76, Corp.
Code]. Compare with Consolidation.

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Merger rule. Intl. Law. Legal rule that the treaties in effect in a former
state remain in effect in its territory when it becomes part of a new
state. [Intl. Law Dict. & Direct., 2004].
Meridional block. See Block.
Merits. A matter of substance in law, as distinguished from matter of
form, and as the real or substantial grounds of action or defense, in
contradistinction to some technical or collateral matter raised in the
course of the suit. A judgment is upon the merits when it amounts to a
declaration of the law as to the respective rights and duties of the
parties, based upon the ultimate fact or state of facts disclosed by the
pleadings and evidence, and upon which the right of recovery depends,
irrespective of formal, technical or dilatory objections or contentions.
[Escarte v. Off. of the Pres., GR 58668. Dec. 4, 1990, citing Francisco,
Rev. Rules of Court, Vol. II, pp. 841-842].
Metallic deposits. Those which contain any of the metallic elements or
minerals, or their combination, such as gold, silver, platinum, tin,
chromium, iron, manganese, copper, nickel, lead, zinc cinnabar,
tungsten and the like. [Sec. 18, PD 464].
Metallurgy or metallurgical engineering, practice of. (a) A person
shall be deemed to be practising metallurgical engineering within the
meaning and intent of PD 1563 who shall, for a fee, salary or other
reward or compensation, paid to him or through another person, or
even without such reward or compensation, render or offer to render
professional service in metallurgy or metallurgical engineering in the
form of consultation, investigation, valuation, planning, designing or
supervision of operation; (b) The term metallurgy or metallurgical
engineering as used in this Decree, shall mean the teaching and
practice of the science and technology of preparing minerals and metals
from ores by separating them from mechanical mixture and chemical
combination and/or finally processing them for use. [Sec. 12, PD 1536].
Metals industry. The manufacture from ore materials of products of all
precious, base and rare metals and their alloys, including all processes
from smelting in direct and indirect reduction furnaces to the final
finished product state, either separately or part of an integrated
process. [Sec. 2, RA 6428].
MeTC. Metropolitan Trial Court.

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Meter or metre. The base unit of length which is the length equal to 1
650 763.73 wavelengths in vacuum of the radiation corresponding to
the transition between the levels 2p 10 and 5d 5 of the krypton 86
atom. [Sec. 4, BP 8].
Methamphetamine hydrochloride. Commonly known as "Shabu",
"Ice", "Meth", or by its any other name. The drug having such chemical
composition, including any of its isomers or derivatives in any form.
[Sec 3, RA 9165].
Methylenedioxymethamphetamine or Ecstasy. The drug having
such chemical composition, including any of its isomers or derivatives in
any form. [Sec 3, RA 9165].
Metric system. The international System of Units, or SI in brief, as
established by the General Conference of Weights and Measures and as
interpreted or modified by the Metric System Board, established
pursuant to PD 187, as amended by PD 748, to suit Philippine
conditions. [Sec. 2, BP 8].
Metropolitan Manila. A public corporation, originally created under PD
824, embracing the cities of Caloocan, Manila, Mandaluyong, Makati,
Pasay, Pasig, Quezon, and Muntinlupa, Las Pias, Malabon, Marikina,
Paraaque, Taguig, and Valenzuela, and the municipalities of Navotas,
Pateros and San Juan, which was later constituted into a special
development and administrative region subject to direct supervision of
the President of the Philippines by virtue of RA 7924.
Metropolitan Manila Development Authority (MMDA). The
government body created under RA 7924 to administer the affairs of
Metropolitan Manila.
Micro-enterprise. Any economic enterprise with a capital of
P150,000.00 and below. This amount is subject to periodic
determination of the DTI to reflect economic changes. [Sec. 3, RA
8425].
Microfinance. A credit and savings mobilization program exclusively for
the poor to improve the asset base of households and expand the
access to savings of the poor. It involves the use of viable alternative
credit schemes and savings programs including the extension of small

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loans, simplified loan application procedures, group character loans,
collateral-free arrangements, alternative loan repayments, minimum
requirements for savings, and small denominated savers' instruments.
[Sec. 3, RA 8425].
Micronutrient. An essential nutrient required by the body in very small
quantities; recommended intakes are in milligrams or micrograms. [Sec.
3, RA 8976].
Micronutrient malnutrition. A disorder resulting from deficiencies in
vitamin A, iron, iodine and other micronutrients which the body needs
in minute quantities everyday. [Sec. 4, RA 8172].
Middle-level manpower. Those (a) who have acquired practical skills
and knowledge through formal or non-formal education and training
equivalent to at least a secondary education but preferably a
post-secondary education with a corresponding degree or diploma; or
(b) skilled workers who have become highly competent in their trade or
craft as attested by industry. [Sec. 4, RA 7796].
Midnight appointments. Also Last minutes appointments. Mass
ad-interim appointments issued in the last hours of an outgoing Chief
Executive (which) are to be considered by the Commission on
Appointments as different from that to be submitted by an incoming
Chief Executive who may not wholly approve of the selections,
especially if it is doubtful that the outgoing President exercised double
care in extending such appointments. [Aytona v. Castillo, GR L-19313.
Jan. 19, 1962].
Might. The word does not connote an agreement to do something. It is
an expression of a probable intention to do but cannot be categorized
as an offer or promise to do it. [Morenos Law Dict., 2000 Ed., p. 293].
Migrant worker. A person who is to be engaged, is engaged or has
been engaged in a remunerated activity in a state of which he is not a
legal resident; to be used interchangeably with Overseas Filipino
Workers. [Sec. 2, IRR, RA 8042].
Migrant Workers and Overseas Filipinos Act of 1995. RA 8042
entitled An Act to institute the policies of overseas employment and
establish a higher standard of protection and promotion of the welfare

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of migrant workers, their families and overseas Filipinos in distress, and
for other purposes enacted on June 7, 1995.
Migratory species. Any fishery species which in the course of their life
could travel from freshwater to marine water or vice versa, or any
marine species which travel over great distances in waters of the ocean
as part of their behavioral adaptation for survival and speciation. [Sec.
4, RA 8550].
Military. All branches of the Armed Forces of the Philippines including
(sic) the Philippine National Police, the Bureau of Jail Management and
Penology, and the Bureau of Fire Protection. [Sec. 3, RA 8491].
Military occupation. The taking over of enemy territory by the victor
after the conclusion of the war. The rights and obligations of the
military occupant are generally premised on the provisions of an
agreement or treaty on the matter. [Suarez, Pol. Law Reviewer, 1st
Ed., 2002, p. 1078]. Compare with Belligerent occupation.
Military personnel. Commissioned officers, enlisted personnel, trainees
and draftees who are in the active service of the Armed Forces of the
Philippines. [Sec. 1, PD 577].
Mill tailings. Materials whether solid, liquid or both segregated from the
ores during concentration/milling operations which has no present
economic value to the generator of the same. [Sec. 4, DENR Admin.
Order 95-23].
Mine. 1. v. To extract, remove, utilize minerals, and include operations
necessary for that purpose. [Sec. 2, PD 463]. 2. n. A work for the
excavation of minerals, by means of pits, shafts, levels, tunnels, and
others. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 110].
Mineral agreement. A contract between the government and a
contractor,
involving
mineral
production-sharing
agreement,
co-production agreement, or joint-venture agreement. [Sec. 3, RA
7942].
Mineral deposit. A natural deposit or accumulation of minerals. [Sec. 2,
PD 463].

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Mineralized areas. Areas with naturally occurring mineral deposits of
gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral
resources. [Sec. 3, RA 7076].
Mineral land. 1. Any area where mineral resources are found. [Sec. 3,
RA 7942]. 2. Land in which minerals exist in sufficient quantity and
grade to justify the necessary expenditures in extracting and utilizing
such minerals. [Sec. 3, PD 464; Sec. 2, PD 463].
Mineral processing. The milling, beneficiation or upgrading of ores or
minerals and rocks or by similar means to convert the same into
marketable products. [Sec. 3, RA 7942].
Mineral resource. Any concentration of minerals/rocks with potential
economic value. [Sec. 3, RA 7942].
Mineral Resources Development Decree of 1974. PD 463 signed
into law on May 17, 1974; subsequently repealed by PD 972.
Minerals. 1. All naturally occurring inorganic substance in solid, gas,
liquid, or any intermediate state excluding energy materials such as
coal, petroleum, natural gas, radioactive materials, and geothermal
energy. [Sec. 3, RA 7942]. 2. All naturally occurring inorganic
substances in solid, liquid or any intermediate state including coal. Soil
which supports organic life, sand and gravel, guano, petroleum,
geothermal energy and natural gas are included in this term but are
governed by special laws. [Sec. 2, PD 463].
Minerals processing permit. The permit granted by the DENR Sec. to
any person who shall engage in the processing of minerals, which shall
be for a period of five (5) years renewable for like periods but not to
exceed a total term of twenty-five (25) years. [Sec. 55, RA 7942].
Minerals products. Materials derived from minerals ores/rocks and
prepared into a marketable state by metallurgical processes which
include, but not limited to milling, beneficiation, cyanidation, leaching,
smelting, calcination and other similar processes. [Sec. 4, DENR Admin.
Order 95-23].
Mine wastes and tailings. Soil and rock materials from surface or
underground mining and milling operations with no economic value to
the generator of the same. [Sec. 3, RA 7942].

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Mini-hydroelectric power developer or developer. Any individual,
cooperative, corporation or association engaged in the construction and
installation of a hydroelectric-power-generating plant with an installed
capacity of not less than 101 kilowatts nor more than 10,000 kilowatts.
[Sec. 4, RA 7156].
Mini-hydroelectric power development. The construction and
installation of a hydroelectric-power-generating plant and its auxiliary
facilities such as transmission, substation and machine shop with an
installed capacity of not less that 101 kilowatts nor more than 10,000
kilowatts. [Sec. 4, RA 7156].
Mini-hydroelectric power plant. An electric-power-generating plant
which: (a) utilizes the kinetic energy of falling or running water
(run-of-river hydro plants) to turn a turbine generator producing
electricity; and (c) has an installed capacity of not less than 101
kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156].
Minimum Access Volume (mV). The amount of imports of an
agricultural product allowed to be imported into the country at a
customs duty lower than out-quota customs duty. [Sec. 4, RA 8800].
Minimum basic needs (MBN). The needs of a Filipino family
pertaining to survival (food and nutrition; health; water and sanitation;
clothing), security (shelter; peace and order; public safety; income and
livelihood) and enabling (basic education and literacy; participation in
community development; family and psycho-social care). [Sec. 3, RA
8425].
Minimum Wage Law. RA 602, as amended . [Expressly repealed by the
Labor Code, except Sec. 3 and 7 thereof].
Mining. The exploration for and extraction of minerals which occur in
nature as either solids, liquids or gases. [Sec. 2, RA 4095].
Mining Act. CA 137, as amended, and as further amended by RA 7942,
the Philippine Mining Act of 1995.
Mining area. A portion of the contract area identified by the contractor
for purposes of development, mining, utilization, and its sites for

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support facilities or in the immediate vicinity of the mining operations.
[Sec. 3, RA 7942].
Mining claim. A parcel of land containing precious metal in its soil or
rock, and is often used in mining parlance as synonymous with the
term Location. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p.
110].
Mining engineering, practice of. A person shall be deemed to be
practising mining engineering or rendering mining engineering service
within the meaning and intent of RA 4274 who shall, for a fee, salary or
other reward or compensation, paid to him or through another person,
or even without such compensation, render or offer to render by means
of signs, cards, advertisements, written reports, and/or in any other
manner offer to practice mining engineering in the form of consultation,
investigation, mining reports, valuation and ore reserve calculation;
take charge of, direct and/or supervise underground and/or surface
mining, open-cuts, pits and/or quarries; shaft sinking, tunneling,
stopping, dredging, hydraulicking and sluicing for minerals and/or
mineral products: Provided, That the above functions are exercised in a
responsible and independent capacity. [Sec. 12, RA 4274].
Mining operations. Mining activities involving exploration, feasibility,
development, utilization, and processing. [Sec. 3, RA 7942].
Mining plan. A two-year program of activities and methodologies
employed in the extraction and production of minerals or ore-bearing
materials, including the financial plan and other resources in support
thereof. [Sec. 3, RA 7076].
Mining right. Any right to explore, develop, or utilize mineral resources.
[Sec. 4, DENR Admin. Order 95-23].
Mining right application. Any application for small-scale mining
permit, exploration permit, quarry permit, sand and gravel permit,
guano permit, gemstone gathering permit, mineral agreement or FTAA.
[Sec. 4, DENR Admin. Order 95-23].
Ministerial act or duty. In contradistinction to a discretional act, one
which an officer or tribunal performs in a given state of facts, in a
prescribed manner, in obedience to the mandate of legal authority,
without regard to or the exercise of his own judgment, upon the

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propriety or impropriety of the act done. If the law imposes a duty
upon a public officer, and gives him the right to decide how or when
the duty shall be performed, such duty is discretionary and not
ministerial. The duty is ministerial only when the discharge of the same
requires neither the exercise of official discretion nor judgment. [Lamb
v. Phipps, GR 7806. July 12, 1912].
Ministerial execution. Also Execution as a matter of right.
Execution of a final judgment or final order which has attained finality.
[Bench Book for Trial Court Judges, p. 2-56]. Compare with
Discretionary execution.
Minister of the Gospel. All clergymen of denomination and faith.
[Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922].
Ministers plenipotentiary. Also Envoys extraordinary. Ministers
assigned to perform a special function (i.e., signing a treaty). [Suarez,
Ministers resident. The political, cultural, economic, and social
representatives of their countries to a foreign principal city. Their
offices are known as Legations. [Suarez, Pol. Law Reviewer, 1st Ed.,
2002, p. 1044].
Ministrant function. Also Proprietary function. Pol. Law. A function
of government which connotes merely the exercise of proprietary
functions and thus considered as optional. [Fontanilla v. Maliaman, GR
55963 & 61045. Feb. 27, 1991]. Compare with Governmental or
Constituent function.
Ministrant governmental functions. Pol. Law. Those that are
undertaken only by way of advancing the general interest of society,
and are merely optional. The most important of the ministrant functions
are: public works, public education, public charity, health and safety
regulations, and regulations of trade and industry. [SSS Employees
Assoc. v. Soriano, GR L-18081. Apr. 30, 1963]. Compare with
Constituent governmental functions.
Mini-trial. A structured dispute resolution method in which the merits of
a case are argued before a panel comprising senior decision makers
with or without the presence of a neutral third person after which the
parties seek a negotiated settlement. [Sec. 3, RA 9285].

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Minor. 1. Any person below eighteen (18) years old. [Sec. 4, RA 9211].
2. A person under the age of legal competence. [Jurists Legal Dict.,
2004].
Minority. The state or condition of a minor; infancy. The smaller number
of votes to deliberate assembly. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Majority.
Minority opinion. A dissenting opinion. [Intl. Law Dict. & Direct., 2004].
Compare with Majority opinion.
Minor or ordinary repair. Repair merely to keep a building or
equipment in fit condition or use without increasing its capacity or
otherwise adding to its normal value as an asset. [IRR on Supply &
Minutes. 1. The official record of a meeting. [Duhaime's Legal Dict.,
2004]. 2. Memorandum of a transaction or proceeding. [Glossary of
Miranda warning. Also Miranda rule. 1. The name given to the
requirement that police officers must warn suspects upon arrest that
they have the right to remain silent, that any statement that they make
could be used against them in a court of law, that they have the right
to contact a lawyer and that if they cannot afford a lawyer, that one
will be provided before any questioning is so desired. Failure to issue
the warning results in the evidence so obtained to be inadmissible in
court. The warning became a national police requirement when ordered
by the US Supreme Court in the 1966 case of Miranda v. Arizona and
that is how it got the name. 2. Requirement that police tell a suspect in
their custody of his constitutional rights before they question him. So
named as a result of the Miranda v. Arizona ruling by the US Supreme
Court. [Glossary of Legal Terms (Pro-Se), 2004].
Misappropriate. To own, to take something for one's own benefit. [Sy
v. People, GR 85785. Apr. 24, 1989, citing II Reyes, Crim. Law, 12th
Ed., p. 729]. Compare with Convert.
Misappropriate (for one's own use). To convert to one's personal
advantage. To attempt to dispose of the property of another without
right. [US v. Panes, 37 Phil. 118].

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Misappropriation. The misapplication of money, goods, or other
personal property belonging to another for his personal benefit.
[Trinidad v. CA, 53 OG 731].
Miscellaneous payroll period. A payroll period other than, a daily,
weekly, biweekly, semi-monthly, monthly, quarterly, semi-annual, or
annual period. [Sec. 78, NIRC, as amended].
Misconduct. 1. A transgression of some established or definite rule of
action, more particularly, unlawful behavior or gross negligence by the
public officer. [Amosco v. Magro, 73 SCRA 107 (1976)]. 2. Any unlawful
behavior by a public officer in relation to the duties of his office, willful
in character. The term embraces acts which the office holder had no
right to perform, acts performed improperly, and failure to act in the
face of an affirmative duty to act. [Maaliw, Willie Fernando S., CSC Res.
00-1290, June 1, 2000].
Misconduct in office. 1. Any unlawful behavior by a public officer in
relation to the duties of his office, willful in character. [Guillen v.
Tolentino, AM SB-95-6-P. Dec. 10, 1997, citing Black's Law Dict., Rev.
4th Ed., p. 1150]. 2. A misconduct such as affects his performance of
his duties as an officer and not such only as affects his character as a
private individual. In such cases, it has been said at all times, it is
necessary to separate the character of man from the character of an
officer. [Amosco v. Magro, 73 SCRA 107, pp. 108-109, Sep. 30, 1976;
citing Lacson v. Roque, 92 Phil. 456 (1953), Buenaventura v. Benedicto,
38 SCRA 71, Mar. 27, 1971, and In re Impeachment of Horilleno, 43
Phil. 212 (1922)].
Misconduct of notary public. The act of ratifying a contract the
covenants of which are contrary to law, morals and good customs,
executed by a notary public who is at the same time a practicing
attorney upon which the court, as disciplinary measure, may impose
even disbarment. [Panganiban v. Borromeo, 58 Phil. 367; Biton v.
Momongan, 62 Phil. 7].
Misdemeanor. A criminal offense lesser than a felony and generally
punishable by fine or by imprisonment other than in a penitentiary.

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Misfeasance. 1. Improperly doing something which a person has the
legal right to do. [Duhaime's Legal Dict., 2004]. 2. Improper
performance of an act which a person might lawfully do. [Glossary of
Legal Terms (Pro-Se), 2004]. Compare with Malfeasance and
Nonfeasance.
Misjoinder. When a person has been named as a party to a lawsuit
when that person should not have been added. When this is asserted,
the court will usually accommodate a request to amend the court
documents to strike, or substitute for, the name of the misjoined party.
[Duhaime's Legal Dict., 2004]. Compare with Non-joinder.
Misleading question. One which assumes as true a fact not yet
testified to by the witness, or contrary to that which he has previously
stated. It is not allowed. [Sec. 10, Rule 132, RoC]. Compare with
Leading question.
Misprision of treason. Crim. Law. The felony committed by a person
owing allegiance to the Government of the Philippines, without being a
foreigner, and having knowledge of any conspiracy against them, who
conceals or does not disclose and make known the same, as soon as
possible to the governor or fiscal of the province, or the mayor or fiscal
of the city in which he resides, as the case may be. [Art. 116, RPC].
Misrepresentation. Contracts. 1. A false and material statement which
induces a party to enter into a contract. This is a ground for rescission
of the contract. [Duhaime's Legal Dict., 2004]. 2. Ins. A statement as a
fact of something which is untrue, and which the insured states with
knowledge that it is untrue and with an intent to deceive, or which he
states positively as true without knowing it to be true, and which has a
tendency to mislead, where such fact in either case is material to the
risk. [Agbayani, Comm. Laws of the Phil., Vol. II, p.66].
Mistake of facts. Crim. Law. An act or omission which is the result of a
misapprehension of facts that is voluntary but not intentional. The actor
performed an act which would be lawful had it been true as he believed
it to be. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 21-22].
Mistake to invalidate consent. There is mistake to invalidate consent
when the mistake refers to the substance of the thing which is the
object of the contract, or to those conditions which have principally
moved one or both parties to enter into the contract. [Art. 1331, CC].

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Mistrial. 1. A partial or complete trial which is found to be null and void
and of no effect because of some irregularity. The sudden end of trial
before it would ordinarily end because of some reason which invalidates
it. Once a mistrial is declared, the situation is as if the trial had never
occurred. [Duhaime's Legal Dict., 2004]. 2. An invalid trial, caused by
fundamental error. [Glossary of Legal Terms (Pro-Se), 2004].
Misuse of allocation. The sale, transfer or diversion of mandated
petroleum fuel allocations by oil companies, distributors, dealers or
consumers contrary to the declared intent of the Government in making
such allocation. [Sec. 2, PD 1865; Sec. 3, BP 33].
Mitigating circumstances. 1. Those circumstances that have the effect
of reducing the penalty because there is a diminution of any of the
elements of dolo or culpa, which makes the act voluntary or because of
the lesser perversity of the offender. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 51]. 2. These are facts that, while not negating
an offense or wrongful action, tend to show that the defendant may
have had some grounds for acting the way he did. For example,
assault, though provoked, is still assault but provocation may constitute
mitigating circumstances and allow for a lesser sentence. 3. Those
which do not constitute a justification or excuse for an offense but
which may be considered as reasons for reducing the degree of blame.
[Glossary of Legal Terms (Pro-Se), 2004]. Compare with Aggravating
circumstances.
Mitigation. A reduction, abatement, or diminution of a penalty or
punishment imposed by law. [Glossary of Legal Terms (Pro-Se), 2004].
Mitigation of damages. The responsibility a person who sues another
for damages to minimize those damages, as far as reasonable. For
example, in a wrongful dismissal suit, the person who was fired should
make some effort to find another job so as to minimize the economic
damage to himself. [LawInfo Legal Dictionary (2005)].
Mittimus. 1. The final process for carrying into effect the decision of the
appellate court, and the transmittal thereof to the court of origin is
predicated upon the finality of the judgment. [Clemente-De Guzman v.
Reyes, AM 2358-MJ. June 29, 1982]. 2. The name of an order in
writing, issuing from a court and directing the sheriff or other officer to
convey a person to a prison, asylum, or reformatory, and directing the

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jailer or other appropriate official to receive and safely keep the person
until his fate shall be determined by due course of law. [Glossary of
Mixed condition. 1. A condition which depends partly upon chance and
partly upon the will of a third person. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 11]. 2. A condition the fulfillment of which depends jointly upon the
will of the heir, devisee or legatee and upon chance and/or the will of a
third person. [Jurado, Comments & Jurisp. on Succession, 1991 8th
Ed., p. 222-223].
Mixed novation. Novation that is both objective and subjective at the
same time wherein a dual purpose is achieved. An obligation is
extinguished and a new one is created in lieu thereof. [Morenos Law
Dict., 2000 Ed., p. 296].
Mixed solidarity. Solidarity that exists among the creditors and the
debtors at the same time. [Torres, Oblig. & Cont., 2000 Ed., p. 77].
Mixed succession. Succession effected partly by will and partly by
operation of law. [Art. 780, CC].
Mobile satellite service. A radio communications service between
mobile earth stations and one or more space stations, or between
space stations used by this service, or between mobile earth stations by
means of one or more space stations. [Sec.3, EO 467, s. 1998].
Mobilia sequuntur personam principle. The principle that the situs
of personal property is the domicile of the owner. [De Leon,
Fundamentals of Taxation, 2000 Ed., p. 48].
Mobilization fee. The amount charged by a licensee or authority holder
from its foreign employer-principal/partner to cover costs of
recruitment, processing and documentation of its recruits for overseas
employment. [Sec. 1, Rule 1, IRR of LC].
Modal donation. A donation in which the donor imposes a prestation
upon the donee. [Central Phil. Univ. v. CA, GR 112127. July 17, 1995].
Mode. The statement of the object of the institution, or the application
of the property left by the testator, or the charge imposed by him.
[Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 228].

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Model law. The Model Law on International Commercial Arbitration
adopted by the United Nations Commission on International Trade Law
on 21 June 1985. [Sec. 3, RA 9285].
Mode of acquisition. The means/ways by which the government
acquired the property; e.g. sale, donation, eminent domain, escheat,
judgment levy and foreclosure of mortgage. [Memo. from the Exec.
Sec. dated Aug. 20, 1998].
Moderate damages. See Temperate damages.
Modern factoring. A continuing agreement under which a financing
institution assumes the credit and collection for its client and purchases
his receivables as they arise without recourse to him for credit losses.
For a small commission, the factor assumes all the clients burdens of
credits and collections. [Morenos Law Dict., 2000 Ed., p. 296].
Modes of discovery. The name given pretrial devices for obtaining
facts and information about the case. [Glossary of Legal Terms
(Pro-Se), 2004].
Modification of permit. The change of the place and time of the public
assembly, rerouting of the parade or street Mar., the volume of
loud-speakers or sound system and similar changes. [Sec.3, BP 880].
Modified union shop. Labor. A contract which requires all new
employees to become union members for some time after employment
but does not require present employees to join the union. Those who
have become union members shall maintain their membership as a
condition of continuous employment. [Poquiz, Labor Rel. Law, 1999 Ed.
p. 157].
Modus operandi. Lat. Method of operation. Used by law enforcement
officials to refer to a criminal's preferred method of committing crime.
Modus vivendi. Lat. Intl. Law. A temporary agreement or arrangement
between two States, providing for a workable compromise in a pending
dispute, which is intended to be replaced later by an arrangement of a
more formal and permanent character. [Coquia and Santiago, Intl. Law,
3rd Ed. (1998), p. 493].

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Mohammedan Imam. A priest or minister of the Gospel. [Adong v.
Cheong See Gee, GR L-18081. Mar. 3, 1922].
Mohammedanism. A denomination, within the meaning of the Marriage
Law. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922].
Moiety. Half of something. For example, it can be said that joint tenants
hold a moiety in property. In old criminal law, there were moiety acts
which allowed half of the fine money to be handed over to the
informer. [Duhaime's Legal Dict., 2004].
Mole. The base unit of amount of substance which is the amount of
substance of a system which contains as many elementary entities as
there are atoms in 0.012 kilogram of carbon 12. When the mole is
used, the elementary entities must be specified and may be atoms,
molecules, ions, electrons, other particles, or specified groups of such
particles. [Sec. 4, BP 8].
Moneda. Sp. Money, specie, coin. [US v. Gardner, GR 1468. Mar. 14,
1904, citing Appleton's Sp. Dict.].
Moneda corriente. Sp. Currency. [US v. Gardner, GR 1468. Mar. 14,
1904, citing Appleton's Sp. Dict.].
Moneda sonate. Sp. Hard money, specie. [US v. Gardner, GR 1468.
Mar. 14, 1904, citing Appleton's Sp. Dict.].
Monetary instrument. Pursuant to the "Anti-Money Laundering Act of
2001 (RA 9160), the term refers to: (a) coins or currency of legal
tender of the Philippines, or of any other country; (b) drafts, checks
and notes; (c) securities or negotiable instruments, bonds, commercial
papers, deposit certificates, trust certificates, custodial receipts or
deposit substitute instruments, trading orders, transaction tickets and
confirmations of sale or investments and money marked instruments;
and (d) other similar instruments where title thereto passes to another
by endorsement, assignment or delivery. [Sec. 3, RA 9160].
Monetary interest. Interest for the use of the money (from date of
execution to date of payment). [Reins. Co. of the Orient, Inc. v. CA, GR
L-61250. June 3, 1991]. Compare with Compensatory interest.

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Money. Anything customarily used as a medium of exchange and
measure of value. [Intl. Law Dict. & Direct., 2004].
Money claims of workers. Money claims referred to in par. 3 of Art.
217 of the Labor Code which embrace those which arise out of or in
connection with the employer-employee relationship, or some aspect or
incident of such relationship. Money claims now falling within the
original and exclusive jurisdiction of Labor Arbiters which have some
reasonable causal connection with the employer-employee relationship.
[San Miguel Corp. v. NLRC, GR L-80774. May 31, 1988].
Money market. A market dealing in standardized short-term credit
instruments (involving large amounts) where lenders and borrowers do
not deal directly with each other but through a middle man or dealer in
the open market. [Perez v. CA, 127 SCRA 636 (1984)].
Money shop. An extension service unit of a banking institution usually
operating in public markets with authority to accept money for deposit
and extend short-term loans for specific purposes. [Sec. 1, PD 426].
Money supply. All holdings of domestic currency and deposit money
with the exception of such holdings by the Government and by banks
having checking deposit liabilities in domestic currency. [Sec. 65, RA
265].
Monopolies and combinations in restraint of trade. Crim. Law. The
felony committed by: (a) any person who shall enter into any contract
or agreement or shall take part in any conspiracy or combination in the
form of a trust or otherwise, in restraint of trade or commerce or to
prevent by artificial means free competition in the market; (b) any
person who shall monopolize any merchandise or object of trade or
commerce, or shall combine with any other person or persons to
monopolize and merchandise or object in order to alter the price
thereof by spreading false rumors or making use of any other article to
restrain free competition in the market; (c) any person who, being a
manufacturer, producer, or processor of any merchandise or object of
commerce or an importer of any merchandise or object of commerce
from any foreign country, either as principal or agent, wholesaler or
retailer, shall combine, conspire or agree in any manner with any
person likewise engaged in the manufacture, production, processing,
assembling or importation of such merchandise or object of commerce
or with any other persons not so similarly engaged for the purpose of

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making transactions prejudicial to lawful commerce, or of increasing the
market price in any part of the Philippines, of any such merchandise or
object of commerce manufactured, produced, processed, assembled in
or imported into the Philippines, or of any article in the manufacture of
which such manufactured, produced, or imported merchandise or
object of commerce is used. [Art. 186, RPC].
Monopoly. A privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right or power to
carry on a particular business or trade, manufacture a particular article,
or control the sale or the whole supply of a particular commodity. It is a
form of market structure in which one or only a few firms dominate the
total sales of a product or service. [Tatad v. Sec. of Energy, GR
124360. Nov. 5, 1997, citing Black's Law Dict., 6th Ed., p. 1007].
Compare with Combination in restraint of trade.
Montes veneris. Plural of mons veneris. That part of the female
genitalia where pubic hair grows after the age of 13. [Dela Cruz v.
Concepcion, AM RTJ-93-1062. Aug. 25, 1994].
Moot. 1. Also called a Moot point. A side issue, problem or question
which does not have to be decided to resolve the main issues in a
dispute. [Duhaime's Legal Dict., 2004]. 2. A case or a point which is not
subject to a judicial determination because it involves an abstract
question or a pretended controversy that has not yet actually arisen or
has already passed. Mootness usually refers to a court's refusal to
consider a case because the issue involved has been resolved prior to
the court's decision, leaving nothing that would be affected by the
court's decision. [Glossary of Legal Terms (Pro-Se), 2004].
Moot and academic. When a determination is sought on a matter
which, when rendered, cannot have any practical effect on the existing
controversy, or where no practical relief can be granted. [Heirs of
Roxas, Inc. v. IAC, GR 67195. May 29, 1989].
Moot court. Fictional or hypothetical trial, usually hosted by law schools,
as training for future barristers or litigators. [Duhaime's Legal Dict.,
2004].
Mora. Lat. Delay. [Claridades, A., Compilation of Notes, 2001-2006].

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Mora accipiendi. Lat. The delay on the part of the creditor to accept
the performance of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p.
6].
Moral certainty. That degree of proof which produces conviction in an
unprejudiced mind. [People v. Garcia, GR 94187. Nov. 4, 1992].
Moral damages. Damages which include physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury. Though
incapable of pecuniary computation, moral damages may be recovered
if they are the proximate result of the defendant's wrongful act for
omission. [Art. 2217, CC].
Moral irreproachability. Character of the highest order excellent
character. [In Re: Po Yo Bi v. Rep., GR 32398. Jan. 27, 1992].
Moral law. Set of rules which establishes what is right and what is
wrong as dictated by the human conscience and as inspired by eternal
law. [Suarez, Stat. Con., (1993), p. 37].
Morals. It is good customs; those generally accepted principles of
morality which have received some kind of social and practical
confirmation. [Cui v. Arellano Univ., GR L-15127. May 30, 1961, citing
Manresa].
Moral turpitude. 1. Any act done contrary to justice, honesty, modesty
or good morals. Some of the particular crimes which have been held to
involve moral turpitude are adultery, concubinage, rape, arson, evasion
of income tax, barratry, bigamy, blackmail, bribery, criminal conspiracy
to smuggle opium, dueling, embezzlement, extortion, forgery, libel,
making fraudulent proof of loss on insurance contract, murder,
mutilation of public records, fabrication of evidence, offenses against
pension laws, perjury, seduction under promise of marriage, estafa,
falsification of public document, estafa thru falsification of public
document. [Zari v. Flores, AM (2170-MC) P-1356. Nov. 21, 1979]. 2. An
act of baseness, vileness, depravity in the private and social duties
which a man owes his fellow man, or to society in general, contrary to
the accepted and customary rule of right and duty between man and
man, or conduct contrary to justice, honesty, modesty and good
morals. [Tak Ng v. Rep., 106 Phil. 727 (1959)].

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Mora solvendi. Lat. The delay on the part of the debtor to fulfill his
obligation (to give or to do). [Diaz, Bus. Law Rev., 1991 Ed., p. 6].
Mora solvendi ex re. Lat. The delay in giving or delivering a thing.
Mora solvendi ex persona. Lat. The delay in obligations to do or
perform personal service. [Torres, Oblig. & Cont., 2000 Ed., p. 36].
Moratorium. The temporary suspension of legal action against a
person. [Duhaime's Legal Dict., 2004].
Moratory interest. Interest arising from breach of contract or tort for
the unlawful detention of money already due. [Morenos Law Dict.,
2000 Ed., p. 299].
Moron lamps. Self improvised lamps, where a bottle, such as that of a
San Miguel beer bottle, is filled with kerosene with a cloth serving as a
wick. [People v. Urquia, Jr., GR 94787. Nov. 19, 1991].
Mors omnia solvi. Lat. Ddeath dissolves all things. [People v. Satorre,
GR L-26282. Aug. 27, 1976].
Mortgage. 1. A real contract whereby one person (called the mortgagor)
offers his real property as security for the principal obligation and with
the understanding that when the obligation is paid or fulfilled, the
mortgage or encumbrance on the said property shall be cancelled and
released. [Suarez, Intro. to Law, 1995 3rd Ed., p. 122]. 2. An interest
given on a piece of land, in writing, to guarantee the payment of a debt
or the execution of some action. It automatically becomes void when
the debt is paid or the action is executed. [Duhaime's Legal Dict.,
2004]. Compare with Pledge.
Mortgage bonds. Corp. Law. Bonds secured by a mortgage on specific
corporate property. [Diaz, Bus. Law Rev., 1991 Ed., p. 269].
Mortgagee. The person lending the money and receiving the mortgage.
Mortgagee in possession. One who has lawfully acquired actual or
constructive possession of the premises mortgaged to him, standing
upon his rights as mortgagee and not claiming under another title, for

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the purpose of enforcing his security upon such property or making its
income help to pay his debt. [Diaz v. De Mendezona, 48 Phil. 666,
669].
Mortgagor. The person who concedes a mortgage as security upon his
property. [Claridades, A., Compilation of Notes, 2001-2006].
Most-favored-nation clause or treatment. Intl. Law. 1. That granted
by one country to another not less favorable than that which has been
or may be granted to the most favored among the countries.
[Sandoval, Pol. Law Reviewer 2003]. 2. It is intended to establish the
principle of equality of international treatment by providing that the
citizens or subjects of the contracting nations may enjoy the privileges
accorded by either party to those of the most favored nation. [Comm.
of Internal Revenue v. SC Johnson and Son, 309 SCRA 87, June 25,
1999].
Most guilty. Crim. Law. The highest degree of culpability in terms of
participation in the commission of the offense, and not necessarily the
severity of the penalty imposed. [People v. Ocimar, GR 94555. Aug. 17,
1992].
Most significant relationship doctrine. Intl. Law. Doctrine that
courts should apply the law of the state that has the closest and most
real connection with the dispute. [Intl. Law Dict. & Direct., 2004]. See
also Center of gravity doctrine.
Motel. A roadside hotel for motorists, usually consisting of private
cabins. [Sec. 63, PD 856]. Compare with Hotel.
Mother's milk. The breastmilk from the newborn's own mother. [Sec. 3,
RA 7600].
Motion. Rem. Law. 1. An application for relief other than by a pleading.
It must be in writing except those made in open court or in the course
of a hearing or trial. A motion shall state the relief sought to be
obtained and the grounds upon which it is based, and if required by the
Rules of Court or necessary to prove facts alleged therein, shall be
accompanied by supporting affidavits and other papers. [Sec. 1-3, Rule
15, RoC]. 2. An application made to a court or judge which requests a
ruling or order in favor of the applicant. [Glossary of Legal Terms
(Pro-Se), 2004].

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Motion day. Rem. Law. Except for motions requiring immediate action,
all motions shall be scheduled for hearing on Friday afternoons, or if
Friday is a non-working day, in the afternoon of the next working day.
Motion ex parte. Rem. Law. A motion made to the court in behalf of
one or the other of the parties to the action, in the absence and usually
without the knowledge of the other party or parties. [Claridades, A.,
Motion for new trial. Rem. Law. Requisites: (a) That the evidence was
discovered after the trial; (b) that such evidence could not have been
discovered and produced at the trial even with the exercise of
reasonable diligence; and (c) that it is material, not merely
corroborative or impeaching; and of such weight that it could probably
change the judgment if admitted. [People v. de la Cruz, 207 SCRA 632,
641 (1992); People v. Ducay, 225 SCRA 1, 18 [1993]; People v. David,
230 SCRA 541, 547 (1994)].
Motion for reconsideration. Rem. Law. A motion which is in the
category of a litigated motion which requires a notice of hearing and
proof of service. A remedy which an aggrived party may resort in law to
point out defects or errors in decision. [Morenos Law Dict., 2000 Ed.,
p. 300].
Motion in limine. Rem. Law. A motion made by counsel requesting that
information which might be prejudicial not be allowed to be heard in a
case. [Glossary of Legal Terms (Pro-Se), 2004].
Motion of course. Rem. Law. A motion where the movant is entitled to
relief or remedy sought as a matter of discretion on the part of the
court. [Claridades, A., Compilation of Notes, 2001-2006].
Motion picture. A series of pictures projected in a screen in rapid
succession, with objects shown in successive positions slightly changed
so as to produce the optical effect of a continuous picture in which the
objects move, whether the picture be black and white or colored, silent
or with accompanying sound, on whatever medium and with whatever
mechanism or equipment they are projected, and in whatever material
they are preserved or recorded for instant projection, for the purpose of
PD 1986, the material in which the motion picture is contained,

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preserved, or recorded, forms an integral part of the motion picture
subject of PD 1986. [Sec. 10, PD 1986].
Motion to dismiss. Rem. Law. A motion which is generally interposed
before trial to attack the action on the basis of insufficiency of the
pleading, of process, venue, joinder, etc. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 526].
Motion to dismiss. Rem. Law. Grounds. Within the time for but before
filing the answer to the complaint or pleading asserting a claim, a
motion to dismiss may be made on any of the following grounds: (a)
That the court has no jurisdiction over the person of the defending
party; (b) that the court has no jurisdiction over the subject matter of
the claim; (c) that venue is improperly laid; (d) That the plaintiff has no
legal capacity to sue; (e) that there is another action pending between
the same parties for the same cause; (f) that the cause of action is
barred by a prior judgment or by the statute of limitations; (g) that the
pleading asserting the claim states no cause of action; (h) that the
claim or demand set forth in the plaintiff's pleading has been paid,
waived, abandoned, or otherwise extinguished; (i) that the claim on
which the action is founded is unenforceable under the provisions of
the statute of frauds; and (j) that a condition precedent for filing the
claim has not been complied with. [Sec. 1, Rule 16, RoC].
Motion to quash. Rem. Law. A motion in writing signed by the accused
or his counsel specifying distinctly its factual and legal grounds and the
court shall consider no grounds other than those stated in the motion,
except lack of jurisdiction over the offense charged. [Sec. 2, Rule 117,
RoC].
Motion to quash. Rem. Law. Grounds. The accused may move to quash
the complaint or information on any of the following grounds: (a) that
the facts charged do not constitute an offense; (b) that the court trying
the case has no jurisdiction over the offense charged (c) that the court
trying the case has no jurisdiction over the person of the accused; (d)
that the officer who has filed the information had no authority to do so;
(e) that it does not conform substantially to the prescribed form; (f)
that more than one offense is charged except when a single
punishment for various offenses is prescribed by law; (g) that the
criminal action or liability has been extinguished; (h) that it contains
averments which, if true, would constitute a legal excuse or
justification; and (i) that the accused has been previously convicted or

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acquitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his express consent. [Sec. 3,
Rule 117, RoC].
Motion to reopen. Rem. Law. A motion which may properly be
presented only after either or both parties have formally offered, and
closed their evidence, but before judgment. Unlike a motion for new
trial, it is not specifically mentioned and prescribed as a remedy by the
Rules of Court. [Alegre v. Reyes, GR L-56923. May 9, 1988].
Motive. Crim. Law. 1. The special or personal reason which may prompt
or induce a person to perform the act constituting a crime. [Bagajo v.
Marave, GR L-33345. Nov. 20, 1978, citing Padilla, Crim. Law, Rev.
Penal Code, Annotated, 9th Ed., 1964, p. 41]. 2. The moving power
which impels one to act for a definite result, as distinguished from
intent which is the purpose to use a particular means to effect such
result. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978, citing People v.
Molineux, 168 N.Y. 264, 297; 61 N.E. 286, 296; 62 L.RA 193].
Motorist. The driver of a motor vehicle. [Sec. 3, RA 8750].
Motor vehicle. 1. Both private and public motor vehicle. The term shall
not include the tricycle and motorcycle. [Sec. 3, RA 8750]. 2. Any
vehicle propelled by any power other than muscular power using the
public roads, but excluding road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used on public roads, vehicles which run only
on rails or tracks, and tractors, trailers, and traction engines of all kinds
used exclusively for agricultural purposes. [Sec. 131, RA 7160]. 3. Any
vehicle propelled by any power other than muscular power using the
public highways, but excepting road rollers, trolley cars,
street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public highways, vehicles,
which run only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes. Trailers
having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as
separate motor vehicle with no power rating. [Sec. 2, RA 6539].
Motor vehicle of running engine. A vehicle operating and standing on
any road or thoroughfare with engine running. [Sec. 3, RA 8750].

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MOU. Memorandum of Understanding.
Movable property. 1. The following things are deemed to be personal
property: (a) Those movables susceptible of appropriation which are
not included in the Art. 415 of the Civil Code; (b) real property which
by any special provision of law is considered as personal property; (c)
forces of nature which are brought under control by science; and (d) in
general, all things which can be transported from place to place without
impairment of the real property to which they are fixed. 2. The
following are also considered as personal property: (a) Obligations and
actions which have for their object movables or demandable sums; and
(b) shares of stock of agricultural, commercial and industrial entities,
although they may have real estate. [Arts. 416 & 417, CC].
Move in the premises resolution. It is not a license to occupy or
enter the premises subject of litigation especially in cases involving real
property. The resolution simply means what is stated therein: the
parties are obliged to inform the court of developments pertinent to the
case which may be of help to the court in its immediate disposition.
[Oliveras v. Lopez, GR L-29727. Dec. 14, 1988].
Moving boundaries rule. Intl. Law. Legal rule that the treaties of a
state absorbing new territory become effective within that territory.
MTC. Municipal Trial Court.
MTCC. Municipal Trial Court in Cities.
Mt. Pinatubo Assistance, Resettlement and Development Fund.
RA 7637 entitled An Act appropriating the sum of ten billion pesos for
the aid, relief, resettlement, rehabilitation and livelihood services as
well as infrastructure support for the victims of the eruption of Mt.
Pinatubo, creating the Mt. Pinatubo Assistance, Resettlement and
Development Commission, and for other purposes enacted on Sep. 24,
1992.
Multi-family dwelling. A dwelling on one lot containing separate living
units for 3 or more families, usually provided with common access,
services, and use of land. [Sec. 3, BP 220].

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Multilateral treaty. Treaty between more than two states. [Intl. Law
Multinational company. A foreign firm or entity engaged in
international trade with affiliates or subsidiaries or branch offices in the
Asia-Pacific Region and other foreign markets. [Sec. 25, NIRC, as
amended].
Multinational enterprise. Business firm operating branches,
subsidiaries, or joint ventures in two or more states. [Intl. Law Dict. &
Direct., 2004].
Multiple appeals. Appeals in special proceedings where a number of
appeals may be taken separately by different parties for different
purposes. [Bench Book for Trial Court Judges, p. 3-4].
Multiple nationality. Intl. Law. The possession by an individual of more
than one nationality. It is acquired as a result of the concurrent
application to him of the conflicting municipal laws of two or more
states claiming him as their national. [Cruz, Intl. Law Reviewer, 1996
Ed., pp. 102-103].
Multiple-use. The harmonized utilization of the numerous beneficial
uses of the land, soil, water, wildlife, recreation value, grass and timber
of forest lands. [Sec. 3, PD 705].
Multipurpose cooperative. One which combines two (2) or more of
the business activities of these different types of cooperatives. [Art. 23,
RA 6938].
Multi-recidivism. See Habitual delinquency.
Multi-recidivist. See Habitual delinquent.
Mumble. To utter words in a low, confused, indistinct manner.
Municipal certificate of canvass of votes. A document containing the
total votes in words and in figures obtained by each candidate in a
municipality. [Sec. 2, RA 8046].
Municipal corporations. See Local government units.

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Municipal fisherfolk. Persons who are directly or indirectly engaged in
municipal fishing and other related fishing activities. [Sec. 4, RA 8550].
Municipal fishing or small-scale fishing. 1. Fishing within municipal
waters using fishing vessels of three (3) gross tons or less, or fishing
not requiring the use of fishing vessels. [Sec. 4, RA 8550]. 2. Small
scale fishing utilizing fishing boats of three gross tons or less or using
gears not requiring the use of boats. [Sec. 3, PD 704; Sec. 3, PD 43].
Municipal ordinance. See Ordinance.
Municipal Telephone Act of 1989. RA 6849 entitled An Act providing
for the installation, operation, and maintenance of public telephones in
each and every municipality in the philippines, appropriating funds
therefor and for other purposes enacted on Feb. 8, 1990.
Municipal Trial Courts. The term, as used in the Rules of Court, shall
include Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts. [Sec. 2, Rule
5].
Municipal waters. These include not only streams, lakes, inland bodies
of water and tidal waters within the municipality which are not included
within the protected areas as defined under RA 7586 (The NIPAS Law),
public forest, timber lands, forest reserves or fishery reserves, but also
marine waters included between two (2) lines drawn perpendicular to
the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore islands and fifteen (15) kilometers
from such coastline. Where two (2) municipalities are so situated on
opposite shores that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities. [Sec. 4, RA 8550; Sec.
3, PD 704].
Murder. Crim. Law. 1. The felony committed by any person who, not
falling within the provisions of Art. 246, shall kill another, with any of
the following attendant circumstances: (a) with treachery, taking
advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to
insure or afford impunity; (b) in consideration of a price, reward, or

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promise; (c) by means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin; (d) on occasion
of any of the calamities enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano, destructive cyclone, epidemic or
other public calamity; (e) With evident premeditation; (f) With cruelty,
by deliberately and inhumanly augmenting the suffering of the victim,
or outraging or scoffing at his person or corpse. [Art. 248, RPC]. 2. The
felony committed by a person who kills another in consideration of a
price, reward, or promise. [People v. Alincastre, 40 SCRA 391, 408,
Aug. 30, 1971, citing US v. Maharaja Alim, 38 Phil. 1 (1918)].
Murder. Elements: (a) That a person was killed; (b) that the accused
killed him; (c) that the killing was attended by any of the qualifying
circumstances mentioned in Art. 248 of the Rev. Penal Code; and (d)
the killing is not parricide or infanticide. [People v. Cabiles, GR 115216.
July 5, 1996, citing Reyes, The Rev. Penal Code, 13th Ed., p. 424].
Muro-ami or drive-in-net. A Japanese fishing gear used in reef fishing
which consists of a movable bagnet and two detachable wings effecting
the capture of fish by spreading the net in an arc form around reefs or
shoals and with the aid of scaring devices, a cordon of fishermen drive
the fish from the reefs toward the bag portion of the whole net. [82 OG
48, 5052 Dec. 1, 1986; Fisheries Admin. Order No. 163, S. 1986].
Musical instrument. A contrivance by which musical sounds are
produced. [Lazatin v. Comm. of Customs, GR L-19753. July 30, 1969,
citing Webster's New Int'l. Dict., p. 1288].
Muslim. A person who testifies to the oneness of God and the
Prophethood of Muhammad and professes Islam. [Art. 7, PD 1083].
Muslim law (Shari'a). All the ordinances and regulations governing
Muslims as found principally in the Qur'an and the Hadith. [Art. 7, PD
1083].
Muslim personal laws. All laws relating to personal status, marriage
and divorce, matrimonial and family relations, succession and
inheritance, and property relations between spouses as provided for in
the Code of Muslim Personal Laws of the Philippines. [Art. 7, PD 1083].

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Must. A word the use of which is imperative and operates to impose a
duty which may be enforced. [Claridades, A., Compilation of Notes,
2001-2006].
Mutatis mutandis. Lat. For the same reasons. [US v. Ponte, GR 5952.
Oct. 24, 1911].
Mutilation. Crim. Law. 1. The felony committed by any person who shall
intentionally mutilate another by depriving him, either totally or
partially, or some essential organ of reproduction. [Art. 262, RPC]. 2.
Cutting off or permanently destroying a limb or an essential part
thereof. [People v. Borce, GR 124131. Apr. 22, 1998, citing Webster's
3rd New Intl. Dict.]. 3. In its criminal law concept, one that would
deprive a person of the use of any of those limbs which may be useful
to him in fight, the loss of which amounts to mayhem. [People v. Borce,
GR 124131. Apr. 22, 1998, citing Black's Law Dict., 6th Ed., p. 1020].
Mutilation of coins; importation and utterance of mutilated
coins. Crim. Law. The felony committed by any person who shall
mutilate coins of the legal currency of the Philippines or import or utter
mutilated current coins, or in connivance with mutilators or importers.
[Art. 164, RPC].
Mutiny. Unlawful resistance to a superior officer, as the raising of
commotions and disturbances on board a ship against the authority of
its commander. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p.
372, citing Bouviers Law Dict.]. Compare with Piracy.
Mutual assent. A meeting of the minds; agreement. [Glossary of Legal
Mutual benefit association. Ins. Any society, association or
corporation, without capital stock, formed or organized not for profit
but mainly for the purpose of paying sick benefits to members, or of
furnishing financial support to members while out of employment, or of
paying to relatives of deceased members of fixed or any sum of money,
irrespective of whether such aim or purpose is carried out by means of
fixed dues or assessments collected regularly from the members, or of
providing, by the issuance of certificates of insurance, payment of its
members of accident or life insurance benefits out of such fixed and
regular dues or assessments, but in no case shall include any society,

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association, or corporation with such mutual benefit features and which
shall be carried out purely from voluntary contributions collected not
regularly and or no fixed amount from whomsoever may contribute.
[Sec. 390, IC].
Mutual fund. An investment company that raises money by selling its
own stock to the public and investing the proceeds in other securities,
with the value of its stock fluctuating with its experience with the
securities in its portfolio. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
531].
Mutuality of contracts. 1. The principle ordained in Art. 1308 of the
Civil Code that the contract must bind both contracting parties and that
its validity or compliance cannot be left to the will of one of them. 2. In
order that obligations arising from contracts may have the force of law
between the parties, there must be mutuality between the parties
based on their essential equality. A contract containing a condition
which makes its fulfillment dependent exclusively upon the uncontrolled
will of one of the contracting parties, is void [Garcia v. Legarda, 21
SCRA 555].
Mutual wills. Wills executed pursuant to an agreement between two or
more persons to dispose of their property in a particular manner, each
in consideration of the other. [Jurado, Comments & Jurisp. on
Succession, 1991 8th Ed., p. 104, citing 57 Am. Jur. Sec. 681, p. 459].
Mutuum. Also Simple loan. A contract of loan whereby one of the
parties delivers to another money or other consumable thing, upon the
condition that the same 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].

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-NNagpapabuwis. Tag. Lessor. [Claridades, A., Compilation of Notes,

2001-2006].
Namamaga. Tag. Swollen. [People v. Ruello, GR 104737-38. Oct. 26,
1994].
Name. That word or combination of words by which a person is
distinguished from others and which he bears as the label or

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appellation for the convenience of the world at large in addressing him,
or in speaking of or dealing with him. [Yu v. Rep., GR L-20874. May 25,
1966, citing 38 Am. Jur. 595].
Name hire. A worker who is able to secure employment overseas on his
own without the assistance or participation of any agency or entity.
[Sec. 1, Rule 1, IRR of LC].
Namimintol. Tag. Catching talangka (small crabs) [using bintols
(bamboo-and-net devices)]. [People v. Rejano, GR 105669-70. Oct. 18,
1994].
Namumuwisan. Tag. Lessee. [Claridades, A., Compilation of Notes,
2001-2006].
Narcissism. Legal Med. Extreme admiration of ones self. Sexual
gratification attained by merely looking at the mirror and appreciating
ones own self. [Olarte, Legal Med., 1st Ed. (2004), p. 117].
Narcotic drug. 1. Any drug which produces insensibility, stupor,
melancholy or dullness of mind with delusions and which may be
habit-forming, and shall include opium, opium derivatives and synthetic
opiates. [Sec. 2, RA 6425]. 2. A drug that produces a condition of
insensibility and melancholy dullness of mind with delusions and may
be habit-forming. [Art. 190, RPC].
Narration of facts. A recital of things accomplished, of deeds,
occurrence or happening. [People v. Tugbang, GR 76212. Apr. 26,
1991].
Nation. A group or race of people that share history, traditions and
culture. States may be comprised of one or several nations. It is
common English to use the word Nation when referring to what is
known in law as States. [Duhaime's Legal Dict., 2004].
National anthem. The musical arrangement and composition of Julian
Felipe adopted as the national anthem of the Philippines. It shall be
sung or played upon the opening or start of all state celebrations or
gatherings and on such other occasions as may be prescribed by
appropriate rules and regulations. [Sec. 13, EO 292].

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National Apprenticeship Act. RA 1826, as amended. [Expressly
repealed by the Labor Code].
National athletes. Athletes who are Filipino citizens, members of the
national training pool, recognized and accredited by the Philippine
Olympic Committee (POC) and the Philippine Sports Commission (PSC)
and who have represented the country in international competitions.
[Sec. 3, RA 9064].
National Blood Services Act of 1994. RA 7719 entitled An Act
promoting voluntary blood donation, providing for an adequate supply
of safe blood, regulating blood banks, and providing penalties for
violation thereof enacted on May 5, 1994.
National Building Code of the Philippines. PD 1096 entitled
Adopting a National Building Code of the Philippines thereby revising
Republic Act Numbered Sixty-Five Hundred Forty One enacted on Feb.
19, 1977.
National Capital Region (NCR). The region that covers the cities of
Kalookan, Manila, Pasay, Quezon, Las Pias, Makati, Malabon,
Mandaluyong, Marikina, Muntinlupa, Navotas, Paraaque, Pasig and
Valenzuela, and the municipalities of Navotas, Pateros, San Juan and
Taguig. [Claridades, A., Compilation of Notes, 2001-2006].
National coaches and trainers. Coaches and trainers who are Filipino
citizens, members of the national coaches and trainers pool, recognized
and accredited by the PSC and who have represented the country as
official coaches and trainers to national athletes in international
competitions. [Sec. 3, RA 9064].
National Commission on Indigenous Peoples (NCIP). The primary
government agency responsible for the formulation and implementation
of policies, plans and programs to recognize, protect and promote the
rights of Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs). [Sec. 4, RA 8371].
National cultural treasure. A unique object found locally, possessing
outstanding historical, cultural, artistic and/or scientific value which is
highly significant and important to this country and nation. [Sec. 3, RA
4846].

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National drug formulary. See Essential drugs list.
National Electrification Administration (NEA). The government
agency created under PD 269, as amended, and whose additional
mandate is further set forth in RA 9136. [Sec. 4, RA 9136].
National Electrification Administration Decree. PD 269 entitled
creating the National Electrification Administration as a corporation,
prescribing its powers and activities, appropriating the necessary funds
therefor and declaring a national policy objective for the total
electrification of the philippines on an area coverage service basis, the
organization, promotion and development of electric cooperatives to
attain the said objective, prescribing terms and conditions for their
operations, the repeal of Republic Act No. 6038, and for other
purposes signed into law on Aug. 6, 1973.
National Employment Service Law. RA 761. [Expressly repealed by
the Labor Code].
National flag. The flag of the Philippines which shall be red, white and
blue, with a sun and three stars, as consecrated and honored by the
people and recognized by law. [Sec. 12, EO 292].
National government. The entire machinery of the central
government, as distinguished from the different forms of local
governments. [Sec. 2, RA 7656].
National government projects. All current and future national
government infrastructure, engineering works and service contracts,
including projects undertaken by government-owned and controlled
corporations, all projects covered by RA 6957, as amended by RA 7718,
otherwise known as the Build-Operate-and-Transfer Law, and other
related and necessary activities such as site acquisition, supply and/or
installation of equipment and materials, implementation, construction,
completion, operation, maintenance, improvement, repair and
rehabilitation, regardless of the source of funding. [Sec. 2, RA 8975].
National health insurance program. The compulsory health
insurance program of the government as established in RA 7875, as
amended, which shall provide universal health insurance coverage and
ensure affordable, acceptable, available and accessible health care
services for all citizens of the Philippines. [Sec. 1, RA 9241].

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National information network (NIN). An information network which
links all offices and levels of the DA with various research institutions
and local end-users, providing easy access to information and
marketing services related to agriculture and fisheries. [Sec. 4, RA
8435].
National integrated protected areas systems (NIPAS). The
classification and administration of all designated protected areas to
maintain essential ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent
possible. [Sec. 4, RA 7586].
National Internal Revenue Code. PD 1158 entitled A Decree to
consolidate and codify all the internal revenue laws of the Philippines
signed into law on June 3, 1977. See Tax Reform Act of 1997.
National irrigation system (NIS). A major irrigation system managed
by the National Irrigation Administration. [Sec. 4, RA 8435].
Nationality. Intl. Law. Membership in a political community with all its
concomitant rights and obligations. It is a tie that binds an individual to
his state, from which he can claim protection and whose laws he is
obliged to obey. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 102]. Compare
with Citizenship.
Nationality of the claim. Intl. Law. Suits brought in international
tribunals on behalf of a private person may be made only by the
person's national state. [Intl. Law Dict. & Direct., 2004].
Nationality principle. Intl. Law. 1. Doctrine that a court has criminal
jurisdiction if the defendant is a national of the forum state. 2. Doctrine
that a state may tax the worldwide income of its nationals. [Intl. Law
Nationality principle. Taxation. Domiciliary principle.
Nationality rule. Laws relating to family rights and duties, or to the
status, condition and legal capacity of persons are binding upon citizens
of the Philippines, even though living abroad. [Art. 15, CC].

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Nationality rule. Exception: Where a marriage between a Filipino
citizen and a foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have capacity to remarry under
Philippine law. [Art. 26, par. 2, FC, as amended by EO 227].
Nationality theory. The theory that jurisdiction over the status of a
natural person is determined by the latter's nationality. [Ellis v. Rep.,
GR L-16922. Apr. 30, 1963]. See Domiciliary theory.
Nationalization. The acquisition by a state of property previously held
by private persons or companies usually in exchange for some
consideration. [Intl. Law Dict. & Direct., 2004].
Nationalization law. Also Filipinization law. One which limits a
certain economic activity, or the exercise or enjoyment of a certain
right, franchise, privilege, property or business only to Filipino citizens,
or to corporations or associations at least a certain percentage of the
capital of which is owned by Filipino citizens. [Martin, Commentaries
National park. 1. A forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or
any form of exploitation except in conformity with approved
management plan and set aside as such exclusively to conserve the
area or preserve the scenery, the natural and historic objects, wild
animals and plants therein and to provide enjoyment of these features
in such areas. [Sec. 4, RA 7586]. 2. A forest land reservation essentially
of primitive or wilderness character which has been withdrawn from
settlement or occupancy and set aside as such exclusively to preserve
the scenery, the natural and historic objects and the wild animals or
plants therein, and to provide enjoyment of these features in such a
manner as will leave them unimpaired for future generations. [Sec. 3,
PD 705].
National party. A party the constituency of which is spread over the
geographical territory of at least a majority of the regions. [Sec. 3, RA
7941].
National patrimony. The term refers not only to the natural resources
of the Philippines, as the Constitution could have very well used the
term natural resources, but also to the cultural heritage of the Filipinos.

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[Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. See
Patrimony.
National Power Corporation (NPC). The government corporation
created under RA 6395, as amended. [Sec. 4, RA 9136].
National reserve areas. Areas which have been included in any
Exploration or Exploitation concession but which have been
subsequently given up by the concessionaire voluntarily or in
accordance with the requirement of Arts. 50 and 53 of RA 387; or areas
covered by Exploration or Exploitation concession which have expired
or have been cancelled; or areas which have been included within any
of the two kinds of concession but which are found to be in excess the
maximum areas allowed by RA 387 for such concessions. [Art. 15, RA
387].
National service training program (NSTP). A program aimed at
enhancing civic consciousness and defense preparedness in the youth
by developing the ethics of service and patriotism while undergoing
training in any of its three (3) program components. Its various
components are specially designed to enhance the youth's active
contribution to the general welfare. [Sec. 3, RA 9163].
National standard of care. Intl. Law. Doctrine that a state must treat
aliens in the same way that it treats its own nationals. [Intl. Law Dict. &
Direct., 2004].
National territory. It comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines. [Art. I, 1987 Phil. Const.].
National Transmission Corporation (TRANSCO). The corporation
organized to acquire all the transmission assets of the NPC pursuant to
RA 9136.
National treatment. A tenet of international trade agreements whereby
nations must afford imported goods the same treatment that they

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afford domestic or "national" products (no discrimination). [LawInfo
Legal Dictionary (2005)].
National union or federation. Any labor organization with at least ten
(10) locals or chapters each of which must be a duly recognized
collective bargaining agent. [Sec. 1, Rule 1, Book 5, IRR of LC].
Native-born citizen. One who was born in a country in which he is a
citizen. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 252].
Native title. Pre-conquest rights to lands and domains which, as far
back as memory reaches, have been held under a claim of private
ownership by Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs), have never been public lands and are thus indisputably
presumed to have been held that way since before the Spanish
Conquest. [Sec. 4, RA 8371].
Natural appropriation. The occurrence whereby private lands have
been invaded by the waters or waves of the sea and converted into
portions of the shore or beach. [Morenos Law Dict., 2000 Ed., p. 305].
Natural bed or basin of lakes. The ground covered by their waters
when at their highest ordinary depth. [Rep. v. Alagad, GR 66807. Jan.
26, 1989, citing Spanish Law of Waters (1866)]
Natural bed. Also Channel (of a creek or river). The ground covered
by its waters during the highest (ordinary) floods. The original Spanish
text reads: "Alveo a cauce natural de un arroyo y rio es el terreno que
cubren sus aguas en las mayores crecidas ordinarias." [Hilario v. City of
Manila, GR L-19570. Apr. 27, 1967].
Natural biotic area. An area set aside to allow the way of life of
societies living in harmony with the environment to adopt to modern
technology at their pace. [Sec. 4, RA 7586].
Natural-born citizens. Those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their
Philippine citizenship. [Sec. 2, Art. IV, 1987 Phil. Const.].
Natural children. Children born outside wedlock of parents who, at the
time of the conception of the former, were not disqualified by any

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impediment to marry each other. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Spurious children.
Natural children by legal fiction. Children conceived or born of
marriages which are void from the beginning. [Claridades, A.,
Natural fruits. The spontaneous products of the soil, and the young
and other products of animals. [Art. 442, CC].
Natural gas. Gas obtained from boreholes and wells and consisting
primarily of hydrocarbons. [Sec. 3, PD 87].
Natural history specimens. Live or preserved specimens of plants and
animals, fossils, rocks and minerals. Only types, presently irreplaceable
specimens, and those in danger of extinction shall be embraced in RA
4846. [Sec. 3, RA 4846].
Naturalism. Theory that international law is superior to the law of
individual states and normative. [Intl. Law Dict. & Direct., 2004].
Naturalization. Process by which a person acquires nationality after
birth and becomes entitled to privileges of citizenship. [Glossary of
Naturalized citizen. One who acquires his Philippine citizenship after
birth by any one of the modes allowed by law. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 376].
Natural justice. A word used to refer to situations where audi alteram
partem (the right to be heard) and nemo judex in parte sua (no person
may judge their own case) apply. The principles of natural justice were
derived from the Romans who believed that some legal principles were
natural or self-evident and did not require a statutory basis. [Duhaime's
Legal Dict., 2004].
Natural law. The law which derives its force and authority from God. It
is superior to other laws. It is binding to the whole world, in all
countries and at all times. [Suarez, Stat. Con., (1993), p. 37].
Natural monument. A relatively small area focused on protection of
small features to protect or preserve nationally significant natural

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features on account of their special interest or unique characteristics.
[Sec. 4, RA 7586].
Natural obligations. Obligations which, not being based on positive law
but on equity and natural law, do not grant a right of action to enforce
their performance, but after voluntary fulfillment by the obligor, they
authorize the retention of what has been delivered or rendered by
reason thereof. [Art. 1423, CC]. Compare with Civil obligations.
Natural oleochemical. Chemicals derived from processing plant-based
natural oils such as but not limited to coconut, palm, palm kernel,
sunflower, and rapeseed. [Sec. 2, RA 8970].
Natural park. A relatively large area not materially altered by human
activity where extractive resources uses are not allowed and maintained
to protect outstanding natural and scenic areas of national or
international significance for scientific, educational and recreational use.
[Sec. 4, RA 7586].
Natural person. A human being. [Intl. Law Dict. & Direct., 2004].
Natural product. Those foods that grow spontaneously in nature
whether or not they are tended by man. It also refers to foods that
have been prepared from grains, vegetables, fruits, nuts, meats, fish,
eggs, honey, raw milk, and the like, without the use or addition of
additives, preservatives, artificial colors and flavors, or manufactured
chemicals of any sort after harvest or slaughter. [Sec. 4, RA 8423].
Natural resources. Life-support systems such as the sea, coral reefs,
soil, lakes, rivers, streams, and forests as well as useful products found
therein such as minerals, wildlife, trees and other plants, including the
aesthetic attributes of scenic sites that are not man-made. [Sec. 3, RA
7611].
Natural support. Support which extends only to what are absolutely
necessary for subsistence. [Morenos Law Dict., 2000 Ed., pp. 306-307].
Nautical mile. A unit of linear measure equal to 6,080 feet (1,853.2
meters). [Morenos Law Dict., 2000 Ed., p. 306].
Naval architecture and marine engineering, practice of. The
practice shall embrace services in the form of plans, specifications,

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740
estimates, or supervision of the construction, alteration; or structural
survey of any floating vessel or equipment, self-propelled or otherwise;
plans or layouts, specifications, estimates or supervision of the
installation of marine power plants and associated equipments including
screw propeller, paddle wheel and Voith-Schneider propeller, or any
other means of transmitting power from the main propulsion engine (s)
to the buoyant fluid; marine auxiliaries, including refrigeration, air
conditioning, ventilation, and heating plants and equipments and hull
machineries; management, maintenance or operation of any shipyard,
graving dock, marine slipways, and any facility for the salvage, repair or
maintenance of floating vessels or equipments. [Sec. 2, RA 4565].
Navigable air space. Air space above the minimum altitudes of flight
prescribed by regulations issued under RA 776. [Sec. 3, RA 776].
Navigable river. A river that is floatable, that is, a river admitting floats.
And, thus a floatable stream is considered a navigable stream.
[Macatangay v. Sec. of Public Works and Comm., GR L-21673. May 16,
1966, citing 64 CJS 50]. It has been ruled that a river with a depth of 1
foot at low tide is evidently navigable at high tide for vessels of deeper
draft of 1 foot and at low tide for navigable to those of 1 foot drafts,
thereby applying floatability as the norm of navigability under RA 2056
[Villongco v. Moreno, L-17240, Jan. 31, 1962].
Navigable waters. 1. The waters of the Philippines, including the
territorial sea and inland waters which are presently, or be in the future
susceptible for use by watercraft. [Sec. 3, PD 979]. 2. All navigable
portions of the seas, estuaries, and inland waterways. [Sec. 3, PD 857].
Navigation of aircraft or navigating aircraft. Piloting of aircraft.
[Sec. 3, RA 776].
Near contact fire. The phrase implies a distance of not more than three
inches between the wound and the muzzle of the firearm. [Austria v.
People, GR 83530. Dec. 18, 1990]. Compare with Contact fire.
Nearest of kin. The person whose interest in the estate is more
preponderant. [Morenos Law Dict., 2000 Ed., p. 306].
Necessaries. Those indispensable for sustenance, dwelling, clothing and
medical attendance. It also includes education. [Torres, Oblig. & Cont.,
2000 Ed., p. 352].

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741
Necessary. 1. Reasonably convenient. [Alabama & Ry. Co. v. Odeneal,
73 Miss. 34, 19 South, 202]. 2. This word has great flexibility of
meaning. It is used to express mere convenience, or that which is
indispensable to the accomplishment of a purpose. [St. Louis, J & CR.
Co. v. Trustee, 42 III. 307]. 3. It frequently imports no more than that
one thing is convenient, or useful or essential to another, [McCulloch v.
Maryland, 4 Wheat (US) 414, 4 L. Ed. 579].
Necessary deposit. Civ. Law. A deposit (a) made in compliance with a
legal obligation; or (b) which takes place on the occasion of any
calamity, such as fire, storm, flood, pillage, shipwreck, or other similar
events. [Art. 1996, CC]. Compare with Voluntary deposit.
Necessary expenses. 1. Civ. Law. Those made for the preservation of
the property or thing upon which they have been expended. [Santos v.
De Guzman, GR L-11406. Apr. 26, 1961]. Compare with Useful
expenses. 2. Taxation. The expenditures appropriate and helpful in
the development of the taxpayers business. [Atlas Consolidated Mining
& Devt. Corp. v. Comm. of Int. Rev., GR L-26911. Jan. 27, 1981, citing
Martens, Law of Federal, Income Taxation, Vol. IV, p. 315]. Compare
with Ordinary expenses.
Necessary implication doctrine. Stat. Con. A rule of statutory
construction which provides that every statute is understood, by
implication, to contain all such provisions as may be necessary to
effectuate its object and purpose, or to make effective rights, powers,
privileges or jurisdiction which it grants, including all such collateral and
subsidiary consequences as may be fairly and logically inferred from its
terms. [Chua v. CSC, GR 88979, Feb. 7, 1992, 206 SCRA 65, and cited
cases therein].
Necessary means. The phrase merely signifies that one crime is
committed to facilitate and insure the commission of the other.
[Aquino, Rev. Penal Code, Vol. I, 1987 Ed., p. 624, citing Dissent,
Montemayor, J., Amado Hernandez, 99 Phil. 515].
Necessary parties. Those whose presence is necessary to adjudicate
the whole controversy, but whose interests are so far separable that a
final decree can be made in their absence without affecting them.
[Seno v. Mangubat, GR L-44339. Dec. 2, 1987].

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742
Necessary party. A party who is not indispensable but who ought to be
joined as a party if complete relief is to be accorded as to those already
parties, or for a complete determination or settlement of the claim
subject of the action. [Sec. 8, Rule 3, RoC]. Compare with
Indispensable party.
Necessity theory. The theory that the power to tax is an attribute of
sovereignty. It is a power emanating from necessity. It is a necessary
burden to preserve the State's sovereignty and a means to give the
citizenry an army to resist an aggression, a navy to defend its shores
from invasion, a corps of civil servants to serve, public improvements
designed for the enjoyment of the citizenry and those which come
within the State's territory, and facilities and protection which a
government is supposed to provide. [Phil. Guaranty Co. v. Comm. of
Int. Rev., GR L-22074. Apr. 30, 1965].
Necrophilia. Legal Med. A sexual perversion characterized by erotic
desire or coitus with a cadaver. [Olarte, Legal Med., 1st Ed. (2004), p.
114].
Negative defense. The specific denial of the material fact or facts
alleged in the complaint, essential to the plaintiff's cause or causes of
action. [Sec. 5, Rule 6, RoC]. Compare with Affirmative defense.
Negative easement. An easement which prohibits the owner of the
servient estate from doing something which he could lawfully do if the
easement did not exist. [Art. 616, CC]. Compare with Positive
easement.
Negative evidence. Evidence where the witness states that he did not
see or know the occurrence of a fact. [Francisco, Evidence, Vol. VII,
Part 1, 1997 Ed., p. 4]. Compare with Positive evidence.
Negative freedom of association. Labor. The right not to join a labor
union. [Poquiz, Labor Rel. Law, 1999 Ed. p. 101].
Negative pregnant. A denial pregnant with the admission of the
substantial facts in the pleading responded to which are not squarely
denied. It is in effect an admission of the averment it is directed to.
[61A Am. Jur. 2d, Pleadings 172-173; Galofa v. Nee Bon Sing, 22 SCRA
48 (1968); Tamayo v. Callejo, 46 SCRA 27 (1972)].

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Negative testimony. It is when the witness says that he did not see or
know of the factual occurrence. [Tanala v. NLRC, GR 116588. Jan. 24,
1996]. Compare with Positive testimony.
Neglect. 1. The failure to do what can be done and what is required to
be done. [Coronado v. Sandiganbayan, GR 94955. Aug. 18, 1993, citing
West's Legal Thesaurus/Dict., 1986]. 2. Careless or unintentional failure
to exercise diligence in the performance of official duty and including
willful neglect or misfeasance involving failure in the performance of
legal duties. [Manual on Definitions of Admin. Offenses in the Civil
Service, Oct. 2004, p. 5, citing Words & Phrases, Vol. 27 (1955)].
Neglected child. A child whose basic needs have been deliberately
unattended or inadequately attended. [Art. 141, PD 603]. Compare
with Abandoned child and Dependent child.
Neglect of duty. Also Non-feasance. 1. The omission or refusal,
without sufficient excuse, to perform an act or duty, which was the
officer's legal obligation to perform. [Sec. 8, PD 971]. 2. Failure to give
due attention, especially to the performance of a task or duty, a
designed refusal, indifference or unwillingness to perform ones duty.
[Magallanes v. Prov. Board, 66 OG 7839].
Negligence. 1. The omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances of the
persons, of the time and of the place. [Art. 1173, CC]. 2. The omission
to do something which a reasonable man, guided by those
considerations which ordinarily regulate the conduct of human affairs,
would do, or the doing of something which a prudent and reasonable
man would not do. [Layugan v. IAC, GR 73998. Nov. 14, 1988]. 3. The
failure to observe for the protection of the interests of another person,
that degree of care, precaution, and vigilance which the circumstances
justly demand, whereby such other person suffers injury. [Cooley on
Torts, 4th Ed., vol. 3, 265].
Negligence per se. Conduct defined by statute as automatically
constituting negligence. [Intl. Law Dict. & Direct., 2004].
Negligence test. The test for determining whether a person is negligent
in doing an act whereby injury or damage results to the person or
property of another is this: Would a prudent man, in the position of the
person to whom negligence is attributed, foresee harm to the person

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injured as a reasonable consequence of the course about to be
pursued. If so, the law imposes a duty on the actor to refrain from that
course or to take precaution against its mischievous results, and the
failure to do so constitutes negligence. Reasonable foresight of harm,
followed by the ignoring of the admonition born of this prevision, is the
constitutive fact in negligence. [Picart v. Smith, GR L-12219. Mar. 15,
1918].
Negotiability. That attribute of property whereby a bill or note or check
may pass from hand to hand similar to money, so as to give the holder
in due course, the right to hold the instrument and to collect the sum
payable for himself free from defenses. [Claridades, A., Compilation of
Notes, 2001-2006].
Negotiability. Requisites: An instrument to be negotiable must conform
to the following requirements: (a) It must be in writing and signed by
the maker or drawer; (b) must contain an unconditional promise or
order to pay a sum certain in money; (c) must be payable on demand,
or at a fixed or determinable future time; (d) must be payable to order
or to bearer; and (e) where the instrument is addressed to a drawee,
he must be named or otherwise indicated therein with reasonable
certainty. [Sec. 1, NIL].
Negotiability, words of. Nego. Inst. The words which the instrument
in must contain in order to be considered negotiable i.e., must be
payable to 'order' or 'bearer.' [Salas v. CA, GR 76788. Jan. 22, 1990].
Negotiable document of title. A document of title in which it is stated
that the goods referred to therein will be delivered to the bearer, or to
the order of any person named in such document. [Art. 1507, CC].
Negotiable instrument. 1. A written contract for the payment of
money which by its form and on its face is intended as a substitute for
money and passes from hand to hand as money, so as to give the
holder in due course the right to hold the instrument and collect the
sum for himself. [Suggested answer to Bar 1946; 1949, cited in
Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 63].
2. A written document which, when properly executed and delivered,
can be used as a means of exchange and credit in place of money.

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745
Negotiable instrument. Requisites: (a) It must be in writing and
signed by the maker or drawer; (b)
must
contain
an
unconditional promise or order to pay a sum certain in money; (c) must
be payable on demand, or at a fixed or determinable future time; (d)
must be payable to order or to bearer; and (e) where the instrument is
addressed to a drawee, he must be named or otherwise indicated
therein with reasonable certainty. [Sec. 1, NIL].
Negotiable Instruments Law. Act 2031 which took effect on June 2,
1911, and is patterned after the US Uniform Negotiable Instruments
Law, which in turn is copied from the English Bill of Exchange Act of
1882. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002),
p. 63]
Negotiable note. A chose in action, or evidence of the right of the real
owner. [Morenos Law Dict., 2000 Ed., p. 308].
Negotiable receipt. A receipt in which it is stated that the goods
received will be delivered to the bearer or to the order of any person
named in such receipt. [Sec. 5, Act 2137]. See Non-negotiable
receipt.
Negotiate. To communicate on a matter of disagreement between two
parties, with a view to first listen to the other party's perspective and to
then attempt to arrive at a resolution by consensus. [Duhaime's Legal
Dict., 2004].
Negotiated purchase. The procurement of supplies without public
bidding undertaken for the purpose. [IRR on Supply & Prop. Mgt., per
Sec. 383, LGC].
Negotiated sale. A sale without public bidding undertaken for the
purpose. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Negotiating bank. A correspondent bank which buys or discounts a
draft under the letter of credit. Its liability is dependent upon the stage
of the negotiation. If before negotiation, it has no liability with respect
to the seller but after negotiation, a contractual relationship will then
prevail between the negotiating bank and the seller. [Feati Bank &
Trust Co. v. CA, GR 94209. Apr. 30, 1991, citing Scanlon v. First
National Bank of Mexico, 162 N.E. 567 (l928)].

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746
Negotiation. Civ. Law. The period from the time the prospective
contracting parties indicate interest in the contract to the time the
contract is concluded (perfected). [Ang Yu v. CA, GR 109125. Dec. 2,
1994]. Compare with Perfection and Consummation.
Negotiation. Nego. Inst. 1. The transfer of an instrument from one
person to another in such manner as to constitute the transferee the
holder thereof. If payable to bearer, it is negotiated by delivery; if
payable to order, it is negotiated by the indorsement of the holder
completed by delivery. [Sec. 30, NIL]. 2. The process of submission and
consideration of offers until an acceptable offer is made and accepted.
Negotiations. Intl. Law. 1. The first steps taken in the settlement of
international disputes. It is nothing more than the discussion by the
parties themselves of their respective claims and counterclaims with a
view to their just and orderly adjustment. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 120]. 2. The preliminary discussions leading up to the
adoption of an agreement. [Intl. Law Dict. & Direct., 2004].
Negotiorum gestio. The voluntary administration of the abandoned
business or property belonging to another without the consent of the
latter. [Torres, Oblig. & Cont., 2000 Ed., p. 285].
Negotiorum gestio. Requisites: (a) It must refer to definite affairs; (b)
the business or property must be abandoned or neglected; (c) there is
no express or implied authority from the owner; (d) the negotiorum
gestor or officious manager must have been moved by honest intention
to protect the interest of the owner; (e) there is no prohibition from the
owner; (f) the business or property is susceptible of compiled without
mandatum (order). [Torres, Oblig. & Cont., 2000 Ed., p. 286].
Negotiorum gestor. Also Officious manager. The person who
assumed the voluntary administration of the abandoned business or
property belonging to another without the consent of the latter.
Nemo bis punitur pro eodem delicto. Lat. No man is punished twice
for the same fault or offense. [Mallari v. People, GR L-58886. Dec. 13,
1988].

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Nemo contra factum suum venire potest. Lat. No man can
contradict his own act or deed. [Morenos Law Dict., 2000 Ed., p. 308].
Nemo cum alterius detrimento locupletari potest. Lat. No one shall
enrich himself at the expense of another. [Santos v. CA, GR 100963.
Apr. 6, 1993].
Nemo dare potest quod non habet. Lat. One cannot give what he
never had before. [Vda. De Reyes v. CA, GR 92436. July 26, 1991].
Nemo dat quod non habet. Lat. No one can give what he does not
have. [Mercado v. CA, GR 108592. Jan. 26, 1995].
Nemo debet bis puniri pro uno delicto. Lat. No person can be twice
put in this peril for the same offense. [People v. Vergara, GR
101557-58. Apr. 28, 1993].
Nemo debet bis vexari et eadem causa. Lat. No person should be
vexed twice for the same cause. [Allied Banking Corp. v. CA, GR
108089. Jan. 10, 1994].
Nemo debet bis vexari pro uno cadeve causa. Lat. No man shall be
twice vexed for one and the same cause. [Morenos Law Dict., 2000
Ed., p. 309].
Nemo debet esse judex in propria causa. Lat. No one can be a
judge in his own cause. [Filipino Metals Corp. v. Ople, GR L-43861. Sep.
4, 1981]. See Nemo judex in parte sua.
Nemo ex alterius incommodo debet lecupletari. Lat. No man ought
to be made rich out of another's injury. [Security Bank & Trust Co. v.
CA, GR 117009. Oct. 11, 1995].
Nemo judex in parte sua. Lat. No person may judge their own case. A
fundamental principle of natural justice which states that no person can
judge a case in which he is party. [Claridades, A., Compilation of Notes,
2001-2006]. May also be called Nemo judex in sua causa or nemo
debet esse judex in propria causa.
Nemo judex in sua causa. Lat. Nobody should judge his own cause.

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748
Nemo plus juris ad alium transferre potest quam ipse habet. Lat.
No man can transfer to another a right or title greater than he himself
possesses. [Morenos Law Dict., 2000 Ed., p. 309].
Nemo potest esse simul actor et judex. Lat. No man can be at once
a litigant and judge. [Corona v. CA, GR 97356. Sep. 30, 1992].
Nemo potest nisi quod de jure potest. Lat. No man can do anything
except what he can do lawfully. [Traders Royal Bank v. CA, GR 93397.
Mar. 3, 1997].
Nemo tenetur ad impossibile. Lat. The law obliges no one to perform
an impossibility. [Prov. of Cebu v. IAC, GR 72841. Jan. 29, 1987].
Neovascular glaucoma. It is classified as secondary glaucoma caused
by another eye disease or injury. [Hatta Hataie v. ECC, GR 92803. Mar.
22, 1991].
Nephritis. An acute, diffuse inflammation of the glomeruli or kidneys. It
usually follows previous streptoccocal infection mostly in the upper
respiratory tract. [Clemente v. GSIS, GR L-47521. July 31, 1987].
Nepos neptisve. Sp. Grandson or granddaughter. [Barretto v. Tuason,
GR 23923. Mar. 23, 1926].
Nepotism. The prohibition on all appointments in the national,
provincial, city and municipal governments or in any branch or
instrumentality thereof, including government-owned or controlled
corporations, made in favor of a relative of the appointing or
recommending authority, or of the chief of the bureau or office, or of
the persons exercising immediate supervision over him. The word
Relative and members of the family referred to are those related within
the third degree either or consanguinity or of affinity. [Sec. 59, Book V,
EO 292].
Net appraised value. See Sound value.
Net assets. The property, plant and equipment as reflected in the
audited financial statement of the contractor net of depreciation, as
computed for tax purposes, excluding appraisal increase and
construction in progress. [Sec. 3, RA 7942].

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Net asset value. The amount of assets exceeding the liabilities as
differentiated from total assets which include the liabilities. [Adamson v.
CA, GR 106879. May 27, 1994].
Net book value. This is computed by deducting accumulated
depreciation on cost from historical cost. [RCPI v. Natl. Wages Council,
GR 93044. Mar. 26, 1992].
Net capital gain. The excess of the gains from sales or exchanges of
capital assets over the losses from such sales or exchanges. [Sec. 39,
NIRC, as amended].
Net capital loss. The excess of the losses from sales or exchanges of
capital assets over the gains from such sales or exchanges. [Sec. 39,
NIRC, as amended].
Net earnings. Income derived from whatever source, whether exempt
or subject to tax, net of deductions allowed under Sec. 29 of the
National Internal Revenue Code, as amended, and income tax and
other taxes paid thereon, but in no case shall any reserve for whatever
purpose be allowed as a deduction from net earnings. [Sec. 2, RA
7656].
Net income. Gross business/professional income less allowable
deductions, (a) including personal and additional exemptions, or (b)
including only basic personal exemption (when allowed in the case of
non-resident aliens engaged in trade or business or the exercise of a
profession in the Philippines); or (c) without both personal and
additional exemptions (as to such non-resident aliens. [De Leon,
Fundamentals of Taxation, 2000 Ed., p. 96]. Compare with Gross
income.
Network of Protected Areas for Agricultural and Agro-industrial
Development (NPAAAD). Agricultural areas identified by the DA
through the Bureau of Soils and Water Management in coordination
with the National Mapping and Resource Information Authority in order
to ensure the efficient utilization of land for agriculture and
agro-industrial development and promote sustainable growth. The
NPAAAD covers all irrigated areas, all irrigable lands already covered by
irrigation projects with firm funding commitments; all alluvial plain land
highly suitable for agriculture whether irrigated or not; agro-industrial
croplands or lands presently planted to industrial crops that support the

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750
viability of existing agricultural infrastructure and agro-based
enterprises, highlands, or areas located at an elevation of five hundred
(500) meters or above and have the potential for growing
semi-temperate and high-value crops; all agricultural lands that are
ecologically fragile, the conversion of which will result in serious
environmental degradation, and mangrove areas and fish sanctuaries.
[Sec. 4, RA 8435].
Net worth. The difference between total assets and total liabilities. [Sec.
4, PD 379].
Neutrality. Intl. Law. The status of a State refraining from participation
in war. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 620].
New and material evidence. Requisites as a ground for new trial: (a)
that the evidence was discovered after the trial; (b) that such evidence
could not have been discovered and produced at the trial even with the
exercise of reasonable diligence; and (c) that such evidence is material,
not merely cumulative, corroborative or impeaching, and is of such
weight that, if admitted, it will probably change the judgment [People
v. de la Cruz, 207 SCRA 632 (1992), citing SCRA Comments on the
Rules of Court, Vol. 4, 1980 Ed., 340-341].
Newborn. A child from the time of complete delivery to 30 days old.
Newborn screening. The process of collecting a few drops of blood
from the newborn onto an appropriate collection card and performing
biochemical testing for determining if the newborn has a heritable
condition. [Sec. 4, RA 9288].
Newborn screening center. A facility equipped with a newborn
screening laboratory that complies with the standards established by
the National Institute of Health (NIH) and provides all required
laboratory tests and recall/follow-up programs for newborns with
heritable conditions. [Sec. 4, RA 9288].
Newborn screening reference center. The central facility at the
National Institute of Health (NIH) that defines testing and follow-up
protocols, maintains an external laboratory proficiency testing program,
oversees the national testing database and case registries, assists in
training activities in all aspects of the program, oversees content of

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educational materials and acts as the Secretariat of the Advisory
Committee on Newborn Screening. [Sec. 4, RA 9288].
New cause of action. One materially different from, or in addition to,
that first advanced or such as permits a more onerous judgment
against defendant that could before have been rendered against him.
New drugs. 1. Any drug the composition of which is such that said drug
is not generally recognized among experts qualified by scientific training
and experience to evaluate the safety, efficacy and quality of drugs as
safe, efficacious and of good quality for use under the conditions
prescribed, recommended, or suggested in the labeling thereof; or (b)
any drug the composition of which is such that said drug, as a result of
its previous investigations to determine its safety, efficacy and good
quality for use under certain conditions, has become so recognized but
which has not, otherwise than in such investigations, been used to a
material extent or for a material time under new conditions. [Art. 4, RA
7394].
New fees or charges. Those which are imposed by new schools or by
existing schools which are not included in their public bulletin or
catalogue. [Sec. 1, Rule II, PD 451].
New industry participants. New participants in a particular sub-sector
of the downstream oil industry with investments and initial business
operations commencing after Jan. 1, 1994. [Sec. 4, RA 8479].
Newly-discovered evidence. Evidence which could not have been
discovered prior to the trial in the court below by the exercise of due
diligence and which is of such character as would probably change the
result. [Navarra v. CA, GR 86237. Dec. 17, 1991].
Newly-discovered evidence. Requisites: (a) The evidence had been
discovered after trial; (b) the evidence could not have been discovered
and produced during trial even with the exercise of reasonable
diligence; and, (c) the evidence is material and not merely
corroborative, cumulative or impeaching and is of such weight that if
admitted would probably alter the result. [Tumang v. CA, GR 82072, 17
Apr. 1989, 172 SCRA 328; Velasco v. Ortiz, GR 51973, 16 Apr. 1990,
184 SCRA 303].

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752
New product. A consumer product which incorporates a design,
material or form of energy exchange which has not previously been
used substantially in consumer products and as to which there exists a
lack of adequate information to determine the quality and safety of
such product if used by the consumers. [Art. 4, RA 7394].
News. All events and items of information which are out of the ordinary
humdrum routine, and which have that indefinable quality of
information which arouses public attention. [Ayer Prods. Pty. Ltd. v.
Capulong, GR L-82380. Apr. 29, 1988].
Newspaper of general circulation. A newspaper published for the
dissemination of local news and general information; that it has a bona
fide subscription list of paying subscribers; that it is published at regular
intervals. [Basa v. Mercado, GR 42226. July 26, 1935].
New trial. The rehearing of a case already decided by the court but
before the judgment thereon becomes final and executory, whereby
errors of law or irregularities are expunged from the record, or new
evidence is introduced or both steps are taken. [Claridades, A.,
New York Convention. The United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards approved in
1958 and ratified by the Philippine Senate under Senate Resolution No.
71. [Sec. 3, RA 9285].
Next of kin. 1. Those persons who are entitled under the statute of
distribution to the decedent's property. [Gabriel v. CA, GR 101512. Aug.
7, 1992, citing Cooper v. Cooper, 43 Ind. A 620, 88 NE 341]. 2. A
relative or a responsible friend with whom the minor or incompetent
lives. [IRR, Sec. 16(a) of PD 1508]. 3. The nearest blood relative of a
deceased. The expression has come to describe those persons most
related to a dead person and therefore set to inherit the deceaseds
property. [Duhaime's Legal Dict., 2004].
Nieto. Sp. Grandson. The son of the son. Used with respect to the
grandfather. The term is also used by extension to include the word
descendant in a given line to the third, fourth and successive
generations. [Barretto v. Tuason, GR 23923. Mar. 23, 1926, citing
Diccionario de la Legislacion Espaola, Vol. 8, p. 373].

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Night shift differential. Payment of not less than ten percent of an
employees regular wage for each hour of work performed between ten
o'clock in the evening and six o'clock in the morning. [Art. 86, LC].
Nighttime (obscuridad). That period of darkness beginning at the end
of dusk and ending at dawn. [People v. Codilla, GR 100720-23. June
30, 1993, citing Reyes, Rev. Penal Code. 12th Ed., 353, Vol. I (1981)].
Nighttime and uninhabited place. The aggravating circumstances
under Art. 14 (6) of the Rev. Penal Code which may be considered,
provided the following elements are taken into account: (a) When it
facilitated the commission of the crime; or (b) When especially sought
for by the offender; or (c) When offender took advantage thereof for
the purpose of impunity. [US v. Billedo, 32 Phil. 574; People v.
Matbagon, 60 Phil. 887].
NIH. National Institute of Health. [Sec. 4, RA 9288].
Nitrate test. See Paraffin test.
No-contest clause. Language in a will that provides that a person who
makes a legal challenge to the will's validity will be disinherited.
Nocturnity. An aggravating circumstance under Art. 14 (6) of the Rev.
Penal Code when it is purposely and deliberately sought by the accused
to facilitate the commission of the crime [People v. Alcala, 46 Phil.
739], or to prevent their being recognized or to insure unmolested
escape. [US v. Billedo, 32 Phil. 575]. Nocturnidad must concur with the
intent and design of the offender to capitalize on the intrinsic impunity
afforded by the darkness of night. [People v. Leyles, L-15300, May 29,
1964].
No-fault indemnity. The payment of any claim for death or injury to
any passenger or third party pursuant to the provisions of Chap. VI of
the Ins. Code (PD 612) without the necessity of proving fault or
negligence of any kind. [Sec. 378, IC].
No-fault indemnity clause. A clause found in an insurance policy
under which any claim for death or injury of any passenger or third
party shall be paid without the necessity of proving fault or negligence

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of any kind. [Suggested Answer for the 1994 Bar, UPLC, (2002), p.
107].
Nolle prosequi. Lat. Will no further prosecute. The withdrawal or
dismissal of an information addressed solely to the sound and judicious
discretion of the court which has the option to grant or deny it. [Galvez
v. CA, GR 114046. Oct. 24, 1994].
Nolo contendere. Lat. I will not defend it. 1. Used primarily in criminal
proceedings whereby the defendant declines to refute the evidence of
the prosecution. In some jurisdictions, this response by the defendant
has same effect as a plea of guilty. [Duhaime's Legal Dict., 2004]. 2. A
Latin phrase meaning "I will not contest it." A plea in a criminal case
which does not require the defendant to admit guilt, but the defendant
does not contest the facts on which the charge is based. Some judges
refuse to accept such pleas in criminal cases. [Jurists Legal Dict.,
2004].
Nominal damages. 1. These damages are adjudicated in order that a
right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him. [Art. 2221, CC].
2. Small and trivial sums awarded for a technical injury due to a
violation of some legal right and as a consequence of which some
damages must be awarded to determine the right. [Torres, Oblig. &
Cont., 2000 Ed., p. 332, citing 17 CJ, p. 714].
Nominal partner. A person who is actually not a partner but is held out
or represented as a partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189].
Nominate contracts. They are contracts with specific names or
designation in law. E.g., sale. [Diaz, Bus. Law Rev., 1991 Ed., p. 61].
Compare with Innominate contracts.
Non-academic personnel. All other school personnel not falling under
the definition and coverage of teaching and academic staff, school
administrators and academic non-teaching personnel. [Sec. 6, BP 232].
Non allegata non probata. Lat. That which is not alleged cannot be
proved. This is an exclusionary rule in the Law of evidence that a party
who fails to allege a fact in his pleadings may not also be allowed to
prove it, if the party objecting thereto be not thereby given a chance to

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prove the contrary of what was not alleged but proved by the other.
[Rule on Pleadings and the Law of Evidence].
Non-apparent easements. Those easements which show no external
indication of their existence. [Art. 615, CC].
Non-bank financial intermediary. A financial intermediary, as defined
in Sec. 2(D)(c) of RA 337, as amended, otherwise known as the
General Banking Act, authorized by the Bangko Sentral ng Pilipinas
(BSP) to perform quasi-banking activities. [Sec. 22, NIRC, as amended].
Non-belligerency. Intl. Law. Sometimes used instead of the term
neutrality to describe the status of a State which did not take part in
military operations, but which did not observe the duties of a neutral. It
is a status mid-way between a neutral and a belligerent, which is not
recognized in international law. [Coquia and Santiago, Intl. Law, 3rd
Ed. (1998), p. 621.
Non bis in idem. Lat. Not twice for the same. The rule on double
jeopardy found in Sec. 22, Art. IV, Bill of Rights (of the 1987 Const.)
[Esmea v. Pogoy, GR L-54110, Feb. 20, 1981].
Non-competitive bidding. A bidding where there is only one
participating bidder and, hence, falls short of the requirement. There
would, in fact, be no bidding at all since, obviously, the lone participant
cannot compete against himself. [Danville Maritime, Inc. v. COA, GR
85285. July 28, 1989, citing Fernandez, Treatise on Govt. Contracts
under Phil. Law, p. 63].
Non-complying bid. A bid which does not comply with the advertised
descriptions and specifications. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].
Non compos mentis. Lat. Not of sound mind. 1. It indicates that a
person does not have the ability, due to his mental condition, to know
the nature of his act. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. 2. Not
of sound mind; insane. [Jurists Legal Dict., 2004].
Non-consumables. Those things whose use according to their nature
does not destroy the substance of the thing nor cause their loss to the
owner. Money in coin is a non-consumable thing. [Tolentino, Civil Code
of the Phil., Vol. II, Repr. 2001, p. 27].

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Non-conventional energy resources. Those energy resources in
which the conversion or utilization technology for large-scale (megawatt
level) applications are not as well-developed and/or widely use as those
for fossil fuels, hydrogeothermal and conventional nuclear. In general,
these resources would include the direct and indirect forms of solar,
tidal nuclear converter and breeder reactors and fusion. [Sec. 2, PD
1068].
Non-Convention award. A foreign arbitral award made in a State
which is not a Convention State. [Sec. 3, RA 9285].
Non-Convention state. A state that is not a member of the New York
Convention. [Sec. 3, RA 9285].
Non-cumulative preferred shares. Corp. Law. Those which entitle the
holders merely to the payment of current dividends but not back
dividends, before holders of common shares are paid. [Diaz, Bus. Law
Rev., 1991 Ed., p. 249]. Compare with Cumulative preferred
shares.
Non debeo meliores esse conditions quam auctor neus, a quo jus
ad ge transit. Lat. The successor cannot be in a better condition than
his predecessor. [Quijano v. Cabale, 49 Phil. 367, citing Escriche's Dict.,
title Successor].
Non-degree programs. All post secondary vocational or technical
courses, not otherwise covered by degree requirements. [Sec. 1, PD
932]. Compare with Degree programs.
Non erit alia lex Romae, alia Athenis; alia nunc, alia posthac; sed
et apud omnes gentes et omne tempore una eademque lex
obtinebit. Lat. There shall not be one law at Rome, another at Athens;
one now, another hereafter; but among all nations one and the same
law
shall
prevail.
[Compagnie
Franco-Indochinoise
v.
Deutsch-Australische Dampschiffs, GR 13954. Jan. 17, 1919].
Non-establishment clause. Const. Law. A provision in the 1897 Phil.
Constitution that no law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. [Sec. 5, Art. III, 1987
Const.].

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Non est factum. Lat. Not his deed. A special defense in contract law to
allow a person to avoid having to respect a contract that he signed
because of certain reasons such as a mistake as to the kind of contract.
For example, a person who signs away the deed to a house, thinking
that the document signed was only a guarantee for another person's
debt, might be able to plead non est factum in a court and on that
basis get the court to void the contract. [Duhaime's Legal Dict., 2004].
Non-exclusive exploration permit. A permit which grants to the
permittee the non-exclusive right to conduct geological or geophysical
exploration on specified areas. [Art. 10, RA 387].
Non-expendable supplies or property or non-consumable
supplies or property. Articles which are not consumed in used and
which ordinarily retain their original identity during the period of use,
such as weapons, vehicles, machines, tools, and instruments. [IRR on
Nonfeasance. Not doing something that a person should be doing.
[Duhaime's Legal Dict., 2004]. Compare with Malfeasance and
Misfeasance. See also Neglect of duty.
Non-formal education. Any organized, systematic educational activity
carried outside the framework of the formal system to provide selected
types of learning to a segment of the population. [Sec. 4, RA 9155].
Non-fungibles. Those which have their own individuality and do not
admit of substitution. [Tolentino, Civil Code of the Phil., Vol. II, Repr.
2001, p. 28].
Non-governmental organization (NGO). 1. An agency, institution, a
foundation or a group of persons whose purpose is to assist peoples
organizations/associations in various ways including, but not limited to,
organizing, education, training, research and/or resource accessing.
[Sec. 4, RA 8550]. 2. A duly registered nonstock, nonprofit organization
focusing on the upliftment of the basic or disadvantaged sectors of
society by providing advocacy, training, community organizing,
research, access to resources, and other similar activities. [Sec. 3, RA
8425]. 3. A nonstock, nonprofit organization involved in activities
dealing with resource and environmental conservation, management
and protection. [Sec. 3, RA 7942].

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Nongovernment organization. A nonprofit domestic corporation: (a)
organized and operated exclusively for scientific, research, educational,
character-building and youth and sports development, health, social
welfare, cultural or charitable purposes, or a combination thereof, no
part of the net income of which inures to the benefit of any private
individual; (b) which, not later than the 15th day of the third month
after the close of the accredited nongovernment organizations taxable
year in which contributions are received, makes utilization directly for
the active conduct of the activities constituting the purpose or function
for which it is organized and operated, unless an extended period is
granted by the Secretary of Finance in accordance with the rules and
regulations to be promulgated, upon recommendation of the
Commissioner of Internal Revenue; (c) the level of administrative
expense of which shall, on an annual basis, conform with the rules and
regulations to be prescribed by the Secretary of Finance, upon
recommendation of the Commissioner of Internal Revenue, but in no
case to exceed thirty percent (30%) of the total expenses; and (d)
the assets of which, in the event of dissolution, would be distributed to
another nonprofit domestic corporation organized for similar purpose or
purposes, or to the state for public purpose, or would be distributed by
a court to another organization to be used in such manner as in the
judgment of said court shall best accomplish the general purpose for
which the dissolved organization was organized. [Sec. 34, NIRC, as
amended].
Non-interference doctrine. The judgment of a court of competent
jurisdiction may not be opened, modified or vacated by any court or
tribunal of concurrent jurisdiction. [Mercado v. Ubay, GR L-35830, 24
July 1990, 187 SCRA 719].
Non-hearsay. Evid. A statement introduced not for the purpose of
proving the truth of the facts asserted therein but only the making of
the statement and is admissible in evidence when the making of the
statement is relevant. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Hearsay.
Non-irrigated lands. Agricultural lands which lack irrigation systems
and are usually rain-fed. [Sec. 4, RA 7607].
Non-joinder. When a person who should have been made a party to a
legal proceedings has been forgotten or omitted. This is usually
addressed by asking the court to amend documents and include the

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forgotten party to the proceedings. [Duhaime's Legal Dict., 2004].
Compare with Misjoinder.
Non liquet. Lat. It is not clear. [Locsin v. Valenzuela, GR 51333. Feb.
19, 1991].
Non-metallic deposits. All other deposits not covered by the definition
of Metallic deposits. [Sec. 18, PD 464].
Non-metallic mineral. Mineral usually having a dull luster, generally
light-colored, transmits light, usually gives either colorless or light
colored streak and where a non-metallic/component can be
extracted/utilized for a profit. [Sec. 4, DENR Admin. Order 95-23].
Non mi ricordo answer. I cannot recall answer to the question asked
by the investigator. [People v. Cruz, GR 69251. Sep. 13, 1989].
Non-negotiable credits. Commercial credits which are neither
negotiable nor payable to bearer, are transferred by assignment
without need of consent of, but with notice to, the debtor, and for
which the assignor thereof is liable for the legality of the credit and for
his capacity as transferor, but not for the solvency of the debtor, unless
there is agreement to the contrary. [Art. 347-348, Code of Commerce].
Non-negotiable instrument. An instrument deemed as non-negotiable
because the holder thereof takes it without prejudice to such rights or
defenses as the registered owners or transferor's creditor may have
under the law, except insofar as such rights or defenses are subject to
the limitations imposed by the principles governing estoppel. [De los
Santos v. McGrath, 96 Phil. 577].
Non-negotiable receipt. A receipt in which it is stated that the goods
received will be delivered to the depositor or to any other specified
person. [Sec. 4, Act 2137]. See Negotiable receipt.
Non-participating preferred shares. Corp. Law. Those that entitle
the holders only to the stipulated preferred dividend and no more.
[Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Participating
preferred shares.

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Non-party participant. A person, other than a party or mediator, who
participates in a mediation proceeding as a witness, resource person or
expert. [Sec. 3, RA 9285].
Non-personal services. The term includes, but is not limited to,
repairing, cleaning, redecorating, or rental of personal property and
furnishing of necessary repair parts or other supplies as part of the
services performed. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Non-point source. Any source of pollution not identifiable as point
source to include, but not be limited to, runoff from irrigation or
rainwater, which picks up pollutants from farms and urban areas.
Non-project employees. Those employed by a construction company
without reference to a particular project. [Fernandez v. NLRC, GR
106090. Feb. 28, 1994].
Non quieta movere. Lat. Do not disturb what has been settled. 1. The
rule that administrative decisions must end sometime, as fully as public
policy demands that finality be written on judicial controversies. [Manila
Electric Co. v. Public Service Commission, 61 Phil., 456]. 1. The rule of
non quieta movere prescribes that what was terminated should not be
disturbed [Espiritu v. San Miguel Brewery, 63 Phil., 615].
Non-resident alien. An individual whose residence is not within the
Philippines and who is not a citizen thereof. [Sec. 22, NIRC, as
amended].
Non-resident citizen. (a) One who establishes to the satisfaction of the
Commissioner of Internal Revenue the fact of his physical presence
abroad with a definite intention to reside thereto; (b) a citizen leaving
the Philippines during the taxable year to reside abroad, either as an
immigrant or for employment on a more or less permanent basis and
contract workers whose contract of employment are renewed from time
to time within or during the taxable year under such circumstances as
to require them to be physically present abroad most of the time during
the taxable year, shall be considered as a nonresident for such taxable
year with respect to the income he derived from foreign sources from
the date he actually departed from the Philippines; (c) a citizen who
has been previously considered as non-resident citizen and who arrives
in the Philippines at any time during the taxable year to reside

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permanently in the Philippines shall likewise be treated as a
non-resident citizen for the taxable year in which he arrives in the
Philippines with respect to his income derived from sources abroad until
the date of his arrival in the Philippines; or (d) the taxpayer shall
submit proof to the Commissioner of Internal Revenue to show his
intention of leaving the Philippines to reside permanently abroad or to
return to and reside in the Philippines as the case may be for purposes
hereof. [Sec. 22, NIRC, as amended].
Non-resident foreign corporation. A foreign corporation not engaged
in trade or business within the Philippines. [Sec. 22, NIRC, as
amended].
Non-self-executing treaty. Intl. Law. A treaty that requires states
parties to enact enabling legislation before it becomes effective
domestically. [Intl. Law Dict. & Direct., 2004].
Non-self-governing territory. Intl. Law. A territory under the control
of a colonial power. [Intl. Law Dict. & Direct., 2004].
Non servanti fidem, non est fides servanda. Lat. A party (cannot)
be held bound to fulfill his promises when the other violates his. [Univ.
Food Corp. v. CA, GR L-29155. May 13, 1970].
Non-stock corporation. One where no part of its income is
distributable as dividends to its members, trustees, or officers, subject
to the provisions of the Corporation Code on dissolution: Provided, That
any profit which a non-stock corporation may obtain as an incident to
its operations shall, whenever necessary or proper, be used for the
furtherance of the purpose or purposes for which the corporation was
organized, subject to the provisions of this Title. [Sec. 87, Corp. Code].
Non-stock savings and loan association. A non-stock, non-profit
corporation engaged in the business of accumulating the savings of its
members and using such accumulations for loans to members to
service the needs of households by providing long term financing for
home building and development and for personal finance. [Sec. 3, RA
8367].
Non-suability of the State. 1. The principle that a sovereign is exempt
from suit, not because of any formal conception or obsolete theory, but
on the legal and practical ground that there can be no legal right as

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against the authority that makes the law on which the right depends.
[The Amer. Ins. Co. v. Macondray & Co., Inc., GR L-24031. Aug. 19,
1967, citing Kawananakao v. Polybank, 206 US 349]. 2. A doctrine laid
down under Sec. 2, Art. XVI of the 1987 Phil. Constitution which holds
that the State may not be sued without its consent. [Claridades, A.,
Non sui juris. Lat. It means that a person, not of legal age, does not
have legal capacity. [Torres, Oblig. & Cont., 2000 Ed., p. 352].
Nonsuit. Rem. Law. 1. The termination of an action which do not
adjudicate issues on the merits. [Lim Tanhu v. Ramolete, GR L-40098,
29 Aug. 1975, 66 SCRA 425]. 2. A judgment given against plaintiff
when he is unable to prove a case, or when he refuses or neglects to
proceed to trial and leaves the issue undetermined. [Metals Engineering
Resources Corp. v. CA, GR 95631, 28 Oct. 1991, 203 SCRA 273].
Non-suited party. Rem. Law. A party who fails to appear at a pre-trial
conference (and who) may be considered as in default. [Insular Veneer
v. Plan, GR L-40155, Sep. 10, 1976, 73 SCRA 1].
Non-theatrical distribution. (a) Public showing of long and short
motion pictures through the use of mobile projection equipment not
imposing admission fee; (b) showing long or short motion pictures to
organizations, societies, clubs, groups, etc. such as films for children,
educational, documentary, cultural, scientific, newsreel, industrial,
sales, public relations, and instructional films. [Sec. 10, PD 1986]. See
Theatrical distribution.
Non-traditional crops. Crops other than rice, corn, coconut and sugar.
[Sec. 4, RA 7900].
Nonuser. 1. A neglect to use a privilege or a right. [Sandiganbayan v.
CA, GR 118883. Jan. 16, 1998, citing Cyclopedic Law Dict., 3rd Ed.]. 2.
A neglect to exercise an easement or an office. [Sandiganbayan v. CA,
GR 118883. Jan. 16, 1998, citing Black's Law Dict., 6th Ed.].
Non-voting share. Corp. Law. A share without right to vote. [De Leon,
Corp. Code of the Phil. Annotated, 1989 Ed., p. 61]. Compare with
Voting share.

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Noontime. In the local interpretation, it is anytime from 9:00 am to 1:00
pm. [People v. Ausan, GR L-49728. July 15, 1987].
No par value shares. Corp. Law. 1. Shares without any stated value
appearing on the face of the certificate of stock. It is a stock which
does not state how much money it represents. [De Leon, Corp. Code of
the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares which are without par
value which may be sold at whatever price the company's board of
directors decides. [Duhaime's Legal Dict., 2004]. Compare with Par
value shares.
No religious test clause clause. Const. Law. A provision in the 1897
Phil. Constitution that no religious test shall be required for the
exercise of civil or political rights. [Sec. 5, Art. III, 1987 Const.].
Normal baseline. The low-water line along the coast as marked on
large-scale charts officially recognized by the coastal state. [Intl. Law
Dict. & Direct., 2004]. Compare with Straight baseline.
Normal baseline method. Intl. Law. A method employed in defining
the territorial sea under which the territorial sea is drawn from the
low-water mark of the coast (to the breadth claimed) following its
sinuosities and curvatures but excluding the internal waters in bays and
gulfs. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 63]. Compare with
Straight baseline method.
Normal hours of work. The normal hours of work of any employee
shall not exceed eight in a day. [Art. 83, LC].
Noscitur a sociis. Lat. Associated words. 1. A rule of statutory
construction under which a word or phrase should be interpreted in
relation to, or given the same meaning as, the words to which it is
associated. [Magtajas v. Pryce Properties, GR 111097. July 20, 1994].
2. The rule of law that holds that the meaning of a contract is derived
from reading it as a whole. Where parts of a contract contradict each
other, a court must restrict the meaning of, or reject, the word or
clause that does not adhere to the general meaning of the contract,
namely the parties' intent. [Tetley, Glossary of Conflict of Laws, 2004].
Also known as the Doctrine of associated words.
Notarial document. A document duly acknowledged before a notary
public. It is a public document. A recital in the certificate of

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acknowledgment is prima facie evidence of the fact that he was such
an officer. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 301].
Notarial register. The register kept by every notary public wherein
record shall be made of all his official acts as notary and a certified
copy of such record, or any part thereof shall be supplied by him to any
person applying for it and paying the legal fees therefor. [Sec. 245, Art.
V, Rev. Admin. Code].
Notarial seal. The seal of office procured by every person appointed to
the position of notary public which shall be affixed to papers officially
signed by him. It shall be of metal and shall have the name of the
province and the word Philippines and the notarys name engraved on
the margin thereof, and the words Notary Public across the center.
[Sec. 244, Art. IV, Rev. Admin. Code].
Notarial will. A will duly acknowledged by the testator and the
witnesses before a notary public, a public document executed and
attested through the intervention of the notary public and, as such
public document, evidence of the facts in clear, unequivocal manner
therein expressed. [Gabriel-Gonzalez v. CA, GR L-37453. May 25,
1979]. Compare with Holographic will.
Notarization. Acknowledgement executed by a notary public and
appended to a private document which converts such document into a
public one and renders it admissible in court without further proof of its
authenticity and upon which courts, administrative agencies and the
public at large must be able to rely. [Claridades, A., Compilation of
Notes, 2001-2006].
Notary or notary public. 1. A public officer who attests or certifies
deeds and other writings to make them authentic and takes affidavits,
depositions, and protests of negotiable paper. [Title IV, Chapter II,
Rev. Admin Code]. 2. A legal officer with specific judicial authority to
attest to legal documents usually with an official seal. [Duhaime's Legal
Dict., 2004].
Notary public, misconduct of. See Misconduct of notary public.
Note verbale. Intl. Law. An unsigned document which contains a
resume of diplomatic conversations. [Coquia and Santiago, Intl. Law,
3rd Ed. (1998), p. 494].

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Not guilty plea. Complete denial of guilt. In criminal cases, a necessary
stage of the proceedings required to preserve all legal issues. [Jurists
Legal Dict., 2004].
Not guilty by reason of insanity. The (court) must determine that the
defendant, because of mental disease or defect, could not form the
intent required to commit the offense. [Jurists Legal Dict., 2004].
Notice. Formal notification to the party that has been sued in a civil case
of the fact that the lawsuit has been filed. Also, any form of notification
of a legal proceeding. [Glossary of Legal Terms (Pro-Se), 2004].
Notice of appeal. An information, advice or announcement where the
appellant merely signifies that he is appealing to a particular court a
decision or resolution rendered by the trial court. [Morenos Law Dict.,
2000 Ed., p. 314].
Notice of dishonor. 1. Bringing to the knowledge of the drawer or
indorser of the instrument, either verbally or by writing, the fact that a
specified instrument, upon proper proceedings taken, has not been
accepted or has not been paid, and that the party notified is expected
to pay it. [State Investment House, Inc. v. CA, GR 101163. Jan. 11,
1993, citing Martin v. Browns, 75 Ala 442]. 2. Notice given by a holder
or his agent to a party or parties secondarily liable that the instrument
was dishonored by non-acceptance by the drawee of a bill, or by
non-payment by the acceptor of a bill, or by non-payment by the maker
of a note. [Claridades, A., Compilation of Notes, 2001-2006].
Notice of lis pendens. See Lis pendens notice.
Notice to creditors. A notice given by the bankruptcy court to all
creditors of a meeting of creditors. [Glossary of Legal Terms (Pro-Se),
2004].
Notifying bank. A correspondent bank which assumes no liability
except to notify and/or transmit to the beneficiary the existence of the
letter of credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30,
1991].
Notoriety. The principal guide in determining what facts may be
assumed to be judicially known. [State Prosecutors v. Muro, AM

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RTJ-92-876. Sep. 19, 1994, citing King v. Gallun, 109 US 99, 27 L. ed.
870].
Notoriously undesirable, test of being. Whether it is common
knowledge or generally known as universally believed to be true or
manifest to the world that a person committed the acts imputed against
him, and whether he had contracted the habit for any of the
enumerated misdemeanors. [San Luis v. CA, GR 80160. June 26, 1989].
Notorious negligence. 1. It is something more than mere or
contributory negligence; it signifies a deliberate act of the employee to
disregard his own personal safety. [Paez v. WCC, L-18438, Mar. 30,
1963, 7 SCRA 588, 594]. 2. The term is equivalent to "gross
negligence" and consists in the failure to exercise even slight care.
[Caunan v. Compania General de Tabacos, 56 Phil. 542 (1932)].
Notorious possession. Possession when it is so conspicuous that it is
generally known and talked of by the public or the people in the
neighborhood. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, citing
Black's Law Dict., 5th Ed., 859].
Notwithstanding. In spite of, even if, without regard to or impediment
by other things. [LawInfo Legal Dictionary (2005)].
Novation. 1. The extinguishment of an obligation by the substitution of
that obligation with a subsequent one, which terminates it, either by
changing its object or principal conditions or by substituting a new
debtor in place of the old one, or by subrogating a third person to the
rights of the creditor. [Broadway Centrum v. Tropical Hut, GR 79642.
July 5, 1993]. 2. Any change, substitution, or renewal of an obligation
with the intention of essentially modifying the same. It does not
operate as an absolute but only as a relative extinction, because it
creates a new one in place of the old which is only modified. [Diaz, Bus.
Law Rev., 1991 Ed., p. 56]. Compare with Subrogation.
Novation. Forms: (a) Expromision; and (b) delegacion. [De Cortes v.
Venturanza, GR L-26058. Oct. 28, 1977].
Novation. Kinds: (a) Real novation when the object or principal
conditions are changed; (b) personal novation when the person of the
debtor is substituted and/or when a third person is subrogated in the
rights of the creditor; and (c) mixed novation when the object and the

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debtor or creditor, or both the parties, are changed; it is a combination
of real and personal novations. [Diaz, Bus. Law Rev., 1991 Ed., p. 56].
Novation. Requisites: (a) There must be a previous valid obligation; (b)
there must be an agreement of the parties concerned to a new
contract; (c) there must be the extinguishment of the old contract; and
(d) there must be the validity of the new contract. [Tiu Siuco v.
Habana, GR 21106; 45 Phil. 707].
Novatio non praesumitur. Lat. in the Roman Law jurisprudence, the
principle that novation is never presumed. [Reyes v. CA, GR 120817.
Nov. 4, 1996].
Nuclear materials. Uranium, plutonium, curium and other fissionable
materials. [Sec. 2, RA 4095].
Nuda proprietas. Lat. Naked ownership. [Claridades, A., Compilation of
Notes, 2001-2006]. Compare with Domino absoluto.
Nudum pactum. Lat. 1. A contract without cause or consideration.
[Ocampo v. CA, GR 97442. June 30, 1994]. 2. A contract-law term
which stands for those agreements which are without consideration,
such as a unilateral undertaking, which may bind a person morally, but
not under contract law, in those jurisdictions which still require
consideration. [Duhaime's Legal Dict., 2004].
Nuisance. 1. Any act, omission, establishment, business, condition of
property, or anything else which: (a) injures or endangers the health or
safety of others; or (b) annoys or offends the senses; or (c) shocks,
defies or disregards decency or morality; or (d) obstructs or interferes
with the free passage of any public highway or street, or any body of
water; or (e) hinders or impairs the use of property. [Art. 694, CC]. 2.
Anything that works an injury, harm, or prejudice to an individual or the
public, and will embrace everything that endangers life or health,
offends the human senses, transgresses laws of decency, or obstructs,
impairs, or destroys the reasonable, peaceful, and comfortable use of
property. [Tan Chat v. Mun. of Iloilo, GR 39810. Aug. 31, 1934, citing
Words & Phrases, Vol. 5, 3rd series, p. 499]. 3. Excessive or unlawful
use of one's property to the extent of unreasonable annoyance or
inconvenience to a neighbor or to the public. [Duhaime's Legal Dict.,
2004].

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Nuisance per accidens. Also Nuisance in fact. 1. It is considered a
nuisance by reason of circumstances, location and surroundings. 2. One
that becomes a nuisance by reason of circumstances or surroundings.
[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 435, citing
Iloilo Ice Cold Storage v. Iloilo, 24 Phil. 461].
Nuisance per se. Also Nuisance at law. 1. A nuisance which affects
the immediate safety of persons and property and may be summarily
abated under the undefined law of necessity. [Monteverde v. Generoso,
52 Phil. 123 (1928)]. 2. An act, occupation, or structure which is a
nuisance at all times and under any circumstances, regardless of
locations or surroundings. It is a nuisance in and of itself without
regard to circumstances. [Tolentino, Civil Code of the Phil., Vol. II,
Repr. 2001, p. 435, citing Wheeler v. River Falls Power Co., 215 Ala.
655, 111 So. 907; Hundley v. Harrison, 123 Ala. 292, 296, 26 So. 294].
Null and void ab initio. No legal effect whatsoever and at any time.
[Treasurer of the Phils. V. CA, GR L-42805. Aug. 31, 1987].
Nullum tempus occurrit regi or nullum tempus occurrit
reipublicae. Lat. Lapse of time does not bar the right of the crown or
lapse of time does not bar the commonwealth. The rule is now
embodied in Art. 1108(4) of the Civil Code. It is a maxim of great
antiquity in English law. The best reason for its existence is the great
public policy of preserving public rights and property from damage and
loss through the negligence of public officers. [Mindanao Devt.
Authority v. CA, GR L-49087. Apr. 5, 1982, citing 34 Am Jur 301;
Ballentine's Law Dict., p. 891; US v. Nashville, Chattanooga & St. Louis
Railway Co., 118 U.S. 120, 125].
Nunc pro tunc. Lat. Now for then. The doing of something late (after it
should have been done in the first place), with effect as if it had been
done on time. [Duhaime's Legal Dict., 2004].
Nunc pro tunc judgment. A judgment which concerns itself not with
the rendering of a new judgment and the ascertainment and
determination of new rights, but with the placing in proper form on the
record, the judgment that has been previously rendered, to make it
speak the truth, so as to make it show what the judicial action really
was. [Lichauco v. Tan Pho, 51 Phil. 862, 880 (1923)].

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Nuncupative will. 1. An oral (unwritten) will. [Jurists Legal Dict., 2004;
Matias v. Alvarez, 10 Phil. 398]. 2. An oral will declared or dictated by
the testator in his last sickness before a sufficient number of witnesses,
and afterwards reduced to writing. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 554].
Nursery. A child-caring institution that provides care for six or more
children below six years of age for all 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 supplements or in the body through biosynthesis. [Sec. 3,
RA 8976].
Nutrition facts. A statement or information on food labels indicating the
nutrient(s) and the quantity of said nutrient found or added in the
processed foods or food products. [Sec. 3, RA 8976].
Nutrition labeling. A system of describing processed foods or food
products on the basis of their selected nutrient content. It aims to
provide accurate nutrition information about each food. This is printed
in food labels as Nutrition Facts. [Sec. 3, RA 8976].
Nymphomania. Legal Med. The excessive sexual desire in women.
[Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Satyriasis.

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770
-OOath. 1. A religious or solemn affirmation to tell the truth or to take a

certain action. [Duhaime's Legal Dict., 2004]. 2. A solemn pledge made
under a sense of responsibility in attestation of the truth of a statement
or in verification of a statement made. [Glossary of Legal Terms
(Pro-Se), 2004].
Obfuscation. Any impulse or unreasoning temper, a condition of mind
brought about by something unlawful and sufficient to produce the
same. [Morenos Law Dict., 2000 Ed., p. 317].
Obiter dictum. Lat. A remark or opinion, by the way. 1. An observation
by a court on a matter not specifically before the it or not necessary in
determining the issue before the court; a side opinion which does not
form part of the judgment for the purposes of stare decisis. [Duhaime's
Legal Dict., 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].

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771
Object evidence. Those objects as evidence addressed to the senses of
the court which, when relevant to the fact in issue, may be exhibited
to, examined or viewed by the court. [Sec. 1, Rule 130, RoC]. Also
Real evidence.
Objection. 1. The formal protest made by a party to a suit at a trial to
record his disapproval of a question asked by the opposing counsel.
[Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Such objections to
evidence as are made as soon as the grounds therefor become
reasonably apparent. The grounds for the objection must be specified.
[Sec. 36, Rule 132, RoC]. 3. The process by which one party takes
exception to some statement or procedure. An objection is either
sustained (allowed) or overruled by the judge. [Glossary of Legal Terms
(Pro-Se), 2004].
Objective novation. Also Real novation. Novation through a change
of the object or principal conditions of an existing obligation.
[Cochingyan, Jr. v. R & B Surety and Insurance Co., GR L-47369. June
30, 1987]. Compare with Subjective novation.
Objective phase of felony. The result of the acts of the execution, that
is, the accomplishment of the crime. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 34]. See Subjective phase of felony.
Obligation. 1. Admin. Law. An amount committed to be paid by the
Government for any lawful act made by an authorized officer for and in
behalf of the Government. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. Civ.
Law. A juridical necessity to give, to do or not to do. [Art. 1156, CC].
Obligation. Civ. Law. Classification: (a) Pure and conditional obligations;
(b); obligations with a period; (c) alternative and facultative
obligations; (d) joint and solidary obligations; and (e) obligations with a
penal clause. [Diaz, Bus. Law Rev., 1991 Ed., p. 11].
Obligation. Civ. Law. Elements: (a) The vinculum juris or juridical tie
which is the efficient cause established by the various sources of
obligations (law, contracts, quasi-contracts, delicts and quasi-delicts);
(b) the object which is the prestation or conduct; required to be
observed (to give, to do or not to do); and (c) the subject-persons
who, viewed from the demandability of the obligation, are the active
(obligee) and the passive (obligor) subjects. [Asuncion v. CA, GR
109125. Dec. 2, 1994].

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Obligation or security of the Philippines. All bonds, certificates of
indebtedness, national bank notes, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by or upon authorized
officers of the Philippines, and other representatives of value, of
whatever denomination, which have been or may be issued under any
act of the Congress of the Philippines. [Art. 166, RPC].
Obligations. All financial liabilities of the Corporation which are
evidenced by promissory notes, bonds, debentures, mortgages or any
other form of indebtedness. [Sec. 2, RA 7354].
Obligations with a period. Obligations for whose fulfillment a day
certain has been fixed and shall be demandable only when that day
comes. [Art. 1193, CC].
Obligation with a penal clause. An obligation to which is attached an
accessory undertaking to pay a previously stipulated penalty in case of
breach. [Diaz, Bus. Law Rev., 1991 Ed., p. 31].
Obligatory force or obligatoriness of contracts. 1. The
characteristic of contracts whereby obligations arising therefrom have
the force of law between the contracting parties and should be
complied with in good faith. [Art. 1159, CC]. 2. The rule that contracts
shall be obligatory in whatever form they may have been entered into,
provided all the essential requisites for their validity are present.
Contracts, once perfected, have the force of law between the parties
who are bound to comply therewith in good faith, and neither one may,
without the consent of the other, renege therefrom. [Tiu Peck v. CA,
GR 104404. May 6, 1993].
Obligee. The person who is to receive the benefit of someone else's
obligation; that someone else being the obligor. [Duhaime's Legal Dict.,
2004]. Also called a Creditor.
Obligor. A person who is contractually or legally, committed or obliged,
to providing something to another person; the recipient of the benefit
being called the obligee. [Duhaime's Legal Dict., 2004]. Also known as
the Debtor.
Obscene. That form of immorality which has relation to sexual impurity.
Offensive to chastity and decency; expressing or presenting to the mind

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or view something which delicacy, purity, and decency forbid to be
exposed. [People v. Kottinger, GR 20569. Oct. 29, 1923, citing
Swearingen v. US (1896), 161 US, 448].
Obscene material. Material which deals with sex in a manner appealing
to prurient interest. The portrayal of sex, e.g., in art, literature and
scientific works, is not itself sufficient reason to deny material the
constitutional protection of freedom of speech and press. [Gonzales v.
Kalaw-Katigbak, GR L-69500. July 22, 1985, citing Roth v. US, 354 US
476, 487 (1957)].
Obscene publications and exhibitions. Crim. Law. The felony
committed by the authors of obscene literature, published with their
knowledge in any form; the editors publishing such literature; and the
owners/operators of the establishment selling the same, or those who,
in theaters, fairs, cinematographs or any other place, exhibit, indecent
or immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which: (a) glorify
criminals or condone crimes; (b) serve no other purpose but to satisfy
the market for violence, lust or pornography; (c) offend any race or
religion; (d) tend to abet traffic in and use of prohibited drugs; and (e)
are contrary to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts. [Art. 201, RPC].
Obscenity. 1. Something offensive to chastity; decency, or delicacy.
[People v. Kottinger, GR 20569. Oct. 29, 1923]. 2. A publication which
is illegal because it is morally corruptive. Any lewd material which had
no apparent social value, which was offensive to contemporary
community standards of decency, and even material which tended to
invoke impure sexual thoughts. Any publication a dominant
characteristic of which is the undue exploitation of sex, or of sex and
crime, horror, cruelty or violence. [Duhaime's Legal Dict., 2004].
Obscenity, test of. (a) Whether the average person, applying
contemporary standards' would find the work, taken as a whole,
appeals to the prurient interest; (b) whether the work depicts or
describes, in a patently offensive way, sexual conduct specifically
defined by the applicable state law; and (c) whether the work, taken as
a whole, lacks serious literary, artistic, political, or scientific value. [Pita
v. CA, GR 80806. Oct. 5, 1989, citing Miller v. California, 413 US 15
(1973)].

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Obscuridad. Sp. See Nighttime.
Observed depreciation.
appraisal.
See
Accumulated
depreciation
on
Obsession. Legal Med. A thought and impulse which continually occur in

a persons mind despite all attempts to keep them out. An idea
constantly occurring in the consciousness inspite of efforts to dive them
away from the mind. [Olarte, Legal Med., 1st Ed. (2004), p. 149].
Obsessive compulsive disorder. Legal Med. A disorder characterized
by the presence of recurrent, unwanted, intrusive ideas, images or
impulses that seem silly, weird, nasty, or horrible (obsessions) and an
urge or compulsion to do something that will relieve the discomfort
caused by an obsession. [Olarte, Legal Med., 1st Ed. (2004), p. 137].
Obsolete property. A property which has lost its efficiency either due
to technological advancement, change or procedure, reorganization of a
department or office, or completion of a project. [IRR on Supply &
Obstructing justice. An act which tends to impede or thwart the
administration of justice. Examples include trying to bribe a witness or
judge or providing law enforcement officers with information known to
be false. [Duhaime's Legal Dict., 2004].
Obvious ungratefulness. See Abuse of confidence.
Occipital bone. A bone located at the posterior part of the skull.
Occlusio pupillae. The closure of the opening in the iris of the eye by
formation of an opaque membrane. [Aguja v. GSIS, GR 84846. Aug. 5,
1991].
Occupancy. The purpose for which a building is used or intended to be
used. The term shall also include the building or room housing such
use. Change of occupancy is not intended to include change of tenants
or proprietors. [Sec. 3, BP 220].
Occupant. Any person actually occupying and using a building or
portions thereof by virtue of a lease contract with the owner or

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administrator or by permission or sufferance of the latter. [Sec. 3, PD
1185].
Occupation. Labor. The collection of jobs which is sufficiently similar
with regard to their main task to be grouped together under a common
title. [Sec. 1, Rule 1, Book 2, IRR of LC].
Occupation. Property. 1. Seizure of a corporeal thing, without an
owner, with the intention to acquire ownership in accordance with law.
2. A mode of acquiring ownership by the apprehension of a corporeal
thing which has no owner, by a person having capacity for the purpose,
with intent to appropriate it as his, and according to the rule
established by law. It is the taking of possession which by itself confers
ownership. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
489, citing 3 Sanchez Roman 210].
Occupational disease. A disease which develops as a result of hazards
peculiar to certain occupations, due to toxic substances (as in the
organic solvents industry), radiation (as in television repairmen),
repeated mechanical injury, emotional strain, etc. [Meez v. ECC, GR
L-48488. Apr. 25, 1980, citing Schmidt's Attorneys' Dict. of Medicine, p.
561].
Occupational group. A group of classes of positions in the same
occupation or occupational area arranged by level of difficulty and
responsibility. [Sec. 3, PD 985].
Occupational therapist. A legally qualified person licensed to practice
occupational therapy under this Act and who by accepted academic
training and professional clinical experience possesses the knowledge
and skills to achieve the objectives as defined and set by the
occupational therapy profession. The occupational therapist functions
through the use of the basic methods, approaches and procedures of
occupational
therapy
(creative,
manipulative,
educational,
pre-vocational evaluation and self-care activities) which are designed to
assess and develop the actual and potential abilities of the individual.
[Sec. 2, RA 5680].
Occupational therapy. A paramedical discipline concerned with the
administration of medically prescribed treatment, in the form of
supervised activity, to persons disabled by disease or injury. The
objective of occupational therapy is to contribute to the development of

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the disabled person's independence, to improve his emotional, social,
and physical well-being and his ability to care for himself both at home
and on the job, and to begin early evaluations and experimentation for
future job training and employment. [Sec. 2, RA 5680].
Occupational therapy technician or assistant. A person who, not
having acquired a bachelor's degree in occupational therapy, is
qualified, as determined by a bona fide national professional association
of occupational therapists in the Philippines through in-service training
and practical experience, to function as an assistant to and under the
direct supervision of an occupational therapist to assist in rehabilitating
patients in hospitals and similar institutions. [Sec. 2, RA 5680].
Occupation of real property of usurpation of real rights in
property. Crim. Law. The felony committed by any person who, by
means of violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real rights in
property belonging to another, in addition to the penalty incurred for
the acts of violence executed by him. [Art. 312, RPC].
Occupation tax. A tax imposed on a person engaged in the exercise or
practice of his profession or calling, under Sec. 12, Local Tax Code (PD
231), as amended. [Morenos Law Dict., 2000 Ed., p. 319].
Occupy. To take possession of. [Morenos Law Dict., 2000 Ed., p. 319].
Ocean waters. All marine waters other than the territorial sea and
inland waters of the Philippines and other states. [Sec. 3, PD 600].
Ocular inspection. 1. An inspection by means of actual sight or
viewing. [Southeastern Coll. v. CA, GR 126389. July 10, 1998, citing
Webster's 3rd New Intl. Dict., 1971 Ed.; Moreno, Phil. Law Dict., 2nd
Ed.]. 2. Inspection of the establishment or premise involved to help the
court in clearing a doubt, reaching a conclusion, or finding the truth.
But it is not the main trial nor should it exclude the presentation of
other evidence which the parties may deem necessary to establish their
case. It is merely an auxiliary remedy which the law affords the parties
or the court to reach an enlightened determination of the case. [Phil.
Movie Pictures Workers' Assoc. v. Premiere Prods., Inc., GR L-5621.
Mar. 25, 1953].

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Of counsel. A phrase commonly applied to counsel employed to assist in
the preparation or management of the case, or its presentation on
appeal, but who is not the principal attorney for the party. [Jurists
Legal Dict., 2004].
Offended party. The person against whom or against whose property,
the offense was committed. [Sec. 12, Rule 110, RoC].
Offending the religious feelings. Crim. Law. The felony committed by
anyone who, in a place devoted to religious worship or during the
celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful. [Art. 133, RPC].
Offense. A crime. Any act which contravenes the criminal law of the
state in which it occurs. [Duhaime's Legal Dict., 2004].
Offensive trades or occupations. Any of the following trades or
occupations: (a) Soap boiling; (b) guts cleaning; (c) boiling of offal,
bones, fat or lard; (Permissible if process is performed in a public
slaughterhouse under prescribed regulations); (d) manufacturing of
glue or fertilizer; (e) skin curing; (f) scrap processing; (g) manure
storing; (h) lime burning; (i) lye making; and (j) any manufacturing
process in which lead, arsenic, mercury, phosphorous, or other
poisonous substance is used. [Sec. 84, PD 856].
Offer. 1. A proposal to enter into a contract. [Rosenstock v. Burke, 46
Phil. 217]. 2. A proposal involving one or more items in a tender. [IRR
on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. An explicit proposal to
contract which, if accepted, completes the contract and binds both the
person that made the offer and the person accepting the offer to the
terms of the contract. [Duhaime's Legal Dict., 2004]. See also
Acceptance.
Offering false testimony in evidence. Crim. Law. The felony
committed by any person who shall knowingly offer in evidence a false
witness or testimony in any judicial or official proceeding, shall be
punished as guilty of false testimony. [Art. 184, RPC].
Offer of compromise. Evid. A proposal which is tentative and any
statement made in connection with it which is hypothetical, the purpose
being to buy peace and in contemplation of mutual concessions.

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Ordinary admission.
Offer of evidence. The statement made by counsel as to what he
expects to prove through the witness. [People v. Yap, GR 103517. Feb.
9, 1994]. Compare with Presentation of evidence.
Offer of proof. A disclosure of the evidence the offering party wishes to
introduce in the face of rejection to the admission of said evidence. It is
a better practice to attach to the record the exhibits which have been
rejected. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 342].
Offer to compromise. It does not, in legal contemplation, involve an
admission on the part of a defendant that he is legally liable, not on the
part of a plaintiff that his claim or demand is groundless or even
doubtful, since the compromise is arrived at precisely with a view to
avoiding further controversy and saving the expenses of litigation.
[Smith Bell and Co. (Phils.), Inc. GR 56294. May 20, 1991].
Office. 1. Within the framework of governmental organization, any major
functional unit of a department or bureau including regional offices. It
may also refer to any position held or occupied by individual persons,
whose functions are defined by law or regulation. [Sec. 2(9), Rev.
Admin. Code of 1987]. 2. A public charge or employment, an
employment on behalf of the government in any station or public trust,
not merely transient, occasional or incidental. [Tejada v. Domingo, GR
91860. Jan. 13, 1992, citing Black's Law Dict., 5th Ed., 976].
Officer. As distinguished from "clerk" or "employee", a person whose
duties, not being of a clerical or manual nature, involves the exercise of
discretion in the performance of the functions of the government. When
used with reference to a person having authority to do a particular act
or perform a particular function in the exercise of governmental power,
"officer" includes any government employee, agent or body having
authority to do the act or exercise that function. [Sec. 2, Admin. Code
of 1987].
Officer ad interim. One appointed to fill a vacancy, or to discharge the
duties of the office during the absence or temporary incapacity of its
regular incumbent [PLM v. IAC, GR L-65439. Nov. 13, 1985, citing
Black's Law Dict., Rev. 4th Ed., 1978].

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Officer breaking seal. Any public officer charged with the custody of
papers or property sealed by proper authority, who shall break the
seals or permit them to be broken. [Art. 227, RPC].
Officer-in-charge. A person designated to an office in a temporary
capacity. The designee holds no fixed tenure and may be removed or
replaced at will by the appointing authority, with or without cause, and
without need of notice or any form of hearing. [Morenos Law Dict.,
2000 Ed., p. 320].
Official. As an adjective, it means derived from the proper office or
officer; authoritative. [Morenos Law Dict., 2000 Ed., p. 320].
Official document. Any instrument issued by the government or its
agents or its officers having the authority to do so and the offices,
which in accordance with their creation, they are authorized to issue.
[Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 450, citing II
Pacheco, pp. 295-296].
Official information. The statement made - on entries in official
records - by the person who not only must have personal knowledge of
the facts stated but must have the duty to give such statement for the
record. [Claridades, A., Compilation of Notes, 2001-2006].
Official integrity. This includes not only soundness of moral principle
and character but also connotes strictness or fidelity in the discharge of
the trust reposed, like obedience to the laws, legal orders and decrees
promulgated by the duly constituted authorities. [Dizon v. Dollete, GR
L-19838. June 30, 1964].
Official residences. Malacaang, and other government-owned
structures where the President resides, and other structures occupied
by the Philippine Consulate or Embassies abroad. [Sec. 3, RA 8491].
Officious manager. See Negotiorum gestor.
Offshore. 1. The water, sea bottom, and subsurface from the shore or
coastline reckoned from the mean low tide level up to the two hundred
nautical miles (200 n. m.) exclusive economic zone including the
archipelagic sea and contiguous zone. [Sec. 3, RA 7942]. 2. An area
situated off the shore within a zone generally considered to extend to

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three miles. [De Castro v. Marcos, GR L-26093. Jan. 27, 1969, citing
Webster's 3rd New Intl. Dict., 1964 Ed., p. 1568].
Offshore banking. The conduct of banking transactions in foreign
currencies involving the receipt of funds from external sources and the
utilization of such funds as provided in this Decree. [Sec. 1, PD 1034].
Offshore banking unit. A branch, subsidiary or affiliate of a foreign
banking corporation which is duly authorized by the Central Bank of the
Philippines to transact offshore banking business in the Philippines.
[Sec. 1, PD 1034].
Oil. Oil of any kind or in any form including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other
than dredge spoil. [Sec. 3, PD 979; Sec. 3, PD 600].
Okinam. Ilok. Vulva of your mother. [People v. Balanag, GR 103225.
Sep. 15, 1994].
OMB. The Optical Media Board. [Sec. 3, RA 9239].
Ombudsman. The official mandated by law to receive and investigate
complaints
relative
to
public
office,
including
those
in
government-owned or controlled corporations, make appropriate
recommendations, and in case of failure of justice as defined by law,
file and prosecute the corresponding criminal, civil or administrative
case before the proper court or body. [Claridades, A., Compilation of
Notes, 2001-2006].
Ombudsman Act of 1989, The. RA 6770 entitled An Act providing for
the functional and structural organization of the Office of the
Ombudsman, and for other purposes enacted on Nov. 17, 1989.
Omne quod solo inadeficatur solo cedit. Lat. Everything that is built
on the soil yields to the soil. [Roque v. Lapuz, GR L-32811. Mar. 31,
1980].
Omnia praesumuntur rite et solemniter esse acta. Lat. All things
are presumed to be correctly and solemnly done. [Farolan v. Solmac
Marketing Corp., GR 83589. Mar. 13, 1991].

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Omnibus bill. A draft law before a legislature which contains more than
one substantive matter, or several minor matters which have been
combined into one bill, ostensibly for the sake of convenience.
Omnibus Election Code of the Philippines. BP 881 entitled Omnibus
Election Code of the Philippines enacted on Dec. 3, 1985.
Omnibus Investment Code of 1987, The. EO 226 signed into law on
July 16, 1987.
Omnibus motion. A motion attacking a pleading, order, judgment, or
proceeding which includes all objections then available, and all
objections not so included are deemed waived. [Sec. 8, Rule 15, RoC].
On a person's own recognizance. Release of a person from custody
without the payment of any bail or posting of bond, upon the promise
to return to court. [Glossary of Legal Terms (Pro-Se), 2004].
On-arm irrigation facilities. Composite facilities that permit entry of
water to paddy areas and consist of farm ditches and turnouts. [Sec. 4,
RA 8435]. [Sec. 4, RA 8435].
On board bill of lading. One in which it is stated that the goods have
been received on board the vessel which is to carry the goods, whereas
a received for shipment bill of lading is one in which it is stated that the
goods have been received for shipment with or without specifying the
vessel by which the goods are to be shipped. An on board bill of lading
is issued when the goods have been actually placed aboard the ship
with every reasonable expectation that the shipment is as good as on
its way. [Magellan v. CA, GR 95529. Aug. 22, 1991]. Compare with
Received for shipment bill of lading.
On call status. A condition when public health workers are called upon
to respond to urgent or immediate need for health/medical assistance
or relief work during emergencies such that he/shall cannot devote the
time for his/her own use. [Sec. 15, RA 7305].
Onerous contract. A contract in where the cause for each contracting
party is the prestation or promise of a thing or service by the other.
[Art. 1350, CC].

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Onerous donation. One which is subject to burdens, charges or future
services equal (or more) in value than that of the thing donated. [De
Luna v. Abrigo, GR 57455. Jan. 18, 1990, citing Paras, Civil Code of the
Phil. Annotated, 11 Ed., 726]. Compare with Simple donation or
Remuneratory donation.
One-subject, one-title rule. The Constitutional provision that requires
that every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof. [Sec. 26. (1), Art. VI, 1987
Phil. Const.].
One-subject, one-title rule. Purposes: (a) To prevent Hodge-podge or
Log-rolling legislation; (b) to prevent surprise or fraud upon the
legislature by means of provisions in bills of which the title gives no
intimation, and which might therefore be overlooked and carelessly and
unintentionally adopted; and (c) to fairly apprise the people, through
such publication of legislative proceedings as is usually made, of the
subject of legislation that is being considered, in order that they may
have opportunity of being heard thereon, by petition or otherwise, if
they shall so desire. [Phil. Judges Assoc. v. Prado, GR 105371. Nov. 11,
1993, citing Cooley, Constl. Limitations, 8th Ed., pp. 295-296].
One-year bar rule. Labor. The rule that certification election may not
be held within one year from the date of issuance of a final certification
election result. [Poquiz, Labor Rel. Law, 1999 Ed. p. 203].
On occasion. The phrase signifies because or by reason of the past
performance of official duties, even if at the very time of the assault no
official duty was being discharged. [Morenos Law Dict., 2000 Ed., p.
320].
On or about. A phrase used in reciting the date of an occurrence or
conveyance, or the location of it to escape the necessity of being bound
by the statement of an exact date or place. Approximately; about;
without substantial variance from; near. [Morenos Law Dict., 2000 Ed.,
p. 320].
Onshore. The landward side from the mean tide elevation, including
submerged lands in lakes, rivers and creeks. [Sec. 3, RA 7942].
On-site development. The process of upgrading and rehabilitation of
blighted slum urban areas with a view of minimizing displacement of

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dwellers in said areas, and with provisions for basic services. [Sec. 3,
RA 7279].
On the job training. The practical work experience through actual
participation in productive activities given to or acquired by an
apprentice. [Sec. 2, Rule 6, Book 3, IRR of LC].
Onus. Lat. The burden. It is usually used in the context of evidence. The
onus of proof in criminal cases lies with the state. It is the state that
has the burden of proving beyond reasonable doubt. In civil cases, the
onus of proof lies with the plaintiff who must prove his case by balance
of probabilities. [Duhaime's Legal Dict., 2004].
Onus probandi. Lat. Burden of proof. [Ramcar Inc. v. Garcia, GR
L-16997. Apr. 25, 1962].
Onward shifting. The shifting of the tax two or more times either
forward or backward. [De Leon, Fundamentals of Taxation, 2000 Ed.,
p. 56].
Open access. The provision of allowing any qualified user the use of
transmission, and/or distribution system and associated facilities
subject to the payment of transmission and/or distribution retail
wheeling rates duly approved by the Energy Regulation Commission
(ERC). [Sec. 4, RA 9136].
Open corporation. A corporation which is open to any person who may
wish to become a stockholder or member thereto. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Close
corporation.
Open disobedience. Crim. Law. The felony committed by any judicial
or executive officer who shall openly refuse to execute the judgment,
decision or order of any superior authority made within the scope of the
jurisdiction of the latter and issued with all the legal formalities. [Art.
231, RPC].
Open-end company. An investment company which is offering for sale
or has outstanding any redeemable security of which it is the issuer.
[Sec. 5, RA 2629]. See Closed-end company.

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Open-end-credit plan. A consumer credit extended on an account
pursuant to a plan under which: 1) the creditor may permit the person
to make purchase or obtain loans, from time to time, directly from the
creditor or indirectly by use of credit card, or other service; 2) the
person has the privilege of paying the balance; or 3) a finance charge
may be computed by the creditor from time to time on an unpaid
balance. [Sec. 3, RA 8484; Art. 4, RA 7394].
Open-ended agreement. An agreement or contract which does not
have an ending date but which will continue for as long as certain
conditions, identified in the agreement, exist. [Duhaime's Legal Dict.,
2004].
Opening bank. The bank, usually the buyer's bank, which actually
issues the letter of credit. [Bank of America, NT & SA v. CA, GR
105395. Dec. 10, 1993]. Also known as the Issuing bank.
Opening of closed documents. Crim. Law. The felony committed by
any public officer not included in the provisions Art. 227 of the Rev.
Penal Code who, without proper authority, shall open or shall permit to
be opened any closed papers, documents or objects entrusted to his
custody. [Art. 228, RPC].
Opening statement. The initial statement made by attorneys for each
side, outlining the facts each intends to establish during the trial.
Open policy. Ins. A policy of insurance in which the value of the thing
insured is not agreed upon, but is left to be ascertained in case of loss.
[Sec. 60, IC]. Compare with Valued policy.
Open possession. When possession is patent, visible, apparent,
notorious and not clandestine. [Dir. of Lands v. IAC, GR 68946. May 22,
Open space. Areas allocated for the following purposes: circulation,
community facilities, park or playground, easements, and courts. [Sec.
3, BP 220].
Open ticket. A ticket on board a ship whereby the passenger has not
been assigned to any particular berth space. [Bank of America v. CA,
GR 105395. Dec. 10, 1993].

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Operate. To perform work or labor; to work. [Morenos Law Dict., 2000
Ed., p. 321].
Operating lease. A contract under which the asset is not wholly
amortized during the primary period of the lease, and where the lessor
does not rely solely on the rentals during the primary period for his
profits, but looks for the recovery of the balance of his costs and for
the rest of his profits from the sale or release of the returned asset at
the end of the primary lease period. [Beltran v. PAIC Finance Corp., GR
83113. May 19, 1992, citing Rev. Reg. 19-86, Promulgated by the DOF
on 1 Jan. 1987].
Operation. A doing or performing action; work. [Morenos Law Dict.,
2000 Ed., p. 321].
Operative fact doctrine. 1. The doctrine (which holds) that in
declaring a law or rule null and void, undue harshness and resulting
unfairness must be avoided. [Union Of Filipro Employees v. Vivar, GR
79255. Jan. 20, 1992]. 2. The doctrine holding that the actual existence
of a statute, prior to such a determination [of unconstitutionality], is an
operative fact and may have consequences which cannot justly be
ignored. The past cannot always be erased by a new judicial
declaration. The effect of the subsequent ruling as to invalidity may
have to be considered in various aspects, with respect to particular
relations, individual and corporate, and particular conduct private and
official. [Serrano De Agbayani v. PNB, GR L-23127. Apr. 29, 1971]. See
Chicot doctrine.
Operator. 1. Local Govt. Code. The owner, manager, administrator, or
any other person who operates or is responsible for the operation of a
business establishment or undertaking. [Sec. 131, RA 7160]. 2.
Anti-Gambling Law. See Maintainer. [Sec. 2, RA 9287].
Opinio juris sive necessitatis. Lat. Of the opinion that it is a necessary
law. Maxim that an observing state must perceive a customary practice
as one that it is obligated by international law to observe. [Intl. Law
Opinion. 1. The informal expression of the views of the court (which)
cannot prevail against its final order or decision. (It) forms no part of
the judgment. [Dayrit v. CA, GR L-29388. Dec. 28, 1970]. 2. A judge's

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written explanation of a decision of the court or of a majority of judges.
A dissenting opinion disagrees with the majority opinion because of the
reasoning and/or the principles of law on which the decision is based. A
concurring opinion agrees with the decision of the court but offers
further comment. (A per curiam opinion is an unsigned opinion of the
court.). [Glossary of Legal Terms (Pro-Se), 2004].
Opinion rule. Evid. The general rule that the opinion of a witness is not
admissible, except as indicated in Secs. 49 and 50 of Rule 130 of the
Rules of Court. [Sec. 48, Rule 130, RoC].
Opium. 1. The coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters
as an ingredient; opium poppy; opium poppy straw; and leaves or
wrappings of opium leaves, whether prepared for use or not. [Sec 3,
RA 9165]. 2. It embraces every kind, class, and character of opium,
whether crude or prepared; the ashes on refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium,
preparation in which opium, morphine or any kind of opium, enter as
an ingredient, and also opium leaves or wrappings of opium leaves,
whether prepared or not for their use. [Art. 190, RPC].
Opium poppy. Any part of the plant of the species Papaver somniferum
L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and
Papaver rhoeas, which includes the seeds, straws, branches, leaves or
any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes. [Sec 3, RA 9165].
Oppression. 1. The misdemeanor committed by a public officer who,
under color of his office, wrongfully inflicts upon any person any bodily
harm, imprisonment or any other injury, or an act of subjecting another
to cruel and unjust hardship. [Buta v. Relampagos, GR 116798. Sept.
16, 1997, citing Black's Law Dict., 6th Ed., p. 1093]. 2. An act of
cruelty, severity, unlawful exaction, domination or excessive use of
authority. [Ochate v. Ty Deling, L- 13298, Mar. 30, 1959, 105 Phil. 384,
390].

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Oppressive. Unreasonably burdensome; unjustly severe, rigorous or
harsh; overpowering or depressing to the spirit or senses. [Morenos
Law Dict., 2000 Ed., p. 325].
Optical media. A storage medium or device in which information,
including sounds and/or images, or software code, has been stored,
either by mastering and/or replication, which may be accessed and
read using a lens scanning mechanism employing a high intensity light
source such as a laser or any such other means as may be developed in
the future. [Sec. 3, RA 9239].
Optima statuli interpretatix est ipsum statutum. Lat. The best
interpreter of the statute is the statute itself. [Claridades, A.,
Option. 1. A contract granting a person the privilege to buy or not to
buy certain objects at any time within the agreed period at a fixed
price. [Paras, Civil Code of the Phil. Annotated, 1978 Ed., Vol. IV, p.
448]. 2. As used in the law on sales, it is a continuing offer or contract
by which the owner stipulates with another that the latter shall have
the right to buy the property at a fixed price within a certain time, or
under, or in compliance with, certain terms and conditions, or which
gives to the owner of the property the right to sell or demand a sale. It
is also sometimes called an unaccepted offer. [Adelfa Properties v. CA,
GR 111238. Jan. 25, 1995 ].
Optional clause jurisdiction. Intl. Law. A unilateral grant of
jurisdiction by a state to the International Court of Justice that allows
the Court to resolve disputes involving that state. [Intl. Law Dict. &
Direct., 2004].
Optional contract. A contract by virtue of the terms of which the
parties thereto promise and obligate themselves to enter into another
contract at a future time, upon the happening of certain events or the
fulfillment of certain conditions. [Morenos Law Dict., 2000 Ed., p. 322].
Option money. The consideration for the option period. It is separate
and distinct from the purchase price. Where option money is given, it is
proof of the perfection of the option contract. [Diaz, Bus. Law Rev.,
1991 Ed., p. 66].

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Option to purchase. A unilateral contract whereby the owner agrees
with the holder of the option that the latter has a right to buy the
property according to the terms and conditions of the contract,
constituting merely the right to an election, the holder of which is not
bound to complete the sale. [Morenos Law Dict., 2000 Ed., p. 322].
Option to rebuild clause. Ins. A clause giving the insurer the option to
reinstate or replace the property damaged or destroyed or any part
thereof, instead of paying the amount of the loss or the damage.
Option warrant. Corp. Law. A stock which gives the holder the right to
subscribe for or purchase shares of the issuing corporation, such as
common shares, at a stipulated price or prices per share usually within
a limited time. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Optometrist. A person who has been certified by the Board of
Optometry and registered with the Professional Regulation Commission
(PRC) as being qualified to practice optometry in the Philippines. [Sec.
3, RA 8050].
Optometry. The science and art of examining the human eye, analyzing
the ocular function, prescribing and dispensing ophthalmic lenses,
prisms, contact lenses and their accessories and solutions, low vision
aids, and similar appliances and devices, conducting ocular exercises,
vision training, orthoptics, installing prosthetics, using authorized
diagnostic pharmaceutical agents (DPA), and other preventive or
corrective measures or procedures for the aid, correction, rehabilitation
or relief of the human eye, or to attain maximum vision and comfort.
[Sec. 3, RA 8050].
Or. The term has, oftentimes, been held to mean "and," or vice-versa,
when the spirit or context of the law warrants it. [Gonzales v. Comelec,
GR L-28196. Nov. 9, 1967, citing 50 Am. Jur. 267-268].
Oral argument. Presentation of a case before a court by spoken
argument; usually with respect to a presentation of a case to an
appellate court where a time limit might be set for oral argument.
Oral defamation. Also Slander. The speaking of base and defamatory
words which tend to prejudice another in his reputation, office, trade,

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business or means of livelihood [Victorio v. CA, GR 32836-37. May 31,
1989, citing 33 Am. Jur. 39].
Oralism. Legal Med. The use of the mouth as a way of sexual
gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 115].
Order. 1. A formal written direction given by a member of the judiciary.
A court decision without reasons. [Duhaime's Legal Dict., 2004]. 2. A
mandate, command, or direction authoritatively given. Direction of a
court or judge made in writing. [Glossary of Legal Terms (Pro-Se),
2004].
Order of a court. A formal direction of a court of competent jurisdiction
requiring that a certain act be performed or restrained. [Torres, Oblig.
& Cont., 2000 Ed., p. 353].
Order of default, effect of. A party in default shall be entitled to notice
of subsequent proceedings but not to take part in the trial. [Sec. 3(a),
Rule 9, RoC].
Order of default, relief from. A party declared in default may at any
time after notice thereof and before judgment file a motion under oath
to set aside the order of default upon proper showing that his failure to
answer was due to fraud, accident, mistake or excusable negligence
and that he has a meritorious defense. In such case, the order of
default may be set aside on such terms and conditions as the judge
may impose in the interest of justice. [Sec. 3(b), Rule 9, RoC].
Ordinance. Local Govt. 1. Legislative acts passed by the municipal
council in the exercise of its lawmaking authority. [Mascuana v. Prov.
Board of Negros Occ., GR L-27013. Oct. 18, 1977, citing Sec. 2227,
Rev. Admin. Code]. 2. A rule established by authority; may be a
municipal statute of a city council, regulating such matters as zoning,
building, safety, matters of municipality, etc. [Glossary of Legal Terms
(Pro-Se), 2004]. Compare with Resolution.
Ordinance. Local Govt. Requisites for validity: A municipal ordinance (a)
must not contravene the Constitution or any statute (b) must not be
unfair or oppressive (c) must not be partial or discriminatory (d) must
not prohibit but may regulate trade (e) must be general and consistent
with public policy, and (f) must not be unreasonable. [Tatel v. Mun. of
Virac, GR L-40243. Mar. 11, 1992].

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Ordinary acquisitive prescription. 1. This requires possession of
things in good faith and with just title during the time fixed by law. The
good faith of the possessor consists in the reasonable belief that the
person from whom he received the thing was the owner thereof and
could transmit his ownership. For the purpose of prescription, there is
just title when the adverse claimant came into possession of the
property through one of the modes recognized by law for the
acquisition of ownership or other real rights, but the grantor was not
the owner or could not transmit any right. It is well-settled that
possession, to constitute the foundation of a prescriptive right, must be
adverse and under a claim of title. Possession by license or mere
tolerance does not give rise to acquisitive prescription. [Sapu-an v. CA,
GR 91869. Oct. 19, 1992; Art. 1134, CC]. 2. Ordinary acquisitive
prescription of dominion requires that there be public, peaceful and
uninterrupted possession in the concept of owner for a period of ten
(10) years. [Borillo v. CA, GR 55691. May 21, 1992].
Ordinary admission. Evid. An admission the intention of which is
apparently to admit liability and seek to buy or secure relief against a
liability recognized as such. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Offer of compromise.
Ordinary care. Such care as an ordinary prudent person would exercise
under a particular case to avoid injury. [Morenos Law Dict., 2000 Ed.,
p. 324].
Ordinary civil action, basis of. Every ordinary civil action must be
based on a cause of action. [Sec. 1, Rule 2, RoC].
Ordinary coral. All kinds of coral other than precious and semi-precious
corals. [Sec. 3, PD 1219].
Ordinary expenses. Taxation. It connotes a payment which is normal
in relation to the business of the taxpayer and the surrounding
circumstances. [Martens, Law of Federal, Income Taxation, Vol. IV, p.
316]. The term Ordinary does not require that the payments be
habitual or normal in the sense that the same taxpayer will have to
make them often; the payment may be unique or non-recurring to the
particular taxpayer affected. [Atlas Consolidated Mining & Devt. Corp.
v. Comm. of Int. Rev., GR L-26911. Jan. 27, 1981]. Compare with
Necessary expenses.

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Ordinary income. Any gain from the sale or exchange of property
which is not a capital asset or property. [Sec. 22 NIRC, as amended].
Ordinary jurisdiction. Jurisdiction attached by law to an office. [Roman
Catholic Apostolic Administrator of Davao, Inc. v. Land Registration
Commission, GR L-8451. Dec. 20, 1957]. Compare with Delegated
jurisdiction.
Ordinary legislative power. Pol. Law. The power to pass ordinary
laws. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 284].
Ordinary loss. Any loss from the sale or exchange of property which is
not a capital asset. [Sec. 22 NIRC, as amended].
Ordinary purchaser. A purchaser accustomed to buy, and therefore to
some extent familiar with, the goods in question. [Dy Buncio v. Tan
Tiao Bok, 42 Phil. 190 (1921)].
Ordinary repairs. Such repairs as are required by the wear and tear
due to the natural use of the thing and are indispensable for its
preservation. Should the usufructuary fail to make them after demand
by the owner, the latter may make them at the expense of the
usufructuary. [Art. 592, CC].
Ordinary will. Also Attested will. A will the execution of which is
governed by Arts. 804 to 809 of the Civil Code. [Caneda v. CA, GR
103554. May 28, 1993].
Ore. A naturally occurring substance or material from which a mineral or
element can be mined and/or processed for profit. [Sec. 3, RA 7942].
Ore transport permit. The permit specifying the origin and quantity of
non-processed mineral ores or minerals which shall be required for their
transport. Transport permits shall be issued by the mines regional
director who has jurisdiction over the area where the ores were
extracted. [Sec. 53, RA 7942].
Organ. From Gr. organon: tool or instrument. An agency that carries on
specific functions within a larger organization. [Intl. Law Dict. & Direct.,
2004].

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Organ bank storage facility. A facility licensed, accredited or approved
under the law for storage of human bodies or parts thereof. [Sec. 2, RA
7170].
Organ Donation Act of 1991. RA 7170 entitled An Act authorizing the
legacy or donation of all or part of a human body after death for
specified purposes enacted on Jan. 7, 1992.
Organic peroxide. A strong oxidizing organic compound which releases
oxygen readily. it causes fire when in contact with combustible
materials especially under conditions of high temperature. [Sec. 3, PD
1185].
Organized establishment. A firm or company where there is a
recognized or certified exclusive bargaining agent. [Sec. 1, Rule 1, Book
5, IRR of LC].
Organized or syndicated crime. Any crime committed by an
organized/syndicated crime group, including, but not limited to, arson,
robbery (hold-up), kidnapping for ransom, prostitution, illegal
recruitment, carnapping, smuggling and piracy, cattle rustling, illicit
drug trafficking, labor rackets, land title rackets, manufacture and/or
circulation of fake documents, license, stamps, currencies, and other
government forms, counterfeiting and bank frauds, consumer frauds
and other illegal activities of such groups. [Sec. 1, PD 1731].
Organized or syndicated crime group. 1. A group of two (2) or more
persons collaborating, confederating or mutually helping one another in
the commission of any organized/syndicated crime. [Sec. 1, PD 1731].
2. A group of two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the commission of
any crime. [People v. Esparas, GR 120034. July 10, 1998, citing Sec. 23
of RA 7659].
Orgasm. Legal Med. The peak or climax of sexual excitement. In men,
semen ejaculates from the penis and in women, the muscles
surrounding the vagina contracts rhythmically. At orgasm, both men
and women experience increased muscle turgor throughout the body
and contractions of the pelvic muscles that peak to a most pleasurable
mental and physical gratification. [Olarte, Legal Med., 1st Ed. (2004), p.
112].

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Original cost. For newly acquired machinery not yet depreciated and
appraised within the year of its purchase, the actual cost of the
machinery to its present owner (plus the cost of transportation,
handling and installation at the present site). [Sec. 3, PD 464].
Originality. Creative effort invested by an author into raw materials that
gives them a new quality or character. [Intl. Law Dict. & Direct., 2004].
Original jurisdiction. 1. The power of the Court to take judicial
cognizance of a case instituted for judicial action for the first time under
conditions provided by law. [Garcia v. De Jesus, GR 88158. Mar. 4,
1992, citing Rem. Law Compendium, Regalado, 5th Rev. Ed., Vol. 1, p.
3]. 2. Jurisdiction to take cognizance of a cause at its inception, try it
and pass judgment upon the law and facts. [Ong v. Parel, GR 76710.
Dec. 21, 1987, citing Black's Law Dict., pp. 673 and 1251]. Compare
with Appellate jurisdiction.
Original legislative power. 1. Power possessed by the sovereign
people. [Garcia v. Comelec, GR 111230. Sep. 30, 1994]. 2. Power
belonging to the sovereign people which is supreme. [Suarez, Stat.
Con., (1993), p. 52]. Compare with Derivative legislative power.
Original sale. The first sale by every manufacturer, producer or
importer. [Sec, 5, CA 503].
Originate. To come into being; begin; to start. [Tolentino v. Sec. of
Finance, GR 115455. Aug. 25, 1994].
Originator. 1. The person or entity which was the original obligee of the
assets, such as financial institution that grants a loan or a corporation
in the books of which the Assets were created in accordance with the
plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. 2. A
person by whom, or on whose behalf, the electronic document purports
to have been created, generated and/or sent. The term does not
include a person acting as an intermediary with respect to that
electronic document. [Sec. 5, RA 8792].
Origin of the property. In reserva troncal, the person - who should be
an ascendant, brother or sister - from whom the descendant-propositus
acquired the property. [Jurado, Comments & Jurisp. on Succession,
1991 8th Ed., p. 255].

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Orphan. A person who has lost one or both of his natural parents.
Ostensible authority doctrine. Also known as Apparent authority
doctrine. If a corporation knowingly permits one of its officers, or any
other agent, to do acts within the scope of an apparent authority, and
thus holds him out to the public as possessing power to do those acts,
the corporation will, as against any one who has in good faith dealt
with the corporation through such agent, be estopped from denying his
authority [Francisco v. GSIS, 7 SCRA 577, 583-584; PNB v. CA, 94
SCRA 357, 369-370; Prudential Bank v. CA, GR 103957, June 14, 1993].
Osteoarthritis. A disease characterized by thinning or degeneration of
cartilage and of bone in some parts of the joint. It is a part of the
ageing process of the people afflicted with it. [Morenos Law Dict., 2000
Ed., p. 325].
Other purposes. The phrase appended to the title of a law referring to
such purposes as are merely subordinate to and cognate with the
general subject therein expressed. [Morenos Law Dict., 2000 Ed., p.
326].
Ought. A verb synonymous to the auxiliary verb should. [Morenos Law
Dict., 2000 Ed., p. 325].
Ounce. Troy ounce which is one-twelfth part of a pound of five thousand
seven hundred sixty grains, or four hundred eighty grains of 31.1035
grams. [Sec. 1, RA 6364].
Outer space. Intl. Law. 1. Considered as res communes, the rules
governing the high seas apply to it. States have the right to launch
satellites in orbit over the territorial airspace of other state. [Sandoval,
Pol. Law Reviewer 2003]. 2. The universe and its celestial bodies above
and beyond the earth's atmosphere. [Intl. Law Dict. & Direct., 2004].
Outer space treaty. Intl. Law. 1. The outer space is free for exploration
and use by all states; it cannot be annexed by any state; and it may be
used exclusively for peaceful purposes. Thus, nuclear weapons of mass
destruction may not be placed in orbit around the earth. [Sandoval, Pol.
Law Reviewer 2003]. 2. Treaty on principles governing the activities of
states in the exploration and use of outer space including the moon and
other celestial bodies. [Intl. Law Dict. & Direct., 2004].

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Out-of-court identification. Identification conducted by the police in
various ways. It is done thru show-ups where the suspect alone is
brought face to face with the witness for identification. It is done thru
mug shots where photographs are shown to the witness to identify the
suspect. It is also done thru line-ups where a witness identifies the
suspect from a group of persons lined up for the purpose. [People v.
Teehankee, GR 111206-08. Oct. 6, 1995].
Out-of-court settlement. An agreement between two litigants to settle
a matter privately before the Court has rendered its decision.
Output tax. The value-added tax due on the sale or lease of taxable
goods or properties or services by any person registered or required to
register under Sec. 236 of the National Internal Revenue Code. [Sec.
110, NIRC, as amended].
Outside - of - the - freedom - period rule. Labor. The rule that a
petition filed before or after the sixty-day freedom period shall be
dismissed outright. [Liberty Commercial Center, Inc. v. Calleja, GR
81269. July 19, 1989].
Outstanding capital stock. Corp. Law. 1. The portion of the capital
stock which is issued and held by persons other than the corporation
itself. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. 2.
The total shares of stock issued to subscribers or stockholders, whether
or not fully or partially paid (as long as there is a binding subscription
agreement), except treasury shares. [Sec. 137, Corp. Code]. Also
Issued capital stock.
Overdraft. The act of checking out more money than one has on
deposit in a bank, and it may be either a legitimate method of
borrowing the money or an illegitimate and criminal method of
obtaining it through the connivance of the person from whom it is
obtained. [Morenos Law Dict., 2000 Ed., p. 326].
Overhauling. The cleaning or repairing of the whole engine of a motor
vehicle by separating the motor engine and its parts from the body of
the motor vehicle. [Sec. 2, RA 6539].

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Over-insurance. Ins. It results when the insured insures the same
property for an amount greater than the value of the property with the
same insurance company. [Claridades, A., Compilation of Notes,
2001-2006].
Overissued shares. Corp. Law. Those issued beyond the authorized
capital stock and considered void. [Diaz, Bus. Law Rev., 1991 Ed., p.
250].
Overloading. The use of one or more electrical appliances or devices
which draw or consume electrical current beyond the designed capacity
of the existing electrical system. [Sec. 3, PD 1185].
Overpricing. The sale of petroleum and/or petroleum products at prices
in excess of those duly authorized by the Government. [Sec.2, PD
1865; Sec. 3, BP 33].
Overrule. A judge's decision not to allow an objection. Also, a decision
by a higher court finding that a lower court decision was in error.
Overrun. An excess over the quantity ordered. [IRR on Supply & Prop.
Mgt., per Sec. 383, LGC].
Overseas absentee voter. A citizen of the Philippines who is qualified
to register and vote under RA 9189, not otherwise disqualified by law,
who is abroad on the day of elections. [Sec. 3, RA 9189].
Overseas absentee voters, certified list of. The list of registered
overseas absentee voters whose applications to vote in absentia have
been approved by the Commission on Election (COMELEC), said list to
be prepared by the Committee on Absentee Voting of the Commission,
on a country-by-country basis. [Sec. 3, RA 9189].
Overseas employment. 1. Employment of a worker outside the
Philippines, including employment on board vessels plying international
waters, covered by a valid contract. [Eastern Shipping Lines v. POEA,
GR L-76633. Oct. 18, 1988, citing 1985 Rules and Regulations on
Overseas Employment]. 2. Employment of a worker outside the
Philippines. [Art. 13(h), LC].

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Overseas Filipinos. Migrant, workers, other Filipino nationals and their
dependents abroad. [Sec. 2, IRR, RA 8042].
Overseas project. A construction or consultancy project undertaken or
will be undertaken by a contractor outside the territorial boundaries of
the Republic of the Philippines, and paid for in acceptable or freely
convertible foreign currency. [Sec. 3, PD 1167].
Overt act. 1. Every act, movement, deed and word of a person
indicating intent to accomplish a criminal objective. [Umil v. Ramos, GR
81567. July 9, 1990]. 2. An outward act done in pursuance and
manifestation of a criminal intent or design. [Gregorio, Fund. of Crim.
Law Rev., 1997 9th Ed., p. 35].
Overtime work. Work performed beyond eight hours a day, provided
that the employee is paid for the overtime work an additional
compensation equivalent to his regular wage plus at least twenty-five
percent thereof. Work performed beyond eight hours on a holiday or
rest day shall be paid an additional compensation equivalent to the rate
for the first eight hours on a holiday or rest day plus at least 30 percent
thereof. [Art. 87, LC].
Oviparous. A condition in which the vagina which had just delivered a
baby leaves the vaginal barrel loose. The entry of a penis will leave no
significant trace. [People v. Bacalso, GR 94531-32. June 22, 1992].
Own damage clause. A clause in an automobile insurance policy which
covers the risks insured against, namely: (a) damage or loss caused by
accident or fortuitous events; and (b) that caused by malicious or
intentional act committed by third persons. [Morenos Law Dict., 2000
Ed., p. 326].
Owner-manager. The owner of a parcel of land devoted to agricultural
production who provides the capital and management in the farm
enterprise. [Sec. 166, RA 3844].
Owner or lessor. 1. The owner or administrator or agent of the owner
of the residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. 2. The person
who holds the legal right of possession or title to a building or real
property. [Sec. 3, PD 1185].

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Ownership. A relation in law by virtue of which a thing pertaining to one
person is completely subjected to his will in everything not prohibited
by law or the concurrence with the rights of another [Tatad v. Garcia,
GR 114222. Apr. 6, 1995, citing Tolentino, II Commentaries & Jurisp.
on 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].

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-PPachyderm. Thick-skinned. [People v. Aquino, GR L-23908. Oct. 29,

1966].
Pacific blockade. Intl. Law. An act of reprisal by which the vessels of
the offending state are prevented from entering or leaving its ports by
the ships of the state seeking redress. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 126].
Package. A bundle made up for transportation; a packet; a bale; a
parcel; or that in which anything is packed; a box, a case, barrel,
crate., etc., in which goods are packed: a container. [Caltex (Phil.) Inc.
v. Manila Port Service, GR L-21055. Aug. 31, 1966, citing Webster's
New Intl. Dict., 2nd Ed., p, 1750].
Package or packaging. 1. Any container or wrapping in which any
consumer product is enclosed for use in the delivery or display of that
consumer product to retail purchasers. [Art. 4, RA 7394]. 2. Pack,
boxes, cartons or containers of any kind in which any tobacco product
is offered for sale to consumers. [Sec. 4, RA 9211].
Packing materials. They include leaves, straw, bark and other plant
materials used as wrapping, packing, or converting and are capable of
harboring plant pets. [Sec. 2, PD 1433].
Pact. A treaty surrounded by a special atmosphere of sentiment, with an
intention to guaranty, such as treaties of friendship. [Coquia and
Santiago, Intl. Law, 3rd Ed. (1998), p. 493].
Pacta sunt servanda. Lat. International agreements must be
performed in good faith. A treaty engagement is not a mere moral
obligation but creates a legally binding obligation on the parties. A state
which has contracted valid international obligations is bound to make in
its legislations such modifications as may be necessary to ensure the

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fulfillment of the obligations undertaken. [Taada v. Angara, GR
118295. May 2, 1997]. Compare with Rebus sic stantibus.
Pacto. Sp. A consideration which induces one to commit a crime.
[Aquino, RPC, 1976 Ed., Vol. 1, p. 431, citing People v. Indanan, 24
Phil. 203, 207 (1913) and People v. Asaad, 55 Phil. 697 (1931)].
Compare with Precepto.
Pacto commissorio. Sp. A provision for the automatic appropriation of
the pledged or mortgaged property by the creditor in payment of the
loan upon its maturity. The prohibition against a pacto commissorio is
intended to protect the obligor, pledgor, or mortgagor against being
overreached by his creditor who holds a pledge or mortgage over
property whose value is much more than the debt. [Yau Chu v. CA, GR
78519. Sep. 26, 1989].
Pacto de retro. Sp. A sale with right of repurchase within a certain
period of time. [Torres, Oblig. & Cont., 2000 Ed., p. 353].
Pactum commissorium. A stipulation for automatic vesting of title over
the security in the creditor in case of the debtor's default. [Fernandez
Vda. de Zulueta v. Octaviano, GR L-55350. Mar. 28, 1983].
Pactum commissorium. Elements: (a) That there should be a pledge
or mortgage wherein a property is pledged or mortgaged by way of
security for the payment of the principal obligation; and (b) that there
should be a stipulation for an automatic appropriation by the creditor of
the thing pledged or mortgaged in the event of non-payment of the
principal obligation within the stipulated period. [Uy Tong v. CA, GR
77465. May 21, 1988].
Pactum contrahendi. Intl. Law. An agreement by a State to conclude a
later and final agreement. [Coquia and Santiago, Intl. Law, 3rd Ed.
(1998), p. 494].
Pactum reservati dominii. Also Contractual reservation of title. 1.
The stipulation in a contract that ownership in the thing shall not pass
to the purchaser until he has fully paid the price. [Art. 1478, CC]. 2.
The reservation by the seller under the terms of a contract of sale of
specific goods of his right of possession or ownership in the goods until
certain conditions have been fulfilled. The right of possession or
ownership may be thus reserved notwithstanding the delivery of the

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goods to the buyer or to a carrier or other bailee for the purpose of
transmission to the buyer. [Art. 1503, CC]. 3. A stipulation common in
sales on installment where the ownership of the property may still be
with the seller until full payment of the price is made. [Jovellanos v. Ca,
GR 100728. June 18, 1992; Art. 1478, CC].
PAGCOR. Philippine Amusements and Gaming Corporation.
Paid-up capital stock. That portion of the subscribed or outstanding
capital stock that is actually paid. [De Leon, Corp. Code of the Phil.
Annotated, 1989 Ed., p. 53].
Pairing system. A system established under Circular No. 7 dated Sep.
23, 1974 of the Supreme Court whereby every branch of the Regional
Trial Court shall be considered as paired with another branch. In the
event of vacancy in any branch, or of the absence or disability of the
judge thereof, all incidental or interlocutory matters pertaining to it may
be acted upon by the judge of the other branch paired with it. The
latter may likewise conduct trials or hearings on the merits in criminal
cases with detention prisoners assigned to the other branch, as well as
in other kinds of cases, subject to the conformity of the parties. [SC
Circ. 7, Sep. 23, 1974].
Pakyao. Tag. A labor contract whereby a worker is paid by results. It is
akin to a contract for a piece of work whereby the contractor binds
himself to execute a piece of work for the employer, in consideration of
a certain price or consideration. The contractor may either employ his
labor or skill, or also furnish the material. [Dingcong v. Guingona, Jr.,
GR L-76044. June 28, 1988].
Pakyaw system. As generally practiced in our country, a labor contract
between employers and employees, between capitalists and laborers.
[Sunripe Coconut Products Co. v. Court of Industrial Relations, 83 Phil.
518, 523].
Palataw. Tag. Axe. [Angelo v. CA, GR 88392. June 26, 1992].
Palawan. The Philippine province composed of islands and islets located
747' and 1222' north latitude and 11700' and 11951' east
longitude, generally bounded by the South China Sea to the northwest
and by the Sulu Sea to the east. [Sec. 3, RA 7611].

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Palengke. Tag. Also Common open markets. Markets with dry and
wet sections, foodstalls, fruit and vegetable sections, etc., where the
retailers or market stall operators are lessees who pay fixed rents for
the use of market space. [Cruz v. CA, GR L-44178. Aug. 21, 1987].
Paltik. Tag. Home-made gun. [People v. Morados, GR 46973. Nov. 19,
1940].
Palusong. Tag. Also Bayanihan. The Filipino practice of exchange of
labor system. Also commonly known as "amuyo" or "tagnawa" in the
Ilocos regions and "salibot" or "ayon-ayon" in the Western Visayas. [De
Guzman v. Santos, GR L-16568. Nov. 30, 1962].
Panamax vessel. Vessel or ship of about 60,000 to 70,000 dead weight
tons capacity. [Sec. 1.2, IRR, EO 354 dated 5 July 1996].
Pancreatic carcinoma. A malignant new growth of the said organ,
characterized by loss of weight, pain and yellowish discoloration of the
skin. It affects predominantly patients over forty-five (45) years of age.
Predisposing factors are age, sex, genetic influence and presence of
diabetes mellitus. [Navalta v. GSIS, GR L-46684. Apr. 27, 1988].
Pandectists. From Lat. pandect: all receiving. Scholars who attempted
to prepare a pandect, or complete and comprehensive treatise or digest
of the law. [Intl. Law Dict. & Direct., 2004].
Pangkat ng Tagapagkasundo. A conciliation panel constituted for
each dispute brought before the Lupong Tagapamayapa consisting of
three (3) members who are chosen by the parties to the dispute from
the list of members of the Lupon. [Art. 197, IRR of RA 7160].
Panic. Legal Med. Acute and extreme anxiety with accompanying
physiologic symptoms. [Olarte, Legal Med., 1st Ed. (2004), p. 126].
Panic-buying. The abnormal phenomenon where consumers buy basic
necessities and prime commodities grossly in excess of their normal
requirement resulting in undue shortages of such goods to the
prejudice of less privileged consumers. [Sec. 3, RA 7581].
Panning. Recovering gold by the use of open round wooden or metal
containers disphan-like in appearance by skillful manipulation with
hands. [Sec. 12, PD 1150].

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Paper caps. Minute amount of black powder spread in either small strips
of paper on a small sheet used for children's toy guns. [Sec. 2, RA
7183].
Par. Equal. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p.
63].
Paraffin test. 1. A test to reveal whether the person tested has within
recent hours fired a gun. [Morenos Law Dict., 2000 Ed., p. 331]. 2. A
test to determine the presence of nitrates or gunpowder residues.
[People v. Saulog, GR 48850. Jan. 31, 1944]. Also Nitrate test.
Paragraphs. The division of the allegations in the body of a pleading
into paragraphs so numbered as to be readily identified, each of which
shall contain a statement of a single set of circumstances so far as that
can be done with convenience. A paragraph may be referred to by its
number in all succeeding pleadings. [Sec. 2(a), Rule 7, RoC].
Paralegal. 1. A person who is not a lawyer or is not acting in that
capacity but who provides a limited number of legal services.
[Duhaime's Legal Dict., 2004]. 2. Also, Legal assistant. A person with
legal skills who works under the supervision of a lawyer. [Glossary of
Paramour. One who loves or is loved illicitly; one taking the place
without the legal rights of a husband or wife; mistress called also
lover. [Fernandez v. Lantin, GR L-44759. Dec. 17, 1976, citing
Webster's 3rd New Intl. Dict., 1971 ed., p. 1638].
Paraphernal property. 1. that which the wife brings to the marriage
without including it in the dowry, and that which she later acquires
without adding it thereto. the wife retains the ownership over such
property; the husband cannot exercise any action of any sort with
respect to such property without the intervention or consent of his wife,
who has the management of said property, unless she has made it over
to him before a notary in order that he may administer it, in which case
the husband is bound to give a mortgage for the value of the personal
property received by him, or to give security therefor in the manner
provided for in dowered estate. The husband's personal obligations
shall not be collected from the income of the paraphernal property,
unless it be proved that the have been for the benefit of the family.

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[Arts. 135 to 141, CC]. 2. The real and personal property of any
married woman which she may have at the time of marriage, or which
she may thereafter acquire, which shall not be subject to the disposal
of her husband, nor be liable for his debts, but shall continue to be her
sole and separate property as if she were a femme sole. [Ossorio v.
Posadas, GR 31088. Dec. 3, 1929, citing 13 RCL, 1147, Sec. 170].
Paraphilia. Unusual sexual activity in which children are the preferred
sexual object. [Harvey v. Defensor-Santiago, GR L-82544. June 28,
1988, citing Webster's 3rd New Intl. Dict., 1971 Ed., p. 1665].
Parcel. A rectangular box, the dimension and weight of which is as
specified by the Corporation or the Government containing goods or
some form of transportable property intended for delivery to an
addressee prominently displayed on at least one (1) of its sides. [Sec.
2, RA 7354].
Pardon. Crim. Law. 1. An act of grace proceeding from the power
entrusted with the execution of the laws, which exempts the individual
on whom it is bestowed from the punishment the law inflicts for a crime
he has committed. It is a voluntary act of the sovereign, granting
outright remission of guilt and declaring of record that a particular
individual is to be relieved of the legal consequences of a particular
crime. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 2. An act of grace
from governing power which mitigates punishment and restores rights
and privileges forfeited on account of the offense. [Glossary of Legal
Pardon. Succ. The act of the testator who, having subsequently known
the cause of unworthiness of the heir, should condone them in writing.
Pardoning power of the President.
The power of the President
to grant, except in cases of impeachment, or as otherwise provided in
the Constitution, reprieves, commutations and pardons, and remit fines
and forfeitures, after conviction by final judgment, and to grant
amnesty with the concurrence of a majority of all the Members of the
Congress. [Sec. 19, Art. VII, 1987 Const.].
Parens patriae. Lat. Parent of the country. 1. Role of State as sovereign
and guardian of persons under legal disability. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 579]. 2. The right of the courts to make unfettered

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decisions concerning people who are not able to take care of
themselves. For example, court can make custody decisions regarding a
child or an insane person, even without statute law to allow them to do
so, based on their residual, common law-based parens patriae
jurisdiction. [Duhaime's Legal Dict., 2004].
Parens patriae (father of his country) doctrine. The doctrine refers
to the inherent power and authority of the state to provide protection
of the person and property of a person non sui juris. Under that
doctrine, the state has the sovereign power of guardianship over
persons under disability. Thus, the state is considered the parens
patriae of minors. [67 CJS 624; Govt. of the P. I. v. Monte de Piedad,
35 Phil. 728, 747; 31 Words & Phrases Judicially Defined, Per. Ed., pp.
99-100].
Parental and filial privilege. The privilege of a person against being
compelled to testify against his parents, other direct ascendants,
children or other direct descendants. [Sec. 25, rule 130, RoC].
Parental authority. Also known in Roman law as Patria potestas. 1.
The authority and responsibility of the parents in caring for and rearing
their unemancipated children for civic consciousness and efficiency and
the development of their moral, mental and physical character and
well-being. [Art. 209, FC]. 2. The mass of rights and obligations which
parents have in relation to the person and property of their children,
until their majority age or emancipation, and even after this under
certain circumstances. [2 Manresa 8, cited in p. 657, Comments &
Jurisp. on the Civil Code, Tolentino, Vol. I, 1983 ed].
Parental leave of a solo parent. Leave benefits granted to a solo
parent to enable him/her to perform parental duties and responsibilities
where physical presence is required. [Sec. 3, RA 8972].
Parental liability principle. A species of what is frequently designated
as vicarious liability, or the doctrine of "imputed negligence" under
Anglo-American tort law, where a person is not only liable for torts
committed by himself, but also for torts committed by others with
whom he has a certain relationship and for whom he is responsible.
Thus, parental liability is made a natural or logical consequence of the
duties and responsibilities of parents their parental authority
which includes the instructing, controlling and disciplining of the child.
[Tamargo v. CA, GR 85044. June 3, 1992].

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Parental preference rule. The rule that a natural parent, father or
mother, as the case may be, who is of good character and a proper
person to have the custody of the child and is reasonably able to
provide for such child, ordinarily is entitled to the custody as against all
persons. Accordingly, such parents are entitled to the custody of their
children as against foster or prospective adoptive parents; and such
entitlement applies also as against other relatives of the child, including
grandparents, or as against an agency or institution. [Luna v. IAC, GR
L-68374. June 18, 1985, citing pp. 207 & 208, Vol. 67A CJS].
Parental responsibility. With respect to their minor children, the rights
and duties of the parents as defined in Art. 220 of EO 209, as
amended, otherwise known as the Family Code of the Philippines [Sec.
3, RA 8972].
Parent corporation. Also Holding corporation. A corporation which
is so related to another corporation that it has the power, either directly
or indirectly, to elect the majority of the directors of such other
corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p.
39]. Compare with Subsidiary corporation.
Parent education. 1. The various means of providing parents or legal
guardians information about newborn screening. [Sec. 4, RA 9288]. 2.
The various formal and alternative means of providing parents with
information, skills, and support systems to assist them in their roles as
their children's primary caregivers and educators. These include public
and private parent education programs linked to center, home and
media-based child care and education programs. [Sec. 4, RA 8980].
Pari delicto. Lat. In equal fault; in a similar offense or crime; equal in
guilt or in legal fault. [Black's Laws Dict., 5th Ed., 1004].
Pari delicto non oritur actio. Lat. Where two persons are equally at
fault neither party may be entitled to relief under the law. [Egao v. CA,
GR 79787. June 29, 1989].
Parietal bone. A membrane bone of the roof of the skull. [Morenos Law
Dict., 2000 Ed., p. 333].
Parietal region. One or two bones between the occipetal (back) and
frontal bones of the skull. [Morenos Law Dict., 2000 Ed., p. 333].

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Parieto temporal region. A region that is not found in the forehead
but between the temple on the side of the skull and back part of the
head. [Morenos Law Dict., 2000 Ed., p. 333].
Pari materia. Lat. Upon the same subject. Statutes are said to be in pari
materia when they relate to the same person or thing, or to the same
class of persons or things, or have the same purpose or object. [City of
Naga v. Agna, May 31, 1976, 71 SCRA 176, 184].
Pari materia rule. When statutes are in pari materia, the rule of
Statutory Construction dictates that they should be construed together.
This is because all enactments of the same legislature on the same
subject matter are supposed to form part of one uniform system; that
later statutes are supplementary or complimentary to the earlier
enactments and in the passage of its acts the legislature is supposed to
have in mind the existing legislation on the same subject and to have
enacted its new act with reference thereto. [City of Naga v. Agna, May
31, 1976, 71 SCRA 176, 184].
Par in parem non habet imperium. Lat. 1. An equal has no power
over an equal. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. 2. All
states are sovereign equals and cannot assert jurisdiction over one
another. [USA v. Guinto, GR 76607. Feb. 26, 1990].
Pari passu. Lat. Equitably and without preference. This term is often
used in bankruptcy proceedings where creditors are said to be pari
passu which means that they are all equal and that distribution of the
assets will occur without preference between them. [Duhaime's Legal
Dict., 2004].
Parish. A portion or subdivision of a diocese committed to the spiritual
jurisdiction or care of a priest or minister, called rector or pastor. In the
Protestant Episcopal Church, it is a territorial division usually following
civil bounds, as those of a town. In the Roman Catholic Church, it is
usually territorial, but whenever there are different rites and languages,
the boundaries and jurisdiction are determined by rite or language.
[Roman Catholic Apostolic Administrator of Davao, Inc. v. Land
Registration Commission, GR L-8451. Dec. 20, 1957].
Parking fee. The fee collected from public utility vehicles when they
stop on any portion of the existing parking area for the purpose of

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loading or unloading passengers or cargoes, no fee being charged for
mere passage. [City of Ozamis v. Lumapas, GR L-30727. July 15,
1975]. Compare with Toll fee.
Parkinson's disease or Parkinsonism. Scientifically known as
Paralysis agitans. A core syndrome of the late middle life, occurring
in most cases between the ages of 50 and 60, observed in all countries,
ethnic groups, socio-economic classes and in both sexes, resulting from
an excessive loss of melanin pigment and a degeneration of neurones
in the substantia nigra, characterized by involuntary tremulous motion,
with lessened muscular power in parts of the body which are not in
action and even when supported, an expressionless face, poverty and
slowness of voluntary movement, stooped posture, rigidity and
festinating gait, the senses and intellect being uninjured. [Yosores v.
ECC, GR 97346. Mar. 23, 1992]
Park or playground. That portion of the subdivision which is generally
not built on and intended for passive or active recreation. [Sec. 3, BP
220].
Parliamentary immunities. Pol. Law. The immunities granted to the
members of the Congress under Art. VI, Sec. 11 of the 1987
Constitution which provides: "A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the Congress is in
session. No member shall be questioned nor be held liable in any other
place for any speech or debate in the Congress or in any committee
thereof." [Mapa v. Sandiganbayan, GR 100295. Apr. 26, 1994].
Parliamentary privilege of speech. Pol. Law. The immunity granted
to the members of the Congress under Art. VI, Sec. 11 of the 1987
Constitution from being questioned or from being held liable in any
other place for any speech or debate in the Congress or in any
committee thereof. [Claridades, A., Compilation of Notes, 2001-2006].
See Parliamentary immunities.
Par of change. See Legal exchange rate.
Parole. 1. It consists in the suspension of the sentence of a convict after
serving the minimum of the sentence imposed without granting a
pardon, prescribing the terms upon which the sentence shall be
suspended. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 322].

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2. An early release from incarceration in which the prisoner promises to
heed certain conditions (usually set by a parole board) and under the
supervision of a parole officer. Any violation of those conditions would
result in the return of the person to prison. [Duhaime's Legal Dict.,
2004]. 3. Supervised release of a prisoner from imprisonment on
certain prescribed conditions which entitle him to termination of his
sentence. [Glossary of Legal Terms (Pro-Se), 2004].
Parol evidence. Rem. Law. 1. That oral evidence presented during the
trial of a case with the intention of altering and/or changing the terms
of a written contract. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Oral
or verbal evidence; evidence given by word of mouth in court.
Parol evidence rule. Rem. Law. 1. The rule of evidence that when the
terms of an agreement have been reduced to writing, it is to be
considered as containing all the terms agreed upon and there can be,
between the parties and their successors-in-interest, no evidence of
such terms other than the contents of the written agreement. [Sec. 9,
Rule 130, RoC]. 2. Under the rule, when the terms of an agreement
have been reduced into writing, it is considered as containing all the
terms agreed upon, and there can be, between the parties and their
successors-in-interest, no evidence of such terms other than the
contents of the written agreement. However, a party may present
evidence to modify, explain or add to the terms of the written
agreement if he puts in issue in his pleading, the failure of the written
agreement to express the true intent of the parties thereto.
[Mactan-Cebu Intl. Airport Authority v. CA, GR 121506. Oct. 30, 1996;
Sec. 9, Rule 130, RoC].
Parricide. Crim. Law. 1. The felony committed by any person who shall
kill his father, mother, or child, whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse. [Art. 246, RPC].
2. Killing one's father or another a family member or close relative.
Parricide. Crim. Law. Elements: (a) A person is killed; (b) the deceased
is killed by the accused; (c) the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse of the accused. [People v.
Malabago, GR 115686. Dec. 2, 1996, citing Reyes, The Rev. Penal
Code, Vol. 2, p. 414 (1993)].

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Partial compensation. This takes place when the two obligations are
of different amounts and a balance remains unextinguished after the
compensation. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare
with Total compensation.
Partial default, effect of. When a pleading asserting a claim states a
common cause of action against several defending parties, some of
whom answer and the others fail to do so, the court shall try the case
against all upon the answers thus filed and render judgment upon the
evidence presented. (Sec. 3(c), Rule 9, RoC].
Partial disability. Diminished capacity for securing employment due to
disfigurement produced by an injury, can be considered as partial
disability. [Sec. 22, RA 772].
Partiality. 1. Synonymous with "bias. [Fonacier v. Sandiganbayan, GR
L-50691. Dec. 5, 1994, citing 31 Words and Phrases 212]. 2. A
disposition to see and report matters as they are wished for rather than
as they are. [Ibid., citing Phil. Law Dict., Moreno, 3rd Ed., p. 103].
Partial succession. Intl. Law. Part of a territory is transferred from one
state to another. [Intl. Law Dict. & Direct., 2004].
Particeps criminis. Lat. 1. Criminal partner. [People v. Pamon, GR
102005. Jan. 25, 1993]. 2. One who assists another in any manner in
carrying out a fraudulent purpose. [Haw Pia v. China Banking Corp., GR
L-554. Apr. 9, 1948, citing Alberger v. White, 23 SW 92, 96].
Participante en el delito. Sp. Participant in the felony. See Particeps
criminis.
Participating preferred shares. Corp. Law. Those that entitle the
holders to participate with holders of common shares in the surplus
profits after the amount of the stipulated dividends has been paid to
holders of preferred shares and holders of common shares. [Diaz, Bus.
Law Rev., 1991 Ed., p. 249]. Compare with Non-participating
preferred shares.
Participatory processes. The involvement of all the key sectors of
development, from the grassroots to the policy-making bodies of the
National Government, in providing the values and ideas from which

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812
strategic development and environmental protection action can come
about. [Sec. 3, RA 7611].
Particular average. Mar. Ins. 1. A loss happening to the ship, freight,
or cargo which is not shared by contributing among all those interested,
but must be borne by the owner of the subject to which it occurs.
[Amer. Home Assurance v. CA, GR 94149. May 5, 1992, citing Black's
Law Dict., Rev. 4th Ed., p. 172]. 2. A loss to a ship or its cargo which is
not to be shared in by contributions from all those interested, but is to
be borne by the owner of the injured thing. [Intl. Law Dict. & Direct.,
2004]. Compare with General average.
Particular lien. A right to retain the property of another on account of
labor employed or money expended on that specific property.
Particular partnership. A partnership which has for its object
determinate things, their use or fruits, or specific undertaking, or the
exercise of a profession or vocation. [Art. 1783, CC]. Compare with
Universal partnership.
Partisan political activity. See Election campaign.
Partition. 1. The separation, division and assignment of a thing held in
common among those to whom it may belong. The thing itself may be
divided, or its value. [Art. 1079, CC]. 2. A division between two or more
persons of real or personal property which they own as copartners,
joint tenants or tenants in common, effected by the setting apart of
such interests so that they may enjoy and possess it in severalty.
[Villamor v. CA, GR L-41508. June 27, 1988, citing La. Bickham v. Pitts,
171 So. 80, 185, La. 930].
Partners. Two or more persons who carry on a business together and
are each fully liable for all the debts of the enterprise but they also
share the profits exclusively. [Duhaime's Legal Dict., 2004].
Partnership. 1. A contract whereby two or more persons bind
themselves to contribute money, property, or industry to a common
fund, with the intention of dividing the profits among themselves. [Art.
1767, CC]. 2. A company of two or persons who co-own and manage a
business and who are each liable to the full extent of their personal
assets for its debts. An association of two or more persons who co-own

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and manage a business for profit and who are each liable to the full
extent of their personal assets for its debts. [Intl. Law Dict. & Direct.,
2004]. Also Joint venture.
Partnership by estoppel. A situation where one represents himself to
be a partner in an existing partnership without the objection of the
partners despite the fact that he is not truly a partner. If someone is
misled, there can be liability on the part of the partnership because
there is partnership by estoppel. [Albano, Civil Law Reviewer, Rev. Ed.,
p. 414].
Part performance. The receipt by one of the parties of a certain sum of
deposit from the other to give the latter the opportunity in the
purchase of the thing object of the contract. [Claridades, A.,
Part-time position. A set of duties and responsibilities not requiring
performance for the total number of prescribed working hours per
week, specified as normal for the organization in which the position is
located. [Sec. 3, PD 985].
Partus sequitur ventrem. Lat. The principle that the offspring belongs
to the owner of the female. [Jurado, Civil Law Reviewer, 19th Ed.
(1999), p. 289, citing Art. 441, CC].
Party. 1. A political party or a sectoral party or coalition of parties. [Sec.
3, RA 7941]. 2. A person or agency named or admitted as a party, or
properly seeking and entitled as of right to be admitted as a party, in
any agency proceeding; but nothing herein shall be construed to
prevent an agency from admitting any person or agency as a party for
limited purposes. [Sec. 2, Chap. 1, Book VII, EO 292]. 3. A person,
business, or government agency actively involved in the prosecution of
defense of a legal proceeding. [Glossary of Legal Terms (Pro-Se),
2004].
Party adversely affected. Admin. Law. The person or the respondent
employee against whom the administrative disciplinary case is filed. [UP
v. CSC, GR 108740. Dec. 1, 1993].
Party-in-interest. One who prosecutes or defends and is benefited or
injured. The term applies not only to the plaintiff but to the defendant,
and the suit may be dismissed if neither of them is a real

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party-in-interest. [Travel Wide Associated Sales (Phils.), Inc. v. CA, GR
77356. July 15, 1991].
Party-list system. A mechanism of proportional representation in the
election of representatives to the House of Representatives from
national, regional and sectoral parties or organizations or coalitions
thereof registered with the Commission on Elections (COMELEC).
Component parties or organizations of a coalition may participate
independently provided the coalition of which they form part does not
participate in the party-list system. [Sec. 3, RA 7941].
Party-List System Act. RA 7941 entitled An Act providing for the
election of party-list representatives through the party-list system, and
appropriating funds therefor enacted on Mar. 3, 1995.
Party wall. A wall used jointly by two parties under easement
agreement, erected upon a line separating two parcels of land each of
which is a separate real estate. [Sec. 3, BP 220].
Par value. Face value or value equal to the face of the stocks or bonds.
Par value shares. Corp. Law. 1. Shares issued with a specific money
value fixed in the articles of incorporation and appearing in the
certificate of stock. Its primary purpose is to fix the minimum
subscription or issue price of the shares, thus assuring creditors that
the corporation would receive a minimum amount for its stock. [De
Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares
issued by a company which have a minimum price. [Duhaime's Legal
Dict., 2004]. Compare with No par value shares.
Passbook. A record of savings account opened with any bank, issued by
the latter and should be presented to it in making deposits or
withdrawals. Each transaction is entered in the passbook such that at
the end of each entry, the outstanding balance of a particular deposit
account appears therein. [Morenos Law Dict., 2000 Ed., pp. 335-336].
Passenger. Any fare paying person being transported and conveyed in
and by a motor vehicle for transportation of passengers for
compensation, including persons expressly authorized by law or by the
vehicle's operator or his agents to ride without fare. [Sec. 373(b), IC].

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815
Passion and obfuscation. Such powerful excitement as to overcome
reason and self-control thereby diminishing the exercise of will power.
[US v. Salandanan, 1 Phil. 465 (1902)].
Passion and obfuscation. Requisites: (a) There should be an act both
unlawful and sufficient to produce such condition of mind; and (b) said
act which produced the obfuscation was not far removed from the
commission of the crime by a considerable length of time, during which
the perpetrator might recover his moral equanimity. [People v.
Takbobo, GR 102984. June 30, 1993].
Passive personality principle. Intl. Law. Doctrine that a court has
criminal jurisdiction if the victim is a national of the forum state. [Intl.
Passive solidarity. A kind of solidarity where there are several debtors
and only one creditor [Diaz, Bus. Law Rev., 1991 Ed., p. 24] and where
the solidary debtors share equally in the obligation. [Corpus v. Paje, GR
L-26737. July 31, 1969, citing Art. 1208, Civil Code]. Compare with
Active solidarity.
Passive subject. The person from whom the prestation (duty) is
demandable, otherwise known as the debtor or obligor. [Torres, Oblig.
& Cont., 2000 Ed., p. 25]. Compare with Active subject.
Passive subjective novation. A novation, under Art. 1293, Civil Code,
which consists in the substitution of a debtor and which may be in the
form of expromission (where the initiative comes from a third person)
or delegacion (where the initiative comes from the debtor. [Morenos
Law Dict., 2000 Ed., p. 336].
Passport. 1. An official document of identity and nationality issued to a
person intending to travel or sojourn in foreign countries [Phil. Legal
Encyc., 1986 Ed., p. 699]. 2. A warrant of protection and authority to
travel between nations. [Intl. Law Dict. & Direct., 2000].
Pasuray-suray. Tag. In a zigzag manner. [People v. Siscar, GR L-55649.
Dec. 3, 1985].
Patay-gutom. Tag. A derogatory remark connoting abject poverty.
[Gonzales v. Arcilla, GR 27923. Nov. 18, 1991].

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Patent. 1. An exclusive privilege granted to an inventor to make, use or
sale an invention for a set number of years. Normally, no one company
can retain a monopoly over a product or service because this is
considered to be economically harmful to society. But as a financial
incentive to potential inventors, the state grants a temporary monopoly
to that inventor through the issuance of a patent. [Duhaime's Legal
Dict., 2004]. 2. A grant to an inventor of the right to exclude others for
a limited time from make, using, or selling his invention in the
(Philippines). [Glossary of Legal Terms (Pro-Se), 2004].
Patentable inventions. Any technical solution of a problem in any field
of human activity which is new, involves an inventive step and is
industrially capable. [Kho v. CA, GR 115758, Mar. 19-2002].
Patent ambiguity. See Extrinsic ambiguity.
Paternity. The civil status of a father in relation to the children begotten
by him. In its generic sense, it is also used to designate the civil status
of a mother in relation to the children begotten by her. [Jurado, Civil
Law Reviewer, 19th Ed. (1999), p. 196]. Compare with Filiation.
Pathologist. A duly registered physician who is specially trained in
methods of laboratory medicine, of the gross and microscopic study
and interpretation of tissues, secretions and excretions of the human
body and its functions in order to diagnose disease, follows its course,
determine the effectivity of treatment, ascertain cause of death and
advance medicine by means of research. [Sec. 2, RA 5527].
Pathwalk or footpath. A public way intended for pedestrian and which
cuts across a block to provide access to adjacent streets or property
with maximum length of 100 meters if connecting to roads and 50
meters if terminating in a dead end. [Sec. 3, BP 220].
Patikim. Tag. This is a typical and laudable provinciano trait of sharing,
a native way of expressing gratitude for favor received. [Caballes v.
DAR, GR L-78214. Dec. 5, 1988].
Patria potestas. A Roman law concept of the sum total of the rights of
parents over the person and property of their children. [Morenos Law
Dict., 2000 Ed., p. 336].

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Patrimonial property. Property over which the State has the same
rights, and of which it may dispose, to the same extent as private
individuals in relation to their own property, subject only to the
administrative laws and regulations on the procedure of exercising such
rights. They exist for the State for attaining its economic ends, as a
means for its subsistence, and the preservation of its natural organism.
[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 37, citing 3
Manressa 95-96].
Patrimonial sea or economic zone. Intl. Law. That expanse of sea
extending two hundred nautical miles from the coast or baselines of the
state over which it asserts exclusive jurisdiction and ownership over all
living and non-living resources found therein. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 75].
Patrimony. In its plain and ordinary meaning, the term pertains to
heritage. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997, citing
Webster's 3rd New Intl. Dict., 1986 Ed., p. 1656]. See National
patrimony.
Pauper. A person so poor that he must be supported at public expense;
also a suitor who, on account of poverty, is allowed to sue or defend
without being chargeable with costs. [Enaje v. Ramos, GR L-22109.
Jan. 30, 1970, citing Black's Law Dict., p. 629]. Compare with
Indigent.
Pauper litigant. An indigent suitor at law. [Morenos Law Dict., 2000
Ed., p. 336].
Pawn. The personal property delivered by the pawner to the pawnee as
security for a loan. [Sec. 3, PD 114].
Pawnee. The pawnshop or pawnbroker. [Sec. 3, PD 114].
Pawner. The borrower from a pawnshop. [Sec. 3, PD 114].
Pawnshop. A person or entity engaged in the business of lending
money on personal property delivered as security for loans and shall be
synonymous, and may be used interchangeably, with pawnbroker or
pawnbrokerage. [Sec. 3, PD 114].
Pawnshop Regulation Act. PD 114 signed into law on Jan. 29, 1973.

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Pawn ticket. The pawnbrokers' receipt for a pawn. It is neither a
security nor a printed evidence of indebtedness. [Sec. 3, PD 114].
Pay. n. Compensation; wages; salary; commission; fees. v. to discharge
a debt by tender of payment due; to deliver to a creditor the value of a
debt, either in money or goods, for his acceptance. [Blacks Law Dict.,
Abr. 5th Ed. (1983), 587].
Payable on demand. An instrument which: (a) is expressed to be
payable on demand, or at sight, or on presentation; or (b) expresses no
time for payment. [Sec. 7, NIL].
Payable to bearer. The instrument is payable to bearer: (a) when it is
expressed to be so payable; or (b) when it is payable to a person
named therein or bearer; or (c) when it is payable to the order of a
fictitious or non-existing person, and such fact was known to the
person making it so payable; or (d) when the name of the payee does
not purport to be the name of any person; or (e) when the only or last
indorsement is an indorsement in blank. [Sec. 9, NIL].
Payable to order. The instrument drawn payable to the order of a
specified person or to him or his order. It may be drawn payable to the
order of (a) a payee who is not maker, drawer, or drawee; or (b) the
drawer or maker; or (c) the drawee; or (d) two or more payees jointly;
or (e) one or some of several payees; or (f) the holder of an office for
the time being. [Sec. 8, NIL].
Payao. A fish aggregating device consisting of a floating raft anchored
by a weighted line with suspended materials such as palm fronds to
attract pelagic and schooling species common in deep waters. [Sec. 4,
RA 8550].
Payee. 1. The party to whom the promise is made or the instrument is
payable; the party in whose favor the bill is drawn or is payable. 2. The
person to whom payment is addressed or given. In family law, the term
usually refers to the person who receives or to whom support or
maintenance is owed. In commercial law, the term refers to the person
to whom a bill of exchange is made payable. On a regular check, the
space preceded with the words Pay to the order of identifies the
payee. [Duhaime's Legal Dict., 2004]. See Maker.

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Paying bank. The bank on which the drafts are to be drawn. [Bank of
America v. CA, GR 105395. Dec. 10, 1993].
Payment. It means not only the delivery of money but also the
performance, in any other manner, of an obligation. [Art. 1232, CC]. It
is synonymous with performance. [Diaz, Bus. Law Rev., 1991 Ed., p.
35].
Payment by cession. A special form of payment whereby the debtor
assigns or abandons all his properties for the benefit of his creditors in
order that the latter may sell the same and apply the proceeds thereof
to the satisfaction of their credits. [Diaz, Bus. Law Rev., 1991 Ed., p.
43, citing Art. 1255, CC].
Payment by cession. Requisites: (a) There must be two or more
creditors; (b) the debtor must be at least partially if not totally
insolvent; (c) the cession must be accepted by the creditors. [Diaz, Bus.
Law Rev., 1991 Ed., p. 43-44].
Payment for honor. Nego. Inst. Payment made by a person, whether a
party to a bill or not, after it has been protected for non-payment, for
the benefit of any party liable thereon or for the benefit of the person
for whose account it was drawn. [Claridades, A., Compilation of Notes,
2001-2006].
Payment in due course. Nego. Inst. Payment made at or after the
maturity of the payment to the holder thereof in good faith and without
notice that his title is defective. [Art. 88, Art. 2031].
Payment, special forms of. The special forms of payment under the
Civil Code are: (a) dation in payment; (b) application of payments; (c)
payment by cession; and (d) tender of payment and consignation.
Payment stopped. A banking phrase indicating that the check was not
paid because there was a stop payment order from the drawer thereof.
Payor. The person who is making the payment(s). In the context of
family law, the word would typically refer to the person to a support or
maintenance debtor. In commercial law, the word refers to the person

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who makes the payment on a check or bill of exchange. [Duhaime's
Legal Dict., 2004].
Payroll period. A period for which payment of wages is ordinarily made
to the employee by his employer. [Sec. 78, NIRC, as amended].
Payroll reinstatement. A form of reinstatement which an employer
may opt to exercise in lieu of an actual reinstatement. Here, the illegally
dismissed employee is to receive his basic pay without the obligation of
rendering any service to the employer. This occurs when a Labor
Arbiter decides that an employee was illegally dismissed and as a
consequence awards reinstatement, pursuant to Art. 279 of the Labor
Code. [Labitag, Answers to 2005 Bar Exams Questions, UP Law
Complex].
PDEA. The Philippine Drug Enforcement Agency created under Sec. 82,
Art. IX of RA 9165. [Sec 3, RA 9165].
Peace. The state of quiet or tranquility; freedom from disturbance.
Pearl farm lease. Public waters leased for the purpose of producing
cultured pearls. [Sec. 4, RA 8550].
Peccata minuta. Minute errors, as in a testimony. [Morenos Law Dict.,
2000 Ed., p. 337]. Harmless oversight. [Peroxide Phils. Corp. v. CA, GR
92813. July 31, 1991].
Pecuniary. Monetary; relating to money; financial; consisting of money
or that which can be valued in money. [Blacks Law Dict., Abr. 5th Ed.
(1983), 589].
Peddler. 1. Any person who, either for himself or on commission, travels
from place to place and sells his goods or offers to sell and deliver the
same. [Sec. 131, RA 7160]. 2. A person who travels about the country
with merchandise for the purpose of selling it; he is an itinerant trader
who carries goods about in order to sell them. He is an itinerant
individual, ordinarily without local habitation or place of business, who
travels about the country carrying commodities for sale. [Ram Singh v.
Insular Collector of Customs, GR 13669. Oct. 25, 1918].

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821
Pedestrian lane. The area designed by law for pedestrians to cross a
street. [Morenos Law Dict., 2000 Ed., pp. 337-338].
Pedigree. Lineage, descent, and succession of families; line of ancestors
from which a person descends; genealogy. An account or register of a
line of ancestors. Family relationship. [Blacks Law Dict., Abr. 5th Ed.
(1983), 589].
Pedophile. A person afflicted with Pedophilia, a sexual perversion in
which children are preferred as sexual partner. [Duhaime's Legal Dict.,
2004].
Pedophilia. Legal Med. 1. A psycho-sexual perversion involving children.
[Harvey v. Defensor-Santiago, GR L-82544. June 28, 1988, citing
Kraft-Ebbing Psychopatia Sexualis, p. 555]. 2. A sexual perversion
wherein a person has the compulsive desire to have coitus with a child
of either sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113].
Penal clause in an obligation. 1. An accessory undertaking to assume
greater liability in case of breach of the obligation [Diaz, Bus. Law Rev.,
1991 Ed., p. 31]. 2. An accessory obligation which the parties attach to
a principal obligation for the purpose of insuring the performance
thereof by imposing on the debtor a special prestation (generally
consisting in the payment of a sum of money) in case the obligation is
not fulfilled or is irregularly or inadequately fulfilled. [Country Bankers
Ins. Corp. v. CA, GR 85161. Sep. 9, 1991 citing, Caguioa, Comments
and Cases on Civil Law, Vol. IV, 1st Ed., pp. 199-200].
Penal clause in an obligation. Kinds: (a) subsidiary penal clause
where only the penalty can be imposed; and (b) joint penal clause
where both the principal obligation and the penal clause can be
enforced. [Diaz, Bus. Law Rev., 1991 Ed., p. 31]
Penal Code. See Revised Penal Code, The.
Penal law. Punishment imposed and enforced by the state for a crime
or offense against its law. [People v. Moran, GR 17905. Jan. 27, 1923].
Penal statutes. Those laws by which punishments are imposed for
some violation or transgression of some of their provisions. [Rilloraza v.
Arciaga, GR L-23848. Oct. 31, 1967, citing 31 Words & Phrases, Perm.
Ed., p. 589].

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Penalty. It signifies pain. In its juridical sphere, it means the suffering
undergone, because of the action of society, by one who commits a
crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 199].
Penalty charges. Such amount, in addition to interest, imposed on the
credit card holder for non-payment of an account within a prescribed
period. [Sec. 3, RA 8484].
Pena perpetua. Sp. Perpetual penalties. [People v. Reyes, GR
101127-31. Aug. 7, 1992, citing Art. 70, RPC].
Pendente lite. Lat. During litigation. For example, if the validity of a will
is challenged, a court might appoint an administrator pendente lite with
limited powers to do such things as may be necessary to preserve the
assets of the deceased until a hearing can be convened on the validity
of the will. Another example is an injunction pendente lite, to last only
during the litigation and, again, designed simply to preserve something
until the decisive court order is issued. [Duhaime's Legal Dict., 2004].
Pending petition. In the Securities and Exchange Commission, an
ongoing adjudication and full-blown hearing on the merits of the
corporations claim for suspension of payments. [Morenos Law Dict.,
2000 Ed., p. 339].
Penology. 1. The science of prison management and rehabilitation of
criminals. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 590]. The various
means of fighting crimes as regards penalties and other measures of
security. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 15].
Pension. 1. To a public servant, it is not a gratuity but rather a form of
deferred compensation for services performed and his right to it
commences to vest upon his entry into the retirement system and
becomes an enforceable obligation in court upon fulfillment of all
conditions under which it is to be paid. [Profeta v. Drilon, GR 104139.
Dec. 22, 1992]. 2. It is a gratuity only when it is granted for services
previously rendered, and which at the time they were rendered gave
rise to no legal obligation. [Pirovano v. Dela Rama Steamship, Co. GR
L-5377. Dec. 29, 1954, citing Words & Phrases, Permanent Ed., p.
675].

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823
Pensioner. 1. An SSS or GSIS member who receives pensions
therefrom. [Sec. 1, RA 9241]. 2. Any person who receives old-age or
disability pension whether in lump sum or otherwise [Sec. 2, PD 1146].
People. 1. Pol. Law. A body politic; the qualified voters granted the right
to vote by the existing Constitution and who therefore are "the sole
organs through which the will of the body politic can be expressed.
[Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973, citing In re
Opinion of Justices, 115 NE Rep. 922-923]. 2. Intl. Law. The inhabitants
of a state. They are regarded as a single unit and must come from both
sexes as to be able to perpetuate themselves. [Cruz, Intl. Law
People power revolution. The February 1986 revolution, a relatively
peaceful one, where the Filipino people tore themselves away from an
existing regime. This revolution also saw the unprecedented rise to
power of the Aquino government. [In Re: Puno, AM 90-11-2697-CA.
June 29, 1992].
Peoples initiative. Const. Law. The power of the people to propose
amendments to the Constitution, or to propose and enact legislations
through an election called for the purpose. [Suarez, Pol. Law Reviewer,
1st Ed., 2002, p. 16].
People's organization (PO). 1. A bonafide association of citizens with
demonstrated capacity to promote the public interest and with
identifiable leadership, membership and structure. Its members belong
to a sector/s who voluntarily band themselves together to work for and
by themselves for their own upliftment, development and greater good.
[Sec. 4, RA 8550]. 2. A self-help group belonging to the basic sectors
and/or disadvantaged groups composed of members having a common
bond of interest who voluntarily join together to achieve a lawful
common social or economic end. [Sec. 3, RA 8425].
Peptic ulcer. A stomach ulcer, an ulcer of the duodenum (the first part
of the small intestine), or an ulcer in the lower part of the esophagus
(gullet). [Landicho v. WCC, GR L-45996. Mar. 26, 1979, citing Atty.s
Dict. of Med., Schmidt ].
Per capita. Lat. By the heads or polls; according to the number of
individuals; share and share alike. [Blacks Law Dict., Abr. 5th Ed.
(1983), 591]. Compare with Per stirpes.

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824
Per curiam. Lat. By the court. An opinion which expresses the decision
in the case but which does not identify the judge who wrote it. [Intl.
Per curiam decision. An opinion of the Court as a whole, there being
no ponente although any member of the Court may be assigned to
write the draft. [Prudential Bank v. Castro, AC 2756. Mar. 15, 1988].
Per curiam opinion. An unsigned opinion of the court. [Glossary of
Per diem. A daily allowance given for each day an officer or employee
was away from his home base. [Lexal Laboratories v. National Chemical
Industries Workers Union, GR L-24632. Oct. 26, 1968].
Perfection of an appeal. Labor. The filing within the prescribed period,
of the memorandum of appeal containing, among others, the
assignment of error/s, the argument in support thereof, the reliefs
sought and posting of the appeal bond. [Sec. 1, Rule 1, Book 5, IRR of
LC].
Perfection (of the contract). (That stage which) takes place upon the
concurrence of the essential elements (of the contract). [Ang Yu v. CA,
GR 109125. Dec. 2, 1994]. Compare with Negotiation and
Consummation.
Perform. The word applies to one who plays a musical composition on a
piano, thereby producing in the air sound waves which are heard as
music, and if the instrument he plays on is a piano plus a broadcasting
apparatus, so that waves are thrown out, not only upon the air, but
upon the other, then also he is performing the musical composition.
[Fil. Soc. of Composers, Authors And Publishers, Inc. v. Tan, GR
L-36402. Mar. 16, 1987, citing Buck v. Russon, No. 4489 25 F. Supp.
317].
Performance bond. 1. A bond in cash, certified or cashier's check, or
surety, required of winning bidders to guarantee performance of an
order or contract. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2.
A bond designed to afford the project owner security that the bidder,
now the contractor, will faithfully comply with the requirements of the
contract awarded to the contractor and make good damages sustained

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by the project owner in case of the contractor's failure to so perform.
[Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989].
Compare with Proposal bond.
Performance budget. Budget which estimates target revenues and
expenses for a given budget period. [Sec. 27, PD 625].
Performance for profit. Within the Copyright Law, the playing of music
in dine and dance establishment which was paid for by the public in
purchases of food and drink. [Fil. Soc. of Composers, Authors And
Publishers, Inc. v. Tan, GR L-36402. Mar. 16, 1987, citing Buck v.
Russon, No. 4489 25 F. Supp. 317].
Performance of duties. The legal exercise of the functions of the
person or his agent in authority. [Morenos Law Dict., 2000 Ed., p.
340].
Performance of illegal marriage ceremony. Crim. Law. The felony
committed by priests or ministers of any religious denomination or sect,
or civil authorities who shall perform or authorize any illegal marriage
ceremony. [Art. 352, RPC].
Performers. Actors, singers, musicians, dancers, and other persons who
act, sing, declaim, play in, interpret, or otherwise perform literary and
artistic work. [Sec. 202, RA 8293].
Perils of the seas. Also Perils of navigation. 1. All kinds of marine
casualties, such as shipwreck, foundering, stranding, collision and every
specie of damage done to the ship or goods at sea by the violent action
of the winds or waves. They do not embrace all loses happening on the
sea. [Choa Tiek Seng v. CA, GR 84507. March 15, 1990]. 2.
Extraordinary happenings of the seas, including stranding, sinking,
collision of the vessel, damage due to unusually heavy weather.
Ed., p. 109].
Period. Length of existence; duration. A point of time marking a
termination as of a cause or an activity; an end, a limit, a bound;
conclusion; termination. A series of years, months or days in which
something is completed. A time of definite length; the period from one
fixed date to another fixed date. [Capiral v. Manila Electric Co., 119
Phil. 124 (1963), cited in Moreno, Phil. Law Dict., 3rd Ed.].

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Period. Kinds: (a) suspensive period (ex die) where the obligation begins
only from a day certain upon the arrival of the period; (b) resolutory
period (in diem) in which the obligation takes effect at once but
terminates upon the arrival of the period; (c) legal period which is fixed
by law; (d) conventional or voluntary period which is agreed upon by
the parties; and (e) judicial period which is fixed by the courts. [Diaz,
Bus. Law Rev., 1991 Ed., p. 16].
Periodical. A publication which appears regularly but less often than
daily. [Glossary of Legal Terms (Pro-Se), 2004].
Periodic payment of plan certificate. (a) Any certificate, investment
contract, or other security providing for a series of periodic payments
by the holders, and representing an undivided interest in certain
specified securities or in a unit or fund of securities purchased wholly or
partly with the proceeds of such payments, and (b) any security the
issuer of which is also issuing securities of the character described in
clause (a) and the holder of which has substantially the same rights
and privileges as those which holders of securities of the character
described in said clause have upon completing the periodic payments
for which such securities provide. [Sec. 3, RA 2629].
Peripheral neuritis. A syndrome of sensory motor, reflect and
basomotor reflex symptoms produced by lesion of nerve root on
peripheral nerves. [Galanida v. ECC, GR L-70660. Sep. 24, 1987].
Perishable goods. Those which decay and lose their value if not
speedily put to their intended use. [Morenos Law Dict., 2000 Ed., p.
340].
Peritonitis. Massive infection, in the abdominal cavity. [People v. Ritter,
GR 88582. Mar. 5, 1991].
Perjury. 1. The willful and corrupt assertion of falsehood under oath or
affirmation administered by authority of law on a material matter.
[Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 479]. 2. The
criminal offense of making a false statement under oath. [Glossary of
Legal Terms (Pro-Se), 2004]. 3. An intentional lie given while under
oath or in a sworn affidavit. [Duhaime's Legal Dict., 2004].

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Perjury. Elements: (a) Statement in the affidavit upon material matter
made under oath; (b) The affiant swears to the truthfulness of the
statements is his affidavit before a competent officer authorized to
administer oath; (c) There is a willful and deliberate assertion of
falsehood; and (d) Sworn statement containing the falsity is required by
law. [People v. Bautista (C.A., 40 OG 2491)].
Permanent forest or forest reserves. Those lands of the public
domain which have been the subject of the present system of
classification and determined to be needed for forest purposes. [Sec. 3,
PD 705].
Permanent injunction. A court order requiring that some action be
taken, or that some party refrain from taking action. It differs from
forms of temporary relief, such as a temporary restraining order or
preliminary injunction. [Glossary of Legal Terms (Pro-Se), 2004].
Permanent partial disability. 1. It accrues or arises when the loss
reduction of earning capacity amounts to less than seventy-five percent
or when the aggregate loss or reduction of earning capacity resulting
from more than one injury and/or disease-amounts to less than one
hundred percent, as a result of an irrecoverable anatomical loss. [Sec.
2, PD 1146]. 2. A disability is partial permanent if as a result of the
injury or sickness the employee suffers a permanent partial loss of the
use of any part of his body. [Abaya v. ECC, GR 64255. Aug. 16, 1989,
citing Sec. 2, Rule VII, Amended Rules on Employees' Compensation].
Permanent Protection Order or PPO. Protection order issued by the
court after notice and hearing. [Sec. 16, RA 9262]. Compare with
Temporary Protection Order.
Permanent statute. A statute whose operation is not limited to a
particular period of time but which continues in force until it is duly
altered or repealed. E.g.: Labor Code. [Suarez, Stat. Con., (1993), p.
95]. Compare with Temporary statute.
Permanent total disability. 1. Disablement of an employee to earn
wages in the same kind of work, or work of a similar nature that she
was trained for or accustomed to perform, or any kind of work which a
person of her mentality and attainment could do. [Tolosa v. ECC, GR
60509, May 8, 1985, 136 SCRA 335, 340 citing Landicho v. WCC;
Marcelino v. 7-Up, GR L-30443, Oct. 31, 1972, 47 SCRA 343]. 2.

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Inability to do substantially all material acts necessary to prosecution of
an occupation for remuneration or profit in substantially customary and
usual manner. [Phil. Law Dict., 3rd Ed. (1988) citing Salonga v. GSIS,
57 OG 5722]. 3. The lack of ability to follow continuously some
substantially gainful occupation without serious discomfort or pain and
without material injury or danger to life. [Medina v. ECC, GR 62406,
Mar. 22, 1984, 128 SCRA 349, 356]. Compare with Temporary total
disability.
Permissive counterclaim. A counterclaim which does not arise out of
nor is necessarily connected with the subject matter of the opposing
party's claim. It is not barred even if not set up in the action. [Lopez v.
Gloria, 40 Phil. 26]. Compare with Compulsory counterclaim.
Permissive joinder of parties. The act of joining as plaintiffs or being
joined as defendants in one complaint all persons in whom or against
whom any right to relief in respect to or arising out of the same
transaction or series of transactions is alleged to exist, whether jointly,
severally, or in the alternative, where any question of law or fact
common to all such plaintiffs or to all such defendants may arise in the
action. [Sec. 6, Rule 3, RoC].
Permit. Not a contract, by its nature, but a special privilege. [Morenos
Law Dict., 2000 Ed., p. 341].
Permittee. The holder of an exploration permit. [Sec. 3, RA 7942].
Perpetuities, rule against. A common law rule that prevents
suspending the transfer of property for more then 21 years or a lifetime
plus 21 years. For example, if a will proposes the transfer of an estate
to some future date, which is uncertain, for either more than 21 years
after the death of the testator or for the life of a person identified in the
will and 21 years, the transfer is void. [Duhaime's Legal Dict., 2004].
Perpetuity. Forever; of unlimited duration. There is a strong bias in the
law against things that are to last in perpetuity. Rights that are to last
forever are said to hinder commerce as an impediment to the
circulation of property. That is why there is a rule against perpetuities.
Person. 1. Any entity, natural or juridical, including among others, a
corporation, partnership, trust or estate, joint stock company,

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association, syndicate, joint venture or other unincorporated
organization or group capable of acquiring rights or entering into
obligations. [Sec 3, RA 9165]. 2. Every natural or juridical being,
susceptible of rights and obligations or of being the subject of legal
relations. [Sec. 131, RA 7160]. 3. An individual, partnership,
association, corporation or any other combination of individuals. [Sec.
3, BP 39]. 4. An individual, trustee, receiver, or other fiduciary,
partnership, corporation, business trust or other association, and two
more persons having a joint or common interest. [Sec. 3, PD 115].
Personal action. An action brought for the recovery of personal
property, of the enforcement of some contract or recovery of damages
for the commission of an injury the person or property. [Hernandez v.
DBP, GR L-31095. June 18, 1976]. Compare with Real action.
Personal canvass. A mode of procurement allowed as an exception to
public bidding whereby designated canvassers request price quotations
from at least three (3) responsible suppliers in the locality. [IRR on
Personal cultivation. Cultivation by the lessee or lessor in person
and/or with the aid of labor from within his immediate household. [Sec.
166, RA 3844].
Personal easement. A restrictive covenant, annotated on the title,
against erecting any building within a specified distance from a given
line, and constituting a limitation on ownership, imposed by the party
transmitting property by contract or imposed by the owner itself.
Personal health services. Health Services in which benefits accrue to
the individual person. These are categorized into inpatient and
outpatient services. [Sec. 1, RA 9241].
Personal holding company income. The portion of the gross income
which consists, inter alia, of dividends, without any qualification at all
as to the term dividends, i.e., all dividends earned by the company
whether or not such dividends have already been subject to the 10%
final tax. [Morenos Law Dict., 2000 Ed., p. 342].

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Personality to sue, lack of. It refers to the fact that the plaintiff is not
the real party in interest. [Columbia Pictures v. CA, GR 110318. Aug.
28, 1996]. Compare with Capacity to sue, lack of.
Personal jurisdiction. Pol. Law. The power of jurisdiction of the state
over its nationals, which may be exercised by the state even if the
individual is outside the territory of the state. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 34].
Personal liability. Corp. Law. Personal liability of a corporate director,
trustee or officer along (although not necessarily) with the corporation
may so validly attach, as a rule, only when (a) he assents (1) to a
patently unlawful act of the corporation, or (2) for bad faith, or (3) for
conflict of interest, resulting in damages to the corporation, its
stockholders or other persons; (b) he consents to the issuance of
watered stocks or who, having knowledge thereof, does not forthwith
file with the corporate secretary his written objection thereto; (c) he
agrees to hold himself personally and solidarily liable with the
corporation; or (d) he is made, by a specific provision of law, to
personally answer for his corporate action. [Tramat Mercantile, Inc. v.
CA, GR 111008. Nov. 7, 1994].
Personal novation. Also Subjective novation. The extinguishment of
an obligation by a subsequent one which terminates it, either by
substituting a new debtor in place of the old one, or by subrogating a
third person to the rights of the creditor. [Caned v. CA, GR 81322. Feb.
5, 1990]. Compare with Real novation or Objective Novation.
Personal property. Anything a person owns other than real estate.
Personal recognizance. In criminal proceedings, the pretrial release of
a defendant without bail upon his promise to return to court. [Glossary
of Legal Terms (Pro-Se), 2004]. See also Recognizance.
Personal representative. The person who administers an estate. If
named in a will, that person's title is an executor. If there is no valid
will, that person's title is an administrator. [Glossary of Legal Terms
(Pro-Se), 2004].
Personal service of pleadings and other papers. Service of papers
made by delivering personally a copy thereof to the party or his

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counsel, or by leaving it in his office with his clerk or with a person
having charge thereof. If no person is found in his office, or his office is
not known, or he has no office, then by leaving the copy, between the
hours of eight in the morning and six in the evening, at the party's or
counsel's residence, if known, with a person of sufficient age and
discretion then residing therein. [Sec. 6, Rule 13, RoC].
Personal service of summons. Handing a copy of the summons to the
defendant in person, whenever practicable, or, if he refuses to receive
and sign for it, by tendering it to him. [Sec. 6, Rule 14, RoC].
Personal servitude. A servitude constituted not in favor of a particular
tenement (a real servitude) but rather, for the benefit of the general
public. In a personal servitude, there is therefore no owner of a
dominant tenement to speak of, and the easement pertains to persons
without a dominant estate, in this case, the public at large. [Solid
Manila Corp. v. Bio Hong Trading, GR 90596. Apr. 8, 1991].
Personal tax. Tax of fixed amount upon all persons of a certain class
within the jurisdiction without regard to property, occupation or
business in which they may be engaged. [Claridades, A., Compilation of
Notes, 2001-2006].
Personal union. Intl. Law. It comes into being when two or more states
are brought together under the same monarch, who nevertheless does
not constitute one international person for the purpose of representing
all of them. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Compare with
Real union.
Person in authority. 1. Any person directly vested with jurisdiction,
whether as an individual or as a member of some court or
governmental corporation, board or commission. 2. Any person directly
vested with jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board, or commission. A
barrio captain and a barangay chairman shall also be deemed a person
in authority. In applying the provisions of Art. 148 and 151 of the Rev.
Penal Code, teachers, professors and persons charged with the
supervision of public or duly recognized private schools, colleges and
universities, and lawyers in the actual performance of their professional
duties or on the occasion of such performance, shall be deemed
persons in authority. [Art. 152, RPC, as amended by PD 299 and BP
873].

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Person liable for tax. A person subject to tax and properly considered
a taxpayer. [Comm. of Int. Rev. v. Procter & Gamble Phil.
Manufacturing Corp., GR 66838. Dec. 2, 1991].
Personnel action. The movement of personnel in the civil service and
includes appointment through certification, promotion, transfer,
reinstatement, re-employment, detail, reassignment, demotion, and
separation. [Cruz v. CA, GR 119155. Jan. 30, 1996].
Personnel officer. The highest Administrative Officer/Human Resource
Management Officer in the unit, section or department and/or agency
or any person acting in such capacity as authorized by the head of
office. [CSC Circ. 43-91].
Personnel or staff of illegal numbers game operation. Any person,
who acts in the interest of the maintainer, manager or operator, such
as, but not limited to, an accountant, cashier, checker, guard, runner,
table manager, usher, watcher, or any other personnel performing such
similar functions in a building structure, vessel, vehicle, or any other
place where an illegal numbers game is operated or conducted. [Sec. 2,
RA 9287].
Persons primarily liable on instrument. Nego. Inst. The person who,
by the terms of the instrument, is absolutely required to pay the same.
All other parties are "secondarily" liable. [Sec. 192, NIL].
Person with HIV. An individual whose HIV test indicates, directly or
indirectly, that he/she is infected with HIV. [Sec. 4, RA 8496].
Per stirpes. Lat. By roots or stocks; by representation. [Blacks Law
Dict., Abr. 5th Ed. (1983), 5971]. Compare with Per capita.
Pesada. A receipt issued by copra dealer for the purchase of coconut
and copra. [Morenos Law Dict., 2000 Ed., p. 343].
Pesticide. Any substance or product, or mixture thereof, including active
ingredients, adjuvants, and pesticide formulations, intended to control,
prevent, destroy, repel or mitigate directly or indirectly, any pest. The
term shall be understood to include insecticide, fungicide, bactericide,
nematocide, herbicide, molluscicide, avicide, rodenticide, plant
regulator, defoliant, desciccant and the like. [Sec. 3, PD 1144].

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Pest infested. A tree severely damaged by rhino beetle, spike month,
caterpillar and other destructive insects and animals. [Sec. 3, PCA
Admin. Order 1-95].
Petition. 1. Rem. Law. The formal, written document submitted to a
court, and which asks for the court to redress what is described in the
petition as being an injustice of some kind. Petitions set out the facts,
identifies the law under which the court is being asked to intervene,
and ends with a suggested course of action for the court to consider
(e.g., payment of damages to the plaintiff). [Duhaime's Legal Dict.,
2004]. 2. Elec. Laws. The written instrument containing the proposition
and the required number of signatories. It shall be in a form to be
determined by and submitted to the Commission on Elections. [Sec. 3,
RA 6735].
Petitioner. The person filing an action in a court of original jurisdiction.
Also, the person who appeals the judgment of a lower court. [Glossary
of Legal Terms (Pro-Se), 2004]. See Respondent.
Petition for relief from judgment. Rem. Law. A special remedy in
which equity and justice justify the grant to give the petitioner a last
chance to defend his right or protect his interest. It is available only
after a decision or judgment from which relief is sought has became
final and executory. [Garcia v. CA, GR 96141. Oct. 2, 1991].
Petroleum. 1. The naturally occurring mixture of compounds of
hydrogen and carbon with a small proportion of impurities and shall
include any mineral oil, petroleum gas, hydrogen gas, bitumen, asphalt,
mineral wax, and all other similar or naturally-associated substances,
with the exception of coal, peat, bituminous shale and/or other
stratified mineral fuel deposits. [Sec. 4, RA 8479]. 2. Any mineral oil
hydrocarbon gas, bitumen, asphalt, mineral gas and all other similar or
naturally associated substances with the exception of coal, peat,
bituminous shale and/or other stratified mineral fuel deposits. [Sec. 3,
PD 87].
Petroleum Act of 1949. RA 387, as amended, entitled An Act to
promote the exploration, development, exploitation, and utilization of
the petroleum resources of the Philippines; to encourage the
conservation of such petroleum resources; to authorize the Sec. Of
Agriculture And Natural Resources to create an Administration Unit and

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a Technical Board in the Bureau of Mines; to appropriate funds
therefor; and for other purposes enacted on June 18, 1949.
Petroleum in commercial quantity. Petroleum in such quantities
which will permit its being economically developed as determined by
the contractor after taking into consideration the location of the
reserves, the depths and number of wells required to be drilled and the
transport and terminal facilities needed to exploit the reserves which
have been discovered. [Sec. 3, PD 87].
Petroleum operations. Searching for and obtaining petroleum within
the Philippines through drilling and pressure or suction or the like, and
all other operations incidental thereto. It includes the transportation,
storage, handling and sale (whether for export or for domestic
consumption) of petroleum so obtained but does not include any: (a)
transportation of petroleum outside the Philippines; (b) processing or
refining at a refinery; or (c) any transactions in the products so refined.
[Sec. 3, PD 87].
Petroleum products. Products formed in the course of refining crude
petroleum through distillation, cracking, solvent refining and chemical
treatment coming out as primary stocks from the refinery such as, but
not limited to: LPG, naphtha, gasolines, solvent, kerosenes, aviation
fuels, diesel oils, fuel oils, waxes and petrolatums, asphalt, bitumens,
coke and refinery sludges, or such refinery petroleum fractions which
have not undergone any process or treatment as to produce separate
chemically-defined compounds in a pure or commercially pure state and
to which various substances may have been added to render them
suitable for particular uses: Provided, That the resultant product
contains not less than fifty percent (50%) by weight of such petroleum
products. [Sec. 4, RA 8479].
Pettifogger. A petty or underhanded lawyer or an attorney who sustains
a professional livelihood on disreputable or dishonorable business. The
word has also taken on an common usage definition referring to
anyone prone to quibbling over details. [Duhaime's Legal Dict., 2004].
Petty offense. A minor crime and for which the punishment is usually
just a small fine or short term of imprisonment. [Duhaime's Legal Dict.,
2004].
Pharmaceutical laboratory. See Drug laboratory.

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Pharmaceuticals, proprietary medicines or pharmaceutical
specialties. Any drug, preparation or mixture of drugs marked under a
trade name and intended for the cure, mitigation or prevention of
disease in man or animals. [Sec. 42, RA 5921].
Pharmacy or drug store. A place or establishment where drugs,
chemical products, active principles of drugs, pharmaceuticals,
proprietary medicines or pharmaceutical specialties, devices, and
poisons are sold at retail and where medical, dental and veterinary
prescriptions are compounded and dispensed. [Sec. 42, RA 5921].
Pharmacy, practice of. A person shall be deemed to be practicing
pharmacy who shall, for fee, salary, percentage or other reward paid or
given directly to himself or indirectly through another, prepare or
manufacture, analyze, assay, preserve, store, distribute or sell any
medicine, drug, chemicals, cosmetics, pharmaceuticals, devices or
contrivances used in pursuance thereof; or render pharmaceutical
service in any office or drug and cosmetic establishment where
scientific, technological or professional knowledge of pharmacy is
applied; or engage in teaching scientific, technological or professional
pharmacy subject in a college of pharmacy; or conduct or undertake
scientific pharmaceutical research for biological and bacteriological
testings and examinations. [Sec. 23, RA 5921].
Philippine AIDS Prevention and Control Act of 1998. RA 8504
entitled An act promulgating policies and prescribing measures for the
prevention and control of HIV/AIDS in the Philippines, instituting a
nationwide HIV/AIDS information and educational program, establishing
a comprehensive HIV/AIDS monitoring system, strengthening the
Philippine National AIDS Council, and for other purposes enacted on
Feb. 13, 1998.
Philippine Amusements and Gaming Corporation (PAGCOR). A
government corporation created by virtue of PD 1067-A dated Jan. 1,
1977 and granted a franchise under PD 1067-B also dated Jan. 1, 1977
"to establish, operate and maintain gambling casinos on land or water
within the territorial jurisdiction of the Philippines. [Basco v. PAGCOR,
GR 91649. May 14, 1991].

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Philippine Carabao Act of 1992. RA 7307 entitled An Act creating the
Philippine Carabao Center to propagate and promote the Philippine
carabao and for other purposes enacted on Mar. 27, 1992.
Philippine corporation. A corporation organized under Philippine laws
at least sixty per cent of the capital of which is owned and held by
citizens of the Philippines. [Sec. 3, PD 87].
Philippine energy plan (PEP). The overall energy program formulated
and updated yearly by the DOE for submission to Congress pursuant to
RA 7638. [Sec. 4, RA 9136].
Philippine Environment Code. PD 1152 signed into law on June 6,
1977.
Philippine Extradition Law. PD 1069 entitled Prescribing the
procedure for the extradition of persons who have committed crimes in
a foreign country signed into law on Jan. 13, 1977.
Philippine Fisheries Code of 1998, The. RA 8550 entitled An Act
providing for the development, management and conservation of the
fisheries and aquatic resources, integrating all laws pertinent thereto,
and for other purposes enacted on Feb. 25, 1998.
Philippine flag vessel. A vessel or watercraft registered under
Philippine laws. [Sec. 3, PD 474].
Philippine highway. Any road, street, passage, highway and bridges or
any part thereof, or railway or railroad within the Philippines, used by
persons or vehicles, or locomotives or trains for the movement or
circulation of persons or transportation of goods, articles or property or
both. [Sec. 2, PD 532].
Philippine languages. The indigenous languages of the Philippines,
including the national language and the regional and local languages.
[Sec. 3, RA 7104].
Philippine Librarianship Act. RA 6966 entitled An Act regulating the
practice of librarianship and prescribing the qualifications of librarians

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Philippine Medical Care Commission. The Philippine Medical Care
Commission created under RA 6111, as amended. [Sec. 1, RA 9241].
Philippine Midwifery Act of 1992. RA 7392 entitled An Act revising
Republic Act No. 2644, as amended, otherwise known as the Philippine
Midwifery Act enacted on Apr. 10, 1992.
Philippine Mining Act of 1995. RA 7942 entitled An Act instituting a
new system of mineral resources exploration, development, utilization,
and conservation enacted on Mar. 3, 1995.
Philippine national. A citizen of the Philippines; or a partnership or
association wholly owned by and composed of citizens of the
Philippines; or a corporation organized under the laws of the Philippines
of which at least sixty per cent of the capital stock outstanding and
entitled to vote is owned and held by Philippine citizens; or a trustee of
funds for pensions or other employee retirement or separation benefits,
where the trustee is a Philippine national and at least sixty per cent of
the funds will accrues to the benefit of the Philippine nationals:
Provided, That where a corporation and its non-Filipino stockholders
own stock in an enterprise, at least sixty percent of the members of the
governing board of both corporations must be Philippine nationals.
[Sec. 3, PD 474].
Philippine national drug formulary. The essential drugs list for the
Philippines which is prepared by the National Drug Committee of the
DOH in Consultation with experts and specialists from organized
profession medical societies, medical academe and the pharmaceutical
industry, and which is updated every year. [Sec. 1, RA 9241].
Philippine National Police Reform and Reorganization Act of
1998. RA 8551 entitled An Act providing for the reform and
reorganization of the Philippine National Police and for other purposes,
amending certain provisions of Republic Act Numbered Sixty-Nine
Hundred and Seventy-Five entitled, "An Act establishing the Philippine
National Police under a re-organized Department of the Interior and
Local Government, and for other purposes enacted on Feb. 25, 1998.
Philippine Overseas Shipping Development Act. RA 7471 entitled
An Act to promote the development of Philippine overseas shipping
enacted on May 5, 1992.

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Philippine passport. An official document of identity of Philippine
citizenship of the holder issued for travel purposes. [Sec. 48, Title 1,
Chap. I, EO 292].
Philippine Reports. Abbrev. Phil. Publication of court decisions of the
Supreme Court from 1901 to 1960. [Claridades, A., Compilation of
Notes, 2001-2006].
Philippine science high schools (PSHS). Secondary schools offering
scholarships to deserving students who shall be admitted and trained
under a curriculum specially designed to prepare them for careers in
Science and Technology (S&T). [Sec. 4, RA 8496].
Philippine Science High School (PSHS) System Act of 1997. RA
8496 entitled An Act to establish the Philippine Science High School
System and providing funds therefor enacted on Feb. 12, 1998.
Philippines shipping companies. Philippine nationals registered and
licensed under the laws of the Philippines to engage in the business of
overseas and/or domestic water transportation. [Sec. 3, PD 474].
Philippine Sports Commission Act, The. RA 6847 entitled An Act
creating and establishing the Philippine Sports Commission, defining its
powers, functions and responsibilities, appropriating funds therefor, and
for other purposes enacted on Jan. 24, 1990.
Philippine Teachers Professionalization Act of 1994. RA 7836
entitled An act to strengthen the regulation and supervision of the
practice of teaching in the Philippines and prescribing a licensure
examination for teachers and for other purposes enacted on Dec. 16,
1994.
Philippine Tourism Authority (PTA). The agency created under PD
189 to implement the policies and programs of the Department of
Tourism (DOT). [Claridades, A., Compilation of Notes, 2001-2006].
Philippine Veterans Administration Office (PVAO). The agency
created under RA 2664 which administers a system of benefits for
Filipino veterans and their dependents.
Philippine waters. 1. All bodies of water within the Philippine territory
such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons,

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gulfs, bays and seas and other bodies of water now existing or which
may hereafter exist in the provinces, cities, municipalities, and
barangays and the waters around, between and connecting the islands
of the archipelago regardless of their breadth and dimensions, the
territorial sea, the sea beds, the insular shelves, and all other waters
over which the Philippines has sovereignty and jurisdiction including the
200-nautical miles Exclusive Economic Zone and the continental shelf.
[Sec. 4, RA 8550]. 2. All bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of the Islands
of the Philippine Archipelago, irrespective of its depth, breadth, length
or dimension, and all other waters belonging to the Philippines by
historic or legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction. [Sec. 3, PD 704; Sec. 1, PD 534; Sec. 2, PD
532].
Philippine waters, classification or reclassification of. The
categorization of all water bodies taking into account, among others,
the following: (a) Existing quality of the body of water; (b) size, depth,
surface area covered, volume, direction, rate of flow and gradient of
stream; (c) most beneficial existing and future use of said bodies of
water and lands bordering them, such as for residential, agricultural,
aquacultural, commercial, industrial, navigational, recreational, wildlife
conservation and aesthetic purposes; and (d) vulnerability of surface
and groundwater to contamination from pollutive and hazardous
wastes, agricultural chemicals and underground storage tanks of
petroleum products. [Sec 4, RA 9275].
Phobia. Legal Med. An excessive, irrational and uncontrollable fear of a
perfectly natural situation or object. [Olarte, Legal Med., 1st Ed.
(2004), p. 150].
Phobic disorders. Legal Med. This involves persistent, unrealistic and
intense anxiety in response to specific external situations. [Olarte, Legal
Med., 1st Ed. (2004), p. 127].
Physiatrist. A legally qualified and licensed physician specializing in the
practice of rehabilitation medicine.
Physical condition. The tangible state of the property. [Memo. from
the Exec. Sec. dated Aug. 20, 1998].

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Physical injuries. Bodily injuries. In its generic sense, the term includes
homicide through reckless imprudence. [Morenos Law Dict., 2000 Ed.,
p. 344].
Physical injuries inflicted in a tumultuous affray. Crim. Law. The
felony committed when in a tumultuous affray as referred to in Art. 251
of the Rev. Penal Code, only serious physical injuries are inflicted upon
the participants thereof and the person responsible thereof cannot be
identified. [Art. 252, RPC].
Physical law. Universal rule of action that governs the conduct and
movement of things which are non-free and material. [Suarez, Stat.
Con., (1993), p. 37].
Physically neglected child. There is physical neglect when the child is
malnourished, ill clad and without proper shelter. [Art. 141, PD 603].
Physical therapy. The art and science of treatment by means of
therapeutic exercises, heat, cold, light, water, manual manipulation,
electricity, and other physical agents. [Sec. 2, RA 5680].
Physical therapy technician. A person, who not having acquired a
bachelor's degree in Physical Therapy is qualified through in-service
training and practical experience to assist in the application of
physiotherapeutic procedures and to undertake specific assignments as
directed by a qualified physical therapist in carrying out the prescription
of a licensed physician. Such assignments shall be confined within the
limits of a hospital or institution of employment. [Sec. 2, RA 5680].
Physical violence. Acts that include bodily or physical harm. [Sec. 3, RA
9262].
Physician-patient privilege. This privilege is intended to facilitate and
make safe full and confidential disclosure by the patient to the
physician of all facts, circumstances and symptoms, untrammeled by
apprehension of their subsequent and enforced disclosure and
publication on the witness stand, to the end that the physician may
form a correct opinion, and be enabled safely and efficaciously to treat
his patient. [Lim v. CA, GR 91114. Sep. 25, 1992].

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Physicians sample. Medicine given free to members of the medical
profession by drug manufacturers. [Morenos Law Dict., 2000 Ed., p.
343].
Picket. To object publicly, on or adjacent to the employer's premises, to
an employer's labor practices, goods or services. The most common
form of picketing is patrolling with signs. [Duhaime's Legal Dict., 2004].
Picketing. Labor. The marching to and fro at the employer's premises,
usually accompanied by the display of placards and other signs making
known the facts involved in a labor dispute. [Ilaw at Buklod ng
Manggagawa v. NLRC, GR 91980. June 27, 1991].
Picul. 1. The customary unit of weight of bulk sugar for the purpose of
sale. [Yu Tek & Co. v. Gonzalez, GR 9935. Feb. 1, 1915]. 2. It is
equivalent to 63 kilograms and a fraction. [Aldamis v. Leuterio, GR
L-3587. Oct. 2, 1907].
Piece of work, contract for a. 1. A contract whereby the contractor
binds himself to execute a piece of work for the employer, in
consideration of a certain price or compensation. The contractor may
either employ only his labor or skill, or also furnish the material. [Art.
1713, CC]. 2. A contract for the delivery at a certain price of an article
or goods which are to be manufactured specially for the customer and
upon his special order, and not for the general market. [Engg &
Machinery Corp. v. CA, GR 52267. Jan. 24, 1996, citing Art. 1467, CC
and Vitug, Compendium on Civil Law and Jurisp., 1993 ed., p. 581].
Pier. Any structure built into the sea but not parallel to the coast line and
includes any stage, stair, landing place, landing stage, jetty, floating
barge or pontoon, and any bridge or other works connected therewith.
[Sec. 3, PD 857].
Piercing the veil of corporate entity (or fiction) doctrine. The
doctrine used whenever a court finds that the corporate fiction is being
used to defeat public convenience, justify wrong, protect fraud, or
defend crime, or to confuse legitimate issues, or that a corporation is
the mere alter ego or business conduit of a person or where the
corporation is so organized and controlled and its affairs are so
conducted as to make it merely an instrumentality, agency, conduit or
adjunct of another corporation. Also known as Disregarding the

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fiction of corporate entity or the Doctrine of corporate alter
ego.
Piercing the veil of corporate entity or fiction. Elements: 1. Control,
not mere majority or complete stock control, but complete domination,
not only of finances but of policy and business practice in respect to the
transaction attacked so that the corporate entity as to this transaction
had at the time no separate mind, will or existence of its own; 2. Such
control must have been used by the defendant to commit fraud or
wrong, to perpetuate the violation of a statutory or other positive legal
duty, or dishonest and unjust act in contravention of plaintiff's legal
rights; and 3. The aforesaid control and breach of duty must
proximately cause the injury or unjust loss complained of. [Fletcher
Cyc. Corp., p. 490; Ramoso v. Gen. Credit Corp., SEC AC No. 295, Oct.
6, 1992].
Pier head line. The limiting line beyond which piers may not be
extended. [Sec. 3, RA 4663].
Pig. An animal commonly known to be eating dirty matters. Calling a
man pig is libelous. [Morenos Law Dict., 2000 Ed., p. 344].
Pilapil. Tag. A narrow earthen barrier. [US v. Ramos, GR 10832. Dec.
11, 1916].
Pimp (alcahuete). Sp. One who provides gratification for the lust of
others; a procurer; a panderer. [US v. Cruz, GR 13288. Sep. 25, 1918,
citing 6 Words and Phrases, 5379].
Pinagsamantalahan. Tag. 1. Taken advantage of. [Lopez v. People, GR
L-47469. Dec. 29, 1978]. 2. Abused. [People v. Palma, GR L-69152.
Sep. 23, 1986].
Pine forest. A forest composed of the Benguet Pine in the Mountain
Provinces or the Mindoro pine in Mindoro and Zambales provinces.
[Sec. 3, PD 705].
Pioneer enterprise. A registered enterprise (a) engaged in the
manufacture, processing, or production, and not merely in the
assembly or packaging, of goods, products, commodities or raw
materials that have not been or are not being produced in the
Philippines on a commercial scale; or (b) which uses a design, formula,

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scheme, method, process or system of production or transformation of
any element, substance or raw materials into another raw material or
finished good which is new and untried in the Philippines: Provided,
That the final product involves or will involve substantial use and
processing of domestic raw materials, whenever available. [Sec. 3, RA
5186].
Pipe line concession. A concession which grants to the concessionaire
the right to provide and operate pipe line systems for transporting
petroleum. [Art. 10, RA 387].
Piracy. 1. Any attack upon or seizure of any vessel, or the taking away
of the whole or part thereof or its cargo, equipment, or the personal
belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or
force upon things, committed by any person, including a passenger or
member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and
punished as hereinafter provided. [Sec. 2, PD 532]. 2. Robbery or
forcible depredation on the high seas, without lawful authority and
done animo furandi and in the spirit and intention of universal hostility.
It is a crime not against any particular State but against all mankind. It
may be punished in the competent tribunal of any country where the
offender may be found or into which he may be carried. The jurisdiction
of piracy unlike all other crime has no territorial limits. [People v. Lol-lo,
GR L-17958. Feb. 27, 1922]. Compare with Mutiny.
Piso. Tag. 1. One peso; Philippine currency. 2. In illegal drug parlance, it
means one hundred pesos. [People v. Tranca, GR 110357. Aug. 17,
1994].
Placement fees. The amount charged by a private employment agency
from an applicant worker for its services in the recruitment and
placement of said worker. [Sec. 1, Rule 1, IRR of LC].
Placement officer. A person practising the allied medical profession or
discipline specialized in psychology of the handicapped and whose
responsibility is to personally advise and guide the disabled individual to
acceptance into a job. [Sec. 1, Rule 9, Rules on Employees
Compensation].

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844
Placer claim. That which does not come under the definition of Lode
mineral claim. [Sec. 18, PD 464].
Placer deposits. Those which are in loose, fragmentary or broken
rocks, boulders, floats, beds or deposits. [Sec. 18, PD 464].
Plain-meaning rule. Also Verba legis. Stat. Con. 1. The rule that
when the words of a statute are clear, plain and free from ambiguity, it
must be given its interpretation. [Fianza v. PLEB, GR 109638. Mar. 31,
1995]. 2. The valid presumption that the words employed by the
legislature in a statute correctly express its intent or will and preclude
the court from construing it differently. The legislature is presumed to
know the meaning of the words, to have used words advisedly, and to
have expressed its intent by the use of such words as are found in the
statute. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701
(1992)]. 3. A statute or treaty is to be interpreted only from the words
contained within the statute or treaty. [Intl. Law Dict. & Direct., 2000].
See Verba legis non est recedendum.
Plaintiff. 1. The term may refer to the claiming party, the
counter-claimant, the cross-claimant, or the third (fourth, etc.) party
plaintiff. [Sec. 1, Rule 3, RoC]. 2. A person who brings an action; the
party who complains or sues in a civil action. [Glossary of Legal Terms
(Pro-Se), 2004]. See Complainant.
Plain view doctrine. The warrantless search and seizure, as an incident
to a suspect's lawful arrest, may extend beyond the person of the one
arrested to include the premises or surroundings under his immediate
control. Objects in the plain view of an officer who has the right to be
in the position to have that view are subject to seizure and may be
presented as evidence. [People v. Musa, GR 96177. Jan. 27, 1993].
Plan. The plan for securitization as approved by the SEC. [Sec. 3, RA
9267].
Plantation. A tract of agricultural land planted to trees or seedlings
whether fruit bearing or not, uniformly spaced or seeded by broadcast
methods or normally arranged to allow highest production. [Art. 243,
IRR, LGC].

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845
Plantation agricultural enterprise. One engaged in agriculture within
an area of more than 24 hectares in a locality and/or which employs at
least 20 workers. [Sec. 1, Rule 7, Book 3, IRR of LC].
Planter in bad faith. A planter who plants knowing that the land does
not belong to him and he has no right to plant thereon. [Morenos Law
Dict., 2000 Ed., p. 345].
Planting rice. The phrase merely refers to the setting of the palay
seedlings in the ground for growth, and uprooting the seedlings
preparatory to transplanting and final harrowing do not constitute part
of the work. [Atayde v. De Guzman, GR L-10578. Mar. 25, 1958].
Plant pest. Any form of plant or animal life, or any pathogenic agent,
injurious or potentially injurious to plants and/or plant products. [Sec.
2, PD 1433].
Plant products. Products derived from plants, either in their natural
state or in manufactured or processed form and are capable of
harboring plant pests. [Sec. 2, PD 1433].
Plants. It shall comprise living plants and parts thereof, including seeds,
cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and
others that are capable of propagation. [Sec. 2, PD 1433].
Playground. See Park.
Plea. The first pleading by a criminal defendant, the defendant's
declaration in open court that he is guilty or not guilty. The defendant's
answer to the charges made in the indictment or information. [Glossary
Plea bargaining. 1. The defendants pleading guilty to a lesser offenses
or to only one or some of the counts of a multi-count indictment in
return for a lighter sentence than that for the graver charge. [People v.
Villarama, 210 SCRA 246 (1992), citing Black's Law Dict., 5th Ed., 1979,
p. 1037]. 2. Process where the accused and the prosecutor in a criminal
case work out a satisfactory disposition of the case, usually by the
accused agreeing to plead guilty to a lesser offense. Such bargains are
not binding on the court. Also referred to as plea negotiating. [Glossary

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Pleadings. 1. The written allegations of the parties of their respective
claims and defenses submitted to the court for trial and judgment.
[Sec. 1, Rule 6, RoC]. 2. That part of a party's case in which he
formally sets out the facts and legal arguments which support that
party's position. Pleadings can be in writing or they can be made
verbally to a court, during the trial. [Duhaime's Legal Dict., 2004].
Plea of guilty. A judicial confession of guilt an admission of all the
material facts alleged in the information, including the aggravating
circumstances. [People v. Ariola, 100 SCRA, 523].
Plea of guilty. The requisites of the mitigating circumstance of
voluntary plea of guilty are: (a) that the offender spontaneously
confessed his guilt; (b) that the confession of guilt was made in open
court, that is, before the competent court that is to try the case; and
(c) that the confession of guilt was made prior to the presentation of
evidence for the prosecution. [People v. Crisostomo, 160 SCRA 47
(1988)].
Plebiscite. From Lat. plebiscitum: decree of the common people. Const.
Law. 1. The electoral process by which an initiative on the Constitution
is approved or rejected by the people. [Sec. 3, RA 6735]. 2. Vote by
which all of the people of a state or territory express an opinion for or
against a proposal, especially a proposal as to the choice of a
government. [Intl. Law Dict. & Direct., 2004]. Compare with
Referendum.
Pledge. A contract by virtue of which the debtor delivers to the creditor
or to a third person a movable or a document evidencing incorporeal
rights for the purpose of securing the fulfillment of a principal
obligation, with the understanding that when the obligation is fulfilled,
the thing delivered shall be returned with all its fruits and accessions.
[De Leon, Comments and Cases on Credit Trans., 1999 Ed., p. 322,
citing Arts. 2094 and 2095, CC]. Compare with Mortgage.
Pleins pouvoirs. See Full powers.
Plenipotentiary. A person who has full power to do something. In
international law, a senior diplomatic officer commissioned to act for his
or her government. A minister plenipotentiary is one who by custom
ranks immediately below an ambassador and is of the same rank as an
envoy extraordinary. [Intl. Law Dict. & Direct., 2004].

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Plot. See Lot.
Plunder. A crime committed by public officer who, by himself or in
connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Sec. 1 (d) of
RA 7080 in the aggregate amount or total value of at least
P50,000,000.00. The crime is punishable by reclusion perpetua to
death. [Sec. 2, RA 7080, as amended].
Plurality of crimes. Also Concurso de delitos. This occurs when the
actor commits various delictual acts of the same or different kind.
[Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev. Penal
Code, Aquino, Vol. I 1961 Ed., at 555-56].
Plurality of subjects. Succ. It means that two or more persons must be
instituted as heirs, legatees or devisees. [Jurado, Comments & Jurisp.
on Succession, 1991 8th Ed., p. 459]. Compare with Unity of object.
Plurality opinion. An opinion to which less than a majority agree on the
reasoning of the decision, but to which a majority agree on the result.
PNP. Philippine National Police. Established under RA 6975.
PNP law. See Department of the Interior and Local Government
Act of 1990.
PNR. Philippine National Railways. Created under RA 4156.
PNR charter. RA 4156, as amended by RA 6366 and PD 741. [Malong v.
PNR, GR L-49930. Aug. 7, 1985].
Poach. To kill or take an animal or fish from the property of another.
Point-blank. The term refers merely to the aim directed straight toward
a target and has no reference to the distance between the gun and the
target. [People v. Trinidad, GR 79123-25. Jan. 9, 1989, citing Webster's
3rd New Intl. Dict.].

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848
Point-of-sale. Any location at which an individual can purchase or
otherwise obtain tobacco products. [Sec. 4, RA 9211].
Point-shaving. Any such arrangement, combination, scheme or
agreement by which the skill or ability of any player or participant in a
game, races or sports contests to make points or scores shall be limited
deliberately in order to influence the result thereof in favor of one or
other team, player or participant therein. [Sec. 1, PD 483].
Points or questions of order. Legislative devices used in requiring the
House or any of its Members to observe its own rules and to follow
regular or established parliamentary procedure. In effect, they are
either objections to pending proceedings as violative of some of those
rules or demands for immediate return to the aforementioned
parliamentary procedure. [Arroyo v. De Venecia, GR 127255. June 26,
1998, citing Pareja, Parliamentary Guidelines: House of Reps. 33
(1969).
Point source. Any identifiable source of pollution with specific point of
discharge into a particular water body. [Sec 4, RA 9275].
Poison. Any drug, active principle, or preparation of the same, capable
of destroying life or seriously endangering health when applied
externally to the body or introduced internally in moderate doses. [Sec.
42, RA 5921].
Poisonous. Any substance or materials, except medicinal drug, either
liquid, solid or gaseous, which through chemical reactions kills, injuries
or impairs a living organism or person, and shall include but not limited
to alkyl isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine, bromobenzyle
cyanide, bromoacetone and other similar substances or materials. [Sec.
5, RA 6235].
Poisonous substance. Any substance capable of destroying life or
seriously endangering health when applied externally to the body or
introduced internally in moderate doses. [Art. 4, RA 7394].
Pole. A long, comparatively slender usually cylindrical piece of wood or
timber, as typically, the stem of a small tree stripped of its branches;
also, by extension, a similar typically cylindrical piece or object of metal

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or the like. An upright standard to the top of which something is affixed
or by which something is supported; as a dovecote set on a pole;
telegraph poles; a tent pole; sometimes, specifically, a vessel's mast.
[Board of Assessment Appeals v. Manila Electric Co., GR L-15334. Jan.
31, 1964, citing Webster's New Intl. Dict., 2nd Ed. p. 1907].
Police. An organized civil force for maintaining order, preventing and
detecting crime, and enforcing the law. [City Mayor v. Chief, Phil.
Constabulary, GR L-20346. Oct. 31, 1967].
Police blotter. A book which records criminal incidents reported to the
police. [Moreno, Phil. Law Dict., 708, 3rd Ed., citing People v.
Panganiban, 20772-CR, Dec. 6, 1979].
Police line-up. 1. A police identification procedure by which the suspect
to a crime is exhibited, along with others, before the victim or witness
to determine if he committed the offense. [Blacks Law Dict., Abr. 5th
Ed. (1983), 478]. 2. It is not part of the custodial investigation where
the suspects had not yet been held then to answer for the criminal
offense with which they were later charged and convicted. [People v.
Timple, GR 100391-92. Sep. 26, 1994].
Police of the state. In a comprehensive sense, the term embraces its
whole system of internal regulation for the preservation of public order
and prevention of offenses against the state. [City Mayor v. Chief, Phil.
Constabulary, GR L-20346. Oct. 31, 1967].
Police power. 1. The power inherent in the State to regulate liberty and
property for the promotion of the general welfare. 2. [Ermita-Malate
Hotel & Motel Operators Ass. v. City Mayor, 20 SCRA 849]. The state
authority to enact legislation that may interfere with personal liberty or
property in order to promote the general welfare. In its exercise, the
State may impose appropriate impositions or restraints upon liberty or
property in order to foster the common good. [Edu v. Ericta, 35 SCRA
481 (1970)].
Police power. Essential elements: (a) An imposition of restraint upon
liberty or property; and (b) The power is exercised for the benefit of
the common good. [Agan v. Phil. Intl. Air Terminals Co., GR 155001.
Jan. 21, 2004].

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Police power. Requisites: Police power is validly exercised if (a) the
interests of the public generally, as distinguished from those of a
particular class, require the interference of the State, and (b) the
means employed are reasonably necessary to the attainment of the
object sought to be accomplished and not unduly oppressive upon
individuals. [DECS v. San Diego, GR 89572. Dec. 21, 1989].
Policitacion. Sp. 1. An imperfect promise; a mere offer. [Ang Yu v. CA,
GR 109125. Dec. 2, 1994]. 2. An unaccepted unilateral promise or offer
to sell or to buy a thing which creates no juridical effect or legal tie.
Policy. A settled or definite course or method adopted and followed by a
government, body, or individual. [Ang-Angco v. Castillo, GR L-17169.
Nov. 30, 1963].
Policy of insurance. The written instrument in which a contract of
insurance is set forth. [Sec. 49, IC].
Political activity. Political propaganda or any other activity which seeks
in any reasonable degree to prevail upon, indoctrinate, convert, induce,
persuade, or in any other way influence any agency or official of the
Philippine Government, or any section of the public within the
Philippines with respect to the domestic or foreign policies of the
Philippines, or with respect to the political or public interests, policies,
or relations of a foreign government or a foreign political party. [Sec. 3,
BP 39].
Political consultant. Any person who engages in informing or advising
any other person on the domestic or foreign policies of the Philippines
or on the political or public interests, policies, or relations of a foreign
government or of a foreign political party. [Sec. 3, BP 39].
Political law. That branch of public law which deals with the
organization and operation of the governmental organs of the state,
and defines the relation of the state with the inhabitants of the
territory. [People v. Perfecto, 43 Phil. 887, 897; Roa v. Coll. Of
Customs, 23 Phil. 315].
Political party. 1. An organized group of citizens advocating an ideology
or platform, principles and policies for the general conduct of
government and which, as the most immediate means of securing their

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adoption, regularly nominates and supports certain of its leaders and
members as candidates for public office. [Sec. 3, RA 7941]. 2. An
organized group of persons pursuing the same political ideals in a
Government and includes its branches and divisions. [Sec. 80, Rev.
Election Code (RA 180].
Political propaganda. Any oral, visual, graphic, written, pictorial, or
other communication or expression: (a) which seeks in any reasonable
degree to prevail upon, indoctrinate, convert, induce, or in any other
way influence a person or any section of the public within the
Philippines with respect to the political or public interests, policies, or
relations of a foreign government or a foreign political party or with
respect to the foreign policies of the Philippines; or (b) which
advocates, advises, instigates, or promotes social, political, or religious
dissension, disorder, civil riot, or conflict involving the use of force, or
the overthrow of the government of the Republic of the Philippines.
[Sec. 3, BP 39].
Political question. 1. In ordinary parlance, namely, a question of
policy. 2. A question which, under the Constitution, is to be decided by
the people in their sovereign capacity; or in regard to which full
discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with issues
dependent upon the wisdom, not legality, of a particular measure.
[Taada v. Cuenco, 100 Phil. 1101].
Political rights. The right to participate, directly or indirectly, in the
establishment or administration of government, the right of suffrage,
the right to hold public office, the right of petition and, in general, the
rights appurtenant to citizenship vis--vis the management of
government. [Simon v. CHR, GR 100150. Jan. 5, 1994, citing Black's
Law Dict., 6th Ed., 1324].
Political sovereignty. Pol. Law. The sovereignty of the electorate; or in
its general sense, the sovereignty of the whole body politic. [Suarez,
Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Compare with Legal
sovereignty.
Political violence. War, revolution, civil strife, terrorism, and similar
acts that can result in injury or loss of property. [Intl. Law Dict. &
Direct., 2004].

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Politics. The science of government; the art or practice of administering
public affairs. [Blacks Law Dict., Abr. 5th Ed. (1983), 605].
Poll taxes. See Capitation taxes.
Pollutant. Any substance, whether solid, liquid, gaseous or radioactive,
which directly or indirectly: (i) alters the quality of any segment of the
receiving water body to affect or tend to affect adversely any beneficial
use thereof; (ii) is hazardous or potential hazardous to health; (iii)
imparts objectionable odor, temperature change, or physical, chemical
or biological change to any segment of the water body; or (iv) is in
excess of the allowable limits, concentrations, or quality standards
specified, or in contravention of the condition, limitation or restriction
prescribed in RA 9275. [Sec 4, RA 9275].
Pollution control and infrastructure devices. Infrastructure,
machinery, equipment and/or improvements used for impounding,
treating or neutralizing, precipitating, filtering, conveying and cleansing
mine industrial waste and tailings as well as eliminating or reducing
hazardous effects of solid particles, chemicals, liquids or other harmful
byproducts and gases emitted from any facility utilized in mining
operations for their disposal. [Sec. 3, RA 7942].
Pollution control device. Any device or apparatus used to prevent,
control or abate the pollution of air caused by emissions from motor
vehicles at levels within the air pollution control standards established
by the national Pollution Control Commission. [Sec. 2, PD 1181].
Pollution control technology. Pollution control devices or apparatus,
processes, or other means that effectively prevent control or reduce
pollution of water caused by effluents and other discharges, from any
point source at levels within the water pollution standards. [Sec 4, RA
9275].
Polygamy. Being married to more than one person. [Duhaime's Legal
Dict., 2004].
Polygraph. A lie-detector machine which records even the slightest
variation in blood pressure, body temperature and respiration as
questions are put to, and answers elicited from a subject. [Duhaime's
Legal Dict., 2004].

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Polypropylene. A substance resembling polyethelyne which is one of a
group of partially crystalline lightweight thermoplastics used chiefly in
making fibers, films, and molded and extruded products. [Farolan v.
Solmac Mktg. Corp., GR 83589. Mar. 13, 1991].
Polytechnic University of the Philippines. The state university
created under and by virtue of PD 1341 which was signed into law on
Apr. 1, 1978.
Pond. A body of still water, natural or artificial, smaller than a lake;
sometimes, by extension, an enclosure for fish in a running stream.
[Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938, citing Funk &
Wagnall's Std. Dict., 20th Century Ed.].
Poor. Individuals and families whose income fall below the poverty
threshold as defined by the NEDA and/or cannot afford in a sustained
manner to provide their minimum basic needs of food, health,
education, housing and other essential amenities of life. [Sec. 3, RA
8425].
Poor man's cocaine. Metamphetamine hydrochloride, one of the
derivatives of metamphetamine, a regulated drug under RA 6425, as
amended. Also notoriously known in street parlance as shabu. [People
v. Lo Ho Wing, GR 88017. Jan. 21, 1991].
Pornography. 1. Any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person
for primarily sexual purposes. [Sec. 3, RA 9208]. A depiction (as in
writing or painting) of licentiousness or lewdness. A portrayal of exotic
behavior designed to cause sexual excitement. [Morenos Law Dict.,
2000 Ed., p. 348].
Port. A place where ships may anchor or tie up for the purpose of
shelter, repair, loading or discharge of cargo, or for other such activities
connected with water-borne commerce, and including all the land and
water areas and the structures, equipment and facilities related to
these functions. [Sec. 3, PD 857].
Portability. 1. Health Ins. Law. The enablement of a member to avail of
National Health Insurance Program benefits in an area outside the

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jurisdiction of his Local Health Insurance Office. [Sec. 1, RA 9241].
Social Ins. Law. 2. The transfer of funds for the account and benefit of
a worker who transfers from one system to the other. [Sec. 2, RA
7699].
Portability Law. Republic Act No. 7699 entitled An Act instituting
limited portability scheme in the social security insurance systems by
totalizing the workers' creditable services or contributions in each of the
systems enacted on May 1, 1994.
Portal. A website that aggregates a wide variety of content for the
purpose of attracting a large number of users. [Sec. 5, RA 9184].
Portal cirrhosis.
A chronic disease characterized by increased
connective tissue that spreads from the portal spaces, distorting liver
architecture and impairing liver functions. [Clemente v. GSIS, GR
L-47521. July 31, 1987].
Porterage. Services rendered in the carriage or handling of passenger
luggages and baggages which can be carried by hand and are not of
such weight and number as to require the assistance of loading or
unloading equipment or machinery or a relatively long time to
undertake. [Morenos Law Dict., 2000 Ed., p. 348].
Porter resolution. Intl. Law. The qualification under the Drago doctrine
which was later adopted in the Second Hague Conference that the
debtor state should not refuse or neglect to reply to an offer of
arbitration, or, after accepting the offer, prevent any compromis from
being agreed upon, or, after the arbitration, fail to submit to the award.
Portion. That which forms part of the whole. When one speaks of a
portion, logically one of its sides borders the remaining part of the
whole. [Morenos Law Dict., 2000 Ed., p. 348].
Port of entry. A port open to both foreign and domestic trade. The term
includes principal ports of entry and subports of entry. [Sec. 2, PD
1433].
Position. A set of duties and responsibilities, assigned or delegated by
competent authority and performed by an individual either on full-time
or part-time basis. A position may be filled or vacant. [Sec. 3, PD 985].

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Position classification. The grouping of positions into classes on the
basis of similarity of kind and level of work, and the determination of
the relative worth of those classes of positions. [Sec. 3, PD 985].
Position classification system. A system for classifying positions by
occupational groups, series and classes, according to similarities or
differences in duties and responsibilities, and qualification requirements.
It consists of: (a) classes and class specifications; and (b) the rules and
regulations for its installation and maintenance and for the
interpretation, amendment and alternation of the classes and class
specifications to keep pace with the changes in the service and the
positions therein. [Sec. 3, PD 985].
Position of trust and confidence. One where a person is entrusted
with confidence on delicate matters, or with the custody, handling, or
care and protection of the employer's property. [Lepanto v. CA, 1 SCRA
1251 (1961)].
Positive adjustment to import competition. The ability of the
domestic industry to compete successfully with imports after measure,
or to the orderly transfer of resources to other productive pursuits; and
to the orderly transition of dislocated workers in the industry to other
productive pursuits. [Sec. 4, RA 8800].
Positive easement. An easement which imposes upon the owner of the
servient estate the obligation of allowing something to be done or of
doing it himself. [Art. 616, CC]. Compare with Negative easement.
Positive evidence. Evidence where the witness affirms that a fact did
or did not occur. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 4].
Compare with Negative evidence.
Positive testimony. It is when the witness affirms that a fact did or did
not occur. [Tanala v. NLRC, GR 116588. Jan. 24, 1996]. Compare with
Negative testimony.
Positivism. Theory that international law is the voluntary creation of
sovereign states. [Intl. Law Dict. & Direct., 2004].

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Possess. In a grammatical sense, to have or to actually and physically
occupy a thing, with or without right. [Morenos Law Dict., 2000 Ed., p.
349].
Possession. 1. The holding of a thing or the enjoyment of a right. [Art.
523, CC]. 2. A term to denote the mere fact of physical control over
tangible objects. [Morenos Law Dict., 2000 Ed., p. 349].
Possession by tolerance. The occupation by a person of the land of
another at the latter's tolerance or permission without any contract
between them. Such person is necessarily bound by an implied promise
that he will vacate upon demand, failing which a summary action for
ejectment is the proper remedy against him. [Claridades, A.,
Possession, how acquired. It is acquired by the material occupation of
a thing or the exercise of a right, or by the fact that it is subject to the
action of our will, or by the proper acts and legal formalities established
for acquiring such right. [Art. 531, CC].
Possession, how lost. (a) By the abandonment of the thing; (b) by an
assignment made to another either by onerous or gratuitous title; (c)
by the destruction or total loss of the thing, or because it goes out of
commerce; (d) by the possession of another, subject to the provisions
of Art. 537 of the Civil Code, if the new possession has lasted longer
than one year. But the real right of possession is not lost till after the
lapse of ten years. [Art. 555, CC].
Possession in concept of holder. Possession whereby one possesses
as a mere holder, or not in the concept of owner, and acknowledges in
another a superior right which he believes to be ownership, whether his
belief be right or wrong. [Tolentino, Civil Code of the Phil., Vol. II,
Repr. 2001, p. 245].
Possession in concept of owner. Possession whereby the possessor
may be the owner himself or one who claims to be so. [Tolentino, Civil
Code of the Phil., Vol. II, Repr. 2001, p. 245].
Possession of picklocks or similar tools. Crim. Law. The felony
committed by any person who shall without lawful cause have in his
possession picklocks or similar tools especially adopted to the

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commission of the crime of robbery, or by any person who shall make
such tools. [Art. 304, RPC].
Possession of prohibited interest by a public officer. Crim. Law.
The felony committed by a public officer who, directly or indirectly,
shall become interested in any contract or business in which it is his
official duty to intervene, or by experts, arbitrators and private
accountants who, in like manner, shall take part in any contract or
transaction connected with the estate or property in appraisal,
distribution or adjudication of which they shall have acted, and to the
guardians and executors with respect to the property belonging to their
wards or estate. [Art. 216, RPC].
Possession of the status of an illegitimate child. (The fact that) the
father has treated the child as his own, directly and not through others,
spontaneously and without concealment though without publicity (since
the relation is illegitimate). [Reyes and Puno, Outline of Phil. Civil Law,
Vol. 1, 1964 Ed., pp. 269-270, citing Coquia v. Coquia, CA 50, OG
3701].
Possession, preparation and use of prohibited drugs and
maintenance of opium dens. Crim. Law. The felony committed by:
(a) anyone who unless lawfully authorized shall possess, prepare,
administer, or otherwise use any prohibited drug; or (b) anyone who
shall maintain a dive or resort where any prohibited drug is used in any
form, in violation of the law. [Art. 190, RPC].
Possession, writ of. See Writ of possession.
Possessor in bad faith. A person in possession of property knowing
that his title thereto is defective. [Escritor v. IAC, GR L-71283. Nov. 12,
1987].
Possessor in good faith. 1. A possessor who is not aware that there
exists in his title or mode of acquisition any flaw which invalidates it.
[Art. 526, CC]. 2. A person who is not aware that there exists in his title
or mode of acquisition any flaw which invalidates it. [Maneclang v.
Baun, GR L-27876. Apr. 22, 1992].
Possessory information title. A prima facie evidence of the fact that
the possessor of the land to which it refers has actual possession.

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Possessory lien of the unpaid seller. The right of the seller who is in
possession of the goods to retain possession of them until payment or
tender of the price in cases: (a) where the goods have been sold
without any stipulation as to credit; (b) where the goods have been
sold on credit, but the term of credit has expired; (c) where the buyer
becomes insolvent. [Diaz, Bus. Law Rev., 1991 Ed., p. 126, citing Art.
1527, CC].
Post. All Philippine embassies, missions, consulates general and other
foreign service establishments maintained by the DFA. [Sec. 5, RA
7157].
Postal Service Act of 1992. RA 7354 entitled An Act creating the
Philippine Postal Corporation, defining its powers, functions and
responsibilities, providing for regulation of the industry and for other
purposes connected therewith enacted on Apr. 3, 1992.
Postdated instrument. A negotiable instrument where the date
appearing thereon is later than the true date of its issuance.
Antedated instrument.
Posted price. The FOB price established by the contractor in
consultation with the Petroleum Board for each grade, gravity and
quality of crude oil offered for sale to buyers generally for export at the
particular point of export, which price shall be based upon geographical
location, and the fair market export values for crude oil of comparable
grade, gravity and quality. [Sec. 3, PD 87].
Post-harvest activities. Threshing, drying, milling, grading, storing,
and handling of produce and such other activities as stripping,
winnowing, chipping and washing. [Sec. 4, RA 8435; Sec. 4, RA 7607].
Post-harvest facilities. 1. Facilities that include, but are not limited to,
fishport, fishlanding, ice plants and cold storages, fish processing
plants. [Sec. 4, RA 8550]. 2. Threshers, moisture meters, dryers,
weighing scales, milling equipment, fish ports, fish landings, ice plants
and cold storage facilities, processing plants, warehouses, buying
stations, market infrastructure and transportation facilities. [Sec. 4, RA
8435; Sec. 4, RA 7607].

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Postliminium right. Also Jus postliminium. Intl. Law. The right by
which persons or things taken by the enemy are restored to the former
state on coming actually into the power of the nation to which they
belong. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 141].
Post-test counseling. The process of providing risk-reduction
information and emotional support to a person who submitted to HIV
testing at the time that the test result is released. [Sec. 4, RA 8496].
Post-traumatic stress disorder. Legal Med. An anxiety disorder
caused by exposure to an overwhelming traumatic event in which the
person later repeatedly re-experiences the event. [Olarte, Legal Med.,
1st Ed. (2004), p. 137].
Post-trial. Items happening after the trial, i.e., post-trial motions or
post-trial discovery. [Glossary of Legal Terms (Pro-Se), 2004].
Potential animal pest. It shall comprise certain species of animal that
are liable to become agricultural crop pests such as insects, monkeys,
rodents, bats, finches, rabbits, snails and other forms of animal life
capable of causing injury to agricultural crops. [Sec. 2, PD 1433].
Potentially infectious medical waste. This includes isolation wastes,
infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, and
other disposable medical equipment and material that may pose a risk
to the public health, welfare or the marine environment. [Sec 4, RA
9275].
Potestas delegata non delegari potest. Lat. What has been
delegated cannot be delegated. This doctrine is based on the ethical
principle that such as delegated power constitutes not only a right but a
duty to be performed by the delegate through the instrumentality of his
own judgment and not through the intervening mind of another. [US v.
Barrias, 11 Phil. 327, 330 (1908); People v. Vera, 65 Phil. 56, 113
(1937)].
Potestative condition. 1. A condition, the fulfillment of which depends
upon the sole will of the debtor, in which case, the conditional
obligation is void. [Naga Tel. Co., Inc. v. CA, GR 107112. Feb. 24,
1994, citing Art. 1182, CC]. 2. One which depends upon the will of the
debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 10].

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Poverty alleviation. The reduction of absolute poverty and relative
poverty. [Sec. 3, RA 8425].
Power. Authority to do. One has the power to do something if he is of
legal age. Also, used as powers, the term refers to authority granted by
one person to another, i.e., powers given an executor in a will or an
agent in a power of attorney. [Glossary of Legal Terms (Pro-Se),
2004].
Power development program (PDP). The indicative plan for
managing electricity demand through energy-efficient programs and for
the upgrading, expansion, rehabilitation, repair and maintenance of
power generation and transmission facilities, formulated and updated
yearly by the DOE in coordination with the generation, transmission
and electric utility companies. [Sec. 4, RA 9136].
Power of attorney. 1. A formal instrument authorizing another to act
as one's agent or attorney. [Glossary of Legal Terms (Pro-Se), 2004]. 2.
A document which gives a person the right to make binding decisions
for another, as an agent. A power of attorney may be specific to a
certain kind of decision or general, in which the agent makes all major
decisions for the person who is the subject of the power of attorney.
Power of control. The power of an officer to alter or modify or nullify
or set aside what a subordinate officer has done in the performance of
his duties and to substitute the judgment of the former for that of the
latter. [De Villa v. City of Bacolod, GR 80744. Sep. 20, 1990].
Power of review. The power exercised to determine whether it is
necessary to correct the acts of the subordinate and to see to it that he
performs his duties in accordance with law. [Phil. Game fowl
Commission v. IAC, 146 SCRA 294 (1986)].
Power of subordinate legislation. The authority to issue rules to
carry out the general provisions of the statute entrusted by the national
legislature to administrative agencies, with the proliferation of
specialized activities and their attendant peculiar problems. [Claridades,

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861
Power of supervision. The power of a superior officer to see to it that
subordinates perform their functions according to law. [De Villa v. City
of Bacolod, GR 80744. Sep. 20, 1990, citing Bernas, Rev. 1973 Phil.
Const., Part I, 1983 Ed., p. 474].
Power of the purse. The spending power which, under the
Constitution, belongs to Congress, subject only to the veto power of
the President. [Phil. Const. Assoc. v. Enriquez, GR 113105. Aug. 19,
1994].
Power plant design. The planning, specifying, coordinating and
lay-outing of electrical equipment in power plants, substations and the
like. [Sec. 2, RA 7920].
Power Sector Assets and Liabilities Management Corporation
(PSALM Corp.). The corporation organized pursuant to Sec. 49 of RA
9136. [Sec. 4, RA 9136].
Power to regulate. The power to protect, foster, promote, preserve,
and control with due regard for the interests, first and foremost, of the
public, then of the utility and of its patrons. [Phil. Communications
Satellite Corp. v. Alcuaz, 180 SCRA 218].
Power to tax is not the power to destroy while the Supreme
Court sits (Holmes dictum). The reassuring words of Mr. Justice
Holmes of the US Supreme Court: "The power to tax is not the power
to destroy while this Court sits. [Quoted from Graves. v. New York,
306 U.S. 466, 490 and cited in Tolentino v. Sec. of Finance, GR 115455.
Aug. 25, 1994].
Power to tax is the power to destroy (Marshall dictum). The 1803
dictum of Chief Justice Marshall of the US Supreme Court that "the
power to tax involves the power to destroy. [Sison v. Ancheta, GR
L-59431. July 25, 1984, citing McCulloch v. Maryland, 4 Wheaton 316].
PPO. See Permanent Protection Order.
Practicable. Possible to practice or perform. [Tatad v. Sec. of Energy,
GR 124360. Nov. 5, 1997, citing Webster, New 3rd Intl. Dict., 1993 Ed.,
p. 1780].

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Practice. The method of performance established between parties by
their actions or conduct. [Intl. Law Dict. & Direct., 2004].
Practice of law. Any activity, in or out of court, which requires the
application of law, legal procedures, knowledge, training and
experience. To engage in the practice of law is to perform those acts
which are characteristic of the profession. Generally, to practice law is
to give advice or render any kind of service that involves legal
knowledge or skill. The practice of law is not limited to the conduct of
cases in court. It includes legal advice and counsel, and the preparation
of legal instruments and contracts by which legal rights are secured,
although such matter may or may not be pending in a court. In the
practice of his profession, a licensed attorney at law generally engages
in three principal types of professional activity: legal advice and
instructions to clients to inform them of their rights and obligations,
preparation for clients of documents requiring knowledge of legal
principles not possessed by ordinary layman, and appearance for clients
before public tribunals which possess power and authority to determine
rights of life, liberty, and property according to law, in order to assist in
proper interpretation and enforcement of law. When a person
participates in a trial and advertises himself as a lawyer, he is in the
practice of law. One who confers with clients, advises them as to their
legal rights and then takes the business to an attorney and asks the
latter to look after the case in court, is also practicing law. Giving
advice for compensation regarding the legal status and rights of
another and the conduct with respect thereto constitutes a practice of
law. One who renders an opinion as to the proper interpretation of a
statute, and receives pay for it, is, to that extent, practicing law. [Ulep
v. Legal Clinic, Bar Matter 553. June 17, 1993].
Practising lawyer. One engaged in any activity, in or out of court,
which requires the application of law, legal procedure, knowledge,
training and experience.
Praeter intentionem. Lat. The act went beyond the intent. Lack of
intention to commit so grave a wrong as that committed. [Nizurtado v.
Sandiganbayan, GR 107383. Dec. 7, 1994].
Preamble. It is that part of the statute following the title and preceding
the enacting clause which states the reasons for, or the objects of, the
enactment. [Suarez, Stat. Con., (1993), p. 45].

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863
Precarium. The contractual relation where the bailor may demand the
thing at will: (a) if neither the duration of the contract nor the use to
which the thing loaned should be devoted, has been stipulated; or (b) if
the use of the thing is merely tolerated by the owner. [Art. 1947, CC].
Precautionary approach. Intl. Law. Attitude that states should not
delay in taking action to correct a threat of serious or irreversible
damage to the environment merely because there is a lack of scientific
certainty that injury will result. [Intl. Law Dict. & Direct., 2004].
Precedent. 1. Decision or principle enunciated by a court of competent
jurisdiction on a question of law which does not only serve as a guide
but also as an authority to be followed by all other courts of equal or
inferior jurisdiction in all cases involving the same question until the
same is overruled or reversed by a superior court. [Suarez, Stat. Con.,
(1993), p. 40]. 2. Laws established by previous cases which must be
followed in cases involving identical circumstances. [Glossary of Legal
Terms (Pro-Se), 2004]. See Stare decisis.
Precepto. Sp. A command which induces one to commit a crime.
[Aquino, RPC, 1976 Ed., Vol. 1, p. 431, citing People v. Indanan, 24
Phil. 203, 207 (1913) and People v. Asaad, 55 Phil. 697 (1931)].
Compare with Pacto.
Precious coral. Skeleton of anthozoan coelenterate characterized as
having a rigid axis of compact calcareous or horny spicules, belonging
to the genus corallium as represented by the red, pink and white corals.
[Sec. 3, PD 1219].
Preclusion of claims. It is governed by Rule 39, Sec. 47(b) of the Rules
of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. See Res
judicata.
Preclusion of issues. It is governed by Rule 39, Sec. 47(c) of the Rules
of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. See
Conclusiveness of Judgment.
Predatory pricing. Selling or offering to sell any oil product at a price
below the seller's or offeror's average variable cost for the purpose of
destroying competition, eliminating a competitor or discouraging a
potential competitor from entering the market: Provided, however, That
pricing below average variable cost in order to match the lower price of

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the competitor and not for the purpose of destroying competition shall
not be deemed predatory pricing. [Sec. 11, RA 8479].
Predecease. Succ. Death of an heir before the testator. [Claridades, A.,
Pre-departure loans. Loans granted to departing migrant workers
covered by new contracts to satisfy their pre-departure requirements
such as payments for placement/processing fees, airplane fare,
subsistence allowance, cost of clothing and pocket money. [Sec. 30,
IRR, RA 8042].
Preempt. To take precedence over. [Intl. Law Dict. & Direct., 2004].
Preemptive right of a stockholder. The right of a stockholder to
subscribe to all issues or disposition of share of any class in proportion
to his respective shareholding. [Diaz, Bus. Law Rev., 1991 Ed., p. 269].
Pre-entry training. A basic skills training for immediate entry into the
working environment. [Sec. 1, Rule 1, Book 2, IRR of LC].
Preference of credit. The bestowing upon the preferred creditor an
advantage of having his credit satisfied first ahead of other claims
which may be established against the debtor. [DBP v. Sec. of Labor, GR
79351, 28 Nov. 1989].
Preferential hiring agreement. Labor. An agreement between the
employer and the union whereby the former is obliged to give
preference to the members of the latter who are qualified. However,
absent such qualified union members will give the employer the right to
choose those from outside of the contracting union. [Poquiz, Labor Rel.
Law, 1999 Ed. p. 157].
Preferred share. 1. A share which entitles the holder thereof to certain
preferences over the holders of common stock. The preferences are
designed to induce persons to subscribe for shares of a corporation.
They may consist in the payment of dividends or the distribution of the
assets of a corporation in case of its dissolution ahead of the common
stockholders, or such other preferences as may be stated in the articles
of incorporation which are not violative of the provisions of the Corp.
Code. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 62]. 2.
A share in a company that has some kind of special right or privilege

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attached to it, such as that it is distinguished from the companys
common shares. The most common special right is a preference over
holders of common shares when dividends are declared. Another, is for
the preferred shares to be redeemable at the option of either the holder
or the company. Still another might be to disallow voting rights to
preferred shareholders. [Duhaime's Legal Dict., 2004]. Compare with
Common share.
Preferred shares of stock. Shares of stock issued by any corporation
which may be given preference in the distribution of the assets of the
corporation in case of liquidation and in the distribution of dividends, or
such other preferences as may be stated in the articles of incorporation
which are not violative of the provisions of the Corporation Code:
Provided, That preferred shares of stock may be issued only with a
stated par value. (Sec. 6, Corp. Code].
Pregnancy. An after-the-fact condition of the liaison between two
persons of different sexes. [People v. Villarin, GR 96950. Jan. 29,
1993].
Pre-harvest activities. They include, but are not limited to, seedbed
and land preparation, planting, weeding, pest and disease control,
fertilizer application, water management and harvesting. [Sec. 4, RA
7607].
Pre-harvest facilities. They include, but are not limited to, plows,
harrows, tractors, rotavators and sprayers. [Sec. 4, RA 7607].
Prejudicial question. A question which is based on a fact distinct and
separate from the crime but so intimately connected with it that its
resolution is determinative of the guilt or innocence of the accused. To
justify suspension of the criminal action, it must appear not only that
the civil case involves facts intimately related to those upon which the
criminal prosecution is based but also that the decision of the issue or
issues raised in the civil case would be decisive of the guilt or innocence
of the accused. [Apa v. Fernandez, GR 112381. Mar. 20, 1995].
Prejudicial question. Elements: (a) The civil action involves an issue
similar or intimately related to the issue raised in the criminal action:
and (b) the resolution of such issue determines whether or not the
criminal action may proceed. [Sec. 5, Rule 111 of RoC; Yap v. Paras;
Umali v. IAC, 186 SCRA 680 (1990)].

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Preliminary attachment. The provisional remedy in virtue of which a
plaintiff or other proper party may, at the commencement of the action
or at any time thereafter, have the property of the adverse party taken
into the custody of the court as security for the satisfaction of any
judgment that may be recovered. It is a remedy which is purely
statutory in respect of which the law requires a strict construction of
the provisions granting it. [H.B. Zachry Co. Intl. v. CA, GR 106989. May
10, 1994].
Preliminary attachment, writ of. See Writ of preliminary
attachment.
Preliminary conference. The term is akin and similar to the provision
on "pre-trial" under the Revised Rules of Court. Both provisions are
essentially designed to promote amicable settlement or to avoid or
simplify the trial. [Martinez v. Dela Merced, GR 82039. June 20, 1989].
Preliminary hearing. Also, preliminary examination. A hearing by a
judge to determine whether a person charged with a crime should be
held for trial. [Glossary of Legal Terms (Pro-Se), 2004].
Preliminary injunction,
injunction.
writ
of.
See
Writ
of
preliminary
Preliminary investigation. An inquiry or proceeding for the purpose of

determining whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and that the
respondent is probably guilty thereof, and should be held for trial. [Sec.
1, Rule 112, RoC].
Preliminary mandatory injunction. An extraordinary remedy to be
availed of only where the petitioner has shown: (a) that he has a right
which is clear and unmistakable under the law and the facts; (b) that
the invasion of the right is material and substantial; and (c) that there
exists an urgent and paramount necessity for the issuance of the writ
to prevent extreme or serious damage. [Villadores v. Encarnacion, GR
L-6425. Sep. 30, 1954].
Premature conversion of agricultural land. See Agricultural land,
premature conversion of.

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Premature infants. Infants delivered before the thirty-seventh week of
gestation with a birth weight of less than 2,500 grams (American) or
2,275 grams (Filipino). [People v. Malapo, GR 123115. Aug. 25, 1998].
Premature marriages. Crim. Law. The felony committed by any widow
who shall marry within three hundred and one (131) days from the
date of the death of her husband, or before having delivered if she shall
have been pregnant at the time of his death, or by any woman whose
marriage shall have been annulled or dissolved, if she shall marry
before her delivery or before the expiration of the period of three
hundred and one day after the legal separation. [Art. 351, RPC].
Premeditacion conocida. Sp. Deliberate premeditation. [US v. Nalua,
GR 7311. Aug. 5, 1912].
Premium. The amount paid to the insurer as consideration for
insurance. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of
the Phil., 1999 Ed., p. 78].
Prenda or mortgage in prenda. A kind of special contract whereby
the debtor delivers to the creditor the possession of a parcel of land as
security for the loan he has obtained from the latter who enjoys the
usufruct. [Rep. v. IAC, GR 74830. July 5, 1993, citing Phil. Law Dict. by
Moreno, 3rd Ed., p. 728].
Pre-need plans. Contracts which provide for the performance of future
services of or the payment of future monetary considerations at the
time actual need, for which plan holders pay in cash or installment at
stated prices, with or without interest or insurance coverage and
includes life, pension, education, interment, and other plans which the
Tariff Commission may from time to time approve. [Sec. 3, RA 8799].
Preparation equivalent rating. A rating of the academic or
educational preparation of an individual teacher with equivalent for his
training for professional growth and teaching experience. [Sec. 3, PD
985].
Preparatory recall assembly. The registered voters of the local
government unit to which the local elective official subject to recall
belongs. [Sec. 70, LGC].

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Pre-payment of required indemnity. The delivery of the proper
indemnity required by law for the damage that might be incurred by
the servient estate in the event the legal easement upon the extent of
compensation cannot be reached by the parties involved, is not an
impediment to the establishment of such easement. Precisely, the
action of the dominant estate against the servient estate should include
a prayer for the fixing of the amount which may be due from the
former to the latter. [Talisay-Silay Milling v. CFI of Negros Occ., (42
SCRA 584)].
Preponderance of evidence. 1. Evidence which is of greater weight,
or more convincing than that which is offered in opposition to it. [32
CJS, 1051]; The weight, credit and value of the aggregate evidence on
either side and is usually considered to be synonymous with the terms
'greater weight of evidence' or 'greater weight of the credible evidence;'
Probability of the truth. Evidence which is more convincing to the court
as worthy of belief than that which is offered in opposition thereto.
[Rep. v. CA, GR 84966. Nov. 21, 1991]. 2. The evidence as a whole
adduced by one side is superior to that of the other. In determining
where the preponderance or superior weight of evidence on the issues
involved lies, the court may consider all the facts and circumstances of
the case, the witnesses' manner of testifying, their intelligence, their
means and opportunity of knowing the facts on which they are
testifying, the nature of such facts, the probability or improbability of
their testimony, their interest or want of interest, and also their
personal credibility as far as the same may legitimately appear at the
trial. The court may also consider the number of witnesses, although
the preponderance is not necessarily with the greatest number.
[Sapuan v. CA, GR 91869. Oct. 19, 1992].
Prepositus. The descendant is the person from whom the degree should
be reckoned, or the one at the end of the line from which the property
came and upon whom the property last revolved by descent [Cabardo
v. Villanueva, 44 Phil. 186, 190].
Pre-proclamation controversy. Elec. Law. Any question pertaining to
or affecting the proceedings of the board of canvassers which may be
raised by any candidate or by any registered political party or coalition
of political parties before the board or directly with the Commission on
Election, or any matter raised under Secs. 233, 234, 235 and 236 of the
Omnibus Election Code in relation to the preparation, transmission,

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receipt, custody and appreciation of the election returns. [Sec. 241, BP
881].
Prescribing opium unnecessary for a patient. Crim. Law. The felony
committed by any physician or dentist who shall prescribe opium for
any person whose physical condition does not require the use of the
same. [Art. 194, RPC].
Prescripcion adcquisitiva. Title by adverse possession which operates
to transfer ownership to the possessor and need not be specifically
pleaded since it is an absolute denial of the previous owners claim.
Prescripcion extintiva. A statute of limitations which operates as a bar
to the owners right of action and is a new matter which must be
specifically pleaded. [Morenos Law Dict., 2000 Ed., p. 357].
Prescription. Civ. Law. 1. The acquisition of ownership and other real
rights through the lapse of time in the manner and under the conditions
laid down by law. [Art. 1106, CC]. 2. A time limitation in civil law, by
which a right may be acquired (acquisitive prescription) or an obligation
extinguished (extinctive prescription) by the passage of a specified
period of time. Whereas extinctive prescription in civil law results, for
the potential plaintiff, in the loss of the right itself, the expiry of a time
limitation in common law usually results only in the loss of the right to
sue. In contemporary civil law, prescription is usually understood as
substantive, rather than procedural, and thus governed by the law
applicable to the relevant claim. [Tetley, Glossary of Conflict of Laws,
2004]. Intl. Law. 3. A derivative mode of acquisition by which a
territory belonging to one state is transferred to the sovereignty of
another state by reason of the adverse and uninterrupted possession
thereof by the latter for a sufficiently long period of time. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. 71].
Prescription drug. A drug which has been approved by the Bureau of
Food and Drug and which can be dispensed only pursuant to a
prescription order from a physician who is duly licensed to do so. [Sec.
1, RA 9241].
Prescription of the crime. The forfeiture or loss of the right of the
State to prosecute the offender after the lapse of a certain time fixed
by law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 313;

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Board of Commissioners (CID) v. Dela Rosa, GR 95122-23. May 31,
1991].
Prescription of the offense. The loss or forfeiture of the right of the
government to execute the final sentence after the lapse of a certain
time fixed by law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p.
313].
Prescription of the penalty. The loss or forfeiture by the government
of the right to execute the final sentence after the lapse of a certain
time. [Board of Commissioners (CID) v. Dela Rosa, GR 95122-23. May
31, 1991, citing Padilla, Crim. Law, Vol. 1, 1974, p. 855].
Prescriptive period. The period within which a specific action must be
filed. [Central Bank v. CA, GR 88353. May 8, 1992].
Presence. In connection with Sec. 5 (a), Rule 113, Rules of Court, on
arrest without warrant, the term is properly and restrictively construed
to relate to acts taking place within the optical or perhaps auditory
perception of the arresting officer. [Umil v. Ramos, GR 81567. Oct. 3,
1991].
Presentation of evidence. This consists of putting in as evidence the
testimony of the witnesses or the documents relevant to the issue.
[People v. Yap, GR 103517. Feb. 9, 1994]. Compare with Offer of
evidence.
Presentment. Nego. Inst. Production of an instrument to a party liable
to pay on it for that party's acceptance (i.e., commitment to pay) or
payment. [Intl. Law Dict. & Direct., 2004].
Presentment for acceptance. Nego. Inst. The production of a bill of
exchange to a drawee for acceptance. [Prudential Bank v. IAC, GR
74886. Dec. 8, 1992].
Presentment for payment. Nego. Inst. The production of a bill of
exchange to the drawee or acceptor for payment or the production of a
promissory note to the party liable for the payment of the same.

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Present value. That amount which, if invested now to earn a fixed rate
of interest, will be equivalent to a specified amount due on a specific
date in the future. [Bautista v. Auditor Gen., L-10859, Aug. 29, 1958].
Presidential Decrees. Statutes issued by then president Ferdinand E.
Marcos during his incumbency. [Suarez, Stat. Con., (1993), p. 42].
Pressurized or forced draft burning equipment. Type or burner
where the fuel is subjected to pressure prior to discharge into the
combustion chamber and/or which includes fans or other provisions for
the introduction of air at above normal atmosphere pressure into the
same combustion chamber. [Sec. 3, PD 1185].
Prestation. This may consist in giving, doing, or not doing of something.
Presumption. 1. An inference as to the existence of a fact not actually
known, arising from its usual connection with another which is known,
or a conjecture based on past experience as to what course human
affairs ordinarily take. It is either a presumption juris, or of law, or a
presumption hominis, or of fact. [Martin v. CA, GR 82248. Jan. 30,
1992]. 2. An inference. Some presumptions are refutable while others
are deemed to be irrefutable. Presumptions are also classified as of
fact or of law. [Tetley, Glossary of Conflict of Laws, 2004]. Compare
with Inference.
Presumption. Kinds: (a) conclusive presumption or one where no
contrary evidence is admitted; and prima facie (disputable or
rebuttable) or one which stays until evidence to the contrary is
admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9].
Presumption against absurdity. Stat. Con. The presumption that the
legislature does not intend that absurdity will from its enactment. The
courts, therefore, have the duty to interpret the law in such a way as to
avoid absurd result. [Suarez, Stat. Con., (1993), p. 31, citing People v.
Malabanan, GR L-16478, Aug. 31, 1961].
Presumption against implied repeals. Stat. Con. The presumption
that the lawmaking body does not favor repeals (of statutes) by
implication. [Suarez, Stat. Con., (1993), p. 32].

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Presumption against impossibility. Stat. Con. The presumption that
a statute is never to be understood as requiring an impossibility, if such
a result can be avoided by any fair and reasonable construction.
Presumption against inconsistency. Stat. Con. The presumption that
the lawmaking body is consistent. In case of doubt, therefore, such a
construction should be adopted as will make all the provisions of the
statute consistent with one another and with the entire act. [Suarez,
Stat. Con., (1993), p. 31].
Presumption against injustice. Stat. Con. The presumption that the
lawmaking body intended right and justice to prevail. [Suarez, Stat.
Con., (1993), p. 30, citing Art. 10, CC].
Presumption against ineffectiveness. Stat. Con. The presumption
that the lawmaking body does not intend to adopt laws which are
unnecessary and ineffective. It is presumed that it intends to impart to
its enactments such a meaning as will render them operative and
effective. [Suarez, Stat. Con., (1993), p. 31].
Presumption against irrepealable laws. Stat. Con. The presumption
that the lawmaking body does not intend that its laws shall be
irrepealable. The legislature cannot enact irrepealable laws or limit its
future legislative acts. [Suarez, Stat. Con., (1993), p. 32, citing Duarte
v. David, 32 Phil. 36].
Presumption against violation of international law. Stat. Con. The
presumption that a statute is in conformity with the rules and principles
of international laws, or with the treaties duly entered into and
accepted by our government. [Suarez, Stat. Con., (1993), p. 34].
Presumption against violation of public policy. Stat. Con. The
presumption that the legislature designs to favor and foster, rather
than to contravene, that public policy which is based upon the
principles of natural justice, good morals, and the settled wisdom of the
law as applied to the ordinary affairs of life. [Suarez, Stat. Con., (1993),
p. 33, citing Compania General de Tabacos v. Coll. Of Customs, 46 Phil.
8].
Presumption hominis. Lat. 1. A presumption of fact. [Martin v. CA, GR
82248. Jan. 30, 1992]. 2. A deduction which reason draws from the

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facts proved without an express direction to that effect. [Claridades, A.,
Compilation of Notes, 2001-2006]. See also Presumption of fact or
Inference.
Presumption juris. Lat. A presumption or of law. [Martin v. CA, GR
82248. Jan. 30, 1992].
Presumption juris et de jure. See Conclusive presumption.
Presumption juris tantum. See Disputable presumption.
Presumption of abandonment of office by a director. Corp. Law.
The presumption that a director in a corporation who accepts a position
in which his duties are incompatible with those as such director has
abandoned his office as director of the corporation. [Mead v.
McCullough, GR 6217. Dec. 26, 1911.]
Presumption of acquiescence to judicial construction. Stat. Con.
The presumption that, when the court has construed a statute in a
particular manner and the lawmaking body made no move to alter or
amend the said statute, the legislature has acquiesced in that
interpretation. [Suarez, Stat. Con., (1993), p. 34].
Presumption of acting within the scope of authority. Stat. Con.
The presumption that the legislature acted within the scope of its
authority. Hence, if a statute admits of more than one interpretation,
one that places the statute outside of legislative competence, and one
that places the statute within the limits of legislative competence, the
court should adopt the latter interpretation. [Suarez, Stat. Con., (1993),
p. 34, citing Black, Interpretation of Laws, 2nd Ed., p. 138].
Presumption of conjugal partnership. The presumption under Art.
160 of the Civil Code that all property of the marriage is presumed to
belong to the conjugal partnership, unless it be proved that it pertains
exclusively to the husband or to wife. [Cobb-Perez v. Lantin, GR
L-22320. May 22, 1968].
Presumption of consideration.
presumption that every negotiable
valuable consideration; and every
thereon has become a party thereto
Nego. Inst. The prima facie

instrument has been issued for a
person whose signature appears
for value. [Sec. 24, NIL].

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Presumption of constitutionality of statutes. Stat. Con. The theory
is that as the joint act of the Legislature and the Executive, every
statute is supposed to have first been carefully studied and determined
to be constitutional before it was finally enacted. Hence, unless it is
clearly shown that it is constitutionally flawed, the attack against its
validity must be rejected and the law itself upheld. To doubt is to
sustain. [Phil. Judges Assoc. v. Prado, GR 105371. Nov. 11, 1993].
Presumption of continuity of facts. Proof of the existence at a
particular time of a fact of continuous nature gives rise to an inference,
within logical limits, that it exists at a subsequent time. [People v.
Sawajan, GR 28243. Dec. 12, 1927].
Presumption of continuity of mental capacity. Evid. The
presumption that capacity to act attaches to a person who has not
previously been declared incapable, and such capacity is presumed to
continue so long as the contrary be not proved, that is, that at the
moment of his acting he was incapable, crazy, insane, or out of his
mind. [Standard Oil Co. v. Codina Arenas, GR 5921. July 25, 1911].
Presumption of continuity of possession. The presumption that a
present possessor of property who shows his possession at some
previous time has held possession also during the intervening period.
[Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 127].
Presumption of death; extraordinary or qualified absence. Civ.
Law. The following shall be presumed dead for all purposes, including
the division of the estate among the heirs: (a) A person on board a
vessel lost during a sea voyage, or an aeroplane which is missing, who
has not been heard of for four years since the loss of the vessel or
aeroplane; (b) a person in the armed forces who has taken part in war,
and has been missing for four years; (c) a person who has been in
danger of death under other circumstances and his existence has not
been known for four years. [Art. 391, CC].
Presumption of death; ordinary absence. After an absence of seven
years, it being unknown whether or not the absentee still lives, he shall
be presumed dead for all purposes, except for those of succession. The
absentee shall not be presumed dead for the purpose of opening his
succession till after an absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years shall be sufficient in
order that his succession may be opened. [Art. 390, CC].

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Presumption of dissolution of former marriage. The presumption
that when a person marries twice, the second marriage is valid and the
former one has been dissolved by death or divorce. [Herrera, Remedial
Law, Vol. VI, 1999 Ed., p. 38, citing Adong v. Cheong Seng Gee, 43
Phil. 43].
Presumption of equality. Succ. The presumption that heirs instituted
without designation of shares shall inherit in equal parts. [Art. 846, CC].
Presumption of fact. Evid. The conclusion that, because one fact exists
or is true, another fact exists or is true. If no new facts arise to
contradict the presumption, it is evidence of proof of the fact. For
example, in some jurisdictions, if a married woman has a child, her
husband is presumed to be the father. [Tetley, Glossary of Conflict of
Laws, 2004]. See also Presumption hominis or Inference.
Presumption of good faith. Stat. Con. The presumption that the
legislature had good motives in having considered and adopted a
particular law. [Suarez, Stat. Con., (1993), p. 30].
Presumption of individuality. Succ. The presumption that when the
testator institutes some heirs individually and others collectively, those
collectively designated shall be considered as individually instituted,
unless it clearly appears that the intention of the testator was
otherwise. [Art. 847, CC].
Presumption of innocence. The Constitutional provision that "in all
criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved". [Art. III, 14, 1987 Const.]. It is thus axiomatic
that "an accused under our law is entitled to an acquittal unless his
guilt is proved beyond reasonable doubt." [People v. Bostre, 230 SCRA
139, 143, Feb. 18, 1994]. 3. A conclusion of law in favor of the accused
whereby his innocence is not only established but continues until
sufficient evidence is introduced to overcome the proof which the law
has created that is, his innocence. [People v. Clores, GR L-61408.
Oct. 12, 1983].
Presumption of jurisdiction. Stat. Con. A statute will not be construed
in such a manner as to oust or restrict the jurisdiction of superior
courts, or to vest a new jurisdiction in them, unless there are express
words or a necessary implication to that effect. [Suarez, Stat. Con.,

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(1993), p. 34, citing Manila Lodge No. 761 v. CA, GR L-41001. Sep. 30,
1976].
Presumption of knowledge of existing laws. Stat. Con. The
presumption that the lawmaking body has full knowledge of all existing
laws on the subject. Hence, if there are two laws on the same subject
enacted on different dates, the latter law cannot be held to have
abrogated the former law, unless the repugnancy is clear, convincing
and irreconcilable. [Suarez, Stat. Con., (1993), p. 34, citing Manila
Lodge No. 761 v. CA, GR L-41001. Sep. 30, 1976].
Presumption of law. 1. An assumption required by law whenever a
predetermined set of facts arises, e.g. in criminal law the accused is
presumed innocent until proven guilty beyond a reasonable doubt.
[Tetley, Glossary of Conflict of Laws, 2004]. 2. A rule of law that courts
and judges shall draw a particular inference from a particular fact, or
from particular evidence. [Jurists Legal Dict., 2004].
Presumption of man. Evid. A presumption which is formed by the
judge from circumstances antecedent to, coincident with or subsequent
to the principal fact under investigation. [Vidal de Roces v. Posadas, GR
34937. Mar. 13, 1933]. Also called Presuncion de hombre.
Presumption of marriage. Civ. Law. The presumption that persons
dwelling together in apparent matrimony, in the absence of any
counter-presumption or evidence special to the case, are in fact
married. The reason is that such is the common order of society, and if
the parties were not what they thus hold themselves out as being, they
would be living in the constant violation of decency and of law. [Adong
v. Cheong See Gee, GR L-18081. Mar. 3, 1922].
Presumption of payment of prior installments. The presumption
that prior installments were paid upon the presentation of a receipt of
payment subsequent thereto. [Manila Trading & Supply Co. v. Medina,
GR L-16477. May 31, 1961].
Presumption of regularity in the performance of official duty.
Evid. 1. A disputable or rebuttable presumption that an official act or
duty has been regularly performed. [Sec. 3 (m), Rule 131, RoC]. 2. The
presumption of regularity of official acts may be rebutted by affirmative
evidence of irregularity or failure to perform a duty. The presumption,
however, prevails until it is overcome by no less than clear and

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convincing evidence to the contrary. Thus, unless the presumption is
rebutted, it becomes conclusive. Every reasonable intendment will be
made in support of the presumption and in case of doubt as to an
officer's act being lawful or unlawful, construction should be in favor of
its lawfulness. [People v. De Guzman, GR 106025. Feb. 9, 1994, 31A
CJS pp. 332-336].
Presumption of renunciation in the delivery of a private
instrument. The presumption under Art. 1271 of the Civil Code that
the delivery of a private document evidencing a credit, made voluntarily
by the creditor to the debtor, implies the renunciation of the action
which the former had against the latter. [Claridades, A., Compilation of
Notes, 2001-2006].
Presumption of simultaneity. The presumption that when the testator
calls to the succession a person and his children, they are all deemed to
have been instituted simultaneously and not successively. [Art. 849,
CC].
Presumption of suppression of evidence. Evid. The disputable
presumption that evidence willfully suppressed would be adverse if
produced. [Sec. 3 (e), Rule 131, RoC].
Presumption of survivorship. See Survivorship presumption.
Presumption of validity. Evid. The presumption that a judgment of a
court of justice is valid and enforceable, where the record discloses that
all the steps necessary to confer jurisdiction have been taken, and that
the court has jurisdiction on the subject matter. There is presumption
that decisions of the trial court are correct. [Herrera, Remedial Law,
Vol. VI, 1999 Ed., p. 89].
Presumptive death declaration. Requisites: (a) That the absent
spouse has been missing for four consecutive years, or two consecutive
years if the disappearance occurred where there is danger of death
under the circumstances laid down in Art. 391, Civil Code; (b) that the
present spouse wishes to remarry; (c) that the present spouse has a
well-founded belief that the absentee is dead; and (d) that the present
spouse files a summary proceeding for the declaration of presumptive
death of the absentee. [Art. 41, FC].
Presuncion de hombre. Sp. See Presumption of man.

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Preterition (of heirs). Also Pretermission of heirs. Succ. 1. The
omission of one, some, or all of the compulsory heirs in the direct line,
whether living at the time of the execution of the will or born after the
death of the testator which shall annul the institution of heir; but the
devises and legacies shall be valid insofar as they are not inofficious.
[Art. 854, CC]. 2. The omission in the testator's will of the compulsory
heirs or anyone of them, either because they are not mentioned
therein, or, though mentioned, they are neither instituted as heirs nor
are expressly disinherited. [Neri v. Akutin, 72 Phil. 323].
Preterition. Succ. Requisites: 1. (a) The heir omitted must be a
compulsory heir in the direct line; (b) the omission must be complete
and total in character in such a way that the omitted heir does not and
has not received anything at all from the testator by any title
whatsoever; and (c) the compulsory heir omitted should survive the
testator. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p.
104, citing Art. 854, CC]. 2. (a) The heir omitted is a forced heir (in the
direct line); (b) the omission is by mistake or thru an oversight; (c) the
omission is complete so that the forced heir received nothing in the will.
[Separate Opinion, Melencio-Herrera in Acain v. IAC, GR L-72706. Oct.
27, 1987, citing Padilla, Civil Code Annotated, 1973 Ed., p. 224-225].
Pretermission of heirs. Succ. See Preterition of heirs.
Pretermission of Holiday. Where the day, or the last day, for doing
any act required or permitted by law falls on a regular holiday or special
day, the act may be done on the next succeeding business day. [Sec.
28, Chap. 7, Book I, Admin. Code of 1987].
Pretermitted child. Succ. A child born after a will is executed, who is
not provided for by the will. [Jurists Legal Dict., 2004].
Pre-test counseling. The process of providing an individual information
on the biomedical aspects of HIV/AIDS and emotional support to any
psychological implications of undergoing HIV testing and the test result
itself before he/she is subjected to the test. [Sec. 4, RA 8496].
Pre-trial. Rem. Law. A procedural device by which the court is called
upon after the filing of the last pleading, to compel the parties and their
lawyers to appear before it, and negotiate an amicable settlement or
otherwise make a formal statement and embody in a single document

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the issues of fact and law involved in the action, such as the number of
witnesses the parties intend to present, the tenor or character of their
testimonies, their documentary evidence, the nature and purpose of
each of them, and the number of trial dates that each will need to put
on his case. [Bench Book for Trial Court Judges, p. 2-33].
Pre-trial conference. Rem. Law. Conference among the opposing
attorneys and the judge called at the discretion of the court to narrow
the issues to be tried and to make a final effort to settle the case
without a trial. [Glossary of Legal Terms (Pro-Se), 2004].
Pre-trial investigation. Rem. Law. An investigation which corresponds
to the preliminary investigation, where the object is to determine the
existence of a prima facie case that would warrant the prosecution of
the accused. [Kapunan v. De Villa, GR L-83177. Dec. 6, 1988]. Compare
with Fact-finding inquiry.
Pre-trial order. Rem. Law. An order embodying the agreements
reached at the pre-trial conference which shall control the subsequent
course of the trial and should not be disturbed unless there would be
manifest injustice. [Dy, Jr. v. CA, GR 97130. June 19, 1991].
Pretrimonial advantage. The enrichment of a person by his receiving
and/or enjoying benefits from the service rendered or for the goods
delivered by another to him with the resulting improvement of the
condition of his life. [Morenos Law Dict., 2000 Ed., p. 360].
Prevailing party. The party to a suit who successfully prosecutes the
action or successfully defends against it, prevailing on the main issue,
even though not necessarily to the extent of his original contention.
[Blacks Law Dict., Abr. 5th Ed. (1983), 619].
Prevailing price. The average price at which any basic necessity has
been sold in a given time within a month from the occurrence of any of
the conditions enumerated under Sec. 6 of RA 7851. [Sec. 3, RA 7581].
Preventive injunction. Rem. Law. An injunction which commands a
party to refrain from doing an act. [Morenos Law Dict., 2000 Ed., p.
361]. Compare with Prohibition.
Preventive suspension. Admin. Law. 1. The suspension from office by
the proper disciplining authority of any subordinate officer or employee

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under his authority pending an investigation, if the charge against such
officer or employee involves dishonesty, oppression or grave
misconduct, or neglect in the performance of duty, or if there are
reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service. [EO 292]. 2. a preliminary step in
an administrative investigation. It is not a punishment. If after such
investigation, the charges are established and the person investigated
is found guilty of acts warranting his removal, then he is removed or
dismissed from office. This is the penalty. [Nera v. Garcia, GR L-13160.
Jan. 30, 1960].
Prevent losses. In its ordinary connotation, the phrase means that
retrenchment or termination of the services of some employees is
authorized to be undertaken by the employer sometime before the
losses anticipated are actually sustained or realized. [Lopez Sugar Corp.
v. Fed. of Free Workers, GR 75700-01. Aug. 30, 1990].
Price Act. RA 7581 entitled An Act providing protection to consumers
by stabilizing the prices of basic necessities and prime commodities and
by prescribing measures against undue price increases during
emergency situations and like occasions enacted on May 27, 1992.
Price ceiling. The maximum price at which any basic necessity or prime
commodity may be sold to the general public. [Sec. 3, RA 7581].
Price comparison. The direct comparison in any advertisement of a
seller's current price for consumer products or services with any other
price or statement of value for such property or services expressed in
pesos, centavos, fractions or percentages. [Art. 4, RA 7394].
Price difference. The amount obtained after subtracting the C.I.F.
import price from the trigger price. [Sec. 4, RA 8800].
Price subsidy. The payment of Government of an additional amount for
every unit of output sold by the farmers in the open market. [Sec. 4,
RA 7607].
Price tag. Any device, written, printed, affixed or attached to a
consumer product or displayed in a consumer repair or service
establishment for the purpose of indicating the retail price per unit or
service. [Art. 4, RA 7394].

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Priest. One especially consecrated to the service of a divinity and
considered as the medium through whom worship, prayer, sacrifice, or
other service is to be offered to the being worshipped, and pardon,
blessing, deliverance, etc., obtained by the worshipper, as a priest of
Baal or of Jehovah; a Buddhist priest. [Adong v. Cheong See Gee, GR
L-18081. Mar. 3, 1922].
Prima facie. Lat. At first sight. 1. On the first appearance. On the face
of it. A fact presumed to be true unless disproved by some evidence to
the contrary. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A
rule whereby a particular fact constitutes evidence of a state of affairs,
unless contradicted by other stronger, admissible evidence. [Tetley,
Prima facie case. A case that is sufficient and has the minimum amount
of evidence necessary to allow it to continue in the judicial process.
Prima facie evidence. 1. Evidence which, standing alone and
unexplained, would maintain the proposition and warrant the
conclusion to support which it is introduced. [Rep. v. Sandiganbayan,
GR 112708-09. Mar. 29, 1996]. 2. Evidence which suffices for the proof
of a particular fact until contradicted and overcome by other evidence.
Conclusive evidence.
Prima facie or disputable or rebuttable presumption. A
presumption which stays until evidence to the contrary is admitted.
Primarily confidential. The phrase denotes not only confidence in the
aptitude of the appointee for the duties of the office but primarily close
intimacy which insures freedom of [discussion and delegation and
reporting] without embarrassment or freedom from misgivings of
betrayals of personal trust or confidential matters of state. [Tria v. Sto.
Tomas, GR 85670. July 31, 1991].
Primary accountability. The accountability of the head of a
department or office for supplies or property transferred to his
department or office for issuance to the end-user. [IRR on Supply &

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Primary authority. Constitutions, codes, statutes, ordinances, and case
law sources. [Glossary of Legal Terms (Pro-Se), 2004].
Primary beneficiaries. The dependent spouse until he remarries and
dependent children. [Art. 167, LC]. Compare with Secondary
beneficiaries.
Primary beneficiary. A beneficiary who is first entitled to benefits on
the death of the insured. [Tiopianco, Commentaries & Jurisp. on the
Ins. Code of the Phil., 1999 Ed., p. 28].
Primary compulsory heirs. Heirs who are always entitled to their
legitime as provided by law regardless of the class of compulsory heirs
with which they may concur. They include all kinds of compulsory heirs
with the exception of parents or ascendants. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 236]. See Secondary
compulsory heirs.
Primary evidence. Also Best evidence. Evidence which affords the
greatest certainty of the fact in question. [Claridades, A., Compilation of
Notes, 2001-2006]. Compare with Secondary evidence or
Substitutionary evidence.
Primary jurisdiction doctrine. Courts cannot and will not determine a
controversy involving a question which is within the jurisdiction of an
administrative tribunal having been so placed within its special
competence under a regulatory scheme. In such instances the judicial
process is suspended pending referral to the administrative body for its
view on the matter in dispute. [Brett v. IAC, GR 74223, 27 Nov. 1990,
191 SCRA 687, 698 and Industrial Ent. v. CA, GR 88550, 18 Apr. 1990,
184 SCRA 426, 432].
Primary or corporate franchise. The right to exist as a corporation
which is vested in the individuals who compose the corporation and not
in the corporation itself, and cannot be conveyed in the absence of
legislative authority so to do. [JRS Business v. Imperial Ins., GR
L-19891. July 31, 1964]. Compare with Secondary or special
franchise.
Primary processing. The physical alteration of raw agricultural or
fishery products with or without the use of mechanical facilities. [Sec.
4, RA 8435].

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Prime commodities. They include fresh fruits; flour; dried processed
and canned pork; beef and poultry meat; dairy products not falling
under basic necessities; noodles; onions; garlic; vinegar; patis; soy
sauce; toilet soap; fertilizer; pesticides; herbicides; poultry; swine and
cattle feeds; veterinary products for poultry, swine and cattle; paper;
school supplies; nipa shingles; sawali; cement; clinker; GI sheets;
hollow blocks; plywood; plyboard; construction nails; batteries;
electrical supplies; light bulbs; steel wire; and all drugs not classified as
essential drugs by the DOH. [Sec. 3, RA 7581].
Primitive tribe. A group of endemic tribe living primitively as a distinct
portion of a people from a common ancestor. [Sec. 3, PD 705].
Principal. An agents master; the person for whom an agent has
received instruction and to whose benefit the agent is expected to
perform and make decisions. [Duhaime's Legal Dict., 2004].
Principal by indispensable cooperation. One who shall participate in
the criminal resolution, a conspiracy or unity in criminal purpose and
cooperation in the commission of the offense by performing another act
without which it would not have been accomplished. [People v. Jorge,
GR 99379. Apr. 22, 1994, citing Padilla, Crim. Law Book I, 1974 Ed., p.
517].
Principal by indispensable cooperation. Requisites: (a) participation
of the subject accused in the criminal resolution and (b) performance
by him of another act indispensable to the accomplishment of the
crime. [People v, Fronda, GR 102361-62. May 14, 1993].
Principal by inducement. Requisites: (a) That the inducement be
made directly with the intention of procuring the commission of the
crime; and (b) that such inducement be the determining cause of the
commission of the crime by the material executor. [People v. Dela Cruz,
GR L-30912. Apr. 30, 1980].
Principal debtor. A party ultimately liable on the negotiable instrument,
hence the maker or acceptor. [Diaz, Bus. Law Rev., 1991 Ed., p. 360].
Principal display panel. That part of the label that is most likely to be
displayed, presented, shown or examined under normal and customary
conditions of display for retail or sale. [Art. 4, RA 7394].

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Principal officer. The head of a consulate or consulate general of the
Principals. The following are considered principals: (a) Those who take
a direct part in the execution of the act; (b) those who directly force or
induce others to commit it; (c) those who cooperate in the commission
of the offense by another act without which it would not have been
accomplished. [Art. 17, RPC].
Printed. As applied to books, that which is produced by printing,
lithography, photography, duplication, or any like process. [Sec. 3, PD
812].
Printed matter. The reproduction upon paper, by any process except
that of handwriting or typewriting, of any words, letters, characters,
figures or images, or any combination thereof, not having the character
of an actual and personal correspondence. [Sec. 2, RA 7354].
Printer. The proprietor of the printing establishment. [Sec. 3, PD 812].
Prior est in tempore, potior est in jure. Lat. He who is first in time is
preferred in right. [La Urbana v. Bernardo, 62 Phil. 790, 806].
Priority of possession. Prior possession of the disputed property by a
contending party before the controversy arose. [Morenos Law Dict.,
2000 Ed., p. 363].
Prior restraint or censorship. A curtailment of the freedom of
expression and of the press made through restrictions or conditions in
advance of actual publication or dissemination. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 158].
Prior tempore potior jure. Lat. He who is first in time is preferred in
right. [Gomez v. Jugo, 48 Phil., 118 (1925)].
Prision correccional, suspension, and destierro. The penalties the
duration which shall be from six months and one day to six years,
except when suspension is imposed as an accessory penalty, in which
case, its duration shall be that of the principal penalty. [Art. 27, RPC].

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Prision mayor and temporary disqualification. The penalties the
duration of which shall be from six years and one day to twelve years
(of imprisonment), except when the penalty of disqualification is
imposed as an accessory penalty, in which case its duration shall be
that of the principal penalty. [Art. 27, RPC].
Prius tempore, potior jure. Lat. First in time, stronger in right. 1.
Knowledge by the first buyer of the second sale cannot defeat the first
buyer's rights except when the second buyer first registers in good faith
the second sale. [Olivares v. Gonzales, 159 SCRA 33]. 2. Conversely,
knowledge gained by the second buyer of the first sale defeats his
rights even if he is first to register, since knowledge taints his
registration with bad faith. [See also Astorga v. CA, GR 58530, 26 Dec.
1984]. 3. It is essential, to merit the protection of Art. 1544, 2nd Par.
of the Civil Code, that the second realty buyer must act in good faith in
registering his deed of sale. [Cruz v. Cabana, GR 56232, 22 June 1984,
129 SCRA 656, citing Carbonell v. CA, 69 SCRA 99, Crisostomo v. CA,
GR 95843, 02 Sep. 1992; Vitug, Compendium of Civil Law and Jurisp.,
1993 Ed., p. 604).
Privacion de libertad. Sp. Deprivation of liberty. As used in the Spanish
text of Art. 157 of the Rev. Penal Code, the term is not the same as the
word "imprisonment" as erroneously translated in the English text.
Hence, while "imprisonment" cannot include destierro, "privacion de
libertad" may include it. [People v. Abilong, GR L-1960. Nov. 26, 1948].
Inasmuch as the Rev. Penal Code was originally approved and enacted
in Spanish, the Spanish text governs. [People v. Manaba, 58 Phil., 665,
668].
Private. Belonging to or concerning, an individual person, company, or
interest. [Aquino-Sarmiento v. Morato, GR 92541. Nov. 13, 1991, citing
People v. Powell, 274 NW 372 (1937)]. Compare with Public.
Private bills. Bills filed in Congress that will not operate directly for the
public good but are calculated to serve goodwill (i.e., bills granting
honorary membership). [Claridades, A., Compilation of Notes,
2001-2006].
Private carrier. One which, without being engaged in the business of
carrying as a public employment, undertakes to deliver goods or
passengers for compensation. [Home Ins. Co. v. Amer. Steamship
Agency, 23 SCRA 24]. Compare with Common carriers.

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Private corporations. Corporations formed fro some private purpose,
benefit, or end. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed.,
p. 40]. Compare with Public corporations.
Private crimes. Crimes which cannot be prosecuted except upon a
complaint filed by the offended party, such as concubinage, adultery,
seduction, abduction, acts of lasciviousness and defamation imputing
any of the aforesaid offenses. [People v. CFI of Quezon, Branch VII, GR
L-46772. Feb. 13, 1992].
Private detective. A private detective is any person who is not a
member of a regular police agency of the Armed Forces of the
Philippines who does detective work for hire, reward, or commission.
[Sec. 3, RA 5487].
Private detective agency. A private detective agency is any person,
who, for hire or reward or on commission, conducts or carries on or
holds himself or itself out as conducting or carrying on a detective
agency, or detective service. [Sec. 3, RA 5487].
Private development banks. Banks duly organized under RA 4093
with authority to operate under existing laws. [Sec. 4, RA 7607].
Private document. Every deed or instrument executed by a private
person, without the intervention of a public notary or of other person
legally authorized, by which document some disposition or agreement
is proved, evidenced or set forth. [US v. Orera, GR 3810. Oct. 18,
1907].
Private employment agency. Ay person or entity engaged in the
recruitment and placement of workers for a fee which is charged,
directly or indirectly, from the workers or employers or both. [Art. 13,
LC].
Private Employment Agency Act. Act No. 3957, as amended.
Private enterprise. An economic system under which property of all
kinds can be privately owned and in which individuals, alone or in
association with another, can embark on a business activity. This
includes industrial, agricultural, agro-industrial or service establishments

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engaged in the production, manufacturing, processing, repacking,
assembly, or production of goods. [Sec. 1, IRR, RA 7796].
Private enterprises. An economic system under which property of all
kinds can be privately owned and in which individuals, alone or in
association with another, can embark on a business activity. [Sec. 4, RA
7796].
Private gratuitous permit. The gratuitous permit granted by the
provincial governor to any owner of land. [Sec. 50, RA 7942].
Private hospital. One which is privately owned, established and
operated with funds raised or contributed through donations, or by
private capital or other means, by private individuals, association,
corporation, religious organization, firm, company or joint stock
association. [Sec. 2, RA 4226].
Private international law. That division of international law that deals
primarily with the rights and duties of individuals and nongovernmental
organizations in their international affairs. [Intl. Law Dict. & Direct.,
2004]. See also Conf. of Laws.
Private labeler. An owner of a brand or trademark on the label of
consumer product other than a manufacturer of the product. [Art. 4, RA
7394].
Private land. Any land belonging to any private person which includes
alienable and disposable land being claimed by a holder, claimant, or
occupant who has already acquired a vested right thereto under the
law, although the corresponding certificate or evidence of title or patent
has not been actually issued. [Sec. 3, RA 7942].
Private law. 1. Body of rules which creates duties, rights and
obligations, and the means and methods of setting courts in motion for
the enforcement of a right or of a redress of wrong. [Suarez, Stat.
Con., (1993), p. 38, citing Words & Phrases, Vol. 24, 337]. 2. That law,
such as a contract between two persons or a real estate transaction,
which applies only to the persons who subject themselves to it.
Private motor vehicle. Any of the following: (a) Any motor vehicle
owned by individuals and juridical persons for private use; (b) any

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motor vehicle owned by the National Government or any of its
agencies, instrumentalities or political subdivisions, including
government-owned or controlled corporations or their subsidiaries for
official use; and (c) any diplomatic vehicle.
Private nuisance. 1. A nuisance that
Public nuisance. [Art. 695, CC]. 2.
rights and produces damages to but
Civil Code of the Phil., Vol. II, Repr.
346, 72 NE 1037].
is not included in the definition of

One which violates only private
one or a few persons. [Tolentino,
2001, p. 436, citing 34 Ind. App.
Private nuisance, remedies against. (a) A civil action; or (b)

abatement, without judicial proceedings. [Art. 705, CC].
Private ownership. Property belonging to private persons either
individually or collectively. [Memo. from the Exec. Sec. dated Aug. 20,
1998].
Private practice. The term, as commonly understood, means "an
individual or organization engaged in the business of delivering legal
services. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991].
Private practitioner. The term which in many ways is synonymous with
the word "lawyer." [Cayetano v. Monsod, GR 100113. Sep. 3, 1991].
Private recruitment entity. Any person or association engaged in the
recruitment and placement of workers, locally or overseas, without
charging, directly or indirectly, any fee from the workers or employers.
[Art. 13, LC].
Private right. Titled rights of ownership under existing laws, and in the
case of primitive tribes, to rights of possession existing at the time a
license is granted under the Forestry Reform Code, which possession
may include places of abode and worship, burial grounds, and old
clearings, but excludes production forest inclusive of logged-over areas,
commercial forests and established plantations of forest trees and trees
of economic value. [Sec. 3, PD 705].
Private schools. Educational institutions maintained and administered
by private individuals or groups. [Sec. 26, BP 232].

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Private sector infrastructure or development projects. The
general description of infrastructure or development projects normally
financed and operated by the public sector but which will now be
wholly or partly implemented by the private sector. [Sec. 2, RA 7718].
Private Security Agency Law, The. RA 5487 entitled An Act to
regulate the organization and operation of private detective, watchmen
or security guards agencies enacted on June 21, 1969.
Privies. Those who have mutual or successive relationship to the same
rights of property or subject matter such as personal representatives,
heirs, devisees, legatees, assigns, voluntary grantees, or judgment
creditors or purchasers from them with notice of the facts. [Claridades,
Privilege. 1. A benefit or advantage to certain persons beyond the
advantages of other persons, i.e., an exemption, immunity, power, etc.
[Glossary of Legal Terms (Pro-Se), 2004]. 2. A special and exclusive
legal advantage or right such as a benefit, exemption, power or
immunity. [Duhaime's Legal Dict., 2004].
Privileged communication. 1. A communication made bona fide upon
any subject matter in which the party communicating has an interest,
or in reference to which he has a duty and made to a person having a
corresponding interest or duty, although it contained incriminatory
matter which without this privilege would be slanderous and actionable
[Daez v. CA, GR 47971. Oct. 31, 1990, citing Harrison v. Bush, 5 E. &
B., 3441]. 2. A statement made by a person in trust to another, such as
a lawyer, a doctor or a priest, which statement may not be revealed at
the trial without the consent of the litigant. [Torres, Oblig. & Cont.,
2000 Ed., p. 354].
Privileged communication. Requisites in order that the privilege may
be successfully invoked: (a) the privilege is claimed in a civil case; (b)
the person against whom the privilege is claimed is one duly authorized
to practice medicine, surgery or obstetrics; (c) such person acquired
the information while he was attending to the patient in his professional
capacity; (d) the information was necessary to enable him to act in that
capacity; and, (e) the information was confidential and, if disclosed,
would blacken the reputation (formerly character) of the patient.
[Krohn v. CA, GR 108854. June 14, 1994].

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Privileged motion. A motion that pertains to a subject matter which,
under the rules, takes precedence over others. [Rule XXI. 123, Rules
of the HoR].
Privilege from arrest. Pol. Law. The immunity granted to the members
of the Congress under Art. VI, Sec. 11 of the 1987 Constitution from
arrest, in all offenses punishable by not more than six years
imprisonment, while the Congress is in session. [Claridades, A.,
Compilation of Notes, 2001-2006]. See Parliamentary immunities.
Privity. A legal relationship sufficiently close and direct to support a legal
claim on behalf of or against another with whom the relationship exists.
Privity of contract. 1. The relationship created between the parties to a
contract. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. That connection
or relation which exists between two or more contracting parties.
[Blacks Law Dict., Abr. 5th Ed. (1983), 631].
Privity of estate. That which exists between lessor and lessee, tenant
for life and remainderman or reversioner, etc. and their respective
assignees, and between joint tenants and co-partners. [Morenos Law
Dict., 2000 Ed., p. 365].
Privy. 1. One who is a partaker or has any part or interest in any action,
matter, or thing. [Morenos Law Dict., 2000 Ed., p. 365]. 2. A person
who is in privity with another. One who is a partaker or has any part or
interest in any action, matter, or thing. [Blacks Law Dict., Abr. 5th Ed.
(1983), 627].
Prize. Intl. Law. A thing captured at sea in time of war, such as a neutral
merchant vessel taken by a belligerent warship for engaging in hostile
activities or resisting visit and search, or because of reasonable
suspicion that it is liable to confiscation. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 152].
Prize court. Intl. Law. A tribunal established by a belligerent under its
own laws, in its territory or in the territory of any of its allies, for the
purpose of determining the validity of maritime captures. [Cruz, Intl.

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Probable aggressor. In the natural order of things, the person who,
before the event in question, had felt aggrieved or offended. [Morenos
Law Dict., 2000 Ed., p. 366].
Probable cause. 1. Such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief that his
action, and the means taken in prosecuting it, are legally just and
proper. [Bernas, The Const. of the Rep. of the Phils.: A Commentary,
Vol. I., 1987 Ed., p. 86, citing People v. Sy Juco, 64 Phil. 674 (1937)].
2. The existence of such facts and circumstances as would excite the
belief, in a reasonable mind, acting on the facts within the knowledge
of the prosecutor, that the person charged was guilty of the crime for
which he was prosecuted. [Que v. IAC, GR 66865, Jan. 13, 1989, 169
SCRA 137].
Probable cause, existence of. Requisites: (a) The judge (or) officer
must examine the witnesses personally; (b) the examination must be
under oath; and (c) the examination must be reduced to writing in the
form of searching questions and answers. [Marinas v. Sioco, 104 SCRA
403, Ponsica v. Ignalaga, GR 72301, July 31, 1987, 152 SCRA 647].
Probable cause for a search warrant. Such facts and circumstances
which would lead a reasonably discrete and prudent man to believe
that an offense has been committed and that the objects sought in
connection with the offense are in the place sought to be searched.
[Burgos v. Chief of Staff, GR 64261, Dec. 26, 1984, 133 SCRA 800].
Probable cause for the issuance of a warrant of arrest. Such facts
and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed by the person
sought to be arrested. [Allado v. Diokno, 232 SCRA 192 (1994)].
Probate. 1. The legal procedure to determine whether a certain
document claimed to be a last will and testament is valid and properly
executed in compliance with law. [Torres, Oblig. & Cont., 2000 Ed., p.
354]. 2. Court proceeding by which a will is proved valid or invalid. All
proceedings pertaining to the administration of estates such as the
process by which assets are gathered; applied to pay debts, taxes, and
expenses of administration; and distributed to those designated as
beneficiaries in the will. [Glossary of Legal Terms (Pro-Se), 2004]. 3.
The formal certificate given by a court that certifies that a will has been
proven, validated and registered and which, from that point on, gives

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the executor the legal authority to execute the will. [Duhaime's Legal
Dict., 2004]. See Allowance of wills.
Probate court. 1. The court with authority to supervise estate
administration. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The name
given to the court that has this power to ratify wills. [Duhaime's Legal
Dict., 2004].
Probation. 1. A disposition under which a defendant, after conviction
and sentence, is released subject to conditions imposed by the court
and to the supervision of a probation officer. [Sec. 3, PD 968]. 2. An
alternative to imprisonment allowing a person found guilty of an
offense to stay in the community, usually under conditions and under
the supervision of a probation officer. A violation of probation can lead
to its revocation and to imprisonment. [Glossary of Legal Terms
(Pro-Se), 2004]. 3. A kind of punishment given out as part of a
sentence which means that instead of jailing a person convicted of a
crime, a judge will order that the person reports to a probation officer
regularly and according to a set schedule. [Duhaime's Legal Dict.,
2004].
Probationary. The word, as used to describe the period of employment,
implies the purpose of the term or period, but not its length. [Intl.
Catholic Migration Commission v. NLRC, GR 72222. Jan. 30, 1989].
Probationary employee. As understood under Art. 282 (now Art. 281)
of the Labor Code, one who is on trial by an employer during which the
employer determines whether or not he is qualified for permanent
employment. [Intl. Catholic Migration Commission v. NLRC, GR 72222.
Jan. 30, 1989].
Probationary employment. Employment which shall not exceed six
months from the date the employee started working, unless it is
covered by an apprenticeship agreement stipulating a longer period.
The services of an employee who has been engaged on a probationary
basis may be terminated for a just cause or when he fails to qualify as
a regular employee in accordance with reasonable standards made
known by the employer to the employee at the time of his engagement.
An employee who is allowed to work after a probationary period shall
be considered a regular employee. [Art. 281, LC].
Probationer. A person placed on probation. [Sec. 3, PD 968].

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Probation Law of 1976. PD 968. entitled Establishing a probation
system, appropriating funds therefor and for other purposes signed
into law on July 24, 1976.
Probation officer. One who investigates for the court a referral for
probation or supervises a probationer or both. [Sec. 3, PD 968].
Pro bono. Lat. Provided for free. Pro bono publico means for the public
good. [Duhaime's Legal Dict., 2004].
Procedural due process. That which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial. It
contemplates notice and opportunity to be heard before judgment is
rendered affecting one's person or property. [Macabingkil v. Yatto, 21
SCRA 131 (1967), citing Cruzcosa v. Concepcion, 101 Phil. 147 (1957),
Abuan v. Valera, 72 SCRA 301(1976)]. Compare with Substantive due
process.
Procedural due process. Common elements: (a) Notice; and (b)
opportunity to be heard. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p.
98].
Procedural due process in administrative proceedings.
Requirements: (a) The right to a hearing which includes the right of the
party interested or affected to present his own case and submit
evidence in support thereof; (b) the tribunal must consider the
evidence presented; (c) the decision must have something to support
itself; (d) the evidence must be substantial; (e) the decision must be
rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected; (f) the
tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision;
(g) the tribunal or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved, and the reasons for the decisions rendered.
[Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Procedural due
process in judicial proceedings.
Procedural due process in judicial proceedings. Requirements: (a)
There must be a court of tribunal clothed with judicial power to hear

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and determine the matter before it; (b) jurisdiction must be lawfully
acquired over the person of the defendant or over the property which is
the subject of the proceeding; (c) the defendant must be given an
opportunity to be heard; and (d) judgment must rendered upon lawful
hearing. [El Blanco Espaol-Filino, v. Palanca, GR L-11390. Mar. 26,
1918]. Compare with Procedural due process in administrative
proceedings.
Procedural lapse or error. Proceedings (which are deemed to be) null
and void if and when the error is shown to have caused harm. [Lindo v.
Comelec, GR 95016. Feb. 11, 1991].
Procedural law. See Adjective law.
Procedural law. Also Adjective private law. The means and methods
of setting the courts in motion, making the facts known to them and
effectuating their judgments. [Suarez, Stat. Con., (1993), p. 39].
Compare with Substantive private law.
Procedure. The means whereby the court reaches out to restore rights
and remedy wrongs, and includes every step which may be taken from
the beginning to the end of a case [Maritime Co. v. Paredes, GR
L-24811. Mar. 3, 1967, citing 72 CJS 473].
Proceeding. A judicial, administrative, or other adjudicative process,
including related pre-hearing motions, conferences and disco-very.
[Sec. 3, RA 9285].
Process. It is equivalent to, or synonymous with proceedings or
procedure and embraces all the steps and proceedings in a cause from
its commencement to its conclusion. Sometimes, the term is also
broadly defined as the means whereby a court compels compliance
with its demands. [Macondray v. Bernabe, 67 Phil. 658,661 (1939),
citing 50 CJ 441].
Processed food or food products. Food that has been subjected to
some degree of processing like milling, drying, concentrating, canning,
or addition of some ingredients which changes partially or completely
the physico-chemical and/or sensory characteristics of the food's raw
material. [Sec. 3, RA 8976].

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Processing. Converting raw materials into marketable form by a special
treatment or a series of actions that results in a change of the nature or
state of the products, such as by slaughtering, milling, pasteurizing,
drying or desiccating, quick freezing, and the like. Merely packing,
packaging, or sorting out and classifying shall not, by themselves,
constitute processing. [Sec. 3, RA 6135].
Processing plant. Any mechanical set-up, machine or combination of
machine used for the processing of logs and other forest raw materials
into lumber, veneer, plywood, wallboard, blackboard, paper board,
pulp, paper or other finished wood product. [Sec. 3, Rev. Forestry
Code].
Processor. A person issued a license to engage in the treatment of
minerals or ore-bearing materials such as by gravity concentration,
leaching benefication, cyanidation, cutting, sizing, polishing and other
similar activities. [Sec. 3, RA 7076].
Processual presumption. The presumption that, in the absence of
proof, the foreign law is the same as the law of the forum. [Miciano v.
Brimo, 50 Phil. 867 (1924)].
Proces verbal. Intl. Law. The formal record of the proceedings or
conference, for which sometimes the term protocol is used. [Coquia
Procuration. Agency; proxy; the act of constituting another ones
attorney in fact. Indorsing a bill or note by procuration is doing it as
proxy to another or by his authority. [Blacks Law Dict., Abr. 5th Ed.
(1983), 631].
Procurement. 1. The acquisition of goods, consulting services, and the
contracting for infrastructure projects by the procuring entity.
Procurement shall also include the lease of goods and real estate. With
respect to real property, its procurement shall be governed by the
provisions of RA 8974. [Sec. 5, RA 9184]. 2. The acquisition of supplies
or property, including non-personal services, by written order or
contract through bidding or negotiation or by transfer under existing
laws or regulations. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Procuring entity. Any branch, department, office, agency, or
instrumentality of the government, including state universities and

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colleges,
government-owned
and/or
controlled
corporations,
government financial institutions, and local government units procuring
goods, consulting services and infrastructure projects. [Sec. 5, RA
9184].
Procuring entity, head of the. (i) The head of the agency or his duly
authorized official, for national government agencies; (ii) the governing
board or its duly authorized official, for government-owned
and/or-controlled corporations; or (iii) the local chief executive, for local
government units. Provided, That in a department, office or agency
where the procurement is decentralized, the Head of each decentralized
unit shall be considered as the Head of the procuring entity subject to
the limitations and authority delegated by the head of the department,
office or agency. [Sec. 5, RA 9184].
Producer. Any individual or group of individuals engaged in the
production of movies, films, motion pictures, shows or advertisements,
whether on cinema, theater, radio or television, wherein the services of
such child/employee are hired. [Sec. 2, RA 7658].
Producer goods. Goods (as tools and raw material) that are factors in
the production of other goods and that satisfy wants only indirectly;
also called auxiliary goods, instrumental goods, intermediate goods.
(They are by their very nature not sold to the public for consumption.)
[Marsman & Co. v. First Coconut Central Co., GR L-39841. June 20,
1988, citing Webster's 3rd New Intl. Dict., 1971 Ed.].
Producer of a sound recording. The person, or the legal entity, who
or which takes the initiative and has the responsibility for the first
fixation of the sounds of a performance or other sounds, or the
representation of sounds. [Sec. 202, RA 8293].
Producers cooperative. One that undertakes joint production whether
agricultural or industrial. [Art. 23, RA 6938].
Producing patented mineral claims. Those claims producing minerals
for commercial purposes. [Sec. 18, PD 464].
Product. Anything that is produced, whether as the result of generation,
growth, labor or thought. [Molina v. Rafferty, 38 Phil. 171; 50 CJS, pp.
631-632].

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Production cost. The total of the cost of direct labor, raw materials,
and manufacturing overhead, determined in accordance with generally
accepted accounting principles, which are incurred in manufacturing or
processing the products of a registered export producer. [Sec. 3, RA
6135].
Production infrastructure. Farm-to-market roads, irrigation, rural
electrification, ports, drying areas, public sites, warehouses and other
physical facilities used for productivity enhancing services, extension
management assistance, training, research and development. [Sec. 4,
RA 7607].
Productivity Incentives Act of 1990. RA 6971 entitled An Act to
encourage productivity and maintain industrial peace by providing
incentives to both labor and capital enacted on Nov. 22, 1990.
Productivity incentives program. A formal agreement established by
the labor-management committee containing a process that will
promote gainful employment, improve working conditions and result in
increased productivity, including cost savings, whereby the employees
are granted salary bonuses proportionate to increases in current
productivity over the average for the preceding three (3) consecutive
years. The agreement shall be ratified by at least a majority of the
employees who have rendered at least six (6) months of continuous
service. [Sec. 4, RA 6971].
Product liability. Legal responsibility of manufacturers and sellers to
buyers, users, and bystanders for damages or injuries suffered because
of defects in goods. [Jurists Legal Dict., 2004].
Profectitious property. Property given by the parents to the minor
child for the latter to administer. It is owned by the parents who are
also the usufructuary of the property. Compare with Adventitious
property.
Professional. One who pursues an art and makes his living therefrom
such as artists, athletes and others similarly situated. [Sec. 2, RA
7496].
Professional reinsurer. Any person, partnership, association or
corporation that transacts solely and exclusively reinsurance business in
the Philippines. [Sec. 280, IC].

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Professionals. Persons who derive their income from the practice of
their profession. This includes lawyers and other persons who are
registered with the Professional Regulation Commission such as
doctors, dentists, certified public accountants and others similarly
situated. [Sec. 2, RA 7496].
Professional squatters. Individuals or groups who occupy lands
without the express consent of the landowner and who have sufficient
income for legitimate housing. The term shall also apply to persons
who have previously been awarded homelots or housing units by the
Government but who sold, leased or transferred the same to settle
illegally in the same place or in another urban area, and non-bona fide
occupants and intruders of lands reserved for socialized housing. The
term shall not apply to individuals or groups who simply rent land and
housing from professional squatters or squatting syndicates. [Sec. 3,
RA 7279].
Profit. 1. The series of an amount received over the amount paid for
goods and services. [Nicolas v. CA, GR 122857. Mar. 27, 1998, citing
Barron's Law Dict., 1991]. 2. The excess of return over expenditure in a
transaction or series of transactions. [Nicolas v. CA, GR 122857. Mar.
27, 1998, citing Webster's 3rd New Intl. Dict., Unabr., 1986].
Profiteering. The sale or offering for sale of any basic necessity or
prime commodity at a price grossly in excess of its true worth. [Sec. 5,
RA 7581].
Pro forma. As a matter of form; in keeping with a form or practice.
Pro-forma motion. A motion that merely advances facts or arguments
that were already available when the preceding motion for
reconsideration was submitted. Such succeeding motion should not
interrupt any procedural period by the Rules of Court. [PAL v. Arca, 19
SCRA 300].
Pro-forma motion for new trial. 1. A motion for new trial based
exactly on the very ground alleged in the motion for reconsideration,
which does not suspend the period granted by law for perfecting an
appeal. [Samudio v. Municipality of Gainza, 100 Phil. 1013 (1957)]. 2. A
motion for new trial where the evidence claimed to be newly discovered

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is not specifically described in the motion. [See Loria v. CA, 6 SCRA
1067 (1962)]. 3. A motion for new trial on the ground of newly
discovered evidence which does not set forth facts or circumstances
which would qualify said evidence as newly discovered. [Dapin v.
Dionaldo, GR 55488. May 15, 1992].
Pro forma motion for reconsideration. 1. A motion which raises as a
ground that the judgment is against the evidence presented and is
against the law without pointing out the findings and pronouncements
made in that judgment that were contrary to evidence and the law.
[Morenos Law Dict., 2000 Ed., p. 366]. A motion for reconsideration
which is but a reiteration of the reasons and arguments previously set
forth in movants memorandum but which has already been considered,
weighed and resolved adversely to him in the decision rendered on the
merits. [Ibid.].
Pro-forma parties. Those who are required to be joined as co-parties
in suits by or against another party as may be provided by the
applicable substantive law or procedural rule. [Claridades, A.,
Program. The functions and activities necessary for the performance of
a major purpose for which a government agency is established. [Sec. 2,
Chap. 1, Book VI, EO 292].
Progressive tax. Also Graduated tax. 1. Tax the rate of which
increases as the tax base or bracket decreases. [De Leon,
Fundamentals of Taxation, 2000 Ed., p. 15]. 2. A tax in which the rate
of taxation increases as income increases. [Intl. Law Dict. & Direct.,
2004].
Progressive taxation. Taxation the rate of which goes up depending
on the resources of the person affected. [Reyes v. Almanzor, GR
49839-46. Apr. 26, 1991]. Compare with Equitable taxation.
Pro hac vice. Lat. For this turn; for this one particular occasion. [Blacks
Law Dict., Abr. 5th Ed. (1983), 633].
Prohibited drug. 1. This includes opium and its active components and
derivatives, such as heroin and morphine; coca leaf and its derivatives,
principally cocaine; alpha and beta eucaine; hallucinogenic drugs, such
as mescaline, lysergic acid diethylamide (LSD) and other substances

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producing similar effects; Indian hemp and its derivates; all
preparations made from any of the foregoing; and other drugs,
whether natural or synthetic, with the physiological effects of a narcotic
drug. [Sec. 2, RA 6425]. 2. This includes opium, cocaine, alpha and
beta eucaine, Indian hemp, their derivatives, and all preparations made
from them or any of them, and such other drugs, whether natural or
synthetic, having physiological action as a narcotic drug. [Art. 190,
RPC].
Prohibited transactions. Crim. Law. The felony committed by any
appointive public officer who, during his incumbency, shall directly or
indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction. [Art. 215,
RPC].
Prohibited pleadings and motions. Pleadings, motions, or petitions
not allowed in the cases covered by under Sec. 19 of the Revised Rules
on Summary Procedure. [Bayview Hotel v. CA, GR 119337. June 17,
1997].
Prohibited publication of acts referred to in the course of official
proceedings. Crim. Law. The felony committed by any reporter, editor
or manager or a newspaper, daily or magazine, who shall publish facts
connected with the private life of another and offensive to the honor,
virtue and reputation of said person, even though said publication be
made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such
facts have been mentioned. [Art. 357, RPC].
Prohibition. A legal restriction against the use of something or against
certain conduct. [Duhaime's Legal Dict., 2004].
Prohibition, interruption and dissolution of peaceful meetings.
Crim. Law. The felony committed by any public officer or employee: (a)
who, without legal ground, shall prohibit or interrupt the holding of a
peaceful meeting, or shall dissolve the same; or (b) who shall hinder
any person from joining any lawful association or from attending any of
its meetings, or (c) who shall prohibit or hinder any person from
addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances. [Art.
131, RPC].

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Prohibition, petition for. 1. When the proceedings of any tribunal,
corporation, board, or person, whether exercising functions judicial or
ministerial, are without or in excess of its or his jurisdiction, or with
grave abuse of discretion, and there is no appeal or any other plain,
speedy, and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court
alleging the facts with certainty and praying that judgment be rendered
commanding the defendant to desist from further proceedings in the
action or matter specified therein. [Sec. 2, Rule 65, RoC]. 2. Preventive
action intended to stop the court, corporation, board or person
exercising judicial or ministerial functions from the usurping or
exercising jurisdiction which it/he does not have. Prohibition does not
undo action but restraints further proceedings. An aggrieved party may
file this petition if there is no appeal or any other plain, speedy or
adequate remedy in the ordinary course of law which will prevent the
performance of some act. [Claridades, A., Compilation of Notes,
2001-2006].
Prohibitive laws, rule on. The rule that prohibitive laws concerning
persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered
ineffective by laws, or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country. [Art. 17, CC].
Prohibitory injunction. Rem. Law. An injunction that operates to
restrain the commission or continuance of an act and to prevent
threatened injury. It commands a person to refrain from doing an act.
Its sole objective is to preserve the status quo until the merits can be
heard. [Morenos Law Dict., 2000 Ed., p. 369]. 2. The relief demanded
in the plaintiff's complaint which consists in restraining the commission
or continuance of the act complained of, either perpetually or for a
limited period, and the other conditions required by Sec. 3, Rule 58 of
the Rules of Court are present. The purpose of this provisional remedy
is to preserve the status quo of the things subject of the action during
the pendency of the suit. [Calo v. Roldan, GR L-252. Mar. 30, 1946].
Compare with Mandatory injunction.
Project. A component of a program covering a homogenous group of
activities that results in the accomplishment of an identifiable output.
[Sec. 2, Chap. 1, Book VI, EO 292].

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Project employees. Those assigned to carry out a "specific project or
undertaking," the duration (and scope) of which were specified at the
time the employees were engaged for that project. [ALU-TUCP v. NLRC,
GR 109902. Aug. 2, 1994].
Project employment. Labor. An employment where the employees are
employed in connection with a particular construction project. [Poquiz,
Labor Rel. Law, 1999 Ed. p. 318].
Project proponent. The private sector entity which shall have
contractual responsibility for the project and which shall have an
adequate financial base to implement said project consisting of equity
and firm commitments from reputable financial institutions to provide,
upon award, sufficient credit lines to cover the total estimated cost of
the project. [Sec. 2, RA 7718].
Prolonging performance of
exercise by any public officer
employment or commission,
regulation or special provisions
duties and powers. The continuing

of the duties and powers of his office,
beyond the period provided by law,
applicable to the case. [Art. 237, RPC].
Promisee. 1. An individual to whom a promise is made. [Glossary of

Legal Terms (Pro-Se), 2004]. 2. A person who is to be the beneficiary
of a promise, an obligation or a contract. [Duhaime's Legal Dict., 2004].
Synonymous to Obligee.
Promissor. 1. An individual who makes a promise. [Glossary of Legal
Terms (Pro-Se), 2004]. 2. The person who has become obliged through
a promise (usually expressed in a contract) towards another, the
intended beneficiary of the promise being referred to as the promisee.
[Duhaime's Legal Dict., 2004]. Also sometimes referred to a Obligor.
Promissory estoppel. 1. An estoppel that may arise from the making of
a promise, even though without consideration, if it was intended that
the promise should be relied upon and in fact it was relied upon, and if
a refusal to enforce it would be virtually to sanction the perpetration of
fraud or would result in other injustice. [Ramos v. Central Bank, GR
L-29352, Oct. 4, 1971, 41 SCRA 565]. 2. A promise which estops the
promisee from asserting or taking certain action. [Glossary of Legal

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Promissory note. 1. An unconditional promise in writing made by one
person to another, signed by the maker, engaging to pay on demand,
or at a fixed or determinable future time, a sum certain in money to
order or to bearer. Where a note is drawn to the maker's own order, it
is not complete until indorsed by him. [Sec. 184, NIL]. 2. An
unconditional, written and signed promise to pay a certain amount of
money, on demand or at a certain defined date in the future. Contrary
to a bill of exchange, a promissory note is not drawn on any third party
holding the payor's money; it is a direct promise from the payor to the
payee. [Duhaime's Legal Dict., 2004]. Compare with Bill of exchange.
Promissory warranty. 1. A statement in a policy which imparts that it
is intended to do or not to do a thing which materially affects the risk
and that such act or omission shall take place. [Sec. 72, IC]. 2. A kind
of warranty that is in the nature of a condition subsequent, and a
breach thereof invalidates the policy from the time of breach.
Ed., p. 74].
Promoter. A person who, acting alone or with others, takes initiative in
founding and organizing the business or enterprise of the issuer and
receives consideration therefor. [Sec. 3, RA 8799].
Promoter of a company or a proposed company. A person who,
acting alone or in concert with other persons, is initiating or directing,
or has within one year initiated or directed, the organization of such
company. [Sec. 3, RA 2629].
Promotion. Admin. Law. 1. The advancement from one position to
another with an increase in duties and responsibilities as authorized by
law, and usually accompanied by an increase in salary. [Millares v.
Subido, 20 SCRA 954, 962 (1967)]. 2. It involves a lateral change as
opposed to a scalar ascent. [Sentinel Security Agency, Inc. v. NLRC, GR
122468. Sep. 3, 1998]. Compare with Transfer.
Promotions. An event or activity organized by or on behalf of a tobacco
manufacturer, distributor or retailer with the aim of promoting a brand
of tobacco product, which event or activity would not occur but for the
support given to it by or on behalf of the tobacco manufacturer's name,
trademark, logo, etc. on non-tobacco products. [Sec. 4, RA 9211].

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Promotion shares. Corp. Law. (a) Such shares as are issued to those
who may originally own the mining or valuable rights connected
therewith, in consideration of their deeding the same to the mining
company when the company is incorporated, or (b) such shares as are
issued to promoters, or those in some way interested in the company,
or for services rendered in launching or promoting the welfare of the
company, such as advancing the fees for incorporating, advertising,
attorneys fees, surveying, etc. [De Leon, Corp. Code of the Phil.
Annotated, 1989 Ed., p. 63, citing 11 Fletcher, p. 48].
Prompt. Done without delay. [Morenos Law Dict., 2000 Ed., p. 370].
Promulgation. 1. The process by which a decision is published, officially
announced, made known to the public or delivered to the clerk of court
for filing, coupled with notice to the parties or their counsel. [Neria v.
Comm. of Immigration, L-24800, May 27, 1968, 23 SCRA 812]. 2. The
delivery of a court decision to the clerk of court for filing and
publication. [Araneta v. Dinglasan, 84 Phil. 433]. 3. The filing of the
signed decision with the clerk of court. [Sumbing v. Davide, GR
86850-51, July 20, 1989]. Compare with Rendition.
Promulgation of judgment. The reading of a judgment or sentence in
the presence of the accused and the judge of the court who rendered
it; it is not the date of the writing of the decision or judgment.
[Enriquez v. Villarta, AM MTJ-02-1398, Feb. 27, 2002].
Proof. The degree or kind of evidence which will produce full conviction,
or establish the proposition to the satisfaction of the court. [Francisco,
Evidence, Vol. VII, Part 1, 1997 Ed., p. 2].
Proof beyond reasonable doubt. 1. Proof that calls for moral certainty
of guilt. [People v. Raquel, GR 119005. Dec. 2, 1996]. 2. Such proof to
the satisfaction of the court, keeping in mind the presumption of
innocence, as precludes every reasonable hypothesis except that which
it is given to support. It is not sufficient for the proof to establish a
probability, even though strong, that the fact charged is more likely to
be true than the contrary. It must establish the truth of the fact to a
reasonable and moral certainty a certainty that convinces and
satisfies the reason and the conscience of those who are to act upon it.
[Moreno, Phil. Law Dict., 1972 Ed., p. 379, citing US v. Reyes, 3 Phil.
3].

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Proof of service. Evidence submitted by a process server that he has
made service on a defendant in an action. It is also called a return of
service. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 635].
Proof of the corpus delicti. Proof indispensable in the prosecution of
all kinds of criminal offenses, corpus delicti being taken to mean the
substance of the crime, or the fact that a crime has actually been
committed. [People v. Madlangbayan, 94 SCRA 679].
Proof of the truth. The truth which may be given in evidence to the
court in every criminal prosecution for libel and which, if it appears that
the matter charged as libelous is true, and, moreover, that it was
published with good motives and for justifiable ends, shall acquit the
defendants. [Art. 361, RPC].
Proof liter. A liter of proof spirits. [Sec. 141, NIRC, as amended].
Proof spirits. Liquor containing one-half (1/2) of its volume of alcohol of
a specific gravity of seven thousand nine hundred and thirty-nine ten
thousandths (0.7939) at fifteen degrees centigrade (15C). [Sec. 141,
NIRC, as amended].
Proper action. An entirely separate and distinct action from that in
which execution has issued, if instituted by a stranger to the latter suit.
[Ong v. Tating, 149 SCRA 265, 277, citing Bayer Phil. v. Agana, 63
SCRA 355].
Proper law. The principle of conflict of laws according to which the law
applicable to a given legal situation should be the law having the
closest and most real connection to the case. [Tetley, Glossary of
Proper look-out. Mar. Law. One who has been trained as such and who
is given no other duty save to act as a look-out and who is stationed
where he can see and hear best and maintain good communication
with the officer in charge of the vessel, and who must, of course, be
vigilant. [Smith Bell and Co. (Phils.), Inc. v. CA, GR 56294. May 20,
1991].
Properly applicable law. The law which has the closest and most real
connection (or most significant relationship) with the contract or tort,

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based upon the connecting factors (contacts). [Tetley, Glossary of
Proper name. See Given name.
Proper party. 1. One which ought to be a party if complete relief is to
be accorded as between those already parties. [Laperal Devt. Corp. v.
CA, GR 96354. June 8, 1993]. 2. One who has sustained or is in danger
of sustaining an injury as a result of the act complained of. [Garcia v.
Exec. Sec., GR 100883. Dec. 2, 1991]. See Indispensable party.
Property. 1. All things which are or may be the object of appropriation.
They are considered either: (a) Immovable or real property; or (b)
movable or personal property. [Art. 414, CC]. 2. All real and personal
property, including but not limited to: water, water rights, works,
easements, rights of way. [Sec. 3, PD 198].
Property classification. The classification of property based on
ownership. These classifications are the following: (a) public domain
properties intended for public use, public service or for the
development of national wealth; (b) patrimonial property properties
owned by the state but are not intended for public use, public service
or for the development of national wealth; and (c) private ownership
property belonging to private persons either individually or collectively.
[Memo. from the Exec. Sec. dated Aug. 20, 1998].
Property limitation hazards. The restrictions on ownership and use of
the property. These include (a) limitations imposed by law, e.g. legal
easement, zoning advances; (b) limitations set by the owner such as
the owner of a subdivision imposes a height requirement on all
buildings to be erected; (c) limitations imposed by the owner who
conveyed the property such as the conditions in the Deed of Donation;
and (d) defective conveyances which represent a cloud of doubt on the
validity of documents. [Memo. from the Exec. Sec. dated Aug. 20,
1998].
Property of public dominion. 1. (a) Those intended for public use,
such as roads, canals, rivers, torrents, ports and bridges constructed by
the State, banks, shores, roadsteads, and others of similar character;
(b) those which belong to the State, without being for public use, and
are intended for some public service or for the development of the
national wealth. [Art. 420, CC]. 2. Things held by the State by regalian

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right. They are things res publicae in nature and hence, incapable of
private appropriation. [Rep. v. Alagad, GR 66807. Jan. 26, 1989].
Property ownership. The entity who owns the property lands as
private individuals in the state. [Memo. from the Exec. Sec. dated Aug.
20, 1998].
Property regime of unions without marriage. The property relations
between a man and a woman who are capacitated to marry each other,
live exclusively with each other as husband and wife without the benefit
of marriage or under a void marriage, whereby their wages and salaries
shall be owned by them in equal shares and the property acquired by
both of them through their work or industry shall be governed by the
rules on co-ownership. [Art. 147, FC].
Property Registration Decree. PD 1529 entitled Amending and
codifying the laws relative to registration of property and for other
purposes signed into law on June 11, 1978.
Property responsibility. The obligation of an individual for the proper
custody, care and safekeeping of property entrusted to his possession
or under his supervision. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].
Property taxes. 1. Taxes assessed on all property or on all property of
a certain class located within a certain territory on a specified date in
proportion to its value, or in accordance with some other reasonable
method of apportionment, the obligation to pay which is absolute and
unavoidable and it is not based upon any voluntary action of the person
assessed. A property tax is ordinarily measured by the amount of
property owned by the taxpayer on a given day, and not on the total
amount owned by him during the year. It is ordinarily assessed at
stated periods determined in advance, and collected at appointed
times, and its payment is usually enforced by sale of the property
taxed, and in occasionally, by imprisonment of the person assessed.
[Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am.
Jur. 57]. 2. Tax(es) levied on land and buildings (real estate) and on
personal property. [Glossary of Legal Terms (Pro-Se), 2004].
Property utilization. The usage which will be adopted for the property
whether for commercial, agricultural or residential purposes, or a mix
of these. [Memo. from the Exec. Sec. dated Aug. 20, 1998].

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Prophylactic. Any agent or device used to prevent the transmission of a
disease. [Sec. 4, RA 8496].
Propina. Earnest money, gratuity or fee. [Morenos Law Dict., 2000 Ed.,
p. 372].
Propinquity. Nearness in place; close-by. Also used to describe
relationships as synonymous for kin. [Duhaime's Legal Dict., 2004].
Proportional tax. Tax based on a fixed percentage of the amount of
the property, receipts, or other basis to be taxed. [De Leon,
Proportionate or comparative fault. The rule for apportioning
damages in tort or delict, whereby each party whose fault has
contributed to the total loss or damage is held liable for that loss or
damage in a proportion corresponding to that party's fault or
negligence. At common law, however, proportionate (comparative)
fault only replaced the old common law contributory negligence rule
which precluded any recovery by a plaintiff whose fault or negligence
had contributed to his loss or damage in even the slightest degree.
Proposal. 1. Intl. Law. A diplomatic document containing an offer to
settle a dispute. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p.
494]. 2. Pol. Law. The motion of initiating suggestions or proposals on
the amendment or revision (of the Philippine Constitution) which may
either be by (a) Congress, upon a vote of three-fourths of all its
Members; or (b) a Constitutional Convention; or (c) the people through
initiative. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 15].
Proposal bond. Also Bid bond. A bond which has for its purpose to
assure the owner of the project of the good faith of the bidder and that
the bidder will enter into a contract with the project owner should his
proposal be accepted. [Eastern Assurance & Surety Corp. v. IAC, GR
69450. Nov. 22, 1989]. Compare with Performance bond.
Proposal to commit a felony. It exists when the person who has
decided to commit a felony proposes its execution to some other
person or persons. [Art. 8, RPC].

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Proposition. The measure proposed by the voters. [Sec. 3, RA 6735].
Propositus. The second person involved in reserva troncal who is the
descendant from whom the property is directly acquired by the
ascendant reservista. Also known as Descendant-propositus.
[Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 256].
Proprietary educational institution. Any private school maintained
and administered by private individuals or groups with an issued permit
to operate from the Department of Education (DEP-ED), or the
Commission on Higher Education (CHED), or the Technical Education
and Skills Development Authority (TESDA), as the case may be, in
accordance with existing laws and regulations. [Sec. 27, NIRC, as
amended].
Proprietary function. Also Ministrant function. Pol. Law. A service
which might as well be provided by a private corporation, and
particularly when it collects revenues from it, as to which there may be
liability for the torts of agents within the scope of their employment.
[Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare
with Governmental or Constituent function.
Proprietor. 1. One who has the legal right of exclusive title to anything,
whether in possession or not; an owner, sometimes, especially in
statutory construction, in a wider sense, a person having interest less
than absolute and exclusive right, as the usufruct, present control and
use, of property. [Blaquera v. De Aldaba, GR L-1053. Mar. 30, 1960,
citing Vol. II Merriam-Webster, 2nd Ed., p. 1986]. 2. Owner; person
who has legal right or title to anything. [Glossary of Legal Terms
(Pro-Se), 2004].
Pro rata. Lat. 1. In proportion or
share, interest or liability of each
L-21836. Apr. 22, 1975, citing Art.
divide proportionate to a certain
Dict., 2004].
ratably, or a division according to

(Carried Lumber Co. v. ACCFA, GR
2249, CC and 72 CJS. 967-8). 2. To
rate or interest. [Duhaime's Legal
Pro se. Lat. 1. In one's personal behalf. [Duhaime's Legal Dict., 2004]. 2.
For himself; in his own behalf. One who does not retain a lawyer and
appears for himself in court. [Jurists Legal Dict., 2004]. Contrast with
Pro socio.

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Prosecute. 1. To begin and to carry on a legal proceeding. [Camanag v.
Guerrero, GR 121017. Feb. 17, 1997]. 2. It marks the commencement
of a criminal prosecution and precedes and determines the filing of an
information. [City Fiscal v. Phil. Banking Corp., 53694-R, Sep. 28, 1977
cited in Moreno, Phil. Law Dict.].
Prosecution. 1. A criminal action: a proceeding instituted and carried on
by due course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with crime.
[Camanag c. Guerrero, GR 121017. Feb. 17, 1997, citing Black's Law
Dict.]. 2. A criminal action: a proceeding instituted and carried on by
due course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with crime.
Prosecutor. A trial lawyer representing the government in a criminal
case and the interests of the state in civil matters. In criminal cases,
the prosecutor has the responsibility of deciding who and when to
prosecute. [Glossary of Legal Terms (Pro-Se), 2004].
Pro socio. Lat. On behalf of a partner; not on one's personal behalf.
[Duhaime's Legal Dict., 2004]. Contrast with Pro se.
Prospective construction. A rule that all statutes are to be construed
as having only prospective operation unless the purpose and intention
of the legislature to give them retrospective effect is expressly declared
or is necessarily implied from the language used. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 10]. Compare with Contemporaneous
construction by executive officers.
Prospectivity. Also Irretrospectivity. A characteristic of criminal law
where the law is deemed not to have any retroactive effect, except if it
favors the offender unless he is a habitual delinquent [Art. 22, RPC] or
the law otherwise provides. [Gregorio, Fund. of Crim. Law Rev., 1997
9th Ed., p. 2].
Prospectivity rule. Exceptions [as collated in Paras, Civil Code of the
Phil. Annotated, 1984 ed., Vol. 1, pp. 22-23]: (a) Laws remedial in
nature; (b) penal law favorable to accused, if latter not habitual
delinquent; (c) laws of emergency nature under police power: e.g.,
tenancy relations [Vda. de Ongsiako v. Gamboa, 47 OG 4259, Valencia
v. Surtida, May 31, 1961]; (d) curative laws; (e) substantive right
declared for the first time unless vested rights are impaired. [Unson v.

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del Rosario, Jan. 29, 1953; Belen v. Belen, 49 OG 997; People v.
Alejaga, 49 OG 2833].
Prospectus. 1. The document made by or an behalf of an issuer,
underwriter or dealer to sell or offer securities for sale to the public
through registration statement filed with the Tariff Commission. [Sec. 3,
RA 8799]. 2. A document in which a corporation sets out the material
details of a share or bond issue and inviting the public to invest by
purchasing these financial instruments. [Duhaime's Legal Dict., 2004].
Prostitutes. 1. Women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct. [Art. 202, RPC]. 2. Persons
who offer sexual intercourse for hire. [Duhaime's Legal Dict., 2004].
Prostitution. 1. Any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse or lascivious conduct
in exchange for money, profit or any other consideration. [Sec. 3, RA
9208]. 2. A crime against public morals, committed by a woman,
whether married or not, who, for money or profit, habitually indulges in
sexual intercourse or lascivious conduct. [People v. Hong, GR L-27830.
May 29, 1970].
Pro tanto. Lat. For so much; for as much as may be; as far as it goes.
Protected area. Identified portions of land and water set aside by
reason of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human
exploitation. [Sec. 4, RA 7586].
Protected landscapes or seascapes. Areas of national significance
which are characterized by the harmonious interaction of man and land
while providing opportunities for public enjoyment through recreation
and tourism within the normal lifestyle and economic activity of these
areas. [Sec. 4, RA 7586].
Protection Order. An order issued under this act for the purpose of
preventing further acts of violence against a woman or her child
specified in Section 5 of RA 9262 and granting other necessary relief.
The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in
the victim's daily life, and facilitating the opportunity and ability of the

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victim to independently regain control over her life. [Sec. 8, RA 9262].
See also Temporary Protection Order and Permananent
Protection Order.
Protective principle. Doctrine that a court has criminal jurisdiction if
the national interest is injured. [Intl. Law Dict. & Direct., 2004].
Protectorate. Intl. Law. A state established at the request of the
weaker state for the protection of a strong power. Compare with
Suzerainty.
Protector or coddler. Any person who lends or provides protection, or
receives benefits in any manner in the operation of any illegal numbers
game. [Sec. 2, RA 9287].
Pro tempore. Lat. Something done temporarily only and not intended to
be permanent. [Duhaime's Legal Dict., 2004].
Protest. Admin. Law. A mode of action that may be availed of by the
aggrieved party to contest the appointment made, and the protest
must be "for cause" or predicated on those grounds provided for under
Sec. 19 par. (6) of the Civil Service Law (PD 807) namely: (a) that the
appointee is not qualified; (b) that the appointee is not the
next-in-rank; and (c) in case of appointment by transfer, reinstatement,
or by original appointment, that the protestant is not satisfied with the
written special reason or reasons given by the appointing authority.
[Aquino v. CSC, GR No. 92403. Apr. 22, 1992].
Protest. Nego. Inst. 1. A formal document made under the hand and
seal of a Notary Public certifying to the circumstances of a foreign bill.
[Diaz, Bus. Law Rev., 1991 Ed., p. 372]. 2. Formal certification that a
negotiable instrument was dishonored by a party liable for its payment.
Protest. Prop. Mgt. The objection to a contemplated or actual award.
[IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Protest bond. Prop. Mgt. A bond in cash, certified or cashier's check, or
surety required of protestants against awards. [IRR on Supply & Prop.

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Protocol. Intl. Law. 1. An instrument which amends or supplements an
existing treaty or convention. Sometimes, it is referred to also in a
loose manner as an ordinary agreement. 2. A supplementary
agreement to a convention that adds to or changes some provision of
the convention only for the states parties who adopt the protocol. [Intl.
Protocol de cloture. See Act or Final act.
Provincial certificate of canvass of votes. A document containing
the total votes in words and in figures obtained by each candidate in a
province. [Sec. 2, RA 8046].
Provisional absence. The disappearance of a person from his domicile,
his whereabouts being unknown, and without leaving an agent to
administer his property, at which instance, the judge, at the instance of
an interested party, a relative, or a friend, may appoint a person to
represent him in all that may be necessary. [Art. 381, CC]. Compare
with Declared absence.
Provisional director. Corp. Law. An impartial person who is neither a
stockholder nor a creditor of the corporation or of any subsidiary or
affiliate of the corporation, and whose further qualifications, if any, may
be determined by the (Securities and Exchange) Commission (SEC). He
is not a receiver of the corporation and does not have the title and
powers of a custodian or receiver. He has all the rights and powers of a
duly elected director of the corporation, including the right to notice of
and to vote at meetings of directors, until such time as he shall be
removed by order of the (SEC) or by all the stockholders. [Sec. 104,
Corp. Code].
Provisional remedy. Rem. Law. A collateral proceeding, permitted
in connection with a regular action, and as one of its incidents;
which is provided for present need, or for the occasion, that is,
adapted to meet a particular exigency. [Feria and Noche, Civ.
Annotated, Vol. 1, 2001 Ed., p. 261, citing 1 CJ, Actions, 39].
only
one
one
Pro.
Provisional takeover. A remedy authorized under Sec. 3 (c) of EO 1

(1986) where what is taken into custody is not only the physical assets
of the business enterprise or entity taken over by the government of
the Marcos Administration or by entities or persons close to former

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914
President Marcos, but the business operation as well. [Bataan Shipyard
Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987].
Provisos. A clause added to an enactment for the purpose of acting as a
restraint upon or as a qualification of, the generality of the language
which it follows. [Suarez, Stat. Con., (1993), p. 48].
Proxies. See Proxy.
Proximate. That immediately preceding or following (as in a chain of
events, causes or effects). [Webster's 3rd New Intl. Dict., 1993].
Proximate cause doctrine. 1. Any cause which, in natural and
continuous sequence, unbroken by any efficient intervening cause,
produces the result complained of and without which would not have
occurred and from which it ought to have been foreseen or reasonably
anticipated by a person of ordinary case that the injury complained of
or some similar injury, would result therefrom as a natural and
probable consequence. [People v. Desalina, 57 OG 8694]. 2. That cause
which, in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without which the result
would not have occurred. [38 Am. Jur. 695]. 3. The last negligent act
which contributes to an injury. A person generally is liable only if an
injury was proximately caused by his or her action or by his or her
failure to act when he or she had a duty to act. [Jurists Legal Dict.,
2004].
Proximate legal cause. That acting first and producing the injury,
either immediately or by setting other events in motion, all constituting
a natural and continuous chain of events, each having a close causal
connection with its immediate predecessor, the final event in the chain
immediately effecting the injury as a natural and probable result of the
cause which first acted, under such circumstances that the person
responsible for the first event should, as an ordinarily prudent and
intelligent person, have reasonable ground to expect at the moment of
his act or default that an injury to some person might probably result
therefrom. (Urbano v. IAC, GR 72964, Jan. 7, 1988, 157 SCRA 1,
quoting Vda. De Bataclan v. Medina, 102 Phil. 181).
Proximity of relationship. See Relationship proximity.

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Proximity rule. The rule that, in every inheritance, the relative nearest
in degree excludes the more distant ones, saving the right of
representation when it properly takes place. [Art. 962, CC].
Proxy. 1. The representative of a stockholder or member duly authorized
in writing to vote in all meetings of stockholders or members of a
corporation. 2. The written authority given by stockholder or member
to his representative, signed by the stockholder or member himself and
filed before the scheduled meeting with the corporate secretary. Unless
otherwise provided in the proxy, it shall be valid only for the meeting
for which it is intended. No proxy shall be valid and effective for a
period longer than five (5) years at any one time. [Sec. 58, Corp.
Code].
PSC. Philippine Sports Commission.
Psychological incapacity. Legal Med. It covers all possible mental
disorders that are so grave or serious enough as to persistently and
permanently incapacitate a person to perform the normal and ordinary
functions of a married life. Such incapacity must be incurable and
irreversible. As a legal ground for the annulment of the marriage, or for
the declaration of the nullity of the marriage, the condition must have
existed at the time of the marriage even if it manifested only at a later
time. [Olarte, Legal Med., 1st Ed. (2004), p. 146].
Psychological violence. Acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children. [Sec. 3, RA 9262].
PTA. Philippine Tourism Authority.
Pterygium. A triangular fleshy mass of thickened conjunctiva occurring
usually at the inner side of the eyeball, covering part of the cornea and
causing a disturbance of vision. [Aguja v. GSIS, GR 84846. Aug. 5,
1991, citing Dorland, Illustrated Medical Dict., 24th Ed., 1965].

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Public. 1. Common to all or many; general; open to common use. [Izon
v. People, GR L-51370. Aug. 31, 1981, citing Black's Law Dict. 1393
(Rev. 4th Ed.)]. 2. Pertaining to, or belonging to, or affecting a nation,
state, or community at large. [Aquino-Sarmiento v. Morato, GR 92541.
Nov. 13, 1991, citing People v. Powell, 274 NW 372 (1937)]. Compare
with Private.
Public Acts. Statutes passed and approved by the Philippine
Commission and the Philippine Legislature from 1901 to 1935. [Suarez,
Stat. Con., (1993), p. 42].
Public adjuster. Any person, partnership, association or corporation
which, for money, commission or any other thing of value, acts on
behalf of an insured in negotiating for, or effecting, the settlement of a
claim or claims of the said insured arising under insurance contracts or
policies, or which advertises for or solicits employment as an adjuster of
such claims. [Sec. 324, IC].
Public aircraft. An aircraft used exclusively in the service of the
National Government of the Republic of the Philippines or of any
political subdivision or instrumentality thereof, but not including any
government-owned aircraft engaged in air commerce. [Sec. 3, RA 776].
Public assembly. Any rally, demonstration, Mar., parade, procession or
any other form of mass or concerted action held in a public place for
the purpose of presenting a lawful cause; or expressing an opinion to
the general public on any particular issue; or protesting or influencing
any state of affairs whether political, economic or social; or petitioning
the government for redress of grievances. [Sec.3, BP 880].
Public Assembly Act of 1985, The. BP 880 entitled An Act ensuring
the free exercise by the people of their right peaceably to assemble and
petition the government for other purposes enacted on Oct. 22, 1985.
Public assembly building. Any building or structure where fifty (50) or
more people congregate, gather, or assemble for any purpose. [Sec. 3,
PD 1185].
Publication. In libel, the term means making the defamatory matter,
after it has been written, known to someone other than the person to
whom it has been written. [Ledesma v. CA, GR 113216. Sep. 5, 1997].

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917
Publication of a fixed performance or a sound recording. The
offering of copies of the fixed performance or the sound recording to
the public, with the consent of the right holder: Provided, That copies
are offered to the public in reasonable quality. [Sec. 202, RA 8293].
Publication of general circulation. To qualify as such under PD 1079,
the following requisites must concur: (a) It must be published in the
same city and/or province where the requirement of general circulation
applies; (b) it must be authorized by law to be published; and (c) the
newspaper or periodical must be regularly published for at least one
year before the date of publication of the notices or advertisements
which may be assigned to it. [Morenos Law Dict., 2000 Ed., p. 377].
Public attorney or defender. Government lawyer who provides free
legal defense services to a poor person accused of a crime. [Jurists
Legal Dict., 2004].
Public auction. Synonymous to public bidding as applied to sale of
disposable supplies of property. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].
Public building. Every building owned by the Government or belonging
to a private person not included, used or rented by the Government,
although temporarily unoccupied by the same. [Art. 301, RPC].
Public concern. A term that, like "public interest," eludes exact
definition. Both terms embrace a broad spectrum of subjects which the
public may want to know, either because these directly affect their
lives, or simply because such matters naturally arouse the interest of an
ordinary citizen. [Legaspi v. CSC, GR 72119. May 29, 1987].
Public convenience or necessity. Something fitting or suited to the
public need. [Kilusang Mayo Uno v. Garcia, GR 115381. Dec. 23, 1994,
Public conveyance. Mode of transportation servicing the general
population such as, but not limited to, elevators, airplanes, buses,
taxicabs, ships, jeepneys, light rail transits, tricycles, and similar
vehicles. [Sec. 4, RA 9211].

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918
Public corporations. Corporations formed or organized for the
government of a portion of the State. [De Leon, Corp. Code of the Phil.
Annotated, 1989 Ed., p. 40]. Compare with Private corporations.
Public debt. That debt which is due (to) or owing by the government.
[Peralta v. Serrano, GR L-16523. Nov. 29, 1960, citing 2 Bouvier's Law
Dict. (3rd Rev.) 1912, at p. 2764].
Public documents. 1. (a) The written official acts, or records of the
official acts of the sovereign authority, official bodies and tribunals, and
public officers, whether of the Philippines, or of a foreign country; (b)
documents acknowledged before a notary public except last wills and
testaments; and (c) public records, kept in the Philippines, of private
documents required by law to be entered therein. [Sec. 19, Rule 132,
RoC]. 2. Any instrument authorized by a notary public or a competent
public official, with the solemnities required by law. [Bermejo v. Barrios,
GR L-23614. Feb. 27, 1970].
Public dominion property. See Property of public dominion.
Public employment. It signifies employment in the service of the
national government and its political subdivisions and instrumentalities.
It does not include employment as public officer elected by the popular
vote. [Sec. 39, RA 4119].
Public figure. Also Celebrity. A person who, by his accomplishments,
fame, or mode of living, or by adopting a profession or calling which
gives the public a legitimate interest in his doings, his affairs, and his
character, has become a public personage. He is, in other words, a
celebrity. Obviously, to be included in this category are those who have
achieved some degree of reputation by appearing before the public. It
includes, in short, anyone who has arrived at a position where public
attention is focused upon him as a person. [Ayer Productions v.
Capulong, GR L-82380. Apr. 29, 1988, citing Prosser and Keeton on
Torts, 5th Ed. at 859-861 (1984)].
Public finance. The financial operations of all levels of government.
Such operations include budgeting, taxing, appropriating, purchasing,
borrowing, disbursing funds, and regulating the currency. [De Leon,
Fundamentals of Taxation, 2000 Ed., p. 25, citing Sloan & Zurcher, A
Dict. Of Economics (1953), p. 14].

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919
Public forest. 1. The mass of lands of the public domain which has not
been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and which
are not. [Sec. 3, PD 705]. 2. It includes, except as otherwise specially
indicated, all unreserved public land including nipa and mangrove
swamps and all forest reserves of whatever character. [Sec. 1820, Act
926].
Public functionaries. All persons who, by direct requirement of law, or
by popular election, or by public appointment by competent authority,
participate in the exercise of public functions. [US v. Sarmiento, GR
880. Nov. 14, 1902].
Public health services. Services that strengthen preventive and
promotive health care through improving conditions in partnership with
the community at large. These include control of communicable and
non-communicable diseases, health promotion, public information and
education, water and sanitation, environmental protection, and
health-related data collection, surveillance, and outcome monitoring.
[Sec. 1, RA 9241].
Public international law. That division of international law that deals
primarily with the rights and duties of states and intergovernmental
organizations as between themselves. [Intl. Law Dict. & Direct., 2004].
Publicity agent. Any person who engages directly or indirectly in the
dissemination and/or publication of information for and on behalf of a
principal. [Sec. 3, BP 39].
Public Land Act. CA 141, as amended, entitled An Act to amend and
compile the laws relative to lands of the public domain enacted on
Nov. 7,1936.
Public lands. Lands of the public domain which have been classified as
agricultural lands and subject to management and disposition or
concession under existing laws. [Sec. 3, RA 7942].
Public law. That law such as traffic ordinances or zoning ordinances
which applies to the public. [Glossary of Legal Terms (Pro-Se), 2004].
Public market. 1. Any place, building or structure of any kind
designated as such by the local board or council, except public streets,

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920
plazas, parks, and the like. [Sec. 1, PD 426]. 2. One that is dedicated to
the service of the general public and is operated under government
control and supervision as a public utility, whether it be owned by the
government or any instrumentality thereof or by any private individual.
[Aranque Market Ext. Chinese Vendors Assoc. v. De la Fuente, 48 OG
94].
Public motor vehicle. Public utility vehicle or vehicle for hire. [Sec. 3,
RA 8750].
Public nuisance. 1. Nuisance that affects a community or neighborhood
or any considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be unequal. [Art.
695, CC]. 2. The doing of or the failure to do something, that
injuriously affects the safety, health, or morals of the public; it causes
hurt, inconvenience, or injury to the public, generally, or to such part of
the public as necessarily comes in contact with it. [Tolentino, Civil Code
of the Phil., Vol. II, Repr. 2001, p. 436, citing 181 Ky. 459; 205 SW
581]. See Private nuisance.
Public nuisance, remedies against. (a) A prosecution under the Penal
Code or any local ordinance: or (b) a civil action; or (c) abatement,
without judicial proceedings. [Claridades, A., Compilation of Notes,
2001-2006].
Public officer. 1. Any person holding any public office in the
Government of the Republic of the Philippines by virtue of an
appointment, election or contract. [Sec. 1, RA 7080]. 2. Any person
who, by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public
functions in the Government of the Philippines, of shall perform in said
Government or in any of its branches public duties as an employee,
agent or subordinate official, of any rank or class. [Art. 203, RPC].
Public officer revealing secrets of private individual. Crim. Law.
The felony committed by any public officer to whom the secrets of any
private individual shall become known by reason of his office who shall
reveal such secrets. [Art. 230, RPC].
Public officials. Elective and appointive officials and employees (of the
government), permanent or temporary, whether in the career or
non-career service, including military and police personnel, whether or

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921
not they receive compensation, regardless of amount. [Sec. 3, RA
6713].
Public order. A civil law term which refers to domestic rules and legal
principles reflecting lofty standards of morality and social conduct in a
civilized society. [Tetley, Glossary of Conflict of Laws, 2004].
Public place. Any highway, boulevard, avenue, road, street, bridge or
other thoroughfare, park, plaza, square, and/or any open space of
public ownership where the people are allowed access. [Sec.3, BP 880].
Public places. Enclosed or confined areas of all hospitals, medical
clinics, schools, public transportation terminals and offices, and building
such as private and public offices, recreational places, shopping malls,
movie houses, hotels, restaurants, and the like. [Sec. 4, RA 9211].
Public policy. A common law term which refers to fundamental
principles of natural justice found in a state's constitution, bill of rights,
laws, regulations, precedents and accepted customs. [Tetley, Glossary
of Conflict of Laws, 2004].
Public prosecutor. 1. The representative not of an ordinary party to a
controversy, but of a sovereignty whose obligation to govern impartially
is as compelling as its obligation to govern at all; and whose interest,
therefore, in a criminal prosecution is not that it shall win a case but
that justice shall be done. As such, he is in a peculiar and every definite
sense the servant of the law, the two fold aim of which is that guilt
shall not escape or innocence suffer. [Suarez v. Platon, 69 Phil 556
(1940)]. 2. He owes the state, the court and the accused the duty to
lay before the court the pertinent facts at his disposal with methodical
and meticulous attention, clarifying contradictions and filling up gaps
and loopholes in his evidence to the end that the court's mind may not
be tortured by doubts, the innocent may not suffer, and the guilty may
not escape unpunished. [People v. Esquivel, 82 Phil. 453 (1948)].
Public purpose. Synonymous with Governmental purpose. A purpose
affecting the inhabitants of the state or taxing district as a community
and not merely as individuals. [De Leon, Fundamentals of Taxation,
2000 Ed., p. 41, citing 51 Am. Jur. 378].
Public relations counsel. Any person who engages directly or
indirectly in informing, advising, or in any way representing a principal

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in any matter affected by the public policies or interests of a principal.
[Sec. 3, BP 39].
Public sale. One where there has been public notice of the sale, in
which anybody has a right to bid and offer to buy. [Tolentino, Civil
Code of the Phil., Vol. II, Repr. 2001, p. 310].
Public schools. Educational institutions established and administered by
the government. [Sec. 26, BP 232].
Public service. The term includes every person that now or hereafter
may own, operate, manage, or control in the Philippines, for hire or
compensation, with general or limited clientele, whether permanent,
occasional or accidental, and done for general business purposes any
common carrier, railroad, street railway, traction railway, subway,
motor vehicle, either for freight or passenger, or both, with or without
fixed route and whatever may be its classification, freight or carrier
service of any class, express service, steamboat, or steamship line,
pontines, ferries, and small water craft, engaged in the transportation
of passengers and freight, shipyard, marine railway, marine repair
shop, warehouse, wharf or dock, ice plant, ice-refrigeration plant,
canal, irrigation system, sewerage, gas, electric light, heat and power,
water supply and power, petroleum, sewerage system, telephone, wire
or wireless telegraph system and broadcasting radio stations. [Sec. 13
(b) of the Public Service Law (CA 146)].
Public Service Act. CA 146 enacted on Nov. 7, 1936.
Public service cooperative. A cooperative organized to render public
service as authorized under a franchise or certificate of public
convenience and necessity duly issued by the appropriate government
agency. [Art. 96, RA 6938].
Public sewerage system. A system serving twenty-five persons or
more. [Sec. 71, PD 856].
Public use. 1. One which confers some benefit or advantage to the
public; it is not confined to actual use by public. It is measured in terms
of right of public to use proposed facilities for which condemnation is
sought and, as long as public has right of use, whether exercised by
one or many members of public, a public advantage or public benefit
accrues sufficient to constitute a public use. [Maosca v. CA, GR

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923
106440. Jan. 29, 1996, citing Montana Power Co. v. Bokma, Mont. 457
P.2d 769, 772, 773]. 2. Public advantage, convenience or benefit,
which tends to contribute to the general welfare and the prosperity of
the whole community, like a resort complex for tourists or housing
project. [Ardano v. Reyes, 125 SCRA 220 (1983); Sumulong v.
Guerrero, 154 SCRA 461 (1987)].
Public utilities. Privately owned and operated businesses whose
services are essential to the general public. They are enterprises which
specially cater to the needs of the public and conduce to their comfort
and convenience. [KMU Labor Center v. Garcia, Jr., GR 115381, Dec.
23, 1994, 239 SCRA 386, 391].
Public utility. Business or service which is engaged in regularly
supplying the public with some commodity or service of public
consequence. [DOJ Opinion 074, June 16, 1998, citing Glenbrook Devt.
Co. v. Brea 253 Cal App 267, 61 Cal Rptr 189].
Public vessel. A vessel owned or bareboat chartered and operated by
the Republic of the Philippines, and political subdivision thereof, or by a
foreign nation, except when such a vessel is engaged in commerce.
[Sec. 3, PD 600].
Public way. Any street, alley or other strip of land unobstructed from
the ground to the sky, deeded, dedicated or otherwise permanently
appropriated for public use. [Sec. 3, PD 1185].
Publish. To make known to the public in general. [Claridades, A.,
Publisher. The person, natural or juridical, which undertakes the
production of a book and its offer for sale or free distribution. The
publisher of a book may also be its printer. [Sec. 3, PD 812].
Pudendum. Legal Med. Also called the Vulva. A collective term for the
labia majora, labia minora, clitoris, and vaginal orifice. [Olarte, Legal
Med., 1st Ed. (2004), p. 124].
Puffing or by-bidding. A secret bidding by or on behalf of the seller by
persons who are not themselves bound by their bids, the purpose of
which is simply to inflate the price of the goods sold which is a fraud

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upon the purchaser of the goods. [Diaz, Bus. Law Rev., 1991 Ed., p.
110].
Pulling of strings. A firecracker consisting of a small tube about an inch
in length and less than 1/4 of an inch in diameter with strings on each
end. Pulling both strings will cause the firecracker to explode. [Sec. 2,
RA 7183].
Pulping. The manufacture of pulp from woods, rags, rice straw,
bagasse, abaca waste and bamboo. [Sec. 2, RA 4095].
Pulutan. Tag. 1. Appetizer. [People v. Balmaceda, GR L-71638. Feb. 27,
1987]. 2. Finger food. [Morenos Law Dict., 2000 Ed., p. 377].
Punctuaciones. Intl. Law. Negotiations as to the items of a proposed
treaty. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494].
Punitive damages. 1. Damages awarded in addition to normal
damages for bad faith or excessively improper acts of the defendant in
contract or tort or even during a court action. They are usually granted
by statute and at times excluded by statute. [Tetley, Glossary of
Conflict of Laws, 2004]. 2. Money award given to punish the defendant
or wrongdoer. [Glossary of Legal Terms (Pro-Se), 2004].
Purchase. 1. The act of procuring or acquiring supplies or property for a
price. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Taking by
sale, conditional sale, lease, mortgage, or pledge, legal or equitable.
[Sec. 3, PD 115].
Purchase agreement or purchase offer. Also, sales agreement and
earnest money contract. Agreement between buyer and seller of
property which sets forth in general the price and terms of a proposed
sale. [Jurists Legal Dict., 2004].
Purchase discount. The difference between the value of the receivable
purchased or credit assigned, and the net amount paid by the finance
company for such purchases or assignment, exclusive of fees, services,
charges, interest and other charges incident to the extension of credit.
[Sec. 3, RA 8556; Sec. 3, RA 5980].
Purchase order. A contract between the local government and the
suppliers or dealers for the delivery of supplies at a stipulated amount

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and includes, among others, quantity, period and mode of delivery, unit
and total price per item, and mode of payment. [IRR on Supply & Prop.
Purchaser. Any person taking by purchase. [Sec. 3, PD 115].
Purchase request. It is used in the requisition of supplies or property
not to be carried in stock. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].
Purchaser in good faith and for value. One who buys the property of
another without notice that some other person has a right to or interest
in such property and pays a full and fair price for the same at the time
of such purchase or before he has notice of the claim or interest of
some other person in the property. [Guzman, Bocaling & Co. v.
Bonnevie, 206 SCRA 668 (1992), pp. 675-677].
Pure and simple donation. An act of liberality which has no other
basis than the desire to do a good thing for the welfare of some
persons. [Morenos Law Dict., 2000 Ed., p. 378].
Purely accidental occurrence. A class of occurrences or events which
take place the real cause of which cannot be traced or is at least not
apparent. [Morenos Law Dict., 2000 Ed., p. 378].
Purely potestative condition. A condition the fulfillment of which
depends exclusively upon the will of the heir, devisee or legatee.
[Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., pp.
222-223].
Pure obligation. 1. An obligation which is not subject to any condition
nor does it specify a specific date for its fulfillment and is, therefore,
immediately demandable. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. An
obligation the performance of which does not depend upon a future or
uncertain event or upon a past event unknown to the parties and as
such, is demandable at once. [GR L-16449. Aug. 31, 1962 citing Art.
1179 CC]. Compare with Conditional obligation.
Purge. An act or instance of purging; a ridding (as of a nation or party)
of element or members regarded as treacherous, disloyal or suspect.
[Clemente v. COA, GR L-47793. Mar. 20, 1984, citing Webster, 3rd New
Intl. Dict. of the Engl. Lang.].

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Purport. To give appearance, often falsely, of being, intending, etc.
Purse seine. A form of encircling net having a line at the bottom
passing through rings attached to the net, which can be drawn or
pursed. In general, the net is set from a boat or pair of boats around
the school of fish. The bottom of the net is pulled closed with the purse
line. The net is then pulled aboard the fishing boat or boats until the
fish are concentrated in the bunt or fish bag. [Sec. 4, RA 8550].
Pusher. Any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or who acts as a
broker in any of such transactions, in violation of RA 9165. [Sec 3, RA
9165].
Putang ina mo. Tag. A common expression in the dialect that is often
employed not really to slander but rather to express anger or
displeasure. [Reyes v. People, L-21528, Mar. 28, 1969, 27 SCRA 686].
Putative. Alleged; supposed; reputed. [Glossary of Legal Terms
(Pro-Se), 2004].
Pyelonephritis. Inflammation of the kidney and its pelvis (cavity).
[Bambalan v. Workmen's Compensation Commission, GR L-47209. Aug.
21, 1987].
Pyramid sales schemes. See Chain distribution plans.
Pyromania. Legal Med. An irresistible impulse to set things afire.
Pyrophoric. Descriptive of any substance that ignites spontaneously
when exposed to air. [Sec. 3, PD 1185].

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-QQuack doctor. One who practices medicine without the benefit of

education. [Morenos Law Dict., 2000 Ed., p. 379].
Qualification standards. The minimum requirements of the vacant
positions which shall include the education, experience, training, civil
service eligibility and physical characteristics and personality traits
required by the job. Such qualification standards shall be approved by
the Civil Service Commission. [CSC Circ. 43-91]
Qualified acceptance. 1. Sales. An acceptance which does not meet at
all points the offer, in which case it constitutes a counter-offer. [Diaz,
Bus. Law Rev., 1991 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. 141, NIL]. Compare with General acceptance.
Qualified individual with a disability. An individual with a disability
who, with or without reasonable accommodations, can perform the
essential functions of the employment position that such individual
holds or desires. However, consideration shall be given to the
employer's judgment as to what functions of a job are essential, and if
an employer has prepared a written description before advertising or
interviewing applicants for the job, this description shall be considered
evidence of the essential functions of the job. [Sec. 4, RA 7277].

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Qualified indorsement. Nego. Inst. 1. An indorsement that constitutes
the indorser as a mere assignor of the title to the instrument. It may be
made by adding to the indorser's signature the words without recourse
or any words of similar import. Such an indorsement does not impair
the negotiable character of the instrument. [Sec. 38, NIL].
Qualified indorser. Every person negotiating an instrument by delivery
or by a qualified indorsement who warrants: (a) that the instrument is
genuine and in all respects what it purports to be; (b) that he has a
good title to it; (c) that all prior parties had capacity to contract; (d)
that he has no knowledge of any fact which would impair the validity of
the instrument or render it valueless. [Sec. 65, NIL]. 2. An indorsement
in which the endorser does not guarantee that a negotiable instrument
will be accepted and paid by the drawer or maker. [Intl. Law Dict. &
Direct., 2004].
Qualifiedly privileged communication.
privileged communication.
See
Conditionally
Qualified next-in-rank. An employee appointed on a permanent basis

to a position previously determined to be next-in-rank and who meets
the requirements for appointment thereto as previously determined by
the appointing authority and approved by the Commission. [Sec. 21,
Admin. Code of 1987].
Qualified occupant. Tenant. The Urban Land Reform Law (PD 1517)
defines the term in the same context as the term tenant. [Vergara v.
IAC, GR 74998. May 7, 1990].
Qualified person. Any citizen of the Philippines with capacity to
contract, or a corporation, partnership, association, or cooperative
organized or authorized for the purpose of engaging in mining, with
technical and financial capability to undertake mineral resources
development and duly registered in accordance with law at least sixty
per centum (60%) of the capital of which is owned by citizens of the
Philippines: Provided, That a legally organized foreign-owned
corporation shall be deemed a qualified person for purposes of granting
an exploration permit, financial or technical assistance agreement or
mineral processing permit. [Sec. 3, RA 7942].
Qualified piracy. Crim. Law. The felony committed by those who
commit any of the crimes of piracy in general and mutiny on the high

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seas, whenever they have seized a vessel by boarding or firing upon
the same; or whenever the pirates have abandoned their victims
without means of saving themselves; or whenever the crime is
accompanied by murder, homicide, physical injuries or rape. [Art. 123,
RPC].
Qualified political agency doctrine. Under this doctrine, the different
executive departments are mere adjuncts of the President. Their acts
are presumptively the acts of the President until countermanded or
reprobated by her. [Villena v. Secretary, 67 Phil. 451; Free Telephone
Workers Union v. Minister of Labor and Employment, 108 SCRA 757
(1981)].
Qualified seduction. The seduction of a virgin over twelve years and
under eighteen years of age, committed by any person in public
authority, priest, home-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the education or
custody of the woman seduced, or by any person who shall seduce his
sister or descendant, whether or not she be a virgin or over eighteen
years of age. [Art. 337, RPC]. Compare with Simple seduction.
Qualified seduction. Elements: (a) that the offended party is a virgin,
which is presumed if she is unmarried and of good reputation; (b) that
she must be over twelve (12) and under eighteen (18) years of age; (c)
that the offender has sexual intercourse with her; and (d) that there is
abuse of authority, confidence or relationship on the part of the
offender. [Gonzales v. CA, GR 108811. May 31, 1994]. Compare with
Consented abduction.
Qualified theft. Crim. Law. The felony committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen is
motor vehicle, mail matter or large cattle or consists of coconuts taken
from the premises of the plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular accident or
civil disturbance. [Art. 310, RPC, as amended by RA 120 and BP 71].
Qualified theft of logs. Elements: (a) That the accused cut, gathered,
collected or removed timber or other forest products; (b) that the
timber of other forest products cut, gathered, collected or removed
belongs to the government or to any private individual; and (c) that the
cutting, gathering, collecting or removing was without authority under a

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license agreement, lease, license, or permit granted by the state.
[People v. CFI of Quezon (Br. VII) GR L-46772. Feb. 13, 1992].
Qualified trespass to dwelling. Crim. Law. The felony committed by
any private person who shall enter the dwelling of another against the
latter's will, or by means of violence or intimidation. This shall not be
applicable to any person who shall enter another's dwelling for the
purpose of preventing some serious harm to himself, the occupants of
the dwelling or a third person, nor shall it be applicable to any person
who shall enter a dwelling for the purpose of rendering some service to
humanity or justice, nor to anyone who shall enter cafes, taverns, inn
and other public houses, while the same are open. [Arty. 280, RPC].
Qualified voters. The term is equivalent to "registered voters. [Leyva
v. Comelec, GR L-25469. Oct. 29, 1966].
Qualifying aggravating circumstances. Those which change the
nature of the felony as treachery in murder. [Gregorio, Fund. of Crim.
Law Rev., 1997 9th Ed., p. 112].
Quality assurance. A formal set of activities to review and ensure the
quality of services provided. Quality assurance includes quality
assessment and corrective actions to remedy any deficiencies identified
in the quality of direct patient, administrative, and support services.
[Sec. 1, RA 9241].
Quality education. The appropriateness, relevance and excellence of
the education given to meet the needs and aspirations of an individual
and society. [Sec. 4, RA 9155].
Quantum. Lat. Amount or extent. [Duhaime's Legal Dict., 2004].
Quantum meruit. Lat. As much as he has deserved. 1. Used as the
basis for determining the lawyer's professional fees in the absence of a
contract. Factors such as the time spent and extent of services
rendered; novelty and difficulty of the questions involved; importance
of the subject matter; skill demanded; probability of losing other
employment as a result of acceptance of the proffered cause;
customary charges for similar services; amount involved in the
controversy and the benefits resulting to the client; certainty of
compensation; character of employment; and professional standing of
the lawyer, are considered in determining his fees. [Sesbreo v. CA, GR

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117438. June 8, 1995, citing CPR, Canon 20, Rule 20.1, June 21, 1988].
2. A legal principle under which a person should not be obliged to pay,
nor should another be allowed to receive, more than the value of the
goods or services exchanged. [Duhaime's Legal Dict., 2004].
Quantum valebant. Lat. As much as what is reasonably worth.
[Maacop Const. Co. v. CA, GR 122196. Jan. 15, 1997].
Quarrying. The process of extracting, removing and disposing quarry
resources found on or underneath the surface of private or public land.
[Sec. 3, RA 7942].
Quarry permit. A document granted to a qualified person for the
extraction and utilization of quarry resources on public or private lands.
[Sec. 3, RA 7942].
Quarry resources. 1. Any common rock or other mineral substances as
the Director of Mines and Geosciences Bureau may declare to be quarry
resources such as, but not limited to, andesite, basalt, conglomerate,
coral sand, diatomaceous earth, diorite, decorative stones, gabbro,
granite, limestone, marble, marl, red burning clays for potteries and
bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff,
volcanic cinders, and volcanic glass. [Sec. 3, RA 7942]. 2. Any common
stone or other common mineral substances as the government may
declare to be quarry resources such as, but not restricted to, marl,
marble, granite, volcanic cinders, basalt, tuff and rock phosphate,
Provided they contain no metal or metals or other valuable minerals in
economically workable quantities. [Sec. 2, PD 463].
Quash. To vacate or void a summons, subpoena, etc. [Glossary of Legal
Quashing of a writ of execution. Rem. Law. Grounds: A writ may be
quashed or recalled only when (a) it appears that it has been
improvidently issued; (b) that the writ is defective in substance; or (c)
is issued against the wrong party; or (d) that the judgment debt has
been paid; or (e) that the writ has been issued without authority; or (f)
there is a change in the situation of the parties which makes such
execution inequitable; or (g) the controversy was never submitted to
the judgment of the court. [Ibatan v. Melicor, GR L-39125. Aug. 20,
1990].

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Quasi. Lat. As if; almost as it were; analogous to. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 650].
Quasi-banking activities. Borrowing funds from twenty (20) or more
personal or corporate lenders at any one time, through the issuance,
endorsement, or acceptance of debt instruments of any kind other than
deposits for the borrower's own account, or through the issuance of
certificates of assignment or similar instruments, with recourse, or of
repurchase agreements for purposes of re-lending or purchasing
receivables and other similar obligations. [Sec. 22, NIRC, as amended].
Quasi-banking functions. Borrowing funds, for the borrower's own
account, through the issuance, endorsement or acceptance of debt
instruments of any kind other than deposits, or through the issuance of
participations, certificates of assignment, or similar instruments with
recourse, trust certificates, or of repurchase agreements, from twenty
or more lenders at any one time, for purposes of relending or
purchasing of receivables and other obligations: Provided, however,
That commercial, industrial, and other non-financial companies, which
borrow funds through any of these means for the limited purpose of
financing their own needs or the needs of their agents or dealers, shall
not be considered as performing quasi-banking functions. [Sec. 1, PD
71].
Quasi-contract. 1. A juridical relation arising from certain lawful,
voluntary and unilateral acts to the end that no one shall be unjustly
enriched or benefited at the expense of another. [Art. 2142, CC]. 2. An
obligation created by the law in the absence of an agreement or
contract; not based upon the intentions or expressions of the parties.
Quasi-corporations. Public bodies which resemble corporations to
undertake public or state work for the general welfare, but they are not
corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 248].
Quasi-delict. Also Culpa aquiliana, Culpa extra-contractual or
Cuasi-delitos. 1. An act or omission by which a person causes
damage to another, there being fault or negligence, and there being no
pre-existing contractual relation between the parties, and which makes
said person liable to pay for the damage done. [Art. 2176, CC]. 2.
Homologous but not identical to tort under the common law, which
includes not only negligence, but also intentional criminal acts, such as

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assault and battery, false imprisonment, and deceit. [Coca-Cola Bottlers
v. CA, GR 110295. Oct. 18, 1993].
Quasi-delict. Also Tort. Elements: (a) Damages suffered by the
plaintiff, (b) fault or negligence of the defendant or some other person
for whose act he must respond, and (c) the connection of cause and
effect between fault or negligence of the defendant and the damages
incurred by plaintiff. [Andamo v. IAC, 191 SCRA 195 (1990)].
Quasi-delivery. Also Quasi-traditio. This applies only to the sale of
incorporeal things like allowing the vendee to use the vendors rights
as new owner with the consent of the vendor. [Diaz, Bus. Law Rev.,
1991 Ed., p. 120, citing Art. 1501, CC].
Quasi in rem action. An action between parties where the direct object
is to reach and dispose of property owned by them or of some interest
therein. [Quasha v. Juan, GR L-49140. Nov. 19, 1982].
Quasi in rem jurisdiction. Intl. Law. The power of a court to
determine the ownership rights of persons who appear before it as to
property located outside the forum state. [Intl. Law Dict. & Direct.,
2004].
Quasi-judicial. A term applied to the action, discretion, etc., of public
administrative officers or bodies required to investigate facts, or
ascertain the existence of facts, hold hearings, and draw conclusions
from them, as a basis for their official action, and to exercise discretion
of a judicial nature. [Lupangco v. CA, GR L-77372. Apr. 29, 1988].
Quasi-judicial action. An action when an administrative officer or
board is required to investigate or ascertain the existence of facts and
draw conclusions therefrom as the basis for official action and to
exercise its discretion or judgment of a judicial nature. [Morenos Law
Dict., 2000 Ed., p. 381].
Quasi-judicial adjudication. A determination of rights, privileges and
duties resulting in a decision or order which applies to a specific
situation. [Lupangco v. CA, GR L-77372. Apr. 29, 1988].
Quasi-judicial body. An organ of government other than a court and
other than a legislature, which affects the rights of private parties
through either adjudication or rule making. [Presl. Anti-Dollar Salting

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934
Task Force v. CA, GR 83578. Mar. 16, 1989, citing Gonzales, Admin.
Law, A Text 13 (1979)].
Quasi-judicial function. A function which involves the use of mental
processes in the determination of law or fact, and at times involves
discretion as to how the power should be used. This is particularly true
of administrative agencies. [Morenos Law Dict., 2000 Ed., p. 381].
Quasi-judicial power. Also Administrative adjudicatory power.
The power of the administrative agency to adjudicate the rights of
persons before it. It is the power to hear and determine questions of
fact to which the legislative policy is to apply and to decide in
accordance with the standards laid down by the law itself in enforcing
and administering the same law. [Comm. of Int. Rev. v. CA, GR
119761. Aug. 29, 1996].
Quasi-legislative power. Also Rule making power. The power to
make rules and regulations which results in delegated legislation that is
within the confines of the granting statute and the doctrine of
nondelegability and separability of powers. [Comm. of Int. Rev. v. CA,
GR 119761. Aug. 29, 1996].
Quasi-negotiable instrument. A negotiable instrument that may be
transferred by endorsement, coupled with delivery. [Tan v. SEC, GR
95696. Mar. 3, 1992].
Quasi-parties. Those in whose behalf a class or representative suit is
brought. [Claridades, A., Compilation of Notes, 2001-2006].
Quasi-public corporations. Public bodies which are not corporations in
the full sense but only resemble them in that they have some attributes
of a corporation and are created or authorized by the legislature as
public agencies to undertake some public or state work for the general
welfare. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 43].
Quasi-recidivism. Crim. Law. 1. A special aggravating circumstance
where a person, after having been convicted by final judgment, shall
commit a new felony before beginning to serve such sentence, or while
serving the same. It is not required that the felony previously
committed be embraced in the same title of the Rev. Penal Code. [US
v. Mohamad, 33 Phil. 524 (1916)]. 2. It is punishable by the maximum
period of the penalty prescribed by law for the new felony and cannot

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be offset by any ordinary mitigating circumstance. [People v. Perez,
102 SCRA 352 (1981; People v. Villacores, 97 SCRA 567 (1980); and
People v. Majuri, 96 SCRA 472 (1980)].
Quasi-traditio. See Quasi-delivery.
Quebrantamiento. Sp. Evasion. It means escape. [Tanega
Masakayan, GR L-27191. Feb. 28, 1967, citing Art. 93, RPC].
v.
Quedan. Sugar warehouse receipt. [Sec. 3, RA 5524; Starke v.

Philsucom, GR 85997. Aug. 19, 1992].
Quedan and Rural Credit Guarantee Corporation Act. RA 7393
entitled An Act reorganizing the Quedan Guarantee Fund Board,
renaming it as Quedan And Rural Credit Guarantee Corporation,
enlarging its powers and resources to support farmers and rural
enterprises, and for other purposes enacted on Apr. 13, 1992.
Question of fact. There is a question of fact when the doubt arises as
to the truth or the falsehood of alleged facts. [Manila Bay Club v. CA,
GR 110015. July 11, 1995].
Question of law. There is a question of fact when the doubt or
difference arises as to the truth or the falsehood of alleged facts; or
when the query necessarily invites calibration of the whole evidence
considering mainly the credibility of witnesses, existence and relevancy
of specific surrounding circumstances, their relation to each other and
to the whole and the probabilities of the situation. [Bernardo v. CA, GR
101680. Dec. 7, 1992].
Questions of order. See Points of order.
Questions of privilege. Those affecting the duties, conduct, rights,
privileges, dignity, integrity or reputation of the (legislature) or of its
members, collectively or individually. [Rule XX. 121, Rules of the HoR].
Qui aliquid statuerit parte inaudita altera, aequum licet dexerit,
haud aequum facerit. Lat. He who decides anything, one party being
unheard, though he should decide right, does wrong. [People v. Mogol,
GR L-37837. Aug. 24, 1984].

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Quid pro quo. Lat. Something for something. The giving of something in
exchange for another thing of equal value. [Duhaime's Legal Dict.,
2004].
Quieting of title. 1. An action brought to remove or prevent a cloud or
to quiet the title, whenever there is a cloud on title to real property or
any interest therein, by reason of any instrument, record, claim,
encumbrance or proceeding which is apparently valid or effective but is
in truth and in fact invalid, ineffective, voidable, or unenforceable, and
may be prejudicial to said title. [Art. 476, CC]. 2. A common law
remedy for the removal of any cloud upon or doubt or uncertainty with
respect to title to real property. [Viuda de Aviles v. CA, GR 95748. Nov.
21, 1996, citing Vitug, Compendium of Civil Law and Jurisp., 1993 Rev.
Ed., p. 295].
Qui facit per allum facit per se. Lat. He who acts through another,
acts by himself. [BPI v. De Coster, 49 Phil. 574, Nov. 12, 1926].
Qui haeret in litera haeret in cortice. Lat. He who considers merely
the letter of an instrument goes but skin deep into its meaning. [People
v. Puno, GR 97471. Feb. 17, 1993, citing Black's Law Dict., 4th Ed.,
1413].
Qui in jus dominumve alterius succedit, jure ejus uti debet. Lat.
He who succeeds to the right or property of another must use the same
right as he. [Quijano v. Cabale, 49 Phil. 367, citing Escriche's Dict., title
Heredere].
Qui jure suo utitur mullum damnum facit. Lat. One who makes use
of his own legal right does no injury. [Auyong Hian v. CTA, GR L-28782.
Sep. 12, 1974].
Qui non negat fatetur. Lat. The failure to deny becomes an admission.
[Piedad v. Lanao Del Norte Electric Coop., GR 73735. Aug. 31, 1987].
Qui per alium facit per seipsum facere videtur. Lat. He who does a
thing by an agent is considered as doing it himself. This rule is affirmed
by the Civil Code thus: Art. 1910. The principal must comply with all
the obligations which the agent may have contracted within the scope
of his authority. and Art. 1911. Even when the agent has exceeded
his authority, the principal is solidarily liable with the agent if the

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former allowed the latter to act as though he had full powers.
[Prudential Bank v. CA, GR 108957. June 14, 1993].
Qui prior est tempore, potior est jure. Lat. He who is before in time
is the better in right. Priority in time gives preference in law. [Victronics
Computers, Inc. v. RTC, Branch 63, Makati, GR 104019. Jan. 25, 1993,
Quitclaim. Acquitting or giving up ones claim or title. A release or
acquittance given to one person by another, in respect of any action
that the latter has or might have against the former. [Claridades, A.,
Quitclaim deed. A deed without warranty of title which passes
whatever title the grantor has to another. [Glossary of Legal Terms
(Pro-Se), 2004].
Quod est inconveniens, aut contra rationem non permissum est
in lege. Lat. What is inconvenient or contrary to reason is not allowed
in law. [Rep. v. CA, GR 108926. July 12, 1996].
Quod nullum est, nullum producit effectum. Lat. One cannot
produce anything out of nothing. [Morenos Law Dict., 2000 Ed., p.
384].
Quod quisque ob tutelam corporis sui fecerit, jure suo fecisse
existimetur. Lat. That which anyone should do for the safety of his
own person is to be adjudged as having been done justly in his own
favor. [People v. Boholst-Caballero, GR L-23249. Nov. 25, 1974, citing 1
Viada, 172, 5th Ed.].
Quorum. 1. Corp. Law. T indigenous petroleum' shall include locally
extracted mineral oil, hydrocarbon gas, bitumen, crude asphalt, mineral
gas and all other similar or naturally associated substances with the
exception of coal, peat, bituminous shale and/or stratified mineral
deposits.he stockholders representing a majority of the outstanding
capital stock or a majority of the members in the case of non-stock
corporations, unless otherwise provided for in the Corporation Code or
in the by-laws. [Sec. 52, Corp. Code]. 2. Pol. Law. That number of
persons of the body which, when legally assembled in their proper
places, will enable the body to transact its proper business, or, in other
words, that number that makes a lawful body and gives it power to

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pass a law or ordinance or do any other valid corporate act. [Javellana
v. Tayo, GR L-18919. Dec. 29, 1962, citing 4 Mc-Quillin, Municipal
Corporations (3rd Ed. 847)].
Quota. (a) A share, proportion, or part of a total. (b) The number of
persons or things permitted to enter a country. [Intl. Law Dict. &
Direct., 2004].
Quota allocation. The total value of imports of any particular item
allowed to an importer, or that portion of the import quota granted to
the importer. [Sec. 1, RA 426].
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra
verba fienda est. Lat. In the absence of ambiguity, no exposition
shall be made which is opposed to the express words of the instrument.
Quo warranto. 1. The remedy to try the right to an office or franchise
and to oust the holder from its enjoyment. [Lota v. CA, GR L-14803.
June 30, 1961, citing 38 CJ 546; 2 Moran, Comments on the Rules of
Court, 1957 ed., 200]. 2. A proceeding to determine the right to the
use or exercise of a franchise or office and to oust the holder from its
enjoyment, if his claim is not well-founded, or if he has forfeited his
right to enjoy the privilege. [Castro v. Del Rosario, GR L-17915. Jan.
31, 1967].
Quo warranto petition. 1. The proper remedy where there is
usurpation or intrusion into an office. [Lota v. CA, GR L-14803, June 30,
1961, 2 SCRA 715]. 2. A remedy generally brought by the Government
through the Solicitor General of a public prosecutor against a person,
public officer or corporation, charging the latter with usurpation of
office or franchise. This action intends to oust the defendant from his
office or from enjoying holder's privileges if the right to hold such office
is not well founded or if the holder has forfeited the said right. An
individual person claiming to be entitled to a public office or position
may also file the special civil action of quo warranto in his name.
Quo warranto; who may be made parties. Any person claiming to
be entitled to a public office may bring an action of quo warranto
without the intervention of the Solicitor General or the Fiscal [Navarro
v. Gimenez, 10 Phil., 226] and only the person who is in unlawful
possession of the office, and all who claim to be entitled to that office,

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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 virginity or chastity, once defiled, cannot be restored. [People
v. Luague, GR 43588. Nov. 7, 1935].

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-RRadioactive substance. Any substance which emits ionizing radiation.

[Art. 4, RA 7394].
Radiologic technologist. A bona fide holder of a certificate of
registration for radiologic technology issued by the Board of Radiologic
Technology. [Sec. 3, RA 7431].
Radiologic technology. An auxiliary branch of radiology which deals
with the technical application of radiation, such as x-rays, beta rays,
gamma rays, ultrasound and radio frequency rays, in the diagnosis and
treatment of diseases. [Sec. 3, RA 7431].
Radiologic Technology Act of 1992. RA 7431 enacted on Apr. 22,
1992.
Radiologist. A licensed physician who specializes in the diagnosis or
treatment of disease with the use of radiation. [Sec. 3, RA 7431].
Radiology. A branch of medical science which deals with the use of
radiation in the diagnosis, treatment and research of diseases. [Sec. 3,
RA 7431].
Radiotelephone call. A telephone call, originating in or intended on all
or part of its route over the radio communications channels of the
mobile service or of the mobile satellite service. [PLDT v. NTC, GR
88404. Oct. 18, 1990].
Radiotelephony. A telephony carried on by aid of radiowaves without
connecting wires. [Claridades, A., Compilation of Notes, 2001-2006].

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Rank. 1. A high social position or standing as a grade in the armed
forces. [Webster's 3rd New Intl. Dict. of the British Lang. Unabr.,
(1881)]. 2. A graded official standing or social position or station. [75
CJS 458]. 3. The order or place in which said officers are placed in the
army and navy in relation to others. [Encyclopedic Law Dict., 3rd Ed. p.
90]. 4. The designation or title of distinction conferred upon an officer
in order to fix his relative position in reference to the other officers in
matters of privileges, precedence, and sometimes of command or by
which to determine his pay and emoluments as in the case of army
staff officers. [Bouvier's Law Dict., 3rd Ed., p. 2804]. 5. A grade or
official standing, relative position in civil or social life, or in any scale of
comparison, status, grade, including its grade, status or scale of
comparison within a position. [Vol. 36, Words & Phrases, Permanent
Ed., p. 100]. [All definitions cited in People v. Rodil, GR L-35156. Nov.
20, 1981].
Rank-and-file employees. 1. All employees not falling within the
definitions of Managerial employee and Supervisory employees. [Sec. 1,
Rule 1, Book 5, IRR of LC]. 2.
Ransom. 1. The money, price or consideration paid or demanded for
redemption of a captured person or persons, a payment that releases
from captivity. [People v. Guevarra, GR 97471. Feb. 17, 1993]. 2.
Money paid to have a kidnapped person released. [Duhaime's Legal
Dict., 2004].
Rape. (Derived from the Latin word, rapere, literally meaning, to seize
with violence) Crim. Law. 1. The felony committed by having carnal
knowledge of a woman under any of the following circumstances: (a)
By using force or intimidation; (b) when the woman is deprived of
reason or otherwise unconscious; and (c) when the woman is under
twelve years of age, even though neither of the circumstances
mentioned in the two next preceding numbers shall be present. [Art.
335, RPC]. 2. Generally defined as the carnal knowledge of a woman by
a man forcibly and unlawfully against her will. [People v. Padre-e, GR
112969-70. Oct. 24, 1995]. 3. Carnal knowledge of a woman by a man
which must be unlawful, that is, without her consent and against her
utmost resistance. The presence or absence of traces of spermatozoa is
immaterial, since it is penetration, however slight, and not ejaculation,
that makes it rape. [People v. Gerones, 193 SCRA 263 (1991)].

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Rape. Elements: (a) That the offender has had carnal knowledge of a
woman; and (b) that such act is accomplished (1) by using force or
intimidation, or (2) when the woman is deprived of reason or otherwise
unconscious, or (3) when the woman is under twelve (12) years of age.
[Gonzales v. CA, GR 108811. May 31, 1994].
Rape Victim Assistance and Protection Act of 1998. RA 8505
entitled An Act providing assistance and protection for rape victims,
establishing for the purpose a rape crisis center in every province and
city, authorizing the appropriation of funds therefor, and for other
Rate. Admin. Law. Any charge to the public for a service open to all and
upon the same terms, including individual or joint rates, tolls,
classifications, or schedules thereof, as well as commutation, mileage,
kilometerage and other special rates which shall be imposed by law or
regulation to be observed and followed by any person. [Sec. 2, Chap.
1, Book VII, EO 292].
Rate. Ins. Generally, the ratio of the premium to the amount insured and
shall include, as the context may require, either the consideration to be
paid or charged for insurance contracts, including surety bonds, or the
elements and factors forming the basis for the determination or
application of the same, or both. [Sec. 339, IC].
Rate base. The money honestly and prudently invested in the used and
useful property and equipment less accrued depreciation plus
one-twelfth of the annual cash operating expenses as working capital.
[Sec. 5, RA 3187].
Rate of exchange. See Exchange rate.
Ratification. 1. Civ. Law. The approval by a person of a prior act which
did not bind him but which was purportedly entered into for his own
account. [Diaz, Bus. Law Rev., 1991 Ed., p. 89]. 2. An act to adopt or
approve an act done by another. [Torres, Oblig. & Cont., 2000 Ed., p.
354]. 2. Const. Law. The sovereign act vested in the Filipino people to
either reject or approve the proposals to amend or revise the
Constitution. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 15].
Ratification. Civ. Law. Effects: (a) Ratification extinguishes the action to
annul a voidable contract [Art. 1392, CC]; (b) it cleanses the contract

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from all its defects from the moment it was constituted [Art. 1396, CC];
and (c) it makes the contract perfectly valid from the moment of its
celebration and not from the time of ratification. [Diaz, Bus. Law Rev.,
1991 Ed., p. 89].
Ratio decidendi. Lat. Reason for deciding. 1. A finding of law in a
decision, where the finding was based on the issues properly before the
court. It is legal reasoning essential to the decision that the court must
take to decide the case. [Tetley, Glossary of Conflict of Laws, 2004]. 2.
The ground or reason of the decision in a case. [Jurists Legal Dict.,
2004].
Ratio in jure aequitas integra. Reason in law is perfect equity.
Ratio legis est anima. Lat. The reason of law is its soul. [Comendador
v. De Villa, GR 93177. Aug. 2, 1991].
Ratio legis est anima legis. Lat. The reason of the law is the soul of
the law. [Morenos Law Dict., 2000 Ed., p. 387].
Ratooning. The cutting of the straw close to the ground at harvesting
time after all the standing water has been drained out to allow the
young tillers to sprout out the rootstocks and develop into mature
normal bearing plants in three or four months with the aid of fertilizer,
manure or compost. [Sec. 2, RA 2263].
Raw materials. Materials in their natural state or in crude form as well
as products made from crude material or materials which may have
undergone manufacturing or process as may be allowed by any
implementing rules and regulations. [Sec. 12, PD 1419].
RDA. See Recommended Dietary Allowances.
Real action. An action brought for the specific recovery of land,
tenements, or hereditaments. [Hernandez v. DBP, GR L-31095. June
18, 1976]. Compare with Personal action.
Real aggression. Crim. Law. An act positively strong as to show the
wrongful intent of the aggressor, not merely a threatening or
intimidating attitude. There must be a material attack in order that the

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right to defend must exist. [US v. Banzuela, 31 Phil. 565; US v. Santos,
17 Phil. 87].
Real and hypothecary nature of maritime law. The liability of the
carrier in connection with losses related to maritime contracts is
confined to the vessel, which is hypothecated for such obligations or
which stands as the guaranty for their settlement. It has its origin by
reason of the conditions and risks attending maritime trade in its
earliest years when such trade was replete with innumerable and
unknown hazards since vessels had to go through largely uncharted
waters to ply their trade. It was designed to offset such adverse
conditions and to encourage people and entities to venture into
maritime commerce despite the risks and the prohibitive cost of
shipbuilding. Thus, the liability of the vessel owner and agent arising
from the operation of such vessel were confined to the vessel itself, its
equipment, freight, and insurance, if any, which limitation served to
induce capitalists into effectively wagering their resources against the
consideration of the large profits attainable in the trade. It might be
noteworthy to add in passing that despite the modernization of the
shipping industry and the development of high-technology safety
devices designed to reduce the risks therein, the limitation has not only
persisted, but is even practically absolute in well-developed maritime
countries such as the United States and England where it covers almost
all maritime casualties. Philippine maritime law is of Anglo-American
extraction, and is governed by adherence to both international maritime
conventions and generally accepted practices relative to maritime trade
and travel. [Aboitiz Shipping v. Gen. Accident Fire and Life Assurance,
GR 100446. Jan. 21, 1993].
Real contracts. Contracts, such as deposit, pledge and Commodatum,
which are not perfected until the delivery of the object of the
obligation. [Art. 1316, CC]. Compare with Consensual contracts.
Real delivery. See Actual delivery.
Real estate. 1. As a general rule, the term connotes the land and the
building or structure adhering thereto. [Morenos Law Dict., 2000 Ed.,
p. 387]. 2. For purposes of taxation, all land within the district by which
the tax is levied, and all rights and interests in such land, and all
buildings and other structures affixed to the land, even though as
between the landlord and the tenant they are the property of the
tenant and may be removed by him at the termination of the lease.

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[Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am.
Jur. 438].
Real estate broker. Any person, other than a real estate salesman as
hereinafter defined, who for another, and for a compensation or in the
expectation or promise of receiving compensation, (a) sells or offers for
sale, buys or offers to buy, lists, or solicits for prospective purchasers or
negotiates the purchase, sale or exchange of real estate or interests
therein; (b) or negotiates loans or real estate; (c) or leases or offers to
lease or negotiates the sale, purchase or exchange of a lease, or rents
or places for rent or collects rent from real estate or improvements
thereon; (d) or shall be employed by or on behalf of the owner or
owners of lots or other parcels of real estate at a stated salary, on
commission, or otherwise, to sell such real estate or any parts thereof
in lots or parcels. [Sec. 1, PD 426].
Real estate dealer. Any person engaged in the business of buying,
selling, exchanging, leasing, or renting property on his own account as
principal and holding himself out as a full or part-time dealer in real
estate or as an owner of rental property or properties rented or offered
to rent for an aggregate amount of three thousand pesos or more a
year. [Sec. 6, RA 588].
Real estate mortgage. 1. A con-tract embodied in a public instrument
recorded in the Registry of Property, by which the owner of an
immovable (or an alienable real right imposed upon immovables)
directly and immediately subjects it, whoever the possessor may be, to
the fulfillment of the obligation for whose security it was constituted.
[Arts. 2124, 2125, 2126, CC. Note that Art. 2125 states that "If the
instrument is not recorded, the mortgage is nevertheless binding
between the parties."]. 2. A contract in which the debtor guarantees to
the creditor the fulfillment of a principal obligation, subjecting for the
faithful compliance therewith a real property in case of non-fulfillment
of said obligation at the time stipulated. [Paras. E. L., Civil Code of the
Phils., Anno., 10th Ed., Vol. V, p. 852, citing 12 Manresa, p. 460].
Compare with Chattel mortgage.
Real estate salesman. Any natural person regularly employed by a real
estate broker to perform in behalf of such broker. [Sec. 1, PD 426].
Real estate tax. A tax in rem against realty without personal liability
therefor on part of owner thereof, and a judgment recovered in

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proceedings for enforcement of real estate tax is one in rem against the
realty without personal liability against the owner. [Villanueva v. City of
Iloilo, GR L-26521. Dec. 28, 1968, citing 36 Words & Phrases, 286].
Real evidence. Any fact about a material or corporate object, e.g. a
book or a human foot, whether produced in court or not. [Tiglao v.
Comelec, GR L-31566 & L-31847. Aug. 31, 1970]. See Autoptic
preference.
Real interest. A present substantial interest, as distinguished from a
mere expectancy or a future, contingent, subordinate or consequential
interest. [Barfel Devt. Corp. v. CA, citing Moreno, Phil. Law Dict., 3rd
Ed.].
Real novation. Also Objective novation. The extinguishment of an
obligation by a subsequent one which terminates it, either by changing
its object or principal conditions. [Caned v. CA, GR 81322. Feb. 5,
1990]. Compare with Personal novation or Subjective Novation.
Real party in interest. The party who stands to be benefited or injured
by the judgment or the party entitled to the avails the suit. [Samahan
ng mga Nangungupahan sa Azcarraga Textile Market v. CA, GR 68357,
Sep. 26, 1988; Sec. 2, Rule 3, RoC].
Real party in interest-defendant. One who has a correlative legal
obligation whose act or omission violates the legal right of the plaintiff.
[Lee v. Romillo, GR L-60937. May 28, 1988].
Real party in interest-plaintiff. One who has a legal right. [Lee v.
Romillo, GR L-60937. May 28, 1988].
Real plurality. Also Concurso real. This arises when the accused
performs an act or different acts with distinct purposes and resulting in
different crimes which are juridically independent. Unlike ideal plurality,
this real plurality is not governed by Art. 48 of the Rev. Penal Code.
[Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev. Penal
Code, Aquino, Vol. I 1961 Ed., at 555-56].
Real property. 1. Also Real estate. Land and buildings and other
improvements which are more or less of permanent structure and
substantially adhering to the land with the intent of permanent
annexation. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Land,

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buildings, and whatever is attached or affixed to the land. Generally
synonymous with the words Real estate. [Glossary of Legal Terms
(Pro-Se), 2004]. 3. Immovable property such as land or a building or an
object that, though at one time a chattel, has become permanently
affixed to land or a building. [Duhaime's Legal Dict., 2004].
Real Property Tax Code. PD 464 signed into law on May 20, 1974.
Real right. The power belonging to a person over a specific thing,
without a passive subject individually determined against whom such
right may be personally exercised. [Tolentino, Civil Code of the Phil.,
Vol. II, Repr. 2001, p. 5, citing 3 Sanchez Roman 6, 8].
Real right of possession. Possession for more than one year, or
possession de jure (Art. 555, CC) which is lost after the lapse of ten
years. [Morenos Law Dict., 2000 Ed., p. 388].
Real tradition. The delivery or transfer of a thing from hand to hand, if
it is movable, and if it is immovable, by certain material or possessory
acts by the grantee done in the presence and with the consent of the
grantor, such as entering upon the property, gathering its fruits,
opening doors, etc., which are generally called taking possession.
[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 459]. See
Constructive tradition.
Realty Installment Buyer Protection Act. RA 6552 entitled An Act
to provide protection to buyers of real estate on installment payments
enacted on Aug. 26, 1972. Also known as Maceda Law.
Real union. Intl. Law. A union created when two or more states are
merged under a central authority through which they act in the
direction of their external affairs. The states forming this union do not
lose their status as such but their respective international personalities
are extinguished and blended in the new international person which,
however, is not considered a state. [Cruz, Intl. Law Reviewer, 1996 Ed.,
p. 13]. Compare with Personal union.
Reasonable bail. That bail which, in view of the nature of the offense,
the penalty which the law attaches to it and the probabilities that guilt
will be established on the trial, seems no more than sufficient to secure
the partys attendance. In determining this, some regard should be had

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to the prisoners pecuniary circumstances. [Morenos Law Dict., 2000
Ed., p. 389].
Reasonable care. The degree of diligence required in the performance
of a right. [Claridades, A., Compilation of Notes, 2001-2006].
Reasonable classification. Elements: (a) It must rest on substantial
distinctions; (b) it must be germane to the purpose of the law; (c) it
must not be limited to existing conditions only; and (d) it must apply
equally to all members of the same class. [Maritime Manning Agencies
v. POEA, GR 114714. Apr. 21, 1995].
Reasonable doubt. 1. That doubt engendered by an investigation of
the whole proof and an inability, after such investigation, to let the
mind rest easy upon the certainty of guilt. Absolute certainty of guilt is
not demanded by the law to convict of any criminal charge but moral
certainty is required, and this certainty is required as to every
proposition of proof requisite to constitute the offense. [US v. Lasada,
18 Phil. 90]. 2. That state of mind of a judge in which he cannot say he
feels an abiding conviction as to the truth of the charge. [Glossary of
Reasonable necessity of the means employed. Crim. Law. It does
not imply material commensurability between the means of attack and
defense. What the law requires is rational equivalence, in the
consideration of which will enter as principal factors the emergency, the
imminent danger to which the person attacked is exposed, and the
instinct, more than the reason, that moves or impels the defense, and
the proportionateness thereof does not depend upon the harm done,
but rests upon the imminent danger of such injury. [People v.
Encomienda, GR L-26750. Aug. 18, 1972].
Reasonable person. A phrase used to denote a hypothetical person
who exercises qualities of attention, knowledge; intelligence, and
judgment that society requires of its members for the protection of
their own interest and the interests of others. Thus, the test of
negligence is based on either a failure to do something that a
reasonable person, guided by considerations that ordinarily regulate
conduct, would do, or on the doing of something that a reasonable and
prudent (wise) person would not do. [Jurists Legal Dict., 2004].

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Reasonable private benefit plan. A pension, gratuity, stock bonus or
profit-sharing plan maintained by an employer for the benefit of some
or all of his officials or employees, wherein contributions are made by
such employer for the officials or employees, or both, for the purpose
of distributing to such officials and employees the earnings and
principal of the fund thus accumulated, and wherein it is provided in
said plan that at no time shall any part of the corpus or income of the
fund be used for, or be diverted to, any purpose other than for the
exclusive benefit of the said officials and employees. [Sec. 31, NIRC, as
amended].
Reasonable rate of return on investments and operating and
maintenance cost. The rate of return that reflects the prevailing cost
of capital in the domestic and international markets. [Sec. 2, RA 7718].
Reasonable time. So much time as is necessary under the
circumstances for a reasonable prudent and diligent man to do,
conveniently, what the contract or duty requires should be done,
having a regard for the rights and possibility of loss, if any, to the other
party. [Far East Realty v. CA, 166 SCRA 256 (1988)].
Reassessment. The assigning of new assessed values to property,
particularly real estate, as the result of a general, partial or individual
reappraisal of the property. [Sec. 3, PD 464].
Reassignment. Admin. Law. The movement of an employee from one
organizational unit to another in the same department or agency which
does not involve a reduction in rank, status, or salary and does not
require the issuance of an appointment. [Sec. 10, Rule VII of the
Omnibus Rules Implementing Book V of EO 292]. Compare with
Detail.
Rebate. The discount or reduction in a claim made in consideration of
prompt payment. [Padilla v. CA, GR 105851. Mar. 24, 1993, citing Phil.
Legal Encyc. (1986), QC, Phoenix Press, pp. 827-828].
Rebellion. Also Insurrection. Crim. Law. 1. The felony committed by
rising publicly and taking arms against the Government for the purpose
of removing from the allegiance to said Government or its laws, the
territory of the Philippines or any part thereof, of any body of land,
naval or other armed forces, depriving the Chief Executive (President)
or the Legislature (Congress), wholly or partially, of any of their powers

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or prerogatives. [Art. 134, RPC, as amended by RA 6968]. 2. The felony
committed by rising publicly and taking up arms against the
Government for any of the purposes specified in Art. 134 of the Rev.
Penal Code. 2. Rebellion is a crime against public order. Rising publicly
and taking arms against the Government is the very element of the
crime of rebellion. [Buscayno v. Military Commissions, GR 58284, 109
SCRA 289 (1981)].
Rebus sic stantibus. Lat. At this point of affairs; In these
circumstances; Things remaining as they are. 1. Under this theory, the
parties stipulate in the light of certain prevailing conditions, and once
these conditions cease to exist the contract also ceases to exist.
Considering practical needs and the demands of equity and good faith,
the disappearance of the basis of a contract gives rise to a right to
relief in favor of the party prejudiced. 2. A name given to a tacit
condition, said to attach to all treaties, that they shall cease to be
obligatory so soon as the state of facts and conditions upon which they
were founded has substantially changed. [PNCC v. CA, GR 116896. May
5, 1997, citing Black's Law Dict., 1139 (5th Ed., 1979)]. Compare with
Pacta sunt servanda.
Rebus sic stantibus principle. The theory under which the parties
stipulate in the light of certain prevailing conditions, and once these
conditions cease to exist, the contract also ceases to exist. [Naga
Telephone Co. v. CA, 230 SCRA 351, 365 (1994) citing IV Tolentino
347]. This theory is said to be the basis of Art. 1267 of the Civil Code,
(which enunciates the doctrine of unforeseen events and) which
provides: When the service has become so difficult as to be manifestly
beyond the contemplation of the parties, the obligor may also be
released therefrom, in whole or in part. [PNCC v. CA, GR 116896. May
5, 1997].
Rebut. Evidence disproving other evidence previously given or
reestablishing the credibility of challenged evidence. [Glossary of Legal
Terms (Pro-Se), 2004]. See Rejoinder.
Rebuttable presumption. See Prima facie presumption; Disputable
presumption.
Rebuttal evidence. Evidence which is given to explain, repel,
counteract or disprove facts given in evidence by the adverse party.
[Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 8].

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Recall. A procedure for locating a newborn with a possible heritable
condition for purposes of providing the newborn with appropriate
laboratory to confirm the diagnosis and, as appropriate, provide
treatment. [Sec. 4, RA 9288].
Recall. Admin. Law. 1. A mode of removal of a public officer by the
people before the end of his term of office. The people's prerogative to
remove a public officer is an incident of their sovereign power and in
the absence of constitutional restraint, the power is implied in all
governmental operations. Such power has been held to be
indispensable for the proper administration of public affairs. [Garcia v.
Comelec, GR 111511. Oct. 5, 1993, citing 67 CJS 480].
Recall, written petition for. A petition duly signed before the election
registrar or his representative, and in the presence of a representative
of the petitioner and a representative of the official sought to be
recalled and, and in a public place in the province, city, municipality, or
barangay, as the case may be, and filed with the Comelec through its
office in the local government unit concerned. [Sec. 70 (d) (1), LGC].
Recant. 1. To withdraw or repudiate formally and publicly. [citing Black's
Law Dict., 6th Ed. (1990)]. 2. To renounce or withdraw a prior
statement. [Alonte v. Savellano, GR 131652. Mar. 9, 1998, citing Words
& Phrases Vol. 36].
Recantation. The term usually applies to a repudiation by a complainant
or a witness, either for the prosecution or the defense, who has
previously given an extra-judicial statement or testimony in court.
[People v. del Pilar, 188 SCRA 37 (1990)].
Receipt. A written and signed acknowledgment that money has been
paid or goods have been delivered. A receipt is merely presumptive
evidence and is not conclusive. A written acknowledgment that money
or a thing of value has been received. [Sibal, Jose Agaton R., Phil.
Legal Encyc., 1986, pp. 829-830].
Receipts. Income realized from operations and activities of the
Government or are received by the Government in the exercise of its
corporate functions, consisting of charges for services rendered, or for
conveniences furnished, or the price of a commodity sold, as well as
authorized contributions or aids from other entities, except provisional

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advances for budgetary purposes. Loans for specific projects or
activities shall be considered as receipts. [Sec. 14, PD 477].
Received for shipment bill of lading. One in which it is stated that
the goods have been received for shipment with or without specifying
the vessel by which the goods are to be shipped. Received for shipment
bills of lading are issued whenever conditions are not normal and there
is insufficiency of shipping space. [Magellan v. CA, GR 95529. Aug. 22,
1991]. Compare with On board bill of lading.
Received the goods in good order and condition. It means that the
goods were in fact delivered to and received as such by the person who
signed the invoice. [Morenos Law Dict., 2000 Ed., p. 391].
Receiver. A representative of the court appointing him for the purpose
of preserving and conserving the property under receivership and
preventing its possible destruction or dissipation, if it goes to the
possession of another person. [Salientes v. IAC, GR L-66211. July 14,
1995].
Receivership. The placement of property, real or personal, which is
subject of litigation, in the possession and control of a receiver
appointed by the Court, who shall conserve it pending final
determination of the title or right or possession over it. [Cojuangco, Jr.
v. PCGG, 190 SCRA 226, 249].
Receiving any gift. The act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined
in RA 6713, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is neither nominal nor
insignificant, or the gift is given in anticipation of, or in exchange for, a
favor. [Sec. 3, RA 6713].
Receiving homes. Family-type homes which provides temporary shelter
from ten to twenty days for children who shall during this period be
under observation and study for eventual placement by the DSWD. The
number of children in a receiving home shall not at any time exceed
nine: Provided, That no more than two of them shall be under three
years of age. [Art. 117, PD 603].
Reception and study center. An institution that receives for study,
diagnosis, and temporary treatment, children who have behavioral

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problems for the purpose of determining the appropriate care for them
or recommending their permanent treatment or rehabilitation in other
child welfare agencies. [Art. 117, PD 603].
Recess. 1. As the concept is embraced in the phrase "at attendance in
the school," it contemplates a situation of temporary adjournment of
school activities where the student still remains within call of his mentor
and is not permitted to leave the school premises, or the area within
which the school activity is conducted. [Salvosa v. IAC, GR L-70458.
Oct. 5, 1988]. 2. Pol. Law. The intervening period between
adjournment of a regular session of one hundred days exclusive of
Sundays, or of a special session which cannot continue longer than
thirty days, and the convening thereof in regular session once every
year on the fourth Monday of [July] or in special session to consider
general legislation or only such subjects as he (the President) may
designate. And such intervening period refers to the same congress
that had adjourned and was to be convened. [Aytona v. Castillo, GR
L-19313. Jan. 19, 1962]. Compare with Adjournment.
Recidivism. Also Reincidencia. Crim. Law. 1. An aggravating
circumstance in which the offender shall have been previously convicted
by final judgment of another crime embraced in the same title of the
Rev. Penal Code. [People v. Real, GR 93436. Mar. 24, 1995, citing Art.
14 (9), RPC]. 2. It involves at least two convictions and is a form of
plurality of crimes like reiteracion, habitual delinquency and
quasi-recidivism. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p.
133]. 3. The continued, habitual or compulsive commission of law
violations after first having been convicted or prior offenses. [Jurists
Legal Dict., 2004].
Recidivist. Crim. Law. A person who, at the time of his trial for one
crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the Rev. Penal Code.
[People v. Kintuan, GR 74100. Dec. 3, 1987; Art. 14, RPC].
Reciprocal contract. See Synallagmatic contract.
Reciprocal obligations. Those obligations that arise from the same
cause, and in which each party is a debtor and a creditor of the other,
such that the obligation of one is dependent upon the obligation of the
other. [Presbitero v. CA, GR 102432. Jan. 21, 1993].

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Reciprocal wills. Succ. Wills in which the testators name each other as
beneficiaries under similar testamentary plans. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 104, citing 57 Am. Jur. Sec.
681, p. 459].
Reciprocity rule. Intl. Law. A state only has to respond to a suit
brought against it before the International Court of Justice to the extent
that the state bringing the suit has also accepted the jurisdiction of the
Court. [Intl. Law Dict. & Direct., 2004].
Reckless. Characterized by or manifesting lack of caution; rash, utterly
heedless. [Morenos Law Dict., 2000 Ed., p. 392].
Reckless driving. The failure to take such precaution or advance
measures in the performance of an act as the most common prudence
would suggest, whether injury is caused to persons or property.
Reckless imprudence. 1. It consists in voluntary, but without malice,
doing or falling to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person
performing of failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and place. [Art. 365,
RPC]. 2. An act from which injury results, which act, had it been done
with malice, would constitute a crime. [US v. Manabat, GR 9700. Dec.
3, 1914]. Also Criminal negligence.
Reckless negligence. It consists of the failure to take such precautions
or advance measures in the performance of an act as the most
common prudence would suggest whereby injury is caused to persons
or to property. [US v. Nava, GR 991. Dec. 19, 1902].
Recklessness. A lack of heed or concern for consequence; especially,
foolishly heedless of danger; headlong; rash; desperate; not caring or
noting; neglectful; indifferent. [US v. Aligan, GR 18606. Aug. 1, 1922].
Reclaimed land. Submerged land which by deliberate action of
dredging and filling has emerged to the surface. Such land belongs to
the State. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 86].

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Reclassification or reallocation. A change in the classification of a
position either as a result of a change in its duties and responsibilities
sufficient to warrant placing the position in a different class, or as result
of a reevaluation of a position without a significant change in duties
and responsibilities. [Sec. 3, PD 985].
Reclusion perpetua. Rem. Law. 1. The penalty whereby any person
sentenced to any of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such person by reason
of his conduct or some other serious cause shall be considered by the
Chief Executive as unworthy of pardon. [Art. 27, RPC]. 2. It entails
imprisonment for at least thirty (30) years after which the convict
becomes eligible for pardon, it also carries with it accessory penalties,
namely; perpetual special disqualification, etc. It is not the same as "life
imprisonment." [People v. Baguio, GR 76585. Apr. 30, 1991].
Reclusion temporal. The penalty shall be from twelve years and one
day to twenty years (of imprisonment). [Art. 27, RPC].
Recognition. Civ. Law. The process of declaring legally that a certain
person is ones own child. [Morenos Law Dict., 2000 Ed., p. 393].
Recognition. Intl. Law. 1. The act by which a state acknowledges the
existence of another state, a government or a belligerent community,
and indicates its willingness to deal with the entity as such under
international law. [Sandoval, Pol. Law Reviewer 2003]. 2. Formal
acknowledgement or acceptance by a government of the independence
and sovereignty of a newly created state or of a newly established
government in another state, especially one established by revolution.
Recognition of belligerency. Intl. Law. The formal acknowledgment
by a third party of the existence of a state of war between the central
government and a portion of that state. [Sandoval, Pol. Law Reviewer
2003].
Recognition of foreign judgments. In conflict of laws, the rules and
principles applied by courts in determining whether or not to recognize
and enforce a judgment rendered by a foreign court or an arbitral
award rendered by a foreign arbitral tribunal. [Tetley, Glossary of

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Recognition of government. Intl. Law. The free act by which one or
several states acknowledge that a person or a group of persons is
capable of binding the state which they claim to represent and witness
their intention to enter into relations with them. [Sandoval, Pol. Law
Reviewer 2003].
Recognition of states. Intl. Law. Under the minority view (or
constitutive school), recognition is the act which constitutes the entity
into an international person. Such recognition is compulsory and legal;
it may be compelled once the elements of a state are established.
Under the majority view (or declaratory school), recognition merely
affirms an existing fact, like possession by the state of the essential
elements. It is discretionary and political. [Sandoval, Pol. Law Reviewer
2003].
Recognizance. 1. An obligation of record, entered into before some
court or magistrate duly authorized to take it, with the condition to do
some particular act, the most usual condition in criminal cases being
the appearance of the accused for trial. [People v. Abner,. 87 Phil. 566,
569]. 2. An obligation entered into before a court whereby the
recognizor acknowledges that he will do a specific act required by law.
Recommend. To present one's advice or choice as having one's
approval or to represent or urge as advisable or expedient. It involves
the idea that another has the final decision. [Sinon v. CSC, GR 101251.
Nov. 5, 1992]. Compare with Assist.
Recommended Dietary Allowances (RDA). Levels of nutrient intakes
which are considered adequate to maintain health and provide
reasonable levels or reserves in body tissues of nearly all health
persons in the population. [Sec. 3, RA 8976].
Reconstitution. The restoration of the instrument or title allegedly lost
or destroyed in its original form and condition. [Anciano v. Caballes, No.
L-5040, Sep. 29, 1953, 93 Phil 876].
Reconstitution of a certificate of title. Also Reconstruction of a
certificate of title. Within the meaning of RA 26, the term denotes
restoration of the instrument which is supposed to have been lost or
destroyed in its original form and condition. [Vda. de Anciano v.
Caballes, 93 Phil. 875]. The purpose of the reconstitution of any

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document, book or record is to have the same reproduced, after
observing the procedure prescribed by law, in the same form they were
when the loss or destruction occurred. [Bunagan v. Branch VI, CFI of
Cebu, GR L-29073. Apr. 18, 1980].
Reconstitution of Torrens Certificates of Title Law. RA 26 entitled
An Act providing a special procedure for the reconstitution of torrens
certificates of title lost or destroyed enacted on Sep. 25, 1946.
Reconstruction of a certificate of title. See Reconstitution of a
certificate of title.
Reconveyance, action for. A legal remedy granted to a rightful owner
of land wrongfully or erroneously registered in the name of another to
compel the latter to reconvey the land to him. [Esconde v. Barlongay,
152 SCRA 603 (1987)].
Record. 1. All the documents and evidence plus transcripts of oral
proceedings in a case. [Glossary of Legal Terms (Pro-Se), 2004]. 2. An
information written on a tangible medium or stored in an electronic or
other similar medium, retrievable form. [Sec. 3, RA 9285].
Re-cross-examination. Evid. The re-cross examination of the witness
by the adverse party, upon the conclusion of the re-direct examination,
on matters stated in the re-direct examination, and also on such other
matters as may be allowed by the court in its discretion. [Sec. 8, Rule
132, RoC]. Compare with Re-direct examination.
Recruitment. Any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad,
whether for profit or not. [People v. Turda, GR 97044-46. July 6, 1994].
Recruitment and placement. Any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided,
That any person or entity which, in any manner, offers or promises for
a free employment to two or more persons shall be deemed engaged in
recruitment and placement. [Art. 13, LC].

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Recruitment and placement. Any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided,
That any person or entity which in any manner, offers or promises for a
fee employment to two or more persons shall be deemed engaged in
recruitment and placement. [Art. 13, LC].
Rectifier. Every person who rectifies, purifies, or refines distilled spirits
or wines by any process other than by original and continuous
distillation from mash, wort, wash, sap, or syrup through continuous
closed vessels and pipes until the manufacture thereof is complete.
[Sec. 1, PD 426].
Recto Law. Act 4122, now Art. 1484 of the Civil Code, which provides:
"In a contract of sale of personal property the price of which is payable
in installments, the vendor may exercise any of the following remedies:
(a) Exact fulfillment of the obligation, should the vendee fail to pay; (b)
cancel the sale, should the vendee's failure to pay cover two or more
installments; (c) foreclose the chattel mortgage on the thing sold, if one
has been constituted, should the vendee's failure to pay cover two or
more installments. In this case, he shall have no further action against
the purchaser to recover any unpaid balance of the price. Any
agreement to the contrary shall be void. [Dela Cruz v. Asian
Consumer, GR 94828. Sep. 18, 1992].
Recuse. The process by which a judge is disqualified from hearing a
case, on his own motion or upon the objection of either party.
Reddendo singula singulis. Lat. Referring each to each. Referring
each phrase or expression to its appropriate object. Let each be put in
its proper place, that is, the words should be taken distributively.
[People v. Tamani, GR L-22160 & L-22161. Jan. 21, 1974, citing 76 C.
J. S. 175].
Redeemable bonds. Corp. Law. Bonds which give the issuer the right
to pay off the bonds even before maturity. [Diaz, Bus. Law Rev., 1991
Ed., p. 269].
Redeemable security. Any security, other than short-term paper,
under the terms of which the holder, upon its presentation to the issuer

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or to a person designated by the issuer, is entitled to receive
approximately his proportionate share of the issuer's current net assets,
or the cash equivalent thereof. [Sec. 3, RA 2629].
Redeemable shares. Corp. Law. Shares which may be issued by the
corporation when expressly so provided in the articles of incorporation.
They may be purchased or taken up by the corporation upon the
expiration of a fixed period, regardless of the existence of unrestricted
retained earnings in the books of the corporation, and upon such other
terms and conditions as may be stated in the articles of incorporation,
which terms and conditions must also be stated in the certificate of
stock representing said shares. [Sec. 8, Corp. Code].
Redemption. Buying back. When a vendor later buys the property back.
A right of redemption gives the vendor the right to buy back the
property. [Duhaime's Legal Dict., 2004]. See Right of redemption
and Equity of redemption.
Redemptioner. A creditor having a lien by attachment, judgment or
mortgage on the property sold, or on some part thereof, subsequent to
the judgment under which the property was sold. [Medida v. CA, GR
98334. May 8, 1992].
Redhibitory action. An action to withdraw from the contract, with
damages. [Art. 1567, CC].
Redhibitory defect. An imperfection or defect of such nature as to
engender a certain degree of importance. An imperfection or defect of
little consequence does not come within the category of being
redhibitory. [Moles v. IAC, GR 73913. Jan. 31, 1989].
Re-direct examination. Evid. 1. The re-examination of the witness by
the party calling him, after the cross-examination has been concluded,
to explain or supplement his answers given during the
cross-examination. [Sec. 7, Rule 132, RoC]. 2. Opportunity to present
rebuttal evidence after one's evidence has been subjected to
cross-examination. [Glossary of Legal Terms (Pro-Se), 2004]. Compare
with Re-cross examination.
Redress. To set right; to remedy; to compensate; to remove the causes
of a grievance. [Glossary of Legal Terms (Pro-Se), 2004].

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Reduction in price. Remedy that allows a buyer to pay less for
non-conforming goods in those cases where the buyer is not entitled to
damages. [Intl. Law Dict. & Direct., 2000].
Redundancy. Labor. It exists where the services of an employee are in
excess of what is reasonably demanded by the actual requirements of
the enterprise. [Almodiel v. NLRC, GR 100641. June 14, 1993].
Redundant position. Labor. Where a position is superfluous, and
superfluity of a position or positions may be the outcome of a number
of factors, such as overhiring of workers, decreased volume of
business, or dropping of a particular product line or service activity
previously manufactured or undertaken by the enterprise. The
employer has no legal obligation to keep in its payroll more employees
than are necessary for the operation of its business. [Wiltshire File Co.,
Inc. v. NLRC, GR 82249, Feb. 7, 1991, 193 SCRA 665, 672].
Re-export permit. A permit authorizing an individual to bring out of the
country a previous imported wildlife. [Sec. 5, RA 9147].
Referee. Rem. Law. A person to whom the court refers a pending case
to take testimony, hear the parties, and report back to the court. A
referee is an officer with judicial powers who serves as an arm of the
court. [Glossary of Legal Terms (Pro-Se), 2004]. Also called
Commissioner.
Referee. Also Sentenciador. A person who watches and oversees the
proper gaffing of fighting cocks, determines the physical condition of
fighting cocks while cockfighting is in progress, the injuries sustained by
the cocks and their capability to continue fighting and decides and
make known his decision by work or gestures and result of the
cockfight by announcing the winner or declaring a tie or no contest
game. [Sec. 4, PD 449].
Referee in case of need. Nego. Inst. A person whose name is inserted
by the drawer on the bill, to whom the holder may resort in case the
bill is dishonored by non-acceptance or non-payment. [[Diaz, Bus. Law
Rev., 1991 Ed., p. 366, citing Sec. 131, NIL].
Referendum. Pol. Law. 1. The power of the electorate to approve or
reject a legislation through an election called for the purpose. It may be
of two classes, namely: (a) Referendum on statutes which refers to a

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petition to approve or reject an act or law, or part thereof, passed by
Congress; and (b) referendum on local law which refers to a petition to
approve or reject a law, resolution or ordinance enacted by regional
assemblies and local legislative bodies. [Sec. 3, RA 6735]. 2. The right
reserved to the people to adopt or reject any act or measure which has
been passed by a legislative body and which in most cases would
without action on the part of electors become a law. [Cruz, Phil. Pol.
Law, 1991 Ed., p. 169]. Compare with Plebiscite.
Referral selling. The sales device employed by the sellers wherein the
buyer is induced to acquire goods or services by representing that after
the acquisition of the goods or services, he will receive a rebate,
commission or other benefit in return for the submission of names of
potential customers or otherwise helping the seller enter into other
sales, if the receipt of such benefit is contingent on an event occurring
after the sale is made. [Art. 4, RA 7394].
Refer to drawer. A banking phrase indicating that there was no deposit
or arrangement with the bank for the payment of the dishonored check.
Refined gold. Gold that has been purified to the fineness acceptable to
the Central Bank (now Bangko Sentral). [Sec. 1, RA 6364].
Refining. 1. A process where impurities and/or deleterious materials are
removed from a mixture in order to produce a pure element of
compound. it shall also refer to partial distillation and electrolysis. [Sec.
3, PD 1185]. 2. The processing or treating of petroleum by chemical or
physical means for the purpose of making or separating marketable
products; not including, however, such operations, separate from the
foregoing, as gas compression, removal of noxious gases, crude oil
stabilization or treatment for emulsion, or any other operation which
has as its principal aim the avoidance of hazard or loss, or which is
incidental to production or to transportation. [Sec. 74, RA 387].
Refining concession. A concession which grants to the concessionaire
the right to manufacture or refine petroleum, or to extract its
derivatives. [Art. 10, RA 387].
Reformation. That remedy in equity by means of which a written
instrument is made or construed so as to express or conform to the real
intention of the parties. [NIA v. Gamit, GR 85869. Nov. 6, 1992].

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Reformation of a contract. As enumerated in Art. 1359 of the Civil
Code, its requisites are: (a) There must have been a meeting of the
minds to a contract; (b) the instrument or document evidencing the
contract does not express the true intention of the parties; and (c) the
failure of the instrument to express the true intention of the parties
must be due to mistake, fraud inequitable conduct or accident. [Mata v.
CA, GR 87880, Apr. 7, 1992, citing Tan Sua Sia v. Yu Baio Sontua, 56
Phil. 711].
Reformation of instruments. That remedy in equity by means of
which a written instrument is made or construed so as to express or
conform to the real intention of the parties when some error or mistake
has been committed. [Veluz v. Veluz, GR L-23261. July 31, 1968, citing
53 CJ 906, cited in Padilla's Civil Code Annotated, Vol. II, p. 431].
Reformation of instruments. Requisites: (a) There is a valid contract;
(b) the contract is in writing; and (c) the written contract did not
express the true intention of the parties due to mistake, fraud,
inequitable conduct or accident [Art. 1359, CC].
Refresher. Process of further training in work currently performed in
order to improve job performance. This also refers to training to regain
skills and knowledge which may have been partly forgotten as a result
of length interruptions in the performance of an occupation. [Sec. 1,
Refrigerating and cold storage plants. 1. A set of refrigerating
machinery housed in a building with cold storage compartments, for
making ice and freezing and storing fish and fishery/aquatic products
exclusively for the fishery industry. [Sec. 3, PD 704]. 2. A set of
refrigerating machineries housed in a building with cold storage fish
and other perishable commodities. [Sec. 3, PD 43].
Refrigeration equipment. Gas, solar or electrically operated machines
for the control of medium and low temperature such as conventional
and frost-free household and commercial refrigerators and freezers;
beverage coolers, water coolers, ice cream, ice drop and ice cube
making machines and vendo machines; cold storage, brine tanks, brine
and storage coils; sealed, semi-seal and open type refrigeration
compressors. [Sec. 1, PD 1572].

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Refugee. Intl. Law. Any person who is outside the country of his
nationality, or if he has no nationality, the country of his former
habitual residence, because he has had or had well-grounded fear of
persecution by reason of his race, religion, nationality or political
opinion and is unable or, because of such fear, is unwilling to avail
himself of the protection of the government of the country of his
nationality, or, if he has no nationality, to return to the country of his
former habitual residence. [Sandoval, Pol. Law Reviewer 2003].
Refusal of assistance. Crim. Law. The felony committed by a public
officer who, upon demand from competent authority, shall fail to lend
his cooperation towards the administration of justice or other public
service, if such failure shall result in serious damage to the public
interest, or to a third party. [Art. 233, RPC].
Refusal to discharge elective office. Crim. Law. The felony
committed by any person who, having been elected by popular election
to a public office, shall refuse without legal motive to be sworn in or to
discharge the duties of said office. [Art. 234, RPC].
Refuse. 1. Garbage, waste, wood residues, sand, lime cinders ashes,
offal, nightsoil, tar, dye staffs, acids, chemicals and substances other
than sewage and industrial wastes that may cause pollution. [Sec. 3,
PD 979]. 2. An inclusive term for all solid waste products consisting of
garbage, rubbish, ashes, night soil, manure, dead animals, street
sweepings and industrial wastes. [Sec. 81, PD 856].
Refusing to act within a reasonable time on any matter before
public officer for some pecuniary or material benefit. The
elements of Sec. 3(f) of the Anti-Graft and Corrupt Practices (RA 3019)
are that: (a) The offender is a public officer; (b) the said officer has
neglected or has refused to act without sufficient justification after due
demand or request has been made on him; (c) reasonable time has
elapsed from such demand or request without the public officer having
acted on the matter pending before him; and (d) such failure to so act
is for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or
advantage in favor of an interested party, or discriminating against
another. [Coronado v. Sandiganbayan, GR 94955. Aug. 18, 1993].
Regalian doctrine. 1. All lands not otherwise clearly appearing to be
privately-owned are presumed to belong to the State. Forest lands, like

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mineral or timber lands which are public lands, are not subject to
private ownership unless they under the Constitution, become private
properties. In the absence of such classification, the land remains
unclassified public land until released therefrom and rendered open to
disposition. [Dir. of Lands v. IAC, GR 73246. Mar. 2, 1993, 219 SCRA
339]. 2. The doctrine that holds that all lands of the public domain are
owned by the State, [Sec. 2. Art. XII, 1987 Const.] and that the State is
the source of any asserted right to ownership in land and charged with
the conservation of such patrimony. [Rep. v. CA, 89 SCRA 648 (1979)].
Regalian theory. A doctrine which states that all lands in the Philippines
are presumed to belong to the government, and anyone who claims
ownership or title to a land must positively establish that he acquired
the same by any of the modes allowed by law, or that he and his
predecessors-in-interest have been in possession of the land since time
immemorial. [Morenos Law Dict., 2000 Ed., p. 396].
Regional language. The lingua franca or the commonly spoken
language of a region. [Sec. 3, RA 7104].
Regional party. A party the constituency of which is spread over the
geographical territory of at least a majority of the cities and provinces
comprising the region. [Sec. 3, RA 7941].
Region of war. Intl. Law. The place where the belligerents may lawfully
engage each other, as distinguished from the theater of war. [Cruz,
Intl. Law Reviewer, 1996 Ed., pp. 138-139].
Registered bond. Corp. Law. One which is payable only to the person
whose name appears on the face of the bond certificate and in the
bond register of the company; hence, it is not negotiable. It is,
however, transferable, and the transfer of a registered bond is possible
only by recording the transfer on the transfer books of the company
and registering the name of the new owner, [Martin, Commentaries
Registered enterprises. Any individual, partnership, cooperative,
corporation or other entity incorporated and/or organized and existing
under Philippine laws; and registered with the Board of Investments.
[Art. 11, EO 226 (1987)].

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Registered export producer. Any person, corporation, partnership, or
other entity doing business in the Philippines, (a) registered with
Philippine Export Councils; (b) engaged in the manufacture, production
or processing of articles or products for export in commercial quantity;
and (c) directly exporting its products, or selling them (1) to a
registered export trader that subsequently exports the said products, or
(2) to another export producer who utilizes said products as direct
materials or input in product subsequently manufactured or processed
by them and thereafter exported or (3) to foreign tourists, when paid
for in acceptable foreign currency and actually brought out of the
Philippines by the buyers upon their departure. [Sec. 187, NIRC, as
amended].
Registered export trader. Any person, corporation, partnership or
other entity doing business in the Philippines (a) registered with the
Philippine Export Council; and (b) who is engaged in the buying of
Philippine-made products and subsequently exporting the same. [Sec.
187, NIRC, as amended].
Registered mark. Trademark with the words "Registered in the
Philippines Patent Office" or "Reg. Phil. Pat. Off." or the letter "R"
enclosed within a circle. [RA 166].
Registered tourism enterprise. A person, corporation, partnership or
other entity organized and existing under the Philippine Constitution
registered with the Philippine Tourism Authority in accordance with and
as defined by PD 535, and engaged in or proposing to engage in
rendering services to foreign tourists and travelers covered by the
Tourism Priorities Plan and subject to the guidelines prepared by the
DOT. [Sec. 38, PD 564; Sec. 1, PD 534].
Registered voter. Elec. Law. One who is duly registered in the list of
voters because he possesses the qualifications for suffrage. [Suarez,
Register of Deeds, Office of the. 1. A public depository of records of
public documents affecting the title to lands in the province or in the
city where the lands are located. [Tolentino, Civil Code of the Phil., Vol.
II, Repr. 2001, p. 436, citing Sec. 193, Admin. Code]. 2. The office
where the inscription or annotation of acts and contracts relating to
ownership and other rights over real property are recorded. [Torres,
Oblig. & Cont., 2000 Ed., p. 354].

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Registration. A ministerial act by which a deed, contract, or instrument
is sought to be inscribed in the records of the Office of the Register of
Deeds and annotated at the back of the Certificate of title covering the
land subject of the deed, contract or instrument. Its purpose is to give
notice thereof to all persons (Sec. 51, Act 496) and does not declare
that the recorded instrument is a valid and subsisting interest in the
land. This is so because the effect or validity of the instrument can only
be determined in an ordinary case before the courts, not before a court
acting merely as a registration court which has no jurisdiction over the
same. [Seton v. Rodriguez, GR L-16285. Dec. 29, 1960].
Registration of agreement. Labor. The filing of the collective
bargaining agreement with the Regional Office or the Bureau of Labor
Relations accompanied by verified proof of posting and ratification and
payment of fee. [Sec. 1, Rule 1, Book 5, IRR of LC].
Registration (of voters). Elec. Law. A method of proof, prescribed for
ascertaining who are qualified to cast votes. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 309, citing People v. Carleton, 41 Miss.
523].
Registration proceedings. Labor. Proceedings involving the
application for registration of labor organizations. [Sec. 1, Rule 1, Book
5, IRR of LC].
Registration statement. The application for the registration of
securities required to be filed with the Tariff Commission. [Sec. 3, RA
8799].
Registry of property. An institution of the State which publishes the
juridical situation and vicissitudes of real properties and real rights
therein, showing thereby the acts relative to said properties. [Tolentino,
Civil Code of the Phil., Vol. II, Repr. 2001, p. 449, citing Ventura, Land
Registration and Mortgages, p. 39].
Regressive tax. Tax the rate of which decreases as the tax base or
bracket increases. (There is no such tax in the Philippines.) [De Leon,

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Regular. Steady or uniform in course, practice, or occurrence, as
opposed to casual or occasional. [Rep. v. Asuncion, GR 108208. Mar.
11, 1994, citing Black's Law Dict. 1285 (6th Ed., 1990)].
Regular appointment. An appointment made by the President while
Congress is in session. It takes effect only after confirmation by the
Commission on Appointments. Once the same is approved, it continues
until the end of the term of the appointee. [Suarez, Pol. Law Reviewer,
1st Ed., 2002, p. 393]. Compare with Ad interim appointment.
Regular employee. An employee who has been performing the job for
at least one year, even if the performance is not continuous or merely
intermittent. The law deems the repeated and continuing need for its
performance as sufficient evidence of the necessity if not
indispensability of that activity to the business. Hence, the employment
is also considered regular, but only with respect to such activity and
while such activity exists. [De Leon v. NLRC, GR 70705. Aug. 21, 1989].
Regular employment. Employment where the employee has been
engaged to perform activities which are usually necessary or desirable
in the usual business or trade of the employer, except where the
employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time of
the engagement of the employee or where the work or services to be
performed is seasonal in nature and the employment is for the duration
of the season. [Art. 280, CC]. Compare with Casual employment.
Regular farmworker. A natural person who is employed on a
permanent basis by an agricultural enterprise or farm. [Sec. 3, RA
6657].
Regulate. The term includes the power to control, to govern, and to
restrain; but it should not be construed as synonymous with 'suppress'
or 'prohibit. [Samson v. City Mayor of Bacolod, GR L-28745. Oct. 23,
1974].
Regulated drug. This includes self-inducing sedatives, such as
secobarbital, phenobarbital, pentobarbital, barbital, amobarbital and
any other drug which contains a salt or a derivative of a salt of
barbituric acid; any salt, isomer or salt of an isomer, of amphetamine,
such as benzedrine or dexedrine, or any drug which produces a
physiological action similar to amphetamine; and hypnotic drugs, such

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as methaqualone or any other compound
physiological effects. [Sec. 2, RA 6425].
producing
similar
Regulatory agency. Any agency expressly vested with jurisdiction to

regulate, administer or adjudicate matters affecting substantial rights
and interests of private persons, the principal powers of which are
exercised by a collective body, such as a commission, board or council.
[Sec. 2, Admin. Code of 1987].
Rehabilitate-operate-and-transfer. A contractual arrangement
whereby an existing facility is turned over to the private sector to
refurbish, operate and maintain for a franchise period, at the expiry of
which the legal title to the facility is turned over to the government.
The term is also used to describe the purchase of an existing facility
from abroad, importing, refurbishing, erecting and consuming it within
the host country. [Sec. 2, RA 7718].
Rehabilitate-own-and-operate. A contractual arrangement where-by
an existing facility is turned over to the private sector to refurbish and
operate with no time limitation imposed on ownership. As long as the
operator is not in violation of its franchise, it can continue to operate
the facility in perpetuity. [Sec. 2, RA 7718].
Rehabilitation. 1. An integrated approach to physical, social, cultural,
spiritual, educational and vocational measures that create conditions for
the individual to attain the highest possible level of functional ability.
[Sec. 4, RA 7277]. 2. The restoration of the disabled or handicapped to
the fullest physical, mental, social and economic usefulness of which he
is capable with in the limitations of the disability or handicap. [Sec. 11,
PD 1509]. 3. The process by which there is provided a balanced
program of remedial treatment, vocational assessment and preparation
designed to meet the individual needs of each handicapped employee
to restore him to suitable employment, including assistance as may be
within its resources to help each rehabilitee to develop his mental,
vocational or social potential. [Sec. 1, Rule 9, Rules on Employees
Compensation]. 4. Corp. Law. It contemplates a continuance of
corporate life and activities in an effort to restore and reinstate the
corporation to its former position of successful operation and solvency.
[Ruby Industrial Corp. v. CA, GR 124185-87. Jan. 20, 1998].
Rehabilitation center. 1. Health Ins. A facility, which undertakes
rehabilitation of drug dependents. It includes institutions, agencies and

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the like which have for their purpose, the development of skills, or
which provides counseling, or which seeks to inculcate, social and
moral values to clientele who have a drug problem with the pain of
weaning them from drugs and making them drug-free, adapted to their
families and peers, and readjusted into the community as law-abiding,
useful and productive citizens. [Sec. 1, RA 9241]. 2. Child and Youth
Welfare Law. An institution that receives and rehabilitates youthful
offenders or other disturbed children. [Art. 117, PD 603]. 3. An
organized service of varied rehabilitation measures usually located in
one site for the rehabilitation of disabled individuals. [Sec. 1, Rule 9,
Rules on Employees Compensation].
Rehabilitation facility. An organized service offering one or more
types of service for the rehabilitation of the handicapped individual.
[Sec. 1, Rule 9, Rules on Employees Compensation].
Rehabilitation medicine. At the patient level, the clinical management
of the problems associated with disability, with the objective of
improving to the maximum level the physical, socio-economic and
physiological functioning of a disabled individual. Medical rehabilitation
is an integrated part of the total medical care. Total rehabilitation is
best achieved through the coordinated work of various health
disciplines like medicine, psychology, social work, physical therapy,
occupational therapy, speech and hearing, nursing, vocational
evaluation, dietetics, and special education. [Sec. 2, RA 5680].
Rehabilitation receivership. Corp. Law. The placement of a distressed
company under rehabilitation, followed by the appointment of a
management which shall hold in trust all assets of a corporation under
rehabilitation receivership for the equal benefit of all creditors to
preclude one from obtaining an advantage or preference over another
by the expediency of attachment, execution or otherwise. [Claridades,
Rehabilitee. A
disabled
individual
undergoing
rehabilitation
(student-rehabilitee or trainee) or who has finished a prescribed course
in rehabilitation in which he is known as a graduate-rehabilitee or
trainee. [Sec. 1, Rule 9, Rules on Employees Compensation].
Rehearing. Another hearing of a civil or criminal case by the same court
in which the case was originally heard. [Glossary of Legal Terms
(Pro-Se), 2004].

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Reincidencia. See Recidivism.
Reincorporation. Corp. Law. The taking out of a new charter by a
corporation in order to correct errors or defects in the original
incorporation, or to enlarge the powers or limit the liabilities of the
corporation, or to lengthen or revive the corporate life. It is an
amendment of the charter, and generally, under the statutes, there is
no new corporation but the company is the same before
reincorporation. [Morenos Law Dict., 2000 Ed., p. 398].
Reinstate. Admin. Law. To restore to a state, condition, position, etc.
from which one had been removed. [Globe-Mackay Cable and Radio
Corp. v. NLRC, GR 82511. Mar., 1992].
Reinstatement. Admin. Law. 1. The reappointment of a person who
was previously separated from the service through no delinquency or
misconduct on his part from a position in the career service to which he
was permanently appointed, to a position for which he is qualified.
[CSC Rules on Personnel Actions and Policies, Nov. 10, 1975]. 2.
Restoration to a state or condition from which one had been removed
or separated. [Grolier Intl. v. Amansec, GR 83523. Aug. 31, 1989].
Reinsurance broker. One who, for compensation, not being a duly
authorized agent, employee or officer of an insurer in which any
reinsurance is effected, act or aids in any manner in negotiating
contracts of reinsurance, or placing risks of effecting reinsurance, for
any insurance company authorized to do business in the Philippines.
[Sec. 310, Ins. Code].
Reinsurance contract. 1. A contract by which an insurer procures a
third person to insure him against loss or liability by reason of such
original insurance. [Sec. 95, IC]. 2. It is for the purpose of distributing
or relieving the insurer of a risk that is deemed so large that a payment
in case of loss would seriously cripple and endanger the solvency of the
original insurer. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of
the Phil., 1999 Ed., p. 97]. 3. The insuring of a risk or part of a risk, by
the principal insurer with another insurer known as the reinsurer. In
other words, it is insurance of all or part of one insurer's risk by a
second insurer, who accepts the risk in exchange for a percentage of
the original premium. [Tetley, Glossary of Conflict of Laws, 2004].
Compare with Co-insurance.

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Reinsurance treaty. It is merely an agreement between two insurance
companies whereby one agrees to cede and the other to accept
reinsurance business pursuant to provisions specified in the treaty.
[Phil. Amer. Life Ins. Co. v. Auditor Gen., GR L-19255. Jan. 18, 1968,
citing Pioneer Life Ins. Co. v. Alliance Life Ins. Co., 30 N.E. 2d 66, 72].
Reiteracion. Also Habituality. An aggravating circumstance in which
the offender shall have been punished previously for an offense to
which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty. [People v. Real, GR 93436.
Mar. 24, 1995, citing Art. 14 (10), RPC].
Rejoinder. 1. The second pleading on the part of the defendant, being
his answer to the plaintiffs replication (or reply). [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 669]. 2. Opportunity for the side that opened
the case to offer limited response to evidence presented during the
rebuttal by the opposing side. [Glossary of Legal Terms (Pro-Se),
2004]. See Rebuttal.
Related theoretical instructions. Technical information based on
apprenticeship standards approved by the Bureau of Apprenticeship
designed to provide the apprentice theoretical competence in his trade.
[Sec. 2, Rule 6, Book 3, IRR of LC].
Relations back doctrine. See Doctrine of relations.
Relationship proximity. This is determined by the number of
generations. Each generation forms a degree. [Art. 963, CC].
Relative poverty. The gap between the rich and the poor. [Sec. 3, RA
8425].
Relatives. Any and all persons related to a public official or employee
within the fourth civil degree of consanguinity or affinity, including
bilas, inso and balae. [Sec. 3, RA 6713].
Relative simulation of a contract. It takes place when the parties
conceal their true agreement. [Art. 1345, CC]. A relative simulation,
when it does not prejudice a third person and is not intended for any
purpose contrary to law, morals, good customs, public order or public
policy binds the parties to their real agreement. [Art. 1346, CC].

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972
Relativity of contracts. 1. The principle of Civil Law that a contract can
only bind the parties who had entered into it or their successors who
have assumed their personality or their judicial position, and that, as a
consequence, such contract can neither favor nor prejudice a third
person. 2. Contracts take effect only between the parties, their assigns
and heirs, except in case where the rights and obligations arising from
the contract are not transmissible by their nature, or by stipulation or
by provision of law. [Art. 1311, CC].
Relator. An informer; a person who has supplied the facts required for a
criminal prosecution or a civil suit. [Duhaime's Legal Dict., 2004].
Relevant evidence. Evidence which has a relation to the fact in issue
as to induce belief in its existence or non-existence. [Claridades, A.,
Relics. Cultural properties which, either as a whole or in fragments, are
left behind after the destruction or decay of the rest of its parts and
which are intimately associated with important beliefs, practices,
customs and traditions, periods and personages. [Sec. 3, RA 4846].
Relief. 1. Rem. Law. The redress sought or prayed for by the plaintiff.
[Bachrach v. Icaringal, 68 Phil. 287]. Compare with Remedy. 2.
Admin. Law. The whole or part of any grant of money, assistance,
license, authority, privilege, exemption, exception, or remedy;
recognition of any claim, right, immunity, privilege, exemption or
exception; or taking of any action upon the application or petition of
any person. [Sec. 2, Chap. 1, Book VII, EO 292].
Relief from judgment, petition for. See Petition for relief from
judgment.
Religion. 1. Any specific system of belief, worship, conduct, etc., often
involving a code of ethics and a philosophy. [Cruz, Constl. Law, 1998
Ed., p. 171, citing Websters New World Dict., p. 1228]. 2. A profession
of faith to an active power that binds and elevates man to his Creator.
[Aglipay v. Ruiz, 64 Phil. 201].
Religious profession and worship, right to. It has a two-fold aspect,
viz: freedom to believe and freedom to act on one's beliefs. The first is
absolute as long as the belief is confined within the realm of thought.

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973
The second is subject to regulation where the belief is translated into
external acts that affect the public welfare. [Cruz, Constl. Law, 1998
Ed., p. 181, citing Cantwell v. Connecticut, 54 LW 4298 (1986)].
Remaining economic life. The period of time (years) from the date of
appraisal to the date when the machinery becomes valueless. [Sec. 3,
PD 464].
Remaining value. The value corresponding to the remaining useful life
of the machinery. [Sec. 3, PD 464].
Remains. The body of a dead person. [Sec. 89, PD 856].
Remand. 1. To send a dispute back to the court where it was originally
heard. Usually, it is an appellate court that remands a case for
proceedings in the trial court consistent with the appellate court's
ruling. [Glossary of Legal Terms (Pro-Se), 2004]. 2. To send back. The
sending by the appellate court of the cause back to the same court out
of which it came, for purpose of having some further action taken on it
there. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 672].
Remedial or adjective law. That branch of law which prescribes the
method of enforcing rights or obtains redress for their invasion. [Bustos
v. Lucero, GR L-2068. Oct. 20, 1948]. Compare with Substantive law.
Remedial statute. 1. A statute that does not create new rights or take
away rights that are already vested. It only operates in furtherance of a
remedy or confirmation of rights already in existence. It does not come
within the legal purview of a prospective law. As such, it can be applied
retroactively independent of the general rule against the retrospective
application of statutes. [Casabar v. Sino Cruz, GR L-6882, Dec. 29,
1954]. 2. Being procedural in nature, it shall apply to all actions
pending at the time of its enactment except only with respect to those
cases which had already attained the character of a final and executory
judgment. [People v. Sumilang, 77 Phil 764 (1946); Mun. Govt. of
Coron, Palawan v. Cario, 154 SCRA 216 (1987)]. See Curative
statutes.
Remedy. 1. Legal or judicial means by which a right or privilege is
enforced or the violation of a right or privilege is prevented, redressed,
or compensated. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The
means by which a right is enforced or the violation of a right is

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974
prevented, redressed, or compensated. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 672]. Compare with Relief.
Remission. See Condonation.
Remission. Requisites. For remission to result in the total or partial
extinguishment of the obligation, the following requisites must concur:
(a) It must be gratuitous; (b) it must be accepted by the obligor; and
(c) the obligation must be demandable. [Morenos Law Dict., 2000 Ed.,
p. 400].
Remittance. The amount of the foreign exchange earnings remitted by
a contract worker or seaman to any beneficiary in the Philippines
through the Philippine banking system. [Sec. 1, Rule 1, IRR of LC].
Remitted. Forwarded, sent, or transmitted. [Bank of America NT & SA v.
CA, GR 103092. July 21, 1994].
Remittitur. The remand of the record to the lower court. [Sebastian
Enterprises v. CA, GR L-41862. Feb. 7, 1992].
Remodeling. The introduction of some changes in the shape or form of
the body of the motor vehicle. [Sec. 2, RA 6539].
Removal. The term imports the separation of the incumbent before the
expiration of his term (which) is allowed by the Constitution only when
it is for cause as provided by law. [Achacoso v. Macaraig, GR 93023.
Mar.13, 1991].
Removal, sale or pledge of mortgaged property. Crim. Law. The
felony committed by any person who shall knowingly remove any
personal property mortgaged under the Chattel Mortgage Law to any
province or city other than the one in which it was located at the time
of the execution of the mortgage, without the written consent of the
mortgagee, or his executors, administrators or assigns, or by any
mortgagor who shall sell or pledge personal property already pledged,
or any part thereof, under the terms of the Chattel Mortgage Law,
without the consent of the mortgagee written on the back of the
mortgage and noted on the record hereof in the office of the Register
of Deeds of the province where such property is located. [Art. 319,
RPC].

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975
Remuneratory contract. A con-tract the cause of which is the service
or benefit to be remunerated. [Art. 1350, CC].
Remuneratory donation. One where the donee gives something to
reward past or future services or because of future charges or burdens,
when the value of said services, burdens or charges is less than the
value of the donation. [De Luna v. Abrigo, GR 57455. Jan. 18, 1990].
Compare with Simple donation or Onerous donation.
Rendition of judgment. The filing of the signed decision with the clerk
of court, and not the pronouncement of the judgment in open court.
Before such filing, the decision may still be subject to amendment and
change and may not yet be considered effective and binding. [Ago v.
CA, GR L-17898. Oct. 31, 1962]. Compare with Promulgation.
Renew. To make new again; to restore to freshness; to make new
spiritually; to regenerate; to begin again; to recommence; to resume;
to restore to existence; to revive; to re-establish; to recreate; to
replace; to grant or obtain an extension of. [Alhambra Cigar v. SEC, GR
L-23606. July 29, 1968, citing Webster's New Intl. Dict.].
Renewable energy resources. Energy resources that do not have an
upper limit on the total quantity to be used. Such resources are
renewable on a regular basis and the renewable rate is rapid enough to
consider availability over an indefinite time. These include, among
others, biomass, solar, wind, hydro and ocean energy. [Sec. 4, RA
9136].
Renovation. Any physical change made on a building or structure to
increase its value, utility and/or to improve its aesthetic quality.
Rent. The consideration paid by a tenant to a landlord in exchange for
the exclusive use and enjoyment of land, a building or a part of a
building. Under normal circumstances, the rent is paid in money and at
regular intervals, such as the first of every month. The word has also
come to be used as a verb as in to rent an apartment, although the
proper legal term would be to lease an apartment. [Duhaime's Legal
Dict., 2004].
Rental. 1. The amount paid for the use or occupancy of a residential
unit whether payment is made on a monthly or other basis. [Sec. 2, BP

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976
877; Sec.4, RA 9161]. 2. The amount paid for the use of dwelling units
or land on which another's dwelling is located whether payment is
made on a fifteen-day, monthly or other basis. [Sec. 2, RA 6359; Sec.
2, RA 6126].
Rent Control Law. BP 877 entitled An Act providing for the
stabilization and regulation of, rentals of certain residential units for
other purposes enacted on June 12, 1985.
Renunciation. Nego. Inst. The act of surrendering a right or claim
without recompense, but it can be applied with equal propriety to the
relinquishing of a demand upon an agreement supported by a
consideration. [Claridades, A., Compilation of Notes, 2001-2006].
Renvoi doctrine. Reference back. 1. The doctrine holding that court of
the forum, in determining the question before it, must take into
account the whole law of the other jurisdiction, but also its rules as to
conflict of laws, and then apply the law to the actual question which the
rules of the other jurisdiction prescribe. This may be the law of the
forum. [In re: Aznar v. Christensen, GR L-16749. Jan. 31, 1963, citing 2
Am. Jur. 296]. 2. The application of the conflict rules of one state by
the court or tribunal of another state, in order to solve a conflict of laws
problem. [Tetley, Glossary of Conflict of Laws, 2004].
Reorganization. 1. Admin. Law. A recognized valid ground for
separation of civil service employees, subject only to the condition that
it be done in good faith. [Domingo v. DBP, 207 SCRA 766]. 2. Corp
Law. (a) A reorganization under the supervision of a court of competent
jurisdiction; (b) a merger or consolidation; (c) a sale of seventy-five per
centum or more in value of the assets of a company; (d) a restatement
of the capital of a company, or an exchange of securities issued by a
company for any of its own outstanding securities; (e) a voluntary
dissolution or liquidation of a company; (f) a recapitalization or other
procedure or transaction which has for its purpose the alteration,
modification, or elimination of any of the rights, preferences, or
privileges of any class of securities issued by a company, as provided in
its charter or other instrument creating or defining such rights,
preferences, and privileges; (g) an exchange of securities issued by
another company or companies, preliminary to and for the purpose of
effecting or consummating any of the foregoing; or (h) any exchange
of securities by a company which is not an investment company for

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977
securities issued by a registered investment company. [Sec. 3, RA
2629].
Reorganization in good faith. A reorganization designed to trim the
fat off the bureaucracy and institute economy and greater efficiency in
its operation. It is not a mere tool of the spoils system to change the
face of the bureaucracy and destroy the livelihood of hordes of career
employees in the civil service so that the new-powers-that-be may put
their own people in control of the machinery of government. [Blaquera
v. CSC, GR 103121. Sep. 10, 1993].
Repacker of wines or distilled spirits. All persons who remove wine
or distilled spirits from the original container for repacking and selling
the same at wholesale. [Sec. 1, PD 426].
Repainting. Changing the color of a motor vehicle by means of painting.
There is repainting whenever the new color of a motor vehicle is
different from its color as registered in the Land Transportation
(Office). [Sec. 2, RA 6539].
Repair. The term presupposes decay, dilapidation, injury, or partial
destruction of the repaired element; that is, bringing back broken or
damaged parts of a structural whole to their original condition [Chao v.
Aguilar, 103 Phil., 219; 54 Off. Gaz. (30) 7225].
Repair and service firm. Any business establishment, engaged directly
or indirectly, in the repair, service or maintenance of any consumer
product. [Art. 4, RA 7394].
Reparation. Payment or otherwise making amends for an injury or
damages that have been committed on or to another. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 674].
Repatriation. Regaining nationality after expatriation. The return to
ones own country of investments held by foreigners. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 675].
Repatriation guarantee. Intl. Law. The assurance of a host state
government that foreign investors will be able to take out of the state
both the investment capital they brought in and the profits they earned.

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978
Repealing clause. That part of the statute which announces the
legislative intent to terminate or revoke another statute or statutes.
[Suarez, Stat. Con., (1993), p. 50].
Repeat order. A form of negotiated purchase whereby a local
government unit buys from the same supplier, the same items at the
same terms and conditions as the original purchase within three (3)
months therefrom. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Replacement check. A check drawn as payment of an obligation which
was not satisfied or covered by the first check earlier issued and which
was dishonored by the drawee bank. [Morenos Law Dict., 2000 Ed., p.
401].
Replacement or reproduction cost. The cost that would be incurred
on the basis of current prices, in acquiring an equally desirable
substitute property, or the cost of reproducing a new replica property
on the basis of current prices with the same or closely similar material.
[Sec. 3, PD 464]. See Appraisal value.
Replevin. Also Delivery of personal property. 1. An action for the
recovery of a possession that has been wrongfully taken. [Jurists Legal
Dict., 2004]. 2. A provisional remedy in the form of an order issued by
a judge before whom an action praying for the recovery of possession
of personal property is pending, for the delivery of such property to the
movant upon the filing by the latter of a bond to guarantee its return or
to answer for damages. 3. Broadly understood, it is both a form of
principal remedy and of a provisional relief. It may refer either to the
action itself, i.e., to regain the possession of personal chattels being
wrongfully detained from the plaintiff by another, or to the provisional
remedy that would allow the plaintiff to retain the thing during the
pendency of the action and hold it pendente lite. [Tillson v. CA, 197
SCRA 587, 598; Bouvier's Dict. 3rd (Rawle's) Rev., Vol. 2; Black's Law
Dict., 6th Ed., p. 1299].
Replevy. To re-deliver goods which have been distrained to the original
possessor of them, on his giving pledges in an action of replevin.
[Tillson v. CA, GR 89870. May 28, 1991, citing Bouvier's Dict. 3rd
(Rawle's) Rev., Vol. 2].

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979
Replication. The process of manufacturing optical media by reproducing
or generating copies of the stamper in an injection molding machine or
other forms of replicating equipment. [Sec. 3, RA 9239].
Reply. Rem. Law. 1. A pleading, the office or function of which is to
deny, or allege facts in denial or avoidance of new matters alleged by
way of defense in the answer and thereby join or make issue as to such
new matters. If a party does not file such reply, all the new matters
alleged in the answer are deemed controverted. [Sec. 11, Rule 6, RoC].
2. The response by a party to charges raised in a pleading by the other
party. [Glossary of Legal Terms (Pro-Se), 2004].
Representation officer. 1. A person duly authorized to conduct and
supervise certification elections. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2.
A person duly authorized to conduct and supervise certification
elections in accordance with Rule VI of the Implementing Rules of the
Labor Code. [Algire v. De Mesa, GR 97622. Oct. 19, 1994].
Representation right. Succ. 1. A right created by fiction of law, by
virtue of which the representative is raised to the place and the degree
of the person represented, and acquires the rights which the latter
would have if he were living or if he could have inherited. [Art. 970,
CC]. 2. The right of representation takes place in the direct descending
line, but never in the ascending. In the collateral line, it takes place
only in favor of the children of brothers or sisters, whether they be of
the full or half blood. [Art. 972, CC].
Representations. Ins. Statements made to give information to the
insurer and other wise induce him to enter into the insurance contract.
[Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil.,
1999 Ed., p. 46, citing Vance, p. 386].
Representative. A person who represents or stands in the place of
another; one who represents others or another in a special capacity, as
an agent, and is interchangeable with agent." [Fortune Ins. v. CA, GR
115278. May 23, 1995, Black's Law Dict., 5th Ed., 1170].
Representative party. Someone acting in a fiduciary capacity. He may
be a trustee, guardian, executor or administrator, or a party authorized
by law or the Rules of Court. An agent acting in his own name and for
the benefit of an undisclosed principal who may sue or be sued without

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joining the principal except when the contract involves things belonging
to the principal. [Sec. 3, Rule 3, RoC].
Representative suit. The term is akin to a class suit in the limited
sense that the phrases found in Sec. 12 of Rule 3 (of the Rules of
Court), "one or more may sue or defend for the benefit of all," and "the
parties actually before it are sufficiently numerous and representative,"
are similar to the phrase "may sue or be sued without joining the party
for whose benefit the action is presented or defended" found in Sec. 3
of the same Rule. In other words, both suits are always filed in behalf
of another or others. That is why the two terms are sometimes used
interchangeably. [Liana's Supermarket v. NLRC, GR 111014. May 31,
1996].
Reprieve. The temporary suspension of the execution of a sentence,
especially of a sentence of death. [Llamas v. Orbos, GR 99031. Oct. 15,
1991].
Reprimand. A public and formal censure or severe reproof,
administered to a person in fault by his superior officer or a body to
which he belongs. [Tobias v. Veloso, GR L-40224. Sep. 23, 1980, citing
Black's Law Dict.].
Reprisal. Intl. Law. 1. Unlawful acts taken by one state in retaliation for
the also unlawful acts of another state, the purpose being to bring the
offending state to terms. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126].
2. The act of punishing another for some injury the latter caused. An
act of self-help by the injured state, responding - after an unsatisfied
demand - to an act contrary to international law committed by the
offending state. Its object is to effect reparation from the offending
state for the offense or a return to legality by the avoidance of further
offenses. The UN General Assembly in its 1970 Declaration on Principles
of International Law declared that "States have a duty to refrain from
acts of reprisal involving the use of force." Resolution 2625 (XXV). [Intl.
Reprobate. A special proceeding to establish the validity of a will proved
in a foreign country. [Bench Book for Trial Court Judges, p. 3-1].
Reproduction cost. See Replacement cost.

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Republic Acts. Statutes approved by the Philippine Congress from 1942
to 1972 (and from 1987 to present). [Suarez, Stat. Con., (1993), p.
42].
Republicae ut sin finis litium. Lat. It is to the interest of the state
that there should be an end to litigation. [Allied Banking Corp. v. CA,
GR 108089. Jan. 10, 1994].
Republican form of government. Pol. Law. A form of government in
which all powers are vested in the executive, legislative and judiciary.
[City of Manila v. Posadas, GR 23551. Nov. 25, 1925].
Republican government. Pol. Law. A government which is run by the
people through their chosen representatives who, in turn, are
accountable to the sovereign will of the people. They derive their
mandate from the people who elect them for a period or term that is
fixed by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 56-57].
Republication of wills. Succ. An act of the testator whereby he
reproduces in a subsequent will the dispositions contained in a previous
will which is void as to its form or executes a codicil to his will. [Jurado,
Comments & Jurisp. on Succession, 1991 8th Ed., p. 131]. See Revival
of wills.
Repudiation. Succ. 1. An act by virtue of which an heir, legatee or
devisee manifests his desire in accordance with the formalities
prescribed by law not to succeed to the inheritance, legacy, or devise.
2. A renunciation of the inheritance made in a public or authentic
instrument, or by petition presented to the court having jurisdiction
over the testamentary or intestate proceedings. [Art. 1051, CC].
Compare with Acceptance.
Repurchase. The term is synonymous with the term redeem in
pacto-de-retro sales. [Claridades, A., Compilation of Notes, 2001-2006].
Reputation. 1. The consideration or estimation in which a person is held
especially by the community or the public generally. [PCIB v. IAC, GR
73610. Apr. 19, 1991, citing Hopkins v. Tate, 255 Pa. 56, 90 A-210]. 2.
It is what people think an individual is and what they say about him.
[PCIB v. IAC, GR 73610. Apr. 19, 1991, citing Black's Law Dict., De
Luxe 4th Ed., p. 1468].

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Request for admission. Also, Request to Admit. 1. A written request
which a party, at any time after issues have been joined, may serve
upon any other party for the admission by the latter of the genuineness
of any relevant documents described in and exhibited with the request
or of the truth of any relevant matters of fact set forth in the request.
Copies of the documents shall be delivered with the request unless
copies have already been furnished. [Sec. 1, Rule 26, RoC]. 2. Written
statements of facts concerning a case which are submitted to an
adverse party and which that party must admit or deny; a discovery
device. [Glossary of Legal Terms (Pro-Se), 2004].
Request for subpoena or production of documents. 1. A formal
request made by a party who desires the production of documents for
the issuance of the necessary subpoena duces tecum at least three (3)
days before the scheduled hearing. [Sec. 7, AO 23 dated Dec. 17,
1992]. 2. A direction or command served upon another party for
production of specified documents for review with respect to a suit; a
discovery device. [Glossary of Legal Terms (Pro-Se), 2004].
Request to admit. See Request for Admission.
Requisition and issue voucher (RIV). A voucher used in the
requisition of supplies or property carried in stock. [IRR on Supply &
Res. Lat. A thing. The vessel or cargo to which a maritime lien attaches.
Res adjudicata. A common but indefensible misspelling of res judicata.
The latter term designates a point or question or subject matter which
was in controversy or dispute and has been authoritatively and finally
settled by the decision of a court; that issuable fact once legally
determined is conclusive as between the parties in same action or
proceeding. Res adjudicata (if there be such a term) could only mean
an article or subject of property 'awarded to' a given person by the
judgment of a court, which might perhaps be the case in replevin and
similar actions. [Black's Law Dict., 4th Ed., p. 1469].
Res adjudicata. Essential requisites: (a) There must be a final
judgment or order; (b) said judgment or order must be on the merits;
(c) the court rendering the same must have jurisdiction over the

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subject matter and the parties; and (d) there must be between the two
cases identity of parties, identity of subject matter and identity of cause
of action. [Mla. Golf & Country Club, Inc., GR 64948. Sep. 27, 1994].
Rescind. 1. To declare a contract void in its inception and to put an end
to it as though it never were. [Ocampo v. CA, GR 97442. June 30,
1994, citing Black's Law Dict., 4th Ed., p. 1471]. 2. To abrogate or
cancel a contract putting the parties in the same position they would
have been in had there been no contract. [Duhaime's Legal Dict.,
2004].
Rescissible contract. A contract validly agreed upon because all the
essential requisites are present, but by reason of injury or damage to
one of the parties or even to a third person, the contract may be
rescinded. [Diaz, Bus. Law Rev., 1991 Ed., p. 83].
Rescissible contracts. Contracts which, under Art. 1381 of the Civil
Code, are rescissible, viz: (a) Those which are entered into by
guardians whenever the wards whom they represent suffer lesion by
more than one fourth of the value of the things which are the object
thereof; (b) those agreed upon in representation of absentees, if the
latter suffer the lesion stated in the preceding number; (c) those
undertaken in fraud of creditors when the latter cannot in any other
manner collect the claims due them; (d) those which refer to things
under litigation if they have been entered into by the defendant without
the knowledge and approval of the litigants or of competent judicial
authority; (e) all other contracts specially declared by law to be subject
to rescission. [Art. 1381, CC].
Rescission. 1. A subsidiary action which cannot be instituted except
when the party suffering damage has no other legal means to obtain
reparation for the same and shall be only to the extent necessary to
cover the damages caused. It creates the obligation to return the
things which were the object of the contract, together with their fruits,
and the price with its interest; consequently, it can be carried out only
when he who demands rescission can return whatever he may be
obliged to restore. [Art. 1383, 1384 & 1385, CC]. 2. A relief which the
law grants on the premise that the contract is valid for the protection of
one of the contracting parties and third persons from all injury and
damage that contract may cause, or to protect some incompatible and
preferential right created by the contract. [Aquino v. Taedo, 39 Phil.

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984
517]. 3. The unmaking or undoing of a contract; repeal. [Jurists Legal
Dict., 2004].
Rescission. Requisites: (a) There must be a case established by law,
meaning the contract is rescissible by law; (b) there is no other legal
remedy; (c) the party asking for rescission must be in a position to
return what he has received under the contract; and (d) the object of
the contract must not be in the possession of a third person who acted
in good faith. [Diaz, Bus. Law Rev., 1991 Ed., p. 84].
Rescission in fraud of creditors. In order that a contract may be
rescinded as in fraud of creditors, it is essential that it be shown that:
(a) both contracting parties have acted maliciously and with fraud; (b)
the purpose therefor is to prejudice said creditors; (c) the creditors are
deprived by the transaction of all means by which they may effect
collection of their claims. [Bobis v. Provl. Sheriff of Camarines Norte, GR
L-29838. Mar. 18, 1983].
Rescissory action. See Accin pauliana.
Research. A careful hunting for facts or truth about a subject; inquiry;
investigation. [Glossary of Legal Terms (Pro-Se), 2004].
Reservation. 1. A withdrawal of a specified portion of the public domain
from disposal under the land laws and the appropriation thereof, for the
time being, to some particular use or purpose of the general
government. [Morenos Law Dict., 2000 Ed., p. 410]. 2. Segregation
from the mass of the public domain for a specific public purpose.
Reservatorios. The fourth person or persons involved in reserva troncal
who are relatives of the descendant-propositus for whose benefit the
reservation is established. Such relatives must be legitimate relatives of
the descendant-propositus within the third degree; they must belong to
the line from which the reservable property came; and, they must
survive the ascendant-reservista. [Jurado, Comments & Jurisp. on
Succession, 1991 8th Ed., p. 262].
Reserva troncal. The obligation to reserve the property by the
ascendant who inherits from his descendant any property which the
latter may have acquired by gratuitous title from another ascendant, or
a brother or sister, as he may have acquired by operation of law for the

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benefit of relatives who are within the third degree and who belong to
the line from which said property came. [Art. 891, CC].
Reserva troncal. Persons involved: (a) The ascendant or brother or
sister from whom the property was received by the descendant by
lucrative or gratuitous title; (b) the descendant or prepositus
(propositus) who received the property; and (c) the reservor
(reservista), the other ascendant who obtained the property from the
prepositus by operation of law and (d) the reservee (reservatarin) who
is within the third degree from the propositus and who belongs to the
line (linea o tronco) from which the property came and for whom the
property should be reserved by the reservor. [Solivio v. Ca, GR 83484.
Feb. 12, 1990, citing Padilla, Civil Law, Vol. II, 1956 Ed., p. 692].
Reserva troncal. Requisites: (a) A descendant inherited or acquired by
gratuitous title property from an ascendant or from a brother or sister;
(b) the same property is inherited by another ascendant or is acquired
by him by operation of law from the said descendant, and (c) the said
ascendant should reserve the said property for the benefit of relatives
who are within the third degree from the deceased descendant
(propositus) who belong to the tine from which the property came.
Reserved land. A public land that has been withheld or kept back from
sale or disposition. [National Devt. Co. v. Cebu City, GR 51593. Nov. 5,
1992 citing Black's Law Dict., 4th Ed., p. 1473].
Reserve Officers' Training Corps (ROTC). A program institutionalized
under Sec. 38 and 39 of RA 7077 designed to provide military training
to tertiary level students in order to motivate, train, organize and
mobilize them for national defense preparedness. [Sec. 3, RA 9163].
Reservista. The third person involved in reserva troncal who is obliged
to reserve the property for the benefit of relatives of the descendant
propositus who are within the third degree and who belong to the line
from which said property came. [Jurado, Comments & Jurisp. on
Succession,
1991
8th
Ed.,
p.
260].
Also
known
as
Ascendant-reservista.
Resettlement areas. Areas identified by the appropriate national
agency or by the local government unit with respect to areas within its

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jurisdiction, which shall be used for the relocation
underprivileged and homeless citizens. [Sec. 3, RA 7279].
of
the
Res gestae. Lat. Things done. Those exclamations and statements

made by either the participants, victims, or spectators to a crime
immediately before, during, or immediately after the commission of the
crime, when the circumstances are such that the statements were
made as a spontaneous reaction or utterance inspired by the
excitement of the occasion and there was no opportunity for the
declarant to deliberate and to fabricate a false statement. [People v.
Sanchez, GR 74740. Aug. 28, 1992].
Res gestae. Elements: (a) There must be a startling occurrence
(enough to produce nervous excitement and to keep the will dormant
so far as any deliberation in concocting matters for speech or selecting
words is concerned); (b) the statement must relate to the
circumstances of the startling occurrence; and (c) the statement must
be made before the declarant had time to contrive or devise. [Sec. 42,
Rule 130, RoC].
Residence. 1. The place where he (defendant) is habitually present, and
from which when he departs, he intends to return. Equivalent to the
term permanent abode and to the word home in the sense of a house
to which one, whenever absent, intends to return. [Arevalo v. Quilatan,
GR L-57892. Sep. 21, 1982, citing Vol. I, pp. 791-800, Francisco on the
Rules of Court, 2nd Ed.]. 2. A place of abode, whether permanent or
temporary; domicile denotes a fixed permanent residence to which
when absent, one has the intention of returning. [Larena v. Ferrer, 61
Phil. 36 and Nuval v. Guray 52 Phil. 645]. See Domicile.
Residence of a corporation. The place where a corporation exercises
corporate functions; that it is considered as dwelling in the place where
its business is done; as being located where its franchises are
exercised; and as being present where it is engaged in the prosecution
of the corporate enterprise; that a foreign corporation licensed to do
business in a state is a resident of any country where it maintains an
office or agent for transaction of its usual and customary business for
venue purposes; and that the necessary element in its signification is
locality of existence. [Northwest Orient Airlines, Inc. v. CA, GR 112573.
Feb. 9, 1995, citing Words and Phrases, Permanent Ed., Vol. 37, pp.
394, 412, 403].

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Resident. One living in or occupying residential land or one intended to
be his home or residence. Under the Urban Land Reform Act (PD
1517), one who utilizes a place as his home. [Morenos Law Dict., 2000
Ed., p. 410].
Resident agent. An insurance agent duly appointed by a foreign insurer
or broker not authorized to do business in the Philippines to receive in
its behalf notices, summons and legal processes in connection with
actions or other legal proceedings against such foreign insurer or
broker. [Sec. 314, IC].
Resident alien. An individual whose resident is within the Philippines
and who is not a citizen thereof. [Sec. 22, NIRC, as amended].
Resident foreign. A foreign corporation not otherwise organized under
the laws of the Philippines but engaged in trade or business within the
Resident foreign corporation. A foreign corporation engaged in trade
or business within the Philippines. [Sec. 22, NIRC, as amended].
Residential land. Land principally devoted to habitation. [Sec. 3, PD
464].
Residential unit. An apartment, house and/or land on which another's
dwelling is located used for residential purposes and shall include not
only buildings, parts or units thereof used solely as dwelling places,
except motels, motel rooms, hotels, hotel rooms, boarding houses,
dormitories, rooms and bedspaces offered for rent by their owners, but
also those used for home industries, retail stores or other business
purposes if the owner thereof and his family actually live therein and
use it principally for dwelling purposes. [Sec. 2, BP 877].
Residents. Natural persons who have their habitual residence in the
province, city, or municipality where they exercise their civil rights and
fulfill their civil obligations, and to juridical persons for which the law or
any other provisions creating or recognizing them fixes their residence
in a particular province, city, or municipality. In the absence of such
law, juridical persons are residents of the province, city, or municipality
where they have their legal residence or principal place of business or
where they conduct their principal business or occupation. [Sec. 131,
RA 7160].

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Residual power of the President. Pol. Law. The power of the
President to protect the general welfare of the people. It is founded on
the duty of the President, as steward of the people. It is not only the
power of the President but also his duty to do anything not forbidden
by the Constitution or the laws that the needs of the nation demand. It
is a power borne by the President's duty to preserve and defend the
Constitution. It also may be viewed as a power implicit in the
President's duty to take care that the laws are faithfully executed.
[Marcos v. Manglapus, GR 88211. Sep. 15, 1989].
Residuary estate. That which remains after debts and expenses of the
administration, legacies and devisees have been satisfied. [Morenos
Law Dict., 2000 Ed., p. 411].
Residue. The surplus of a testators estate remaining after all debts and
particular legacies have been discharged. [Morenos Law Dict., 2000
Ed., p. 411].
Resignation. Labor. 1. A formal pronouncement or relinquishment of an
office. It must be made with the intention of relinquishing the office
accompanied by an act of relinquishment. [Magtoto v. NLRC, 140 SCRA
58, 71 (1985)]. 2. The voluntary act of an employee who finds himself
in a situation where he believes that personnel reasons cannot be
sacrificed in favor of the exigency of the service, then he has no other
choice but to disassociate himself from his employment. [Intertrod
Maritime v. NLRC 198 SCRA 318, (1991) citing Dosch v. NLRC 123
SCRA 296 (1983)]. 3. An expression by the incumbent in some form,
express or implied of the intention to surrender, renounce, or
relinquish, the office, and an acceptance by competent and lawful
authority. [Gonzales v. Hernandez, GR L-15482. May 30, 1961, citing
Nome v. Rice, 3 Alaska 602].
Res inter alios acta aliis non nocet. Lat. The act and declaration of
one cannot and should not harm others. [Morenos Law Dict., 2000 Ed.,
p. 405].
Res inter alios acta alteri nocere non debet. Lat. Things done
between strangers ought not to injure those who are not parties to
them. [People v. Tena, GR 100909. Oct. 21, 1992, citing Black's Law
Dict., 5th Ed., 1979, p. 1178].

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Res inter alios acta nobis nec nocet, nec prodest. Lat. A
transaction between two parties ought not to operate to the prejudice
of a third person. [Tinitigan v. Tinitigan, GR L-45418. Oct. 30, 1980].
Res inter alios acta nocere non debet. Lat. Things done between
strangers ought not to injure those who are not parties to them.
[Napocor v. NLRC, GR 90933-61. May 29, 1997, citing Black's Law Dict.
1178, 5th Ed., 1979].
Res inter alios judicatae nullum aliis praejudicium faciunt. Lat.
Matters adjudged in a cause do not prejudice those who were not
parties to it. [Tan v. Barrios GR 85481-82. Oct. 18, 1990, citing 54 CJ
719].
Res ipsa loquitur. Lat. The thing speaks for itself. Doctrine of Torts and
Damages. 1. Where the thing which caused the injury complained of is
shown to be under the management defendant or his servants and the
accident is such as in the ordinary course of things does not happen if
those who have its management or control use proper care, it affords
reasonable evidence, in absence of explanation by defendant, that the
accident arose from want of care. [Africa v. Caltex, GR L-12986. Mar.
31, 1966, citing 45 C. J. 768, p. 1193]. 2. Rebuttable presumption or
inference that defendant was negligent, which arises upon proof that
[the] instrumentality causing injury was in defendant's exclusive
control, and that the accident was one which ordinary does not happen
in absence of negligence. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
678].
Res ipsa loquitur. Requisites: A rule of evidence whereby negligence of
the alleged wrongdoing may be inferred from the mere fact that the
accident happened, provided that: (a) the occurrence is the kind of
thing that does not ordinarily happen without negligence; (b) the
occurrence must have been caused by an agency or instrumentality
within the exclusive control of the defendant; (c) the occurrence was
not due to contribution or voluntary action by the plaintiff; it is used to
state the fact that the situation itself implies negligence or a duty to
compensate whether negligence is in fact proved or not; it is a
rebuttable presumption that defendant was negligent, which arises
upon proof that the instrumentality causing injury was in defendant's
exclusive control, and that the accident was one which ordinarily does
not happen in absence of negligence. [Rodriguez v. CA, GR 121964.
June 17, 1997].

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Resistance and disobedience to a person in authority or the
agents of such person. Crim. Law. The felony committed by any
person who not being included in the provisions of Art. 148, 149 and
150 of the Rev. Penal Code shall resist or seriously disobey any person
in authority, or the agents of such person, while engaged in the
performance of official duties. [Art. 151, RPC].
Res judicata. Lat. A matter adjudged (or settled by judgment). 1. The
rule that a final judgment or decree on the merits by a court of
competent jurisdiction is conclusive of the rights of the parties or their
privies in all later suits on points and matters determined in the former
suit. [Gutierrez v. CA, GR 82475. Jan. 28, 1991, citing Black's Law Dict.,
p. 1470 (Rev. 4th Ed., 1968)]. 2. A rule of civil law that once a matter
has been litigated and final judgment has been rendered by the trial
court, the matter cannot be relitigated by the parties in the same court,
or any other trial court. A court will use res judicata to deny
reconsideration of a matter. [Jurists Legal Dict., 2004]. 3. It is
governed by Rule 39, Sec. 47(b) of the Rules of Court. [Kilosbayan v.
Morato, GR 118910. July 17, 1995]. Also Preclusion of claims.
Res judicata. Elements: (a) The former judgment must be final; (b) the
court which rendered it had jurisdiction over the subject matter and the
parties; (c) it must be a judgment on the merits; and, (d) there must
be between the first and the second actions identity of parties, subject
matter and causes of action. [Mangoma v. CA, GR 99375. Feb. 1,
1995].
Res nullius. Lat. Things which have no owners or which have been
intentionally abandoned by their owners. [Claridades, A., Compilation of
Notes, 2001-2006].
Resolution. Admin. Law. 1. An act of a special or temporary character,
not prescribing a permanent rule of government, but is merely
declaratory of the will or opinion of a municipal corporation in a given
matter, and in the nature of a ministerial or administrative act, and is
not a law. [Mascuana v. Prov. Board of Negros Occ., GR L-27013. Oct.
18, 1977, citing 62 CJS 786-7]. 2. The formal adoption of a motion.
Resolution. Legal Med. A sense of well-being and general muscular
relaxation which follows orgasm. During resolution, men are unable to

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have another erection for some time. The time between erections
(refractory period) generally increases as men age while, in contrast,
many women are able to respond to additional stimulation almost
immediately after orgasm. [Olarte, Legal Med., 1st Ed. (2004), p. 112].
Resolution. Local Govt. 1. A declaration of the sentiment or opinion of a
lawmaking body on a specific matter. [Mascuana v. Provl. Board of
Negros Occ., 79 SCRA 399, 405, Oct. 18, 1977]. 2. It is temporary in
nature. A third reading is not necessary for a resolution, unless decided
otherwise by a majority of all the Sanggunian members. [Mun. of
Paraaque v. VM Realty Corp., GR 127820. July 20, 1998]. Compare
with Ordinance.
Resoluto jure dantis resolvitur jus accipientis. Lat. The right of the
grantor being extinguished, the right granted is extinguished. [Saul v.
Hawkins, GR 66. May 1, 1902].
Resolutory condition or condition subsequent. One the happening
of which will extinguish the obligation. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 10]. Compare with Suspensive condition.
Resolutory period (in diem). The obligation takes effect at once but
terminates upon the arrival of the period. [Diaz, Bus. Law Rev., 1991
Ed., p. 16].
Resource accounting. A process of tracking changes in the
environment and natural resources biophysically and economically (in
monetary terms). [Sec. 4, RA 8435].
Resource-based. The utilization of natural resources. [Sec. 4, RA
8435].
Resource rent. The difference between the value of the products
produced from harvesting a publicly owned resource less the cost of
producing it, where cost includes the normal return to capital and
normal return to labor. [Sec. 4, RA 8550].
Resources. The actual assets of any agency of the Government such as
cash, instruments representing or convertible to money, receivables,
lands, buildings, as well as contingent assets, such as estimated
revenues applying to the current fiscal period not accrued or collected,

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and bonds authorized and unissued. [Sec. 2, Chap. 1 Subtitle B, EO
292].
Resources reserve. An extensive and relatively isolated and
uninhabited are normally with difficult access designated as such to
protect natural resources of the area for future use and prevent or
contain development activities that could affect the resource pending
the establishment of objectives which are based upon appropriate
knowledge and planning. [Sec. 4, RA 7586].
Res perit domino suo. Lat. The owner bears the risk of loss.
Respondeat superior. Lat. Let the master answer. 1. The doctrine of
respondeat superior has been generally limited in its application to
principal and agent or to master and servant (i.e., employer and
employee) relationship. No such relationship exists between superior
officers of the military and their subordinates. [Aberca v. Ver, GR
L-69866. Apr. 15, 1988]. 2. A legal principle which transfers liability to
the employer for the negligent acts of his employee. [Torres, Oblig. &
Cont., 2000 Ed., p. 354]. 3. The doctrine which holds that employers
are responsible for the acts and omissions of their employees and
agents, when done within the scope of the employees' duties. [Jurists
Legal Dict., 2004].
Respondent. 1. The person against whom an appeal is taken. [Glossary
of Legal Terms (Pro-Se), 2004]. 2. The party that responds to a claim
filed in court against them by a plaintiff. The more common term is
defendant. The word is also used to refer to the party who wins at the
first court level but who must then respond to an appeal launched by
the party that lost the case at the first court level (upon appeal, this
latter person is called the appellant). See Petitioner.
Respondentia loan. A loan made on the goods laden on board the
ship, and which are to be sold or exchanged in the course of voyage,
the borrowers personal responsibility being deemed the principal
security for the performance of the contract. [Tiopianco, Commentaries
& Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 104, citing
Bouviers Law Dict.].
Responsible cause. The approximate cause. [Ang v. Riz-Man Transit,
Inc., 62 OG 420].

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Responsible officer. An officer spoken of under the 1973 Constitution
to whom the authority to issue arrest and search warrants may be
delegated by legislation, who must possess not only skill and
competence but more significantly, neutrality and independence
comparable to the impartiality presumed of a judicial officer. [Presl.
Anti-Dollar Salting Task Force v. CA, GR 83578. Mar. 16, 1989].
Rest. A party is said to rest or rest its case when it has presented all the
evidence it intends to offer. [Glossary of Legal Terms (Pro-Se), 2004].
Restatement. A publication which tells what the law is in a particular
field, as compiled from statutes and decisions. [Glossary of Legal Terms
(Pro-Se), 2004].
Restaurant. Any place which provides food to the public and accept
orders from them at a price. This term includes caterers. [Sec. 1, PD
426].
Restitutio in integrum. 1. Lat. Restoration in full. The principle
requiring that the successful plaintiff be fully compensated by the final
judgment of the court for all the losses and damages which the breach
of contract or the commission of the tort or delict caused him. It
requires that the victim of the breach of contract or the tort/delict be
placed in the same position he was in before the harmful event
occurred. [Tetley, Glossary of Conflict of Laws, 2004]. 2. Lat.
Restitution to the original position. In contract law, upon breach of
contract, the injured party may ask the court to reverse the contract
and revert the parties to their respective positions before the contract
was accepted. But if the court finds that restitutio in integrum is not
possible because of actions or events occurring since the date of
acceptance, then the court may order that damages be paid instead.
Restitution. Act of restoring anything to its rightful owner; the act of
restoring someone to an economic position he enjoyed before he
suffered a loss. [Glossary of Legal Terms (Pro-Se), 2004].
Restrict. To confine, limit or stop. [Phil. Assoc. of Service Exporters, Inc.
v. Torres, GR 101279. Aug. 6, 1992].

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Restrictions. Conditions set forth in the usage of property. [Memo. from
the Exec. Sec. dated Aug. 20, 1998].
Restrictive indorsement. Nego. Inst. 1. An indorsement which either
(a) prohibits the further negotiation of the instrument; or (b)
constitutes the indorsee the agent of the indorser; or (c) vests the title
in the indorsee in trust for or to the use of some other persons. [Sec.
36, NIL]. 2. An indorsement which restricts the rights of subsequent
holders. [Intl. Law Dict. & Direct., 2004].
Restrictive sovereign immunity. Intl. Law. Rule that a foreign state is
not immune when the cause of action for a suit is based on conduct
unrelated to the state's governmental activities. [Intl. Law Dict. &
Direct., 2004].
Restructuring of electric power industry. The process of
reorganizing the electric power industry in order to introduce higher
efficiency, greater innovation and end-user choice. It shall be
understood as covering a range of alternatives enhancing exposure of
the industry to competitive market forces. [Sec. 4, RA 9136].
Resulting trust. 1. A trust which is raised or created by the act or
construction of law, but in its more restricted sense it is a trust raised
by implication of law and presumed always to have been contemplated
of the parties, the intention as to which is to he found in the nature of
their transaction, but not expressed in the deed or instrument of
conveyance. [Ramos v. Ramos, GR L-19872. Dec. 3, 1974, citing 89 CJS
725]. Examples of resulting trusts are found in Art. 1448 to 1455 of the
Civil Code. 2. A trust that is presumed by the court from certain
situations and from which the court presumes an intention to create a
trust; the law assumes that the property is not held by the right person
and that the possessor is only holding the property in trust for the
rightful owner. [Duhaime's Legal Dict., 2004]. Also Implied trust.
Result of the election. The net result of the election in the rest of the
precincts in a given constituency, such that if the margin of a leading
candidate over that of his closest rival in the latter precincts is less than
the total number of votes in the precinct where there was failure of
election, then such failure would certainly affect the result of the
election; hence, a special election must be held. [Lucero v. Comelec,
GR 113107. July 20, 1994].

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Resume. The act of an international conference in reducing to writing
the conclusions of its deliberations on a particular subject. [Claridades,
Retail. A sale where the purchaser buys the commodity for his own
consumption, irrespective of the quantity of the commodity sold. [Sec.
131, RA 7160].
Retail. Elements which should concur for a sale to be considered as
retail: (a) The seller should be habitually engaged in selling; (b) the
sale must be direct to the general public; and (c) the object of the sale
is limited to merchandise, commodities or goods for consumption.
[Marsman & Co., Inc. v. First Coconut Central Co., Inc., GR L-39841.
June 20, 1988].
Retail business. Any act, occupation or calling of habitually selling
direct to the general public merchandise, commodities or goods for
consumption, but shall not include: (a)
a manufacturer, processor,
laborer or worker selling to the general public the products
manufactured, processed, or produced by him if his capital does not
exceed five thousand pesos; (b) a farmer or agriculturist selling the
product of his farm; (c) a manufacturer or processor selling to the
industrial and commercial users or consumers who use the products
bought by them to render service to the general public and/or to
produce or manufacture goods which are in turn sold to them; (d) a
hotel-owner or keeper operating a restaurant irrespective of the
amount of capital, provided that the restaurant is necessarily included
in, or incidental to, the hotel business. [Sec. 1, PD 714].
Retail enterprise. One open to the general consuming public for the
sale of goods that are commonly bought by end-users for personal or
household use. [Sec. 1, PD 1634].
Retailer. A person engaged in the business of selling consumer products
directly to consumers. [Art. 4, RA 7394].
Retail establishment. One principally engaged in the sale of goods to
end-users for personal or household use. [Sec. 1, Rule 7, Book 3, IRR
of LC].
Retail trade. Any act, occupation or calling of habitually selling direct to
the general public merchandise, commodities or good for consumption,

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but the restriction of RA 8762 shall not apply to the following: (a) Sales
by manufacturer, processor, laborer, or worker, to the general public
the products manufactured, processed or products by him if his capital
dose not exceed P100,000.00; (b) Sales by a farmer or agriculturist
selling the products of his farm; (c) Sales in restaurant operations by a
hotel owner or inn-keeper irrespective of the amount capital: provided,
that the restaurant is incidental to the hotel business; and (d) Sales
which are limited only to products manufactured, processed or
assembled by a manufactured, processed or assembled by a
manufacturer though a single outlet, irrespective of capitalization. [Sec.
3, RA 8762].
Retained earnings. Also Earned surplus. Accumulated net income
less distributions to stockholders and transfers to paid-in capital
accounts. The accumulated amount of profits and earnings of the
business which has not been capitalized, offset by losses, or given out
to stockholders as property dividends. [Morenos Law Dict., 2000 Ed.,
p. 412].
Retainer. 1. Act of the client in employing the attorney or counsel, and
also denotes the fee which the client pays when he retains the attorney
to act for him. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A contract
between a lawyer and his (or her) client, wherein the lawyer agrees to
represent and provide legal advice to the client, in exchange for money.
The signed retainer begins the client-lawyer relationship from which
flow many responsibilities and duties, primarily on the lawyer, including
to provide accurate legal advice, to monitor limitation dates and to not
allow any conflict of interest with the relationship with the client.
Retaining fee. A preliminary fee paid to ensure and secure a lawyer's
future services, to remunerate him for being deprived, by being
retained by one party, of the opportunity of rendering services to the
other party and of receiving pay from him. In the absence of an
agreement to the contrary, the retaining fee is neither made nor
received in consideration of the services contemplated; it is apart from
what the client has agreed to pay for the services which he has
retained him to perform. [Research and Services Realty, Inc. v. CA, GR
124074. Jan. 27, 1997, citing Agpalo, Legal Ethics, 140 (1992)].
Retired shares. Corp. Law. Shares which have been withdrawn and
have disappeared altogether. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].

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Retiree. A member of the National Health Insurance Program who has
reached the age of retirement or who was retired on account of
disability. [Sec. 1, RA 9241].
Retirement. Labor. The result of a bilateral act of the parties, a
voluntary agreement between the employer and the employees
whereby the latter after reaching a certain age agrees and/or consents
to severe his employment with the former. [Soberano v. Sec. of Labor,
GR L-43753-56 & L-50991. Aug. 29, 1980].
Retorsion. Intl. Law. Retaliation where the acts complained of do not
constitute a legal ground of offense but are rather in the nature of
unfriendly acts done primarily in pursuance of legitimate state interests
but indirectly hurtful to other states. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 125].
Retract. To take back; To retract an offer is to withdraw it before
acceptance. [Alonte v. Savellano, GR 131652. Mar. 9, 1998, citing
Black's Law Dict. 6th Ed. [1990]).
Retraction. In law of defamation, a formal recanting of the defamatory
material; in probate practice, a withdrawal of a renunciation. [Alonte v.
Savellano, GR 131652. Mar. 9, 1998, citing Black's Law Dict. 6th Ed.
(1990)].
Retracto legal de comuneros. Sp. Right of legal redemption. [De
Conejero v. CA, GR L-21812. Apr. 29, 1966]. Also Retracto
comuneros.
Retreat. Withdrawal. In combat, there is a wide difference between a
withdrawal and a retreat. The former is an abandonment of the
struggle by one of the parties, while the latter may be and often is a
continuance of hostilities. [Morenos Law Dict., 2000 Ed., p. 413].
Retrenchment. Also Lay-off. 1. The termination of employment
initiated by the employer through no fault of the employees and
without prejudice to the latter, resorted to by management during
periods of business recession, industrial depression, or seasonal
fluctuations or during lulls occasioned by lack of orders, shortage of
materials, conversion of the plant for a new production program or the
introduction of new methods or more efficient machinery, or of

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automation. [Sebuguero v. NLRC, 248 SCRA 532, 542 (1995), citing
Sibal, Phil. Legal Encyc., 502 (1986)]. 2. An act of the employer of
dismissing employees because of losses in the operation of a business,
lack of work, and considerable reduction on the volume of his business.
[Sebuguero v. NLRC, 248 SCRA 532, 542 (1995), citing LVN Pictures
Employees and Workers Assoc. v. LVN Pictures, 35 SCRA 147 (1970)].
Retroactive laws. Laws which, as exceptions to Art. 4 of the Civil Code,
shall have retroactive effect under any of the following circumstances:
(a) if the laws themselves provide for retroactivity; (b) if the laws are
remedial or penal in nature and the same is favorable to the accused;
(c) when the laws are procedural and do not affect or change vested
rights; (d) when the laws are curative in character; and (e) if a
substantive right is declared for the first time. [Claridades, A.,
Retroactive recognition rule. Intl. Law. Rule that implies that a
government was lawfully in power prior to the time of its recognition.
Retrocession. A transaction whereby the reinsurer, in turn, passes to
another insurer a portion of the risk reinsured. It is really the
reinsurance of a reinsurance. [Claridades, A., Compilation of Notes,
2001-2006].
Retrospectant evidence. Such evidence which requires inference to
look backward from the evidentiary fact to the alleged act. That is,
taking a stand at the fact offered, the inference is made that at some
previous time, the act was or was not done. [People v. Agravante, GR
105402-04. Sep. 5, 1994]. Also called Traces.
Return. A report to a judge by police on the implementation of an arrest
or search warrant. Also, a report to a judge in reply to a subpoena, civil
or criminal. [Glossary of Legal Terms (Pro-Se), 2004].
Return on equity. Net income after debt service, expressed as a
percentage of the owners equity. [Blacks Law Dict., Abr. 5th Ed.
(1983), 684].
Return on investment. Amount earned per year on an investment,
usually expressed as a percentage. [Blacks Law Dict., Abr. 5th Ed.
(1983), 684].

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Return-to-work order. Labor. The order of the Secretary of Labor and
Employment assuming jurisdiction over a labor dispute and deciding it
or certifying the same to the NLRC for compulsory arbitration, which
assumption or certification shall have the effect of automatically
enjoining the intended or impending strike or lockout as specified in the
assumption or certification order or, if one has already taken place at
the time of assumption or certification, ordering all striking or locked
out employees to immediately return to work and the employer to
immediately resume operations and readmit all workers under the same
terms and conditions prevailing before the strike or lockout. [Art. 263,
LC].
Revaluation increment. The excess of sound value over net book
value. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992].
Revealing secrets with abuse of office. Crim. Law. The felony
committed by any manager, employee, or servant who, in such
capacity, shall learn the secrets of his principal or master and shall
reveal such secrets. [Art. 291, RPC].
Revelation of industrial secrets. Crim. Law. The felony committed by
the person in charge, employee or workman of any manufacturing or
industrial establishment who, to the prejudice of the owner thereof,
shall reveal the secrets of the industry of the latter. [Art. 292, RPC].
Revelation of secrets by an attorney or solicitor. See Betrayal of
trust by an attorney or solicitor.
Revelation of secrets by an officer. Crim. Law. The felony committed
by any public officer who shall reveal any secret known to him by
reason of his official capacity, or shall wrongfully deliver papers or
copies of papers of which he may have charge and which should not be
published. [Art. 229, RPC].
Revenue. 1. Income derived from the regular system of taxation
enforced under authority of law or ordinance and, as such, accrue more
or less regularly every year. [Sec. 14, PD 477]. 2. All the funds or
income derived by the government, whether from tax or from whatever
source and whatever manner. [De Leon, Fundamentals of Taxation,
2000 Ed., p. 20].

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Revenue bill. A bill filed in Congress proposing to levy taxes and raise
funds for the government. [Claridades, A., Compilation of Notes,
2001-2006].
Revenue funds. All funds deprived from the income of any agency of
the Government and available for appropriation or expenditure in
accordance with law. [Sec. 2, Chap. 1 Subtitle B, EO 292].
Reversal. 1. An action of a higher court in setting aside or revoking a
lower court decision. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The
annulling or setting aside by an appellate court of a decision of a lower
court. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 685].
Reversales. Intl. Law. Fr. Declarations that an error in etiquette or in
the draftsmanship of a treaty should not be considered as a precedent.
Reversible error. A procedural error during a trial or hearing sufficiently
harmful to justify reversing the judgment of a lower court. [Glossary of
Reversion. A future interest left in a transferor or his (or her) heirs. A
reservation in a real property conveyance that the property reverts
back to the original owner upon the occurrence of a certain event.
Review. A reconsideration or reexamination for purposes of correction.
[Phil. Gamefowl Comm. v. CA, GR 72969-70. Dec. 17, 1986, citing
Black's Law Dict., Rev. 4th Ed., 1968, p. 1483].
Revised Forestry Code of the Philippines. PD 705 entitled Revising
Presidential Decree No. 389, otherwise known as the Forestry Reform
Code of the Philippines signed into law on May 19, 1975.
Revised Penal Code, The. Act 3815 entitled An Act revising the Penal
Code and other penal laws enacted on Dec. 8, 1930 and took effect on
Jan. 1, 1932.
Revision. A revamp or rewriting of the whole instrument. [Cruz, Constl.
Law, 1998 Ed., p. 11]. Compare with Amendment.

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Revival of wills. The restoration to validity of a previously revoked will
by operation of law. It differs from republication in that it takes place
by operation of law, while the latter takes place by the act of the
testator. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p.
131].
Revive. To restore to consciousness or life; to bring back into currency;
to render active, operative, valid or flourishing again. [Morenos Law
Dict., 2000 Ed., p. 413].
Revocable beneficiary. The person named in a policy to receive the
proceeds at the death of the insured, the latter reserving to himself the
right to make future changes in the beneficiary designation. [Tiopianco,
Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p.
28].
Revocable permit. A permit issued for the temporary occupation and
use of a tract of land not covered by a regular public land application.
[Castrillo's Law on Nat. Res., 6th Ed. p. 81].
Revocable trust. A trust that the grantor may change or revoke.
Revocation of wills. 1. The physical act of destruction of a will coupled
with animus revocandi on the part of the testator. It is not imperative
that the physical destruction be done by the testator himself. It may be
performed by another person but under the express direction and in
the presence of the testator. [Maloto v. CA, GR 76464. Feb. 29, 1988].
2. An act of the mind, terminating the potential capacity of the will to
operate at the death of the testator, manifested by some outward or
visible act or sign, symbolic thereof. [Jurado, Comments & Jurisp. on
Succession, 1991 8th Ed., p. 115, citing Gardner on Wills, p. 224].
Revoke. To cancel or nullify a legal document. [Glossary of Legal Terms
(Pro-Se), 2004].
Revolution. 1. The complete overthrow of the established government
in any country or state by those who were previously subject to it. [In
Re: Puno, AM 90-11-2697-CA. June 29, 1992, citing Kitlow v. Kiely, 44
F. Ed. 227, 232]. 2. A sudden, radical and fundamental change in the
government or political system, usually effected with violence or at

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least some acts of violence. [Ibid, citing State v. Diamond, 202 P. 988,
991]. 3. That which occurs whenever the legal order of a community is
nullified and replaced by a new order a way not prescribed by the first
order itself. [Ibid, citing Kelsen's, Gen. Theory of Law and State].
Revolutionary government. 1. A government that comes into
existence in defiance of the existing legal processes. [In Re: Puno, AM
90-11-2697-CA. June 29, 1992, citing Bernas, Proc. No. 3 (1986)]. 2. A
government instituted by the direct action of the people and in
opposition to the authoritarian values and practices of the overthrown
government. [Ibid., citing address by UP Pres. Angara, BBC, Mar. 21,
1986, 27 UP Gaz. 28, 29].
Rheumatic heart disease. A disease resulting from rheumatic fever,
marked by inflammation and disfigurement of the heart valves. The
heart valves are flap-like structures which like one-way doors, stand in
the openings between the chambers of the heart. Their function is to
allow the passage of blood only forward. However, when deformed by
disease, they no longer form a perfect fit for the openings, and blood
flaws backward as well as forward during the contraction of the heart.
The amount of blood which flows backward is lost to the forward
stream. The heart must, therefore, work much harder to supply the
body with the normal amount of blood. This, in turn, leads to other
complications. [Panangui v. ECC, GR L-56259. Mar. 18, 1983, citing
Schmidt's Atty.'s Dict. of Med., p. 689, 1965 Ed.].
Rheumatic heart failure. A sudden stoppage of the action of the
heart. [Morenos Law Dict., 2000 Ed., p. 414].
Riachuelo. A creek. [Morenos Law Dict., 2000 Ed., p. 414].
Riba. The term has the meaning assigned to it by Islamic law and
jurisprudence as expounded by authoritative sources; in the context of
banking activities, the term includes the receipt and payment of interest
in the various types of lending and borrowing and in the exchange of
currencies on forward basis. [Sec. 44, RA 6848].
Rider. Also Endorsement. Ins. Agreements not contained in the policy,
but written on or attached to it. They are used to fit policies to
individual circumstances. When they are made part of the contract,
they alter, amend, extend, or restrict the coverage provided in the
contract. [Sec. 50, IC].

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Rider. Legislation. 1. A provision which is alien to the bill to which it is
attached. [Gonzales v. Macaraig, GR 87636. Nov. 19, 1990]. 2. A
provision not germane to the subject matter of the bill. [Lidasan v.
Comelec, GR L-28089. Oct. 25, 1967].
Right. In an abstract sense, it means justice, ethical correctness, or
consonance with the rules of law or the principles of morals. In a
concrete sense, a power, privilege, faculty, or demand, inherent in one
person and incident upon another. As an adjective, it means just,
morally correct, consonant with ethical principles or rules of positive
law. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 687].
Right against double jeopardy. The right which prohibits any
subsequent prosecution of any person for a crime of which he has
previously been acquitted or convicted. The objective is to set the
effects of the first prosecution forever at rest, assuring the accused that
he shall not thereafter be subjected to the peril and anxiety of a second
charge against him for the same offense. [2 Phil. 246, 252-253 (1903)].
Right against self-incrimination. A prohibition of the use of physical
or moral compulsion, to extort communications from (a person). It is
simply a prohibition against legal process to extract from the
(accused)'s own lips, against his will, admission of his guilt. [US v. Tan
Teng, 23 Phil. 145, 152]
Right and wrong test. The test under which a person is determined to
be insane when he suffers from such perverted condition of the mental
and moral faculties as to render him incapable of distinguishing
between right and wrong. [People v. Dungo, GR 89420. July 31, 1991].
Compare with Delusion test and Irresistible impulse test.
Right of action. The right to commence and prosecute an action to
obtain the relief sought. [Albano, Rem. Law Reviewer, 1st Ed., p. 73].
Compare with Cause of action.
Right of action. Elements: (a) Existence of a cause of action; (b)
performance of all conditions precedent to the bringing of the action;
and (c) the right to bring and maintain the action must be in the person
instituting it. [Albano, Rem. Law Reviewer, 1st Ed., p. 73-74].

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Right-of-control test. A test to determine where the person for whom
the services are performed reserves a right to control not only the end
to be achieved but also the means to be used in reaching such as end.
[Sevilla v. CA, 160 SCRA 171].
Right of equality as an attribute of states. Intl. Law. The
entitlement of every state to the same protection and respect as are
available to other states under the rules of international law. [Cruz, Intl.
Right of first refusal. See First refusal, right of.
Right of privacy. The right to be let alone, like the right of free
expression, (which) is not an absolute right. A limited intrusion into a
person's privacy has long been regarded as permissible where that
person is a public figure and the information sought to be elicited from
him or to be published about him constitute matters of a public
character. Succinctly put, the right of privacy cannot be invoked to
resist publication and dissemination of matters of public interest. The
interest sought to be protected by the right of privacy is the right to be
free from "unwarranted publicity, from the wrongful publicizing of the
private affairs and activities of an individual which are outside the realm
of legitimate public concern. Also Right to privacy.
Right of redemption. The right granted to the debtor-mortgagor, his
successor-in-interest or nay judicial creditor of said debtor-mortgagor or
any person having a lien in the property subsequent to its mortgage or
deed of trust under which the property is sold to redeem the property
within one (1) year from the registration of the sheriffs certificate of
foreclosure sale. [Bench Book for Trial Court Judges, p. 2-91, citing Sec.
29, Rule 39, RoC]. Compare with Equity of redemption.
Right of representation. See Representation, right of.
Right of revolution. An inherent right of a people to cast out their
rulers, change their policy or effect radical reforms in their system of
government or institutions by force or a general uprising when the legal
and constitutional methods of making such change have proved
inadequate or are so obstructed as to be unavailable. [In Re: Puno, AM
90-11-2697-CA. June 29, 1992, citing The Paradox of Luther v. Borden,
100 Harvard Law Review 1125, 1133 (1987)].

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Right of self-organization. It includes the right to organize or affiliate
with a labor union or determine which of two or more unions in an
establishment to join, and to engage in concerted activities with
co-workers for purposes of collective bargaining through
representatives of their own choosing, or for their mutual aid and
protection, i.e., the protection, promotion, or enhancement of their
rights and interests. [Reyes v. Trajano, GR 84433. June 2, 1992, citing
Art. 247, LC, as amended].
Right of way. An ancient concept, which date back to the iter, actus,
and via of the Romans. These servitudes are demanded by necessity,
that is, to enable owners of isolated estates to make full use of their
properties, which lack of access to public roads has denied them.
[Costabella Corp. v. CA, GR 80511. Jan. 25, 1991, citing II Francisco,
Civil Code of The Phil., 787].
Right of way. Requisites: The owner of an estate may claim a
compulsory right of way only after he has established the existence of
four requisites, namely, (a) the estate is surrounded by other
immovables and is without adequate outlet to a public highway; (b)
after payment of the proper indemnity; (c) the isolation was not due to
the proprietor's own acts; and (d) the right of way claimed is at a point
least prejudicial to the servient estate, and in so far as consistent with
this rule, where the distance from the dominant estate to a public
highway may be the shortest. [Angela Estate, Inc. v. CFI Negros Occ.,
GR L-27084. July 31, 1968].
Right of way easement. 1. The right of the owner, or any person who
by virtue of a real right may cultivate or use any immovable, which is
surrounded by other immovables pertaining to other persons and
without adequate outlet to a public highway, to demand a right of way
through the neighboring estates, after payment of the proper
indemnity. [Art. 649, CC]. 2. The right of a party to pass over the land
of another. [Glossary of Legal Terms (Pro-Se), 2004].
Right of way rule. The general rule that the vehicle on the national
highway has the right-of-way as against a feeder road. Another general
rule is that the vehicle coming from the right has the right-of-way over
the vehicle coming from the left. The general rules on right-of-way may
be invoked only if both vehicles approach the intersection at almost the
same time. [Kapalaran Bus Line v. Coronado, GR 85331. Aug. 25,
1989].

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Right to appeal. 1. It is merely a statutory right and not ordinarily a
necessary part of due process, (and) may only be taken when the law
so provides. [Aguilar & Casapao, v. Navarro, 55 Phil., 898; Duarte, v.
Dade, 32 Phil., 36]. 2. Being purely statutory, the parties cannot, even
by mutual agreement, confer such right when the same does not exist
by statutory authority. [Gonzales v. CA, GR L-18255. Nov. 21, 1961,
citing Moran, Comments on the Rules of Court, Vol. I, 1957 Ed., pp.
lxii-lxiii].
Right to dispose. The power of the owner to alienate, encumber,
transform and even destroy the thing owned. [Morenos Law Dict.,
2000 Ed., p. 416].
Right to hold a public office. The just and legal claim to hold and
enjoy the powers and responsibilities of the office. [Francisco v. Men
Abad, GR L-36927-28. Apr. 15, 1974, citing Black's Law Dict., 3rd Ed.,
pp. 1558, 1717].
Right to life. Pol. Law. The right not merely to the preservation of life
but also the security of the limbs and organs of the human body
against any unlawful harm. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 90]
Right to present evidence. The opportunity given a party to be heard
(which) is covered by the due process clause of the Constitution.
Right to privacy. A right which belongs to the individual acting in his
private capacity and not to a governmental agency or officers tasked
with, and acting in, the discharge of public duties. [Aquino-Sarmiento v.
Morato, GR 92541. Nov. 13, 1991]. Also Right of privacy.
Right to self-organization. The right of the employees to form unions
or associations for purposes not contrary to law, to self-organization
and to enter into collective bargaining negotiations, among others,
which the Constitution guarantees. [Knitjoy Mfg., Inc. v. Ferrer-Calleja,
GR 81883. Sep. 23, 1992].

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Rigid constitution. A constitution which can be amended through a
formal and difficult process. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 9]. Compare with Flexible constitution.
Rigor mortis. Legal Med. The stiffening of the muscular tissues and
joints of the body setting in at a greater or less interval after death.
[People v. Dulay, GR 92600. Jan. 18, 1993].
Ring. In a cockpit, the space where the cocks fight. [Morenos Law Dict.,
2000 Ed., p. 417]. Also Rueda.
Riparian. Broadly, any property having a water frontage. [Santulan v.
Exec. Sec., GR L-28021. Dec. 15, 1977, citing Shepard's Point Land Co.
v. Atlantic Hotel, 44 S. E. 39, 45]. Compare with Littoral.
Riparian owner. 1. A person who owns land situated on the bank of a
river. But the term embraces not only the owners of lands on the banks
of rivers but also the littoral owners, meaning the owners of lands
bordering the shore of the sea or lake or other tidal waters. [Santulan
v. Exec. Sec., GR L-28021. Dec. 15, 1977]. 2. A person who owns land
that runs into a river. [Duhaime's Legal Dict., 2004].
Riparian rights. Special rights of people who own land that runs into a
river bank. While not an ownership right, riparian rights include the
right of access to, and use of the water for domestic purposes (bathing,
cleaning and navigating). [Duhaime's Legal Dict., 2004].
RIV. See Requisition and issue voucher.
River. A compound concept consisting of three (3) elements: (b) The
running waters; (c) the bed; and (c) the banks. [Hilario v. City of
Manila, GR L-19570. Apr. 27, 1967, Manresa, Codigo Civil Espaniol, 6th
Ed., p. 75].
Roadway. A road, especially that part of the road over which vehicles
pass. [Govt. of the Phil. v. Derham Bros., GR 11904. Oct. 9, 1917,
citing New Std. Dict.].
Robbery. Crim. Law. 1. The felony committed by any person who, with
intent to gain, shall take any personal property belonging to another,
by means of violence or intimidation of any person, or using force upon
anything. [Art. 293, RPC]. 2. Felonious taking of another's property,

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from his person or immediate presence and against his will, by means
of force or fear. [Glossary of Legal Terms (Pro-Se), 2004].
Robbery. Elements: (a) That there be personal property belonging to
another; (b) that there is unlawful taking of the property; (c) that the
taking is with intent to gain; and (d) that there is violence against or
intimidation of persons or force upon things. [People v. Puloc, GR
92631, Sep. 30, 1991 202 SCRA 179, 185].
Robbery committed under certain circumstances, attempted and
frustrated. The offense committed when, by reason or on occasion of
an attempted or frustrated robbery, a homicide is committed. [Art. 297,
RPC].
Robbery in an inhabited house or public building or edifice
devoted to worship. Crim. Law. The felony committed by any armed
person who shall commit robbery in an inhabited house or public
building or edifice devoted to religious worship where: (a) the
malefactors shall enter the house or building in which the robbery was
committed; or (b) the robbery be committed under any of the following
circumstances: 1. by the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle; 2. by taking such
furniture or objects to be broken or forced open outside the place of
the robbery. [Art. 299, RPC].
Robbery in an uninhabited place or in a private building. Any
robbery committed in an uninhabited place or in a building other than
those mentioned in the first paragraph of Art. 299 of the Rev. Penal
Code, if any of the following circumstances is present: (a) if the
entrance has been effected through any opening not intended for
entrance or egress; (b) if any wall, roof, flour or outside door or
window has been broken; (c) if the entrance has been effected through
the use of false keys, picklocks or other similar tools; (d) if any dorm,
wardrobe, chest or by sealed or closed furniture or receptacle has been
broken; (e) if any closed or sealed receptacle, as mentioned in the
preceding number, has been removed even if the same to broken open
elsewhere. [Art. 302, RPC].
Robbery in band. Robbery whereof more than three armed malefactors
take part in the commission. [Art. 296, RPC].

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Robbery with homicide. Elements: (a) The taking of personal property
with the use of violence or intimidation against a person; (b) the
property thus taken belongs to another; (c) the taking is characterized
by intent to gain or animus lucrandi; and (d) on the occasion of the
robbery or by reason thereof, the crime of homicide, which is therein
used in a generic sense, was committed. [People v. Esperraguerra, GR
113785, Sep. 14, 199S, 248. SCRA 207].
Robbery with physical injuries, committed in an uninhabited
place and by a band, or with the use of firearm on a street,
road or alley. The offenses mentioned in subdivisions 3, 4, and 5 of
Art. 294 of the Rev. Penal Code which have been committed in an
uninhabited place or by a band, or by attacking a moving train, street
car, motor vehicle or airship, or by entering the passenger's
compartments in a train or, in any manner, taking the passengers
thereof by surprise in the respective conveyances, or on a street, road,
highway, or alley, and the intimidation is made with the use of a
firearm. [Art. 295, RPC].
Robbery with rape. The law uses the phrase "when the robbery shall
have been accompanied by rape." [Art. 294 (2), RPC]. This means that
the offender must have the intent to take the personal property
belonging to another with intent to gain, and such intent must precede
the rape. [People v. Villagracia, GR 94311. Sep. 14, 1993, citing Reyes,
II Rev. Penal Code, p. 612, 1987 Ed.].
Robbery with violence against or intimidation of persons. Crim.
Law. The felony committed by any person with the use of violence
against or intimidation of any person when: 1. by reason or on occasion
of the robbery, the crime of homicide shall have been committed; 2.
the robbery shall have been accompanied by rape or intentional
mutilation, or if by reason or on occasion of such robbery, any of the
physical injuries penalized in subdivision 1 of Art. 263 of the Rev. Penal
Code shall have been inflicted; 3. by reason or on occasion of the
robbery, any of the physical injuries penalized in subdivision 2 of the
article mentioned in the next preceding number, shall have been
inflicted; 4. the violence or intimidation employed in the commission of
the robbery shall have been carried to a degree clearly unnecessary for
the commission of the crime, or when the course of its execution, the
offender shall have inflicted upon any person not responsible for its
commission any of the physical injuries covered by subdivisions 3 and 4
of said Art. 23. [Art. 295, RPC].

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Robo con homicidio. Sp. Robbery with homicide. [US v. Macalalad, 9
Phil. 1].
Robo con lesions. Sp. Robbery with physical injuries. [US v. Lumanlan,
GR 10708. Sep. 24, 1915].
Robo en cuadrilla. Sp. Robbery in an armed band. [US v. Dela Cruz,
GR 4740. Nov. 18, 1908].
Robo en cuadrilla con homicidio y lesiones. Sp. Robbery in an
armed band, with homicide and physical injuries. [US v. Pindong, GR
5220. Aug. 18, 1909].
ROI. Return on investment.
Roman candle. A sparkler similar to a "fountain" but shaped like a big
candle. [Sec. 2, RA 7183].
Rombergs Test. A test to determine whether a person is intoxicated.
He is asked to stand with feet together and to close his eyes. Normally,
this would have no effect on a person who is sober. But if he is
intoxicated, the tendency is for him to swing from side to side.
Sometimes he would fall. [Morenos Law Dict., 2000 Ed., p. 418].
Rooming-in. The practice of placing the newborn in the same room as
the mother right after delivery up to discharge to facilitate
mother-infant bonding and initiate breastfeeding. The infant may either
share the mother's bed or be placed in a crib beside the mother. [Sec.
3, RA 7600].
Roster. A list of persons qualified to provide ADR services as neutrals or
to serve as arbitrators. [Sec. 3, RA 9285].
ROTC. See Reserve Officers' Training Corps.
Row house. A single-family attached dwelling containing three or more
separate living units designed in such a way that they abut each other
at the sides, as in a row, and are separated from each other by party
walls: provided with independent access, services, and use of land.
[Sec. 3, BP 220].

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Royalties. All charges based on gross business or sales, or gross or net
profit. [Sec. 3, RA 224].
Royalty. Any payment over and above other existing for the utilization
of minerals within a mineral reservation, indigenous cultural
community, or in areas covered by small-scale mining. [Sec. 4, DENR
Rueda. The ring of a cockpit. [Morenos Law Dict., 2000 Ed., p. 418].
Rule. Any agency statement of general applicability that implements or
interprets a law, fixes and describes the procedures in, or practice
requirements of, an agency, including its regulations. The term includes
memoranda or statements concerning the internal administration or
management of an agency not affecting the rights of, or procedure
available to, the public. [Sec. 2, Chap. 1, Book VII, EO 292].
Rule against perpetuities. See Perpetuities, rule against.
Rule making. An agency process for the formulation, amendment, or
repeal of a rule. [Sec. 2, Chap. 1, Book VII, EO 292].
Rule making power. See Quasi-legislative power.
Rule of barrier between the legitimate family and illegitimate or
Iron curtain rule. Succ. The rule that the an illegitimate child has no
right to inherit ab intestato from the legitimate children and relatives of
his father or mother; nor shall such children or relatives inherit in the
same manner from the illegitimate child. [Art. 992, CC]. Also known as
Iron curtain rule.
Rule of double share for full blood collaterals. Succ. The rule that
when full and half-blood brothers and sisters, nephews and nieces
survive, the former shall take a portion in the inheritance double that of
the latter. [Claridades, A., Compilation of Notes, 2001-2006].
Rule of equal division. Succ. The rule that the relatives of the same
degree shall inherit in equal shares. [Art. 962, CC].
Rule of law. It simply means that no one is above the law. All persons
regardless of status, wealth, creed, political persuasion and color of

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their skin are entitled to due process of law. [Suarez, Pol. Law
Rule of majority. Also Majority rule. Pol. Law. The will of the greater
number of people, whether referring to the citizens of the Philippines
who choose their representatives, or to a number of people in a
community or organization, who choose their officers. [Suarez, Pol. Law
Rule of preference between lines. Succ. The rule that those in the
direct descending line shall exclude in the succession those in the direct
ascending and collateral lines, and those in the direct ascending line
shall, in turn, exclude those in the collateral line. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 379].
Rule of proximity. Succ. The rule that the relatives nearest in degree
to the decedent shall exclude the more distant ones, except when there
is right of representation. [Jurado, Comments & Jurisp. on Succession,
1991 8th Ed., pp. 379-380].
Rules. Established standards, guides, or regulations set up by authority.
Rules of Court. Regulations governing practice and procedure in the
various courts. [Claridades, A., Compilation of Notes, 2001-2006].
Rules of evidence. Standards governing whether evidence in a civil or
criminal case is admissible. [Glossary of Legal Terms (Pro-Se), 2004].
Ruling. A judicial or administrative interpretation of a provision of a
statute, order, regulation or ordinance. [Jamil v. Comelec, GR 123648.
Dec. 15, 1997, citing Black's Law Dict., p. 1197].
Rulings. Exposition of law or legal reasons upon which the courts rest
their judgment. [Jamil v. Comelec, GR 123648. Dec. 15, 1997, citing
Words & Phrases, Vol. 37A, p. 568]
Run-away shop. Labor. An unfair labor practice of management which
usually takes place by effecting the transfer of ownership, the plant
itself, or its equipment and machines purposely to bust the union or to
evade payment of its legitimate obligations. In other words, the shop is

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put up to achieve an illegal purpose. [Poquiz, Labor Rel. Law, 1999 Ed.
p. 155].
Running and test inventory. An inventory of property made upon
order of the local chief executive at any time to ascertain the
correctness of the property records of the unit. [IRR on Supply & Prop.
Running policy. Ins. A policy of insurance which contemplates
successive insurances, and which provides that the object of the policy
may be from time to time defined, especially as to the subjects of
insurance, by additional statements or indorsements. [Sec. 62, IC].
Run-off election. An election between the labor unions receiving the
two (2) higher number of voters when a certification election which
provides for three (3) or more choices results in no choice receiving a
majority of the valid votes cast, where the total number of votes for all
contending unions is at least fifty percent (50%) of the number of votes
cast. [Sec. 1, Rule 1, Book 5, IRR of LC].
Rural banks. Banks duly organized under RA 720 with authority to
operate under existing laws. [Sec. 4, RA 7607].
Rural Banks Act of 1992. RA 7353 entitled An Act providing for the
creation, organization and operation of rural banks, and for other
purposes enacted on Apr. 2, 1992.
Rural industrialization. The process by which the economy is
transformed from one that is predominantly agricultural to one that is
dominantly industrial and service-oriented. [Sec. 4, RA 8435].

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-SSabong. Tag.
2001-2006].
Cockfight. [Claridades, A., Compilation of Notes,
Sabungan. Tag. Cockpit. [People v. Aleta, GR L-40694. Aug. 31, 1976].

Sadism. Legal Med. The sexual enjoyment a person receives from
inflicting actual physical or psychological suffering on a sexual partner.
[Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with
Masochism.
Safe conduct pass. Intl. Law. A pass given to enemy nationals or
vessels allowing passage between defined points. This is given either
by the belligerent government itself or the commander of the area
which it is effective. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 143].
Safe place or shelter. Any home or institution maintained or managed
by the DSWD or by any other agency or voluntary organization
accredited by the DSWD for the purposes of RA 9262 or any other
suitable place the resident of which is willing temporarily to receive the
victim. [Sec. 3, RA 9262].

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Salary. A fixed compensation for regular work or for continuous service
rendered over a period of time [Moreno's Phil. Law Dict., 3rd Ed., p.
852 citing Lee Tee v. Ching Chiong, 17518-R, Jan. 13, 1959].
Salary-ceiling-method. A method used in legislation involving the
adjustment of the minimum wage whereby the wage adjustment is
applied to employees receiving a certain denominated salary ceiling.
[ECOP v. NWPC, GR 96169. Sep. 24, 1991, quoting NWPC's Order of
Nov. 6, 1990]. Compare with Floor-wage method.
Salary or wage adjustment. A salary or wage increase towards the
minimum of the grade, or an increase from a non-prescribed rate to a
prescribed rate within the grade. [Sec. 3, PD 985].
Salary or wage schedule. A numerical structure in the Compensation
System consisting of several grades, each grade with multiple steps
with a percentage differential throughout the pay table. A classified
position is assigned a corresponding grade in the Schedule. [Sec. 3, PD
985].
Salary or wage step increment. An increase in salary or wage from
one step to another step within the grade from the minimum to
maximum. Also known as Within grade increase. [Sec. 3, PD 985].
Salary Standardization Act. RA 6758. See Compensation and
Position Classification Act of 1989.
Salaysay. Tag. 1. Statement. [Julio v. Dalandan, GR L-19012. Oct. 30,
1967]. 2. Sworn statement. [People v. Ilarde, GR L-58595. Oct. 10,
1983]. 3. Narration. [Belvis III v. CA, GR L-38907. Nov. 14, 1988].
Salbahe. Tag. Ill-mannered. [People v. Catanyag, GR 103974. Sep. 10,
1993].
Sale. A contract whereby one of the contracting parties obligates himself
to transfer the ownership and to deliver a determinate thing, and the
other to pay therefor a price certain in money or its equivalent. [Art.
1458, CC].
Sale at retail. Elements: (a) The seller should be habitually engaged in
selling; (b) the sale must be direct to the general public; and (c) the
object of the sale is limited to merchandise, commodities or goods for

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consumption. [Marsman & Co., Inc. v. First Coconut Central Co., Inc.,
GR L-39841. June 20, 1988].
Sale by description. A transaction in which the merchandise is
described in detail and the bulk must correspond to the description.
Sale by sample. It occurs when the buyer is shown a sample of the
merchandise he is buying. When the merchandise is delivered, the bulk
must correspond in quality to the sample. [Torres, Oblig. & Cont., 2000
Ed., p. 354].
Sale in bulk. See Bulk sale.
Sale on credit. A sale where the seller retains the original of the invoice
in his possession, and the delivery thereof to the buyer is made only
when the latter has discharged his obligation. [Claridades, A.,
Sale on trial. A contract of sale which rests entirely on the character or
quality of the goods, vis--vis a contract of sale or return which hinges
wholly on the option of the buyer. [Claridades, A., Compilation of
Notes, 2001-2006].
Sale or distribution. An act made by a manufacturer or seller, or their
respective representative or agent, to make available consumer
products, services or credit to the end consumers under a consumer
sale transaction. It shall not include sampling or any distribution not for
sale. [Art. 4, RA 7394].
Sale or exchange of services. The performance of all kinds of services
in the Philippines for others for a fee, remuneration or consideration,
including those performed or rendered by construction and service
contractors; stock, real estate, commercial, customs and immigration
brokers; lessors of property, whether personal or real; warehousing
services; lessors or distributors of cinematographic films; persons
engaged in milling, processing, manufacturing or repacking goods for
others; proprietors, operators or keepers of hotels, models, resthouses,
pension houses, inns, resorts; proprietors or operators of restaurants,
refreshment parlors, cafes and other eating places, including clubs and
caterers; dealers in securities; landing investors; operators of taxicabs;
utility cars for rent or hire driven by the lessees (rent-a-car companies),

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tourist buses; and other common carriers by land, air, and sea relative
to their transport of goods or cargoes; services of franchise grantees of
telephone and telegraph, radio and television broadcasting and all other
franchise grantees except those under Sec. 117 of the National Internal
Revenue Code; services of banks, non-bank financial intermediaries and
finance companies; and non-life insurance companies (except their crop
insurances) including surety, fidelity and indemnity and bonding
companies; and similar services regardless of whether or not the
performance thereof calls for the exercise or use of the physical or
mental faculties. [Sec. 102, NIRC, as amended by RA 7716].
Sale or pledge of mortgaged property. Crim. Law. The felony
committed by any mortgagor who shall sell or pledge personal property
already pledged, or any part thereof, under the terms of the Chattel
Mortgage Law, without the consent of the mortgagee written on the
back of the mortgage and noted on the record hereof in the office of
the Register of Deeds of the province where such property is located.
[Art. 319, RPC].
Sale or return. A contract of sale whereby the goods object of the sale
are delivered to the buyer who thereby acquires ownership thereof, but
he may revest the ownership in the seller by returning or tendering the
goods within the time fixed in the contract, or, if no time has been
fixed, within a reasonable time. Under this kind of sale, the buyer is
given an option to return the goods instead of paying the price. [Diaz,
Bus. Law Rev., 1991 Ed., p. 121, citing Art. 1502, CC].
Sale or sell. Every disposition, or attempt to dispose, for a valuable
consideration, of a subdivision lot, including the building and other
improvements thereof, if any, in a subdivision project or a condominium
unit in a condominium project. A contract to sell, a contract of purchase
and sale, an exchange, an attempt to sell, an option of sale or
purchase, a solicitation of a sale, or an offer to sell, directly or by an
agent, or by a circular, letter, advertisement or otherwise. [Sec. 2, PD
957].
Sales invoice. A detailed statement of the nature, quantity and cost of
the thing sold and has been considered not a bill of sale. [P.T. Cerna
Corp. v. CA, GR 91622. Apr. 6, 1993].
Sales load. The difference between the price of a security to the public
and that portion of the proceeds from its sale which is received and

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invested or held for investment by the issuer, less any portion of such
difference deducted for trustee's or custodian's fees, insurance
premiums, issue taxes, or administrative expenses or fees which are
not properly chargeable to sales or promotional activities. In the case of
a periodic payment plan certificate, sales load includes the sales load on
any investment company securities in which the payments made on
such certificate are invested, as well as the sales load on the certificate
itself. [Sec. 3, RA 2629].
Salesman. A natural person, employed as such as an agent, by a dealer,
issuer or broker to buy and sell securities. [Sec. 3, RA 8799].
Sales promotion. Techniques in-tended for broad consumer
participation which contain promises of gain such as prizes, in cash or
in kind, as reward for the purchase of a product, security, service or
winning in contest, game, tournament and other similar competitions
which involve determination of winner/s and which utilize mass media
or other widespread media of information. It also means techniques
purely intended to increase the sales, patronage and/or goodwill of a
product. [Art. 4, RA 7394].
Sale with pacto de retro. One where the vendor reserves the right to
repurchase the thing sold with the obligation to comply with the
stipulation of the contract, and to refund the price, the necessary and
useful expenses incurred on the thing, the expenses of the contract and
other legitimate payments made by the vendee by reason of the sale.
Sale with right to repurchase. A sale whereby the title and ownership
of the property sold are immediately vested in the vendee a retro
within the period stipulated. Failure to perform said resolutory condition
vests upon the vendee by operation of law absolute title or ownership
over the property sold. [Albano, Civil Law Reviewer, Rev. Ed., p. 356].
Salting of foreign exchange. The crime committed by any person
engaged in the business of exporting who shall underdeclare or
undervalue his exports, either as to price or quantity, or any person
engaged in the business of importation who shall overvalue or
overdeclare his importations, either as to price or quantity, for the
purpose of salting and retaining foreign exchange abroad in violation of
existing laws and Central Bank rules and regulations. [Sec. 2, PD 1883].
See Blackmarketing of foreign exchange.

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Salt iodization. The addition of iodine to salt intended for human or
animal consumption in accordance with specifications as to form,
fortificant, method, manner and composition as may be prescribed by
the BFAD. [Sec. 4, RA 8172].
Salus populi suprema est lex. Lat. The welfare of the people is the
supreme law. [Lim v. Pacquing, GR 115044. Jan. 27, 1995].
Salvage. The compensation allowed to persons by whose assistance a
ship or her cargo has been saved, in whole or in part, from impending
peril on the sea, or in recovering such property from actual loss, as in
case of shipwreck, derelict, or recapture. [Blackwall v. Saucelito Tug
Co., 10 Wall. 1, 12, cited in Erlanger & Galinger v. Swedish East Asiatic
Co., Ltd., 34 Phil. 178].
Salvage Law, The. Act 2616 enacted on Feb. 4, 1916.
Salvage zone. An easement on the riparian property or lands bordering
the sea or river that covers 20 meters from the coastline boundary
inward to give the people the right of passage and the right to use the
place in case of bad weather and by shipwreck of bancas or vessels in
distress. It is an easement of public use in the general interest of
recreation, passage, fishing and salvage. [Morenos Law Dict., 2000
Ed., p. 424].
Same offense. Identical offense or any attempt to commit the same or
frustration thereof or any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint or
information. [Perez v. CA, GR L-80838. Nov. 29, 1988].
Sanction. 1. The whole or part of a prohibition, limitation or other
condition affecting the liberty of any person; the withholding of relief;
the imposition of penalty or fine; the destruction, taking, seizure or
withholding of property; the assessment of damages, reimbursement,
restitution, compensation, cost, charges or fees; the revocation or
suspension of license; or the taking of other compulsory or restrictive
action. [Sec. 2, Chap. 1, Book VII, EO 292]. 2. A very unusual word
with two contradictory meanings. To sanction can mean to ratify or to
approve but it can also mean to punish. The sanction of a crime refers
to the actual punishment, usually expressed as a fine or jail term.

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Sandiganbayan. A special court created under PD 1606, as amended,
which exercises jurisdiction over (a)
violations of RA 3019, as
amended, otherwise, known as the Anti-Graft and Corrupt Practices
Act, and RA 1379; (b) crimes committed by public officers and
employees including those employed in government-owned or
controlled corporations, embraced in Title VII of the Rev. Penal Code,
whether simple or complexed with other crimes; and (c) other crimes or
offenses committed by public officers or employees, including those
employed in government-owned or controlled corporations, in relation
to their office.
Sangkap Pinoy Seal Program (SPSP). A strategy to encourage food
manufacturers to fortify processed foods or food products with essential
nutrients at levels approved by the DOH. The fundamental concept of
the program is to authorize food manufacturers to use the DOH seal of
acceptance for processed foods or food products, after these products
passed a set of defined criteria. The seal is a guide used by consumers
in selecting nutritious foods. [Sec. 3, RA 8976].
Sangla. Also Sanla. Tag. In some Tagalog provinces, the word means
"bilihang mabibiling muli" or "pacto de retro." By this contract, the
vendee-a-retro takes possession of the property as owner until the
same is repurchased or redeemed. [Aguinaldo v. Esteban, GR L-27289.
Apr. 15, 1985].
Sanglaan. Also Sanlaan. Tag. A word that is used to mean only either
mortgage or pledge, and never a sale or a pacto de retro sale.
[Perfecto, dissenting opinion, Lim v. Calaguas, GR L-2031. May 30,
1949].
Sanitary engineering, practice of. The practice of sanitary
engineering shall embrace the following activities: (a) sanitary surveys,
reports, design, direction, management, consultation, and investigation
of: (a) water purification plants, water collection and distribution
systems, reservoirs, drainage and sewer systems, sewage treatment
plants, malaria control structures, sewage disposal tanks, and other
structures for public health and welfare; (b) projects relating to stream
pollution, insect and vermin control or eradication, rural and camp
sanitation, and milk and food sanitation; (c)
systems
for
the
prevention of atmospheric pollution or the control of indoor air,
especially the air or working spaces in industrial establishments

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(industrial hygiene engineering); and (d) Professional research and
laboratory work supporting the activities listed in subsection (a). [Sec.
2, RA 1364].
Satellite newsgathering. The use of either transportable Fixed
Satellite Service earth stations or Mobile Satellite Service earth stations
to provide temporary communications services for news media
organizations covering news events such as summits, conferences or
disasters. [Sec.3, EO 467, s. 1998].
Satisfaction. Remedy in international law that provides for the honor of
an injured state to be restored. [Intl. Law Dict. & Direct., 2004].
Satisfaction of a judgment. The payment of the amount of the writ,
or a lawful tender thereof, or the conversion by sale of the debtor's
property into an amount equal to that due, and, it may be done
otherwise than upon an execution. [PAL v. CA, GR 49188. Jan. 30,
1990].
Saturday account system. A custom, business practice and usage
among merchants of Chinese descent whereby a customer could order
goods on credit and a collector is sent to him on Saturday. Payment
may or may not be made by said customer. In other words, the
obligation is one which does not provide for a definite or specific term.
Satyriasis. Legal Med. The excessive sexual desire in men. [Olarte,
Legal Med., 1st Ed. (2004), p. 115]. Compare with Nymphomania.
Sauna bath attendant. A person who applies the proper technique of
giving steam bath to customers. [Sec. 59, PD 856].
Sauna bath establishment. An establishment where customers are
exposed to steam which is generated by sprinkling water on hot stones
or by some other means. [Sec. 59, PD 856].
Saving clause. That part of the statute which restricts a repealing act
and preserve existing powers, rights and pending proceedings from the
effects of the repeal. [Suarez, Stat. Con., (1993), p. 50].
Savings and loan association. Any corporation engaged in the
business for accumulating the savings of its members or stockholders,

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and using such accumulations, together with its capital in the case of a
stock corporation, for loans and/or for investment in the securities of
productive enterprises or in securities of the Government, or any of its
political subdivisions, instrumentalities or corporations: Provided, That
they shall be primarily engaged in servicing the needs of households by
providing personal finance and long-term financing for home building
and development. [Sec. 3, RA 3779].
Sawmill. A wood processing plant or implement operated mechanically
and installed in a fixed site or mobile carrier where coconut wood, log
or timber is cut, treated, sawn or ripped into lumber, slabs and other
wood products of any size or form such as poles, piles wall wood,
boards, pulp, or other finished coconut wood product. [Sec. 3, PCA
Admin. Order 1-95].
Saya. Tag. Skirt. [US v. Ramos, GR 10832. Dec. 11, 1916].
SBF. See Subic Bay Freeport.
SBMA. See Subic Bay Metropolitan Authority.
Scab. A person who works for lower wages than or under conditions
contrary to those prescribed by a trade union; also one who takes the
place of a workingman on a strike. Non-union workers who pass
through union picket line. A worker who works under non-union
conditions. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 699].
Scandal. Any reprehensible word or deed that offends public conscience,
redounds to the detriment of the feelings of honest citizens and gives
occasion to the neighbors spiritual damage or ruin. [Gregorio, Fund. of
Scanning. A process whereby medical services are extended through
highly advanced x-ray forms of examination of the human body.
Schistosoma haematobium. A kind of parasitic worm. [Capacio v.
Rep., GR L-45484. Apr. 8, 1988].
Schizophrenia. 1. A chronic mental disorder characterized by inability to
distinguish between fantasy and reality, and often accompanied by
hallucinations and delusions. Formerly called dementia praecox, it is

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said to be the most common form psychosis and usually develops
between the ages 15 and 30. [People v. Pascual, GR 95029. Mar. 24,
1993, citing Encyc. & Dict. of Medicine & Nursing, Miller-Keane, p. 860].
2. A serious mental disorder characterized by loss of contact with reality
(psychosis), hallucinations, delusions (false beliefs), abnormal thinking
and disrupted work and social functioning. [Olarte, Legal Med., 1st Ed.
(2004), p. 144].
Schizophrenic. A person with a split personality that withdraws him
from reality and renders him incapable of understanding what he is
doing. [People v. Capitin, GR L-49118. Aug. 30, 1988].
School. 1. An institution for learning in the elementary, secondary or
tertiary level comprised of the studentry, administration, faculty and
non-faculty personnel. [Sec. 3, RA 7079]. 2. Any educational institution,
private or public, undertaking educational operation for pupils/students
pursuing certain studies at defined levels, receiving instructions from
teachers, usually located in a building or a group of buildings in a
particular physical or cyber site. [Sec 3, RA 9165]. 3. An educational
institution, private and public, undertaking educational operation with a
specific age-group of pupils or students pursuing defined studies at
defined levels, receiving instruction from teachers, usually located in a
building or a group of buildings in a particular physical or cyber site.
[Sec. 4, RA 9155].
School administrators. All persons occupying policy implementing
positions having to do with the functions of the school in all levels.
[Sec. 6, BP 232].
School fees, other. All miscellaneous fees charged to be charged by
private schools, colleges and universities as embodied in their
respective prospectuses, bulletins of information, or catalogues, which
are collected and earmarked for certain specified purposes pursuant to
existing laws, rules and regulations. [Sec. 1, Rule II, PD 451].
School head. A person responsible for the administrative and
instructional supervision of the school or cluster of schools. [Sec. 4, RA
9155].
School levels. Elementary, secondary, and collegiate levels, excluding
free school and postgraduate courses. [Sec. 1, PD 577].

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Schools. Duly established institutions of learning or educational
institutions. [Sec. 26, BP 232].
School year. The total of two (2) semesters [or three (3) trimesters, or
four (4) quarterms, as the case may be] and one (1) summer.
Scienter. Lat. Knowledge. 1. Required in Arts. 162, 165, 187, 188 (2)
and (4), 244, 316 (2), 319 (1), 333, 335 (2) and 350 of the Rev. Penal
Code. 2. In legal situations, the word is usually used to refer to guilty
knowledge". For example, owners of vicious dogs may be liable for
injuries caused by these dogs if they can prove the owner's "scienter"
(i.e., that the owner was aware, before the attack, of the dog's vicious
character). [Duhaime's Legal Dict., 2004].
Scientific and technological activities (STA). All systematic activities
which are closely concerned with the generation, advancement,
dissemination, and application of scientific and technical knowledge in
all fields of natural science and technology. [Sec. 3, RA 8439].
Scientific career system (SCS). A system of recruitment, career
progression, recognition and reward of scientists in the public service as
a means of developing a pool of highly qualified and productive
scientific personnel. [EO 901, July 19, 1983].
Score. 1. In street language, it means desire to buy drugs. [People v.
Pablo, GR 105326. Dec. 28, 1994]. 2. In the parlance of those engaged
in the illegal trade in drugs, the word means "buy. [GR 97930. May 27,
1992].
Scout. Intl. Law. Soldiers not in disguise who have penetrated into the
zone of operations of a hostile army to obtain information but are not
considered as spies. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138].
SCRA. See Supreme Court Re-ports Annotated.
Scrap. Manufactured articles or parts rejected for imperfection or
discarded because of excessive wear or lack of demand and useful only
as raw material for reprocessing. [Napocor v. CA, GR 122195. July 23,
1998, citing Websters 3rd Intl. Dict. 2039 (3rd Ed., 1971).
Screening test. A rapid test performed to establish potential/
presumptive positive result. [Sec 3, RA 9165].

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Scriptory credit. Credit appearing in a public instrument or final
judgment. [Morenos Law Dict., 2000 Ed., p. 426].
Sea farming. The stocking of natural or hatchery-produced marine
plants or animals, under controlled conditions, for purposes of rearing
and harvesting, but not limited to commercially-important fishes,
mollusks (such as pearl and giant clam culture), including seaweeds
and seagrasses. [Sec. 4, RA 8550].
Seal. 1. Any of various closures or fastenings that cannot be opened
without rupture and that serve as a check against tampering or
unauthorized opening. [Syquia v. CA. GR 98695. Jan. 27, 1993, citing
Webster's 3rd Intl. Dict.. pp. 2046 (1970)]. 2. v. To mark a document
with a seal; to authenticate or make binding by affixing a seal. Court
seal, corporate seal. [Glossary of Legal Terms (Pro-Se), 2004].
Seaman. Any person employed in a vessel engaged in maritime
navigation. [Art. 13, LC].
Sea ranching. The release of the young of fishery species reared in
hatcheries and nurseries into natural bodies of water for subsequent
harvest at maturity or the manipulation of fishery habitat, to encourage
the growth of the wild stocks. [Sec. 4, RA 8550].
Searching domicile without witnesses. Crim. Law. The felony
committed by a public officer or employee who, in cases where a
search is proper, shall search the domicile, papers or other belongings
of any person, in the absence of the latter, any member of his family,
or in their default, without the presence of two witnesses residing in
the same locality. [Art. 130, RPC].
Searching inquiry. Rem. Law. Under the Rules (of Court), it means
more than informing cursorily the accused that he faces a jail term
(because the accused is aware of that) but so also, the exact length of
imprisonment under the law and the certainty that he will serve time at
the national penitentiary or a penal colony. [People v. Dayot, GR
88281. July 20, 1990].
Searching questions and answers. Such questions as have tendency
to show the commission of a crime and the perpetrator thereof, taking
into consideration the purpose of the preliminary examination which is

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to determine "whether there is a reasonable ground to believe that an
offense has been committed and the accused is probably guilty thereof
so that a warrant of arrest may be issued and the accused held for
trial." [Luna v. Plaza, GR L-27511. Nov. 29, 1968].
Search warrant. 1. An order in writing issued in the name of the People
of the Philippines signed by a judge and directed to a peace officer,
commanding him to search for personal property and bring it before
the court. [Sec. 1, Rule 126, RoC]. 2. A search warrant is in the nature
of a criminal process akin to a writ of discovery. It is a special and
peculiar remedy, drastic in nature, and made necessary because of a
public necessity. [Malaloan v. CA, GR 104879. May 6, 1994]. 3. A
written order issued by a judge that directs a law enforcement officer to
search a specific area for a particular piece of evidence. [Glossary of
Legal Terms (Pro-Se), 2004]. Compare with Warrant of arrest.
Search warrants maliciously obtained and abuse in the service
of those legally obtained. The act of any public officer or employee
who shall procure a search warrant without just cause, or, having
legally procured the same, shall exceed his authority or use
unnecessary severity in executing the same.
Seashore park. Any public shore area delimited for outdoor recreation,
sports fishing, water skiing and related healthful activities. [Sec. 3, PD
705].
Seasonal employment. Labor. An employment where an employee is
engaged to work during a particular season on an activity that is
usually necessary or desirable in the usual business or trade of the
employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 317].
Seasonal farmworker. A natural person who is employed on a
recurrent, periodic or intermittent basis by an agricultural enterprise or
farm, whether as a permanent or a non-permanent laborer, such as
"dumaan", "sacada", and the like. [Sec. 3, RA 6657].
Seat belt device. Any strap, webbing or similar device in the form of
pelvic restraint or lap belt, upper torso restraint or shoulder strap or a
combination thereof designed to secure a person in a motor vehicle in
order to mitigate the results of any accident, including all necessary
buckles and other fasteners, and all hardware designed for installing
such seat belt device in a motor vehicle. [Sec. 3, RA 8750].

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1028
Seaworthy. A ship which is reasonably fit to perform the service and to
encounter the ordinary perils of the voyage contemplated by the parties
to the policy. [Sec. 114, IC].
Second. The base unit of time which is the duration of 9 192 631 770
periods of the radiation corresponding to the transition between the
two hyperfine levels of the ground state of the cesium 133 atom. [Sec.
4, BP 8].
Secondary authority. Legal encyclopedias, treatises, legal texts, law
review articles, and citators. Writings which set forth the opinion of the
writer as to the law. [Glossary of Legal Terms (Pro-Se), 2004].
Secondary beneficiaries. The dependent parents and, subject to the
restrictions imposed on dependent children, the illegitimate children
and legitimate descendants. [Art. 167, LC]. Compare with Primary
beneficiaries.
Secondary canal. The channel connected to the main canal which
distributes irrigation to specific areas. [Sec. 4, RA 8435].
Secondary cataract. Also After-cataract. A cataract which occurs
after certain forms of cataract extractions. [Jarillo v. ECC, GR L-52058.
Feb. 25, 1982].
Secondary compulsory heirs. Heirs who may be excluded by other
compulsory heirs. They embrace only parents or ascendants. [Jurado,
Comments & Jurisp. on Succession, 1991 8th Ed., p. 236]. See
Primary compulsory heirs.
Secondary education. The state of formal education following the
elementary level concerned primarily with continuing basic education
and expanding it to include the learning of employable gainful skills,
usually corresponding to four years of high school. [Sec. 20, BP 232].
Secondary evidence. Also Substitutionary evidence. 1. The rule of
evidence that when the original document has been lost or destroyed,
or cannot be produced in court, the offeror, upon proof of its execution
or existence and the cause of its unavailability, without bad faith on his
part, loss or destruction, or unavailability, without bad faith on his part,
may prove its contents in some authentic document, or by the

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1029
testimony of witnesses in the order stated. [Sec. 5, Rule 130, RoC]. 2.
Evidence which is inferior to primary evidence and admissible only in
the absence of the latter. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Primary evidence or Best evidence.
Secondary franchise. See Special franchise.
Secondary liability. See Subsidiary liability.
Secondary meaning doctrine. A word or phrase originally incapable of
exclusive appropriation with reference to an article in the market,
because geographical or otherwise descriptive might nevertheless have
been used so long and so exclusively by one producer with reference to
this article that, in that trade and to that group of the purchasing
public, the word or phrase has come to mean that the article was his
produce. [Ang v. Teodoro, 74 Phil. 56].
Secondary mortgage institution (SMI). An entity created for the
purpose of enhancing a secondary market for residential mortgages
and housing-related asset-backed securities (ABS). [Sec. 3, RA 9267].
Secondary processing. The physical transformation of semi-processed
agricultural or fishery pro-ducts. [Sec. 4, RA 8435].
Second class ricelands. Those which yield forty (40) cavans or less,
the same to be computed upon the normal average harvest of the
three preceding years. [Sec. 14, RA 2263].
Second reading of a bill. The reading in full of the bill with the
amendments proposed by the committee, if any. [Tolentino v. Sec. of
Finance, GR 115455. Aug. 25, 1994].
Secrecy of Bank Deposits Law. RA 1405 entitled An Act prohibiting
disclosure of or inquiry into, deposits with any banking institution and
providing penalty therefor enacted on Sep. 9, 1955.
Secretariat. The chief administrative organ of the United Nations which
is headed by a Secretary General. [Cruz, Intl. Law Reviewer, 1996 Ed.,
p. 35].
Secretary-General. The head of the United Nations Secretariat chosen
by the General Assembly upon the recommendation of the Security

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1030
Council. His term is fixed at five years by resolution of the General
Assembly, with re-election. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 35].
Secret keys. A characteristics style or symbols kept from the knowledge
of others or disclosed confidentially to but one of few. [Sec. 42, RA
5921].
Secret marriage. A legally non-existent phrase but ordinarily used to
refer to a civil marriage celebrated without the knowledge of the
relatives and/or friends of either or both of the contracting parties.
[Rep. v. CA, GR 103047. Sep. 2, 1994].
Secret partner. A partner whose connection with the firm is kept
secret. [Suarez, Intro. to Law, 1995 3rd Ed., p. 120].
Secret partnership. A common law partnership in which the
participation of one or more persons as partners is not disclosed to the
public by any of the partners. All of the partners have unlimited
personal liability. [Intl. Law Dict. & Direct., 2004].
Sectoral organization. A group of citizens or a coalition of groups of
citizens who share similar physical attributes or characteristics,
employment, interest or concerns. [Sec. 3, RA 7941].
Sectoral party. An organized group of citizens belonging to any of the
sectors enumerated in Sec. 5 of RA 7941 whose principal advocacy
pertains to the special interest and concerns of their sector. [Sec. 3, RA
7941].
Sectoral representation. The term implies that the person to be
appointed must possess the necessary qualifications to represent that
particular sector. At the very least, the appointee must actually belong
to the sector which he purports to represent, otherwise there can be no
true representation. [Supangan v. Santos, GR 89072. Aug. 24, 1990].
Secured debts. In bankruptcy, a debt is secured if the debtor gave the
creditor a right to repossess the property or goods used as collateral.
Securities. 1. Shares, participation or interests in a corporation or in a
commercial enterprise or profit-making venture and evidenced by a
certificate, contract, instruments, whether written or electronic in

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character. [Sec. 3, RA 8799]. 2. Shares of stock in a corporation and
rights to subscribe for or to receive such shares. The term includes
bonds, debentures, notes or certificates, or other evidence of
indebtedness, issued by any corporation, including those issued by a
government or political subdivision thereof, with interest coupons or in
registered form. [Sec. 22, NIRC, as amended]. 3. Written evidences of
ownership, interest, or participation, in an enterprise, or written
evidences of indebtedness of a person or enterprise. It includes, but is
not limited to the instruments enumerated in Sec. 2 of the Securities
Act (CA 83, as amended). [Sec. 3, PD 129].
Securities and Exchange Commission (SEC). The national agency originally created under Commonwealth Act No. 83 - which supervises
and monitors the securities industry and exercises jurisdiction and
supervision over all corporations, partnerships or associations, which
are the grantees of primary franchise and/or a license or permit issued
by the government to operate in the Philippines.
Securitization. The process by which assets are sold on a without
recourse basis by the seller to a special purpose entity (SPE) and the
issuance of asset-backed securities (ABS) by the SPE which depend, for
their payment, on the cash flow from the assets so sold and in
accordance with the plan for securitization as approved by the SEC.
[Sec. 3, RA 9267].
Security. Any note, stock, treasury stock, bond, debenture, evidence of
indebtedness, certificate of interest or participation in any profit-sharing
agreement, collateral-trust certificate, pre-organization certificate or
subscription transferable share, investment contract, voting-trust
certificate, certificate of deposit for a security, fractional undivided
interest in oil, gas, or other mineral rights, or, in general, any interest
or instrument commonly known as a security or any certificate of
interest or participation in, temporary or interim certificate for, receipt
for, guarantee of, or warrant or right to subscribe to or purchase, any
of the foregoing. [Sec. 3, RA 2629].
Security Council. The organ of the United Nations primarily responsible
for the maintenance of international peace and security. [Cruz, Intl.
Security interest. A property interest in goods, documents or
instruments to secure performance of some obligations of the entrustee

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1032
or of some third persons to the entruster and includes title, whether or
not expressed to be absolute, whenever such title is in substance taken
or retained for security only. [Sec. 3, PD 115].
Security of tenure. The degree of protection afforded to qualified
Program beneficiaries against infringement or unjust, reasonable and
arbitrary eviction or disposition, by virtue of the right of ownership,
lease agreement, usufruct and other contractual arrangements. [Sec. 3,
RA 7279].
Sedition. Crim. Law. The felony committed by persons who rise publicly
and tumultuously in order to attain by force, intimidation, or by other
means outside of legal methods, any of the following objects: 1. To
prevent the promulgation or execution of any law or the holding of any
popular election; 2. To prevent the National Government, or any
provincial or municipal government or any public officer thereof from
freely exercising its or his functions, or prevent the execution of any
administrative order; 3. To inflict any act of hate or revenge upon the
person or property of any public officer or employee; 4. To commit, for
any political or social end, any act of hate or revenge against private
persons or any social class; and 5. To despoil, for any political or social
end, any person, municipality or province, or the National Government,
of all its property or any part thereof. [Art. 139, RPC].
Seduction. That (which), in law, is more than mere sexual intercourse,
or a breach of promise of marriage; it connotes essentially the idea of
deceit, enticement, superior power or abuse of confidence on the part
of the seducer to which the woman has yielded. [US v. Buenaventura,
27 Phil. 121; US vs Arlante, 9 Phil. 595].
Seed tree system. Partial clearcutting with seed trees left to regenerate
the area. [Sec. 3, PD 705].
Seisin. The legal possession of property. In law, the term refers more
specifically to the possession of land by a freeholder. For example, a
owner of a building has seisin, but a tenant does not, because the
tenant, although enjoying possession, does not have the legal title in
the building. [Duhaime's Legal Dict., 2004].
Seizure. The act of taking possession of property, e.g., for a violation of
law or by virtue of an execution. The term implies a taking or removal

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of something from the possession, actual or constructive, of another
person or persons. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 707].
Seizure of evidence in plain view. Elements: (a)
A prior valid
intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties; (b) the evidence
was inadvertently discovered by the police who had the right to be
where they are; (c) the evidence must be immediately apparent, and
(d) "plain view" justified mere seizure of evidence without further
search. [People v. Aruta, GR 120915. Apr. 13, 1998].
Selective logging. The systematic removal of the mature, over-mature
and defective trees in such manner as to leave adequate number and
volume of healthy residual trees of the desired species necessary to
assure a future crop of timber, and forest cover for the protection and
conservation of soil and water. [Sec. 3, PD 705].
Self-closing doors. Automatic closing doors that are designed to
confine smoke and heat and delay the spread of fire. [Sec. 3, PD 1185].
Self-contradiction. An admission is for a party-opponent what a
self-contradiction is to a witness, i.e., a statement made somewhere
else, and inconsistent with his allegations of claim or defense in the
case on trial. His two statements being inconsistent, one or the other
must be incorrect; hence a doubt is thrown on his present allegation.
He may be able to explain away the other and inconsistent statement;
but unless he does so, the present allegation remains discredited.
[Olave v. CA, GR L-39984. Apr. 30, 1987].
Self-dealing director, trustee or officer. A director, trustee or officer
dealing with his own corporation. The contract of such corporation one
or more of its director, trustee or officer is rendered voidable at the
option of the corporation under Sec. 32 of the Corp. Code.
Self-defense. 1. Crim. Law. The claim that an act otherwise criminal
was legally justifiable because it was necessary to protect a person or
property from the threat or action of another. [Glossary of Legal Terms
(Pro-Se), 2004]. 2. Intl. Law. The right of a state to defend itself when
it can show that the use of force in its own defense is necessary,
justified, and proportionate to the seriousness of the circumstances.

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Self-defense. Essential requisites: (a) unlawful aggression on the part
of the victim, (b) reasonable necessity of the means employed to repel
the aggression, and (c) lack of sufficient provocation on the part of the
accused. [People v. Obzunar, GR 92153. Dec. 16, 1996].
Self-determination. Intl. Law. The right of all peoples to freely
determine their political status and freely pursue their economic, social,
and cultural development. [Intl. Law Dict. & Direct., 2004].
Self-employed. 1. A person who works for himself and is therefore both
employee and employer at the same time. [Sec. 1, RA 9241]. 2.
Persons engaged in business and who derive their personal income
from such business. This includes single proprietorships, i.e.,
manufacturers, traders, market vendors, owners of eateries, farmers
and service shops. [Sec. 2, RA 7496].
Self-executing treaty. Intl. Law. A treaty containing a term that says
that it is directly effective within the signatory states upon ratification.
Self-gratification. See Masturbation.
Self-help doctrine. The right of the owner or lawful possessor of a
thing to exclude any person from the enjoyment and disposal thereof.
For this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical
invasion or usurpation of his property. [Art. 429, CC].
Self-incrimination, right against. 1. The constitutional right of people
to refuse to give testimony against themselves that could subject them
to criminal prosecution. The right is guaranteed in under Art. III, Sec.
17 of the 1987 Phil. Const. which provides: No person shall be
compelled to be a witness against himself. 2. A protection against
testimonial compulsion. It prohibits the use of physical or moral
compulsion to extort communications from the accused, not an
exclusion of his body as evidence when it may be material. Essentially,
the right is meant to avoid and prohibit positively the repetition and
recurrence of the certainly inhuman procedure of compelling a person,
in a criminal or any other case, to furnish the missing evidence
necessary for his conviction. [People v. Codilla, GR 100720-23. June
30, 1993].

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1035
Self-judging reservation. Intl. Law. A reservation that allows a state
to exclude from the jurisdiction of the International Court of Justice any
dispute that it determines is a domestic matter. [Intl. Law Dict. &
Direct., 2000].
Self-serving declarations. 1. Unsworn statements made by the
declarant out of court and which are favorable to his interests.
[Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 320]. 2. Self-serving
declaration is a statement favorable to the interest of the declarant. It
is not admissible in evidence as proof of the facts asserted. The vital
objection to the admission of this kind of evidence is its hearsay
character. Furthermore such declarations are untrustworthy; to permit
their introduction in evidence would open the door to frauds and
perjuries. [Fitzsimmons v. Atlantic, Gulf & Pacific Co., GR L-2016. Aug.
23, 1949, citing 20 Am. Jur., Evid., Sec. 558, pp. 470, 471]. Compare
with Declaration against interest.
Self-serving evidence. Evidence made by a party out of court at one
time; it does not include a party's testimony as a witness in court. It is
excluded on the same ground as any hearsay evidence, that is the lack
of opportunity for cross-examination by the adverse party, and on the
consideration that its admission would open the door to fraud and to
fabrication of testimony. [Natl. Devt. Co. v. Workmen's Compensation
Comm., L-21724, Apr. 27, 1967, 19 SCRA 861].
Self-serving statements. Those made by a party out of court
advocating his own interest; they do not include a party's testimony as
a witness in court. Self-serving statements are inadmissible because the
adverse party is not given the opportunity for cross-examination, and
their admission would encourage fabrication of testimony. [Hernandez
v. CA, GR 104874. Dec. 14, 1993].
Sell. To dispose of by sale. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
708].
Sell a dangerous drug. The act of giving a dangerous drug, whether
for money or any other material consideration. [Sec. 2, RA 6425].
Seller. 1. Consumer Law. A person engaged in the business of selling
consumer products directly to consumers. It shall include a supplier or
distributor if (a) the seller is a subsidiary or affiliate of the supplier or
distributor; (b) the seller interchanges personnel or maintains common

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or overlapping officers or directors with the supplier or distributor; or
(c) the supplier or distributor provides or exercises supervision,
direction or control over the selling practices of the seller. [Art. 4, RA
7394]. 2. Securities Law. The person or entity which conveys to the
special purpose entity (SPE) the assets forming the asset pool in
accordance with the plan for securitization as approved by the SEC. In
most instances, the Seller may itself be the Originator. [Sec. 3, RA
9267].
Selling of false or mutilated coin, without connivance. Crim. Law.
The felony committed by the person who knowingly, although without
connivance, shall possess false or mutilated coin with intent to utter the
same, or shall actually utter such coin. [Art. 165, RPC].
Semen. Legal Med. A viscid, albuminous fluid with faint grayish yellow
color and fishy odor which transports the sperm through the vas
deferens and the erect penis during sexual intercourse. [Olarte, Legal
Med., 1st Ed. (2004), p. 125.
Semi-commercial carabao production. The raising of twenty (20) to
forty-nine (49) carabaos. [Sec. 3, RA 7307].
Semilla or seedling. A part of the fruit of the plant which produces it
when it germinates under proper conditions. [People v. Mesias, 65 Phil.,
267].
Semi-precious coral. Skeleton of anthozoan coelenterate characterized
by a thorny, horny axis, such as the Antipatharians as represented by
the black corals. [Sec. 3, PD 1219].
Semisueo. Sp. The legal term to denote a person who is half asleep,
"semi" being the prefix meaning "half" or "partly," and "sueo" being
"sleep, sleeping, drowsiness. [People v. Salarza, Jr., GR 117682. Aug.
18, 1997].
Semolina. The purified middlings of durum or other hard wheat, used
for macaroni and similar edible pastes; sezings or course middlings.
[Farm Implement Machinery Co. v. Comm. of Customs, GR L-12613.
May 30, 1962, citing Webster's Intl. Dict.].
Semper et ubique. Lat. At all times and everywhere. [Morenos Law
Dict., 2000 Ed., p. 429].

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Semper praesumitur pro matrimonio. Lat. Always presume
marriage. [US v. Villafuerte and Rabano (1905), 4 Phil. 476; Son Cui v.
Guepangco, 22 Phil. 216; US v. Memoracion and Uri (1916), 34 Phil.
633].
Senile cataract. The most common form of cataract occurring after the
age of fifty due to aging or degenerative changes. [Jarillo v. ECC, GR
L-52058. Feb. 25, 1982].
Senile dementia. Childishness. In the first stages of the disease, a
person may possess reason and have will power. [Torres v. Lopez, GR
24569. Feb. 26, 1926].
Senile psychosis. The term is not always synonymous with insanity as
understood by the laity, for in medicine, it signifies only a general
weakening of a mind previously normal. [Morenos Law Dict., 2000 Ed.,
p. 430].
Senior citizen. 1. Any person who is at least sixty (60) years of age.
[Sec. 3, RA 7876]. 2. Any resident citizen of the Philippines at least
sixty (60) years old, including those who have retired from both
government offices and private enterprises, and has an income of not
more than P60,000.00 per annum subject to review by NEDA every
three (3) years. [Sec. 2, RA 7432].
Senior Citizens Center Act of the Philippines. RA 7876 entitled An
Act establishing a senior citizens center in all cities and municipalities of
the Philippines, and appropriating funds therefor enacted on Feb. 14,
1995.
Senior encumbrancer. A lien or mortgage holder who is superior to
another holder or encumbrancer. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Junior encumbrancer.
Senior lien. A prior lien which has precedence as to the property under
the lien over another lien or encumbrance. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 708]. Compare with Junior lien.
Senior mortgage. A mortgage which is of superior priority; above those
which are often referred to as junior mortgages. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 708]. Compare with Junior mortgage.

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Sentence. 1. The punishment ordered by a court for a defendant
convicted of a crime. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The
punishment given to a person who has been convicted (i.e., found to
be guilty) of a crime. It may be time in jail, community service or a
period of probation. [Duhaime's Legal Dict., 2004].
Sentenciador. Referee. See Referee.
Sentencia firme. Sp. Final judgment. [People v. Satorre, GR L-26282.
Aug. 27, 1976].
Separability clause. A clause which states that if for any reason, any
section or provision of the statute is held to be unconstitutional, the
other section or provision of the law shall not be affected thereby.
[Suarez, Stat. Con., (1993), p. 51].
Separate opinion. An opinion written by one or more justices that may
agree or dissent from the majority opinion. [Intl. Law Dict. & Direct.,
2004].
Separation of property regime. The property relations during
marriage where each spouse shall own, dispose of, possess, administer
and enjoy his or her own separate estate, without need of the consent
of the other. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits, natural, industrial or civil,
due or received during the marriage from his or her separate property.
[Art. 145, FC].
Separation pay. Labor. 1. A statutory right defined as the amount that
an employee receives at the time of his severance from the service and
is designed to provide the employee with the wherewithal during the
period that he is looking for another employment. [Aquino v. NLRC, GR
87653, Feb. 11, 1992, 206 SCRA 118]. 2. The amount that an
employee receives at the time of his severance from the service and is
designed to provide the employee with "the wherewithal during the
period that he is looking for another employment. [Santos v. NLRC, GR
L-76721. Sep. 21, 1987].
Septage. The sludge produced on individual onsite wastewater disposal
systems, principally septic tanks and cesspools. [Sec 4, RA 9275].

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Septicemia. Blood poisoning. [Carillo v. People, GR 86890. Jan. 21,
1994].
Septic tank. A water tight receptacle which receives the discharge of a
plumbing system or part thereof, and is designed to accomplish the
partial removal and digestion of the suspended solid matter in the
sewage through a period of detention. [Sec. 71, PD 856].
Septic tank absorption bed or drain field. An underground system of
pipes leading from the outlet of the septic tank, consisting of
open-jointed or perforated pipes so distributed that the effluent from a
septic tank is oxidized and absorbed by the soil. [Sec. 71, PD 856].
Sequester ill-gotten property. To place or cause to be placed under
its possession or control said property, or any building or office wherein
any such property and any records pertaining thereto may be found,
including "business enterprises and entities," for the purpose of
preventing the destruction, concealment or dissipation of, and
otherwise conserving and preserving, the same until it can be
determined, through appropriate judicial proceedings, whether the
property was in truth "ill-gotten," i.e., acquired through or as a result of
improper or illegal use of or the conversion of funds belonging to the
Government or any of its branches, instrumentalities, enterprises,
banks or financial institutions, or by taking undue advantage of official
position, authority, relationship, connection or influence, resulting in
unjust enrichment of the ostensible owner and grave damage and
prejudice to the State. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR
75885. May 27, 1987].
Sequestration. 1. The seizure of private property or assets in the hands
of any person or entity in order to prevent the utilization, transfer or
conveyance of the same for purposes inimical to national security, or
when necessary to protect the interest of the Government or any of its
instrumentalities. It shall include the taking over and assumption of the
management, control and operation of the private property or assets
seized' [Reiterated in PD 1835 (Anti-Subversion Law of 1981, repealed
by PD 1975 prom. on May 2, 1985); Phil. Law Dict., Moreno, 1982 Ed.,
pp. 568-569]. 2. The taking of someone's property, voluntarily (by
deposit) or involuntarily (by seizure), by court officers or into the
possession of a third party, awaiting the outcome of a trial in which
ownership of that property is at issue. [Duhaime's Legal Dict., 2004].
See Judicial deposit.

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Series. Classes of positions in an occupational group with similar
specialized lines work that differ in the difficulty of duties and
responsibilities and are assigned different grades. [Sec. 3, PD 985].
Serious. Important, weighty, momentous, and not trifling.
[Buenaventura v. Benedicto, Adm. Case 137-J. Mar. 27, 1971].
Serious case. A condition of a patient characterized by gravity or
danger wherein based on the objective findings of a prudent medical
officer on duty for the day when left unattended to, may cause loss of
life or cause permanent disability to the patient. [Sec. 2, RA 8344].
Serious illegal detention. Elements: (a) That the offender is a private
individual; (b) that he kidnaps or detains another, or in any manner
deprives the latter of his liberty; (c) that the act of detention is illegal,
not being ordered by any competent authority nor allowed by law; (d)
that any of the following circumstances is present: (d.1) that the
detention lasts for more than five (5) days; or (d.2)
that
it
is
committed by simulating public authority; or (d.3) that any serious
physical injuries are inflicted upon the person kidnapped or threats to
kill him shall have been made; or (d.4) that the person kidnapped or
detained is a minor, female, or a public officer. [People v. Mercado, GR
65152, 30 Aug. 1984, 131 SCRA 501].
Serious injury. A significant impairment in the position of a domestic
industry after evaluation by competent authorities of all relevant factor
of an objective and quantifiable nature having a bearing on the
situation of the industry concerned, in particular, the rate and amount
of the increase in imports of the products concerned in absolute and
relative terms the share of the domestic market take by increased
imports, change in level of sales, production, productivity, capacity
utilization, profit and losses, and employment. [Sec. 4, RA 8800].
Seriously ill mothers. Those who are: with severe infections; in shock;
in severe cardiac or respiratory distress; or dying; or those with other
conditions that may be determined by the attending physician as
serious. [Sec. 3, RA 7600].
Serious misconduct. Misconduct of such a grave and aggravated
character and not merely trivial or unimportant. Such misconduct,
however serious, must, nevertheless, be in connection with the

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employee's work to constitute just cause for his separation. [DOLE
Manual, Sec. 4343.01, cited in Azucena, The Labor Code, Vol. II, Rev.
Ed., 1996, p. 662].
Serious physical injuries. Crim. Law. The felony committed by any
person who shall wound, beat, or assault another, if in consequence of
the physical injuries inflicted, the injured person shall become insane,
imbecile, impotent, or blind; or the person injured shall have lost the
use of speech or the power to hear or to smell, or shall have lost an
eye, a hand, a foot, an arm, or a leg or shall have lost the use of any
such member, or shall have become incapacitated for the work in which
he was therefor habitually engaged; or the person injured shall have
become deformed, or shall have lost any other part of his body, or shall
have lost the use thereof, or shall have been ill or incapacitated for the
performance of the work in which he as habitually engaged for a period
of more than ninety days; or if the physical injuries inflicted shall have
caused the illness or incapacity for labor of the injured person for more
than thirty days. [Art. 263, RPC].
Service. Rem. Law. 1. The act of providing a party with a copy of the
pleading or paper concerned. If any party has appeared by counsel,
service upon him shall be made upon his counsel or one of them,
unless service upon the party himself is ordered by the court. Where
one counsel appears for several parties, he shall only be entitled to one
copy of any paper served upon him by the opposite side. [Sec. 2, Rule
13, RoC]. 2. With respect to repair and service firms, services supplied
in connection with a contact for construction, maintenance, repair,
processing, treatment or cleaning of goods or of fixtures on land, or
distribution of goods, or transportation of goods. [Art. 4, RA 7394]. 3.
An act or action, such as work rendered or performed for another. [Intl.
Service and handling charge. A charge for expenses in procuring a
loan which must be a reasonable or fair compensation for the actual
expense or loss incurred or for the actual services rendered. [Morenos
Law Dict., 2000 Ed., p. 431].
Service by mail. Rem. Law. Service by registered mail made by
depositing the copy in the office, in a sealed envelope, plainly
addressed to the party or his counsel at his office, if known, otherwise
at his residence, if known, with postage fully pre-paid, and with
instructions to the postmaster to return the mail to the sender after ten

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(l0) days if undelivered. If no registry service is available in the locality
of either the sender or the addressee, service may be done by ordinary
mail. [Sec. 7, Rule 13, RoC].
Service contractor. Any person, partnership or corporation duly
licensed by the secretary to recruit workers for its accredited projects or
contracts overseas. [Sec. 2, RA 8042].
Service contracts. Infrastructure contracts entered into by any
department, office or agency of the national government with private
entities and non-government organizations for services related or
incidental to the functions and operations of the department, office or
agency concerned. [Claridades, A., Compilation of Notes, 2001-2006].
Service cooperative. One which engages in medical and dental care,
hospitalization, transportation, insurance, housing, labor, electric light
and power, communication and other services. [Art. 23, RA 6938].
Service enterprise. One engaged predominantly in the sale of services
to individuals for their own or household use. [Sec. 1, PD 1634].
Service establishment. One primarily engaged in the sale of service to
individuals for their own or household use and is generally recognized
as such. [Sec. 1, Rule 7, Book 3, IRR of LC].
Service fee. The amount charged by a licensee or authority holder from
its foreign employer-principal/partner as payment for actual services
rendered in relation to the recruitment and employment of workers for
said principal/partner. [Sec. 1, Rule 1, IRR of LC].
Service incentive leave. A leave of five days with pay to which every
employee who has rendered at least one year of service shall be
entitled. [Art. 95, LC].
Service mark. 1. A mark used in the sale or advertising of services to
identify the services of one person and distinguish them from the
services of others and includes without limitation the marks, names,
symbols, titles, designations, slogans, character names, and distinctive
features of radio or other advertising. [Art. 188, RPC]. 2. A mark or
symbol used to identify a person who provides services. [Intl. Law Dict.
& Direct., 2004].

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Service organization. An intergovernmental organization that carries
on some particular program. [Intl. Law Dict. & Direct., 2004].
Service of process. The delivery of writs, summonses, and subpoenas
by delivering them to the party named in the document. Also referred
to as Service. [Glossary of Legal Terms (Pro-Se), 2004].
Service provider. A provider of: I. Online services or network access or
the operator of facilities therefor including entities offering the
transmission, routing, or providing of connections for online
communications, digital or otherwise, between or among points
specified by a user, of electronic documents of the user's choosing; or
II. The necessary technical means by which electronic documents of an
originator may be stored and made accessible to designated or
undesignated third party. [Sec. 5, RA 8792].
Servicer. The entity designated by the special purpose entity (SPE) to
collect and record payments received on the assets, to remit such
collections to the SPE, and perform such other services as may be
specifically required by the SPE, excluding asset management or
administration. [Sec. 3, RA 9267].
Services. 1. Those services that are the subject of a consumer
transaction, either together with, or separate from any kind of personal
property, whether tangible or intangible. [Art. 4, RA 7394]. 2. The
duties, work or functions performed or discharged by a government
officer, or by a private person contracted by the government, as the
case may be. [Sec. 1, PD 426].
Service sectors. Any parts of the economy involving the performance of
a service. [Intl. Law Dict. & Direct., 2004].
Services rendered under compulsion in payment of debt. Crim.
Law. The felony committed by any person who, in order to require or
enforce the payment of a debt, shall compel the debtor to work for
him, against his will, as household servant or farm laborer. [Art. 274,
RPC].
Servient estate. The immovable which is subject to the easement. [Art.
613, CC]. See Dominant estate.

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Servitude. From Lat. servitudo: slavery. A right to the use of another's
property. [Intl. Law Dict. & Direct., 2000]. See also Easement.
Set-off. A counterclaim demand which the defendant holds against the
plaintiff, arising out of a transaction extrinsic of plaintiffs cause of
action. A claim filed by a defendant against the plaintiff when sued and
in which he seeks to cancel the amount due from him or to recover an
amount in excess of the plaintiffs claim against him. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 713].
Setting fire to property exclusively owned by the offender. The
offense committed if the property burned shall be the exclusive
property of the offender, or, if the arson shall have been committed for
the purpose of defrauding or causing damage to another, or, prejudice
shall actually have been caused, or if the thing burned shall have been
a building in an inhabited place. [Art. 326, RPC].
Settlement. An agreement between the parties disposing of a lawsuit.
Settlor. The person who sets up a trust. Also referred to as Grantor.
Several obligation. One by which one individual binds himself to
perform the whole obligation. [Ronquillo v. CA, GR L-55138. Sep. 28,
1984, citing 39 Words & Phrases, Permanent Ed., p. 72].
Severance. Labor. The termination of contractual association (as
employment). [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5,
1991, citing Webster's 3rd New Intl. Dict., 1969 Ed. p. 2081].
Severance pay. Labor. 1. An allowance usually based on length of
service that is payable to an employee on severance except usually in
case of disciplinary discharge. [Marcopper Mining Corp. v. NLRC, GR
83207. Aug. 5, 1991, citing Webster's 3rd New Intl. Dict., 1969 Ed. p.
2081]. 2. Compensation due an employee upon the severance of his
employment status with the employer. [Ibid, citing 48 Am. Jur. 2d.,
Labor and Labor Relations 1242].
Sewage. Water-borne human or animal wastes, excluding oil or oil
wastes, removed from residences, building, institutions, industrial and
commercial establishments together with such groundwater, surface

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water and storm water as maybe present including such waste from
vessels, offshore structures, other receptacles intended to receive or
retain waste or other places or the combination thereof. [Sec 4, RA
9275].
Sewerage. Any system or network of pipelines, ditches, channels, or
conduits including pumping stations, lift stations and force mains,
service connections including other constructions, devices, and
appliances appurtenant thereto, which includes the collection,
transport, pumping and treatment of sewage to a point of disposal.
[Sec 4, RA 9275].
Sex impulse. Legal Med. An irresistible desire to sexual perversion.
Sex tourism. A program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement
for tourists. This includes sexual services and practices offered during
rest and recreation periods for members of the military. [Sec. 3, RA
9208].
Sexual anaesthesia. Legal Med. The absence of sexual desire. [Olarte,
Legal Med., 1st Ed. (2004), p. 115].
Sexual congress. Carnal knowledge. Sexual intercourse. [Claridades,
Sexual exploitation. Participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a
threat, deception, coercion, abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim's vulnerability. [Sec. 3, RA
9208].
Sexual harassment. 1. A work, education or training-related offense
committed by an employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach, trainor, or any
other person who, having authority, influence or moral ascendancy over
another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for
submission is accepted by the object of RA 7877. [Sec. 3, RA 7877]. 2.

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A term used in human rights legislation and referring primarily to
harassment in employment situations, related to sex or gender, which
detrimentally affects the working environment. The most overt variation
of sexual harassment is the quid pro quo offer of work-favor in
exchange for sexual favor. [Duhaime's Legal Dict., 2004].
Sexual intercourse. 1. Carnal copulation of a male and a female
usually implying actual penetration of the organs of the former and
latter. [People v. Batis, GR 94188-89. Dec. 17, 1992, citing Black's Law
Dict., 4th Ed., p. 1541]. 2. Penetration of a man's penis into a woman's
vagina. [Duhaime's Legal Dict., 2004].
Sexually transmitted diseases (STD). Any disease that may be
acquired or passed on through sexual contact. [Sec. 4, RA 8496].
Sexual relations. A single sexual act which may or may not result in
the bearing of a common child. [Sec. 3, RA 9262].
Sexual violence. An act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to: a) rape, sexual
harassment, acts of lasciviousness, treating a woman or her child as a
sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent shows or forcing
the woman or her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser; b) acts causing or
attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or
other harm or coercion; c) Prostituting the woman or child. [Sec. 3, RA
9262].
Shabu. See Methamphetamine hydrochloride or Poor man's
cocaine.
Shall. A word of command, and one which has always or which must be
given a compulsory meaning, and-it is generally imperative or
mandatory. It has the invariable significance of operating to impose a
duty which may be enforced, particularly if public policy is in favor of
this meaning or when public interest is involved, or where the public or
persons have rights which ought to be exercised or enforced, unless a
contrary intent appears. [Perez v. CA, GR 118870. Mar. 29, 1996].

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Shallow tube well (STW). A tube or shaft vertically set into the ground
for the purpose of bringing ground water to the soil surface from a
depth of less than 20 meters by suction lifting. [Sec. 4, RA 8435].
Sham. Something false or empty purporting to be genuine. [Morenos
Law Dict., 2000 Ed., p. 433].
Shameless. An adjective which connotes having or showing no feeling
of shame, modesty or decency; brazen or impudent. [Morenos Law
Dict., 2000 Ed., p. 433].
Share. A portion of a company bought by a transfer of cash in exchange
for a certificate, the certificate constituting proof of share ownership.
Persons owning shares in a company are called shareholders. There are
two basic kinds of shares: common and preferred. [Duhaime's Legal
Dict., 2004].
Share cropper. (Leasehold) Tenant. [Toledo v. Court of Agrarian
Relations, GR L-16054. July 31, 1963].
Shared governance agreement. Intl. Law. An agreement by which
two or more states share in the governance of a territory. [Intl. Law
Shareholder. 1. The term includes a member in an association,
joint-stock company, or insurance company. [Sec. 22, NIRC, as
amended]. 2. The owner of a share interest in a company. [Intl. Law
Dict. & Direct., 2004]. Also known as Stockholder.
Shareholder agreement. A contract between the shareholders of the
company and the company itself, in which certain things, usually the
purview of the board of directors, are detailed. For example, a
shareholder might be allowed to manage the company, instead of a
board of directors. The shareholder agreement will also, typically,
control inflows to the company (purchase of shares), how profits are to
be distributed, dispute resolution and what to do if a shareholder dies.
Share in escrow. Corp. Law. A share subject to an agreement by virtue
of which the share is deposited by the grantor or his agent with a third
person to be kept by the depositary until the performance of a certain

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condition or the happening of a certain event contained in the
agreement. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p.
63, citing cannon v. Handley, 12 P. 315].
Share of stock. Corp. Law. One of the proportionate integers or units of
the capital stock, and in the interest or right which the owner or holder
thereof has in the management of the corporation and to share in the
profits and in the property and assets thereof on dissolution, after
payment of the corporate debts and obligations. [Diaz, Bus. Law Rev.,
1991 Ed., p. 254]. See also Stock.
Share tenancy. The relationship which exists whenever two persons
agree on a joint undertaking for agricultural production wherein one
party furnishes the land and the other his labor, with either or both
contributing any one or several of the items of production, the tenant
cultivating the land personally with the aid of labor available from
members of his immediate farm household, and the produce thereof to
be divided between the landholder and the tenant. [Sec. 166, RA
3844].
Share tenancy. Also Agricultural lease relationship. Elements: (a)
The parties are the landowner and the tenant or agricultural lessee; (b)
the subject matter of the relationship is agricultural land; (c) there is
consent between the parties to the relationship; (d) the purpose of the
relationship is to bring about agricultural production; (e) there is
personal cultivation on the part of the tenant or agricultural lessee, and
(f) the harvest is shared between the landowner and the tenant or
agricultural lessee. [Cuao v. CA, GR 107159. Sep. 26, 1994].
Share tenant. A person who, himself and with the aid available from
within his immediate farm household, cultivates the land belonging to
or possessed by another, with the latter's consent, for purposes of
production, sharing the produce with the landholder. [Delos Reyes v.
Espineli, GR L-28280-81. Nov. 28, 1969].
Shari'a. Arabic. Jurisprudence. 1. The term has the meaning assigned to
it by Islamic law and jurisprudence as expounded by authoritative
sources; in the context of RA 6848, it is construed by reference to
pertinent Quranic ordinances and applicable rules in Islamic
jurisprudence on business transactions. [Sec. 44, RA 6848]. 2. The
Islamic legal system. It is based upon principles found in the Koran and
related writings. [Intl. Law Dict. & Direct., 2004].

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Shari'a District Courts and Shari'a Circuit Courts. Courts of limited
jurisdiction created as part of the judicial system to exercise powers
and functions in accordance with Title I, Book IV of PD 1083 or the
"Code of Muslim Personal Laws of the Philippines."
Shelter-care institution. An institution that provides temporary
protection and care to children requiring emergency reception as a
result of fortuitous events, abandonment by parents, dangerous
conditions of neglect or cruelty in the home, being without adult care
because of crisis in the family, or a court order holding them as
material witnesses. [Art. 117, PD 603].
Sheltered employment. The provision of productive work for disabled
persons
through
workshops
providing
special
facilities,
income-producing projects or homework schemes with a view to giving
them the opportunity to earn a living thus enabling them to acquire a
working capacity required in open industry. [Sec. 4, RA 7277].
Shepardizing. Method for finding subsequent development of a legal
theory by tracing status of a case as legal authority. [Glossary of Legal
Sheriff. The executive officer of a local court. [Jurists Legal Dict., 2004].
Sheriffs return. An official statement by a public official in the
performance of a duty especially enjoined by law and is prima facie
evidence of the facts therein stated. [Morenos Law Dict., 2000 Ed., p.
433].
Shifting. The transfer of the burden of a tax by the original payer or the
one on whom the tax was assessed or imposed to another or someone
else. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53, citing
Seligman, The Shifting and Incidence of Taxation (1910), p. 1].
Ship. Any kind, class or type of craft or artificial contrivance capable of
floating in water, designed to be used, or capable of being used as a
means of water transport in the domestic trade for the carriage of
passengers or cargo, or both, utilizing its own motive power or that of
another. [Sec. 3, RA 9295]. See Vessel.

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Ship agent. One who represents the ownership of the vessel, and who
may, in his own name and in such capacity, take judicial and
extrajudicial steps in matters relating to commerce. [Comm. of Int. Rev.
v. US Lines Co., GR L-16850. May 30, 1962, citing Art. 595, Code of
Commerce].
Shipbuilder or Ship repairer. A citizen of the Philippines, or a
commercial partnership owned by majority of Filipinos or a corporation
incorporated under the laws of the Philippines, the capital of which is
owned or controlled in any proportion by Filipinos or by foreign
nationals, or by both such Filipinos or foreign nationals, or by
corporations whether Filipino or foreign-owned, which is duly
authorized by the Maritime Industry Authority (MARINA) to engage in
the business of shipbuilding or ship repair or to otherwise operate a
shipyard, graving dock or marine repair yard. [Sec. 3, RA 9295].
Shipbuilding. The design, construction, launching and outfitting of all
types of ships and watercraft. [Sec. 3, RA 9295].
Shipbuilding and dry-docking. The construction of vessels, tugboats,
barges, tankers, and all component parts related to the industry,
including dredging and dry-docking equipment. [Sec. 2, RA 4095].
Ship mortgage decree of 1978. PD 1521 signed into law on June 11,
1978.
Shipper. Any person, partnership or corporation who shall procure for
itself the services of a domestic ship operator for the carriage of its
cargo in the domestic trade upon payment of proper compensation.
[Sec. 3, RA 9295].
Shippers order. Terms in a bill of lading which means that the cargo
therein is consigned only to the shipper or to its assignee. Therefore,
the goods can only be released upon presentation of the original bill of
lading by the consignee or its assignee. [Morenos Law Dict., 2000 Ed.,
p. 434].
Ship repair. The overhaul, refurbishment renovation improvement, or
alteration of the hull, machineries, equipment, outfits and components
of all types of ships. [Sec. 3, RA 9295].

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Shipyard. The shipbuilding or re-pair facilities which have the capability
to lift vessels above the waterline in order to effect ship work on
vessels, appendages, structure, machinery and equipment. [Sec. 3, RA
9295].
Shore. That space alternately covered and uncovered by the movement
of the tide. Its interior or terrestrial limit is the line reached by the
highest equinoctial tides. Where the tides are not appreciable, the
shore begins on the land-side at the line reached by the sea during
ordinary storms or tempests. [Amada v. Dir. of Lands, GR 6866. Aug.
31, 1912].
Shortswing transaction. Securities Law. A transaction where a person
buys securities and sells or disposes of the same within a period of six
(6) months. [Suggested Answer for the 1994 Bar, UPLC, (2002), p.
108].
Short-term paper. Any note, draft, bill of exchange, or banker's
acceptance payable on demand or having a maturity at the time of
issuance of not exceeding nine months, exclusive of days of grace, or
any renewal thereof payable on demand or having a maturity likewise
limited; and such other classes of securities, of a commercial rather
than an investment character, as the Securities and Exchange
Commission may designate by rules and regulations. [Sec. 3, RA 2629].
Shutdown. Labor. The willful act of the employer himself, following a
complete lock-out as contrasted to the compulsory stoppage of
operations as a result of a strike and walkout. It can truly be said that
all shutdowns are lockouts, but not all lockouts constitute or effect
shutdowns. [Sta. Mesa Slipways & Engg. Co., Inc. v. CIR, GR L-4521.
Aug. 18, 1952, citing Rethenberg, Labor Rel., pp. 58-59]. Compare with
Lockout.
Sic utere tuo ut alienum non laedas. Lat. So use your property as
not to injure the property of others. [Lim v. Pacquing, GR 115044. Jan.
27, 1995].
SID code. See Source identification code.
Sideline. A local idiom which means an ancillary activity. [De Guzman
v. CA, GR L-47822. Dec. 22, 1988].

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Siga-siga. Tag. Tough characters. [People v. Pea, GR L-36435. Dec.
20, 1977]. Also Maton.
Signature. From Lat. signare: to mark. The name of a person written by
that person, or any distinctive mark meant to authenticate a writing.
Signature by "procuration". Nego. Inst. It operates as notice that the
agent has but a limited authority to sign, and the principal is bound
only in case the agent in so signing acted within the actual limits of his
authority. [Sec. 21, NIL].
Significant cave. A cave which contains materials or possesses features
that have archaeological, cultural, ecological, historical or scientific
value as determined by the DENR in coordination with the scientific
community and the academe. [Sec. 3, RA 9072].
Silent partner. A person who invests in a company or partnership but
does not take part in administering or directing the organization; he
just shares in the profits or losses. [Duhaime's Legal Dict., 2004].
Silviculture. The establishment, development reproduction and care of
forest trees. [Sec. 3, PD 705].
Simbolica, traditio. See Traditio simbolica.
Simple annual rate. The uniform percentage which represents the
ratio, on an annual basis, between the finance charges and the amount
to be financed. It is not the measure of the total amount that is allowed
to be added to the cash price. [Emata v. IAC, GR 72714. June 29,
1989].
Simple donation. One the cause of which is pure liberality (no strings
attached). [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with
Remuneratory donation or Onerous donation.
Simple illegal possession. The sole, simple act of a person who shall,
among others, unlawfully possess any firearm (or) ammunition.
Obviously, possession of any firearm is unlawful if the necessary permit
and/or license therefor is not first obtained. To that act is attached the
penalty of reclusion temporal, maximum, to reclusion perpetua. The
gravamen of the offense in its simplest form is, basically, the fact of

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possession of a firearm without license. [People v. Caling, GR 94784.
May 8, 1992]. Compare with Aggravated illegal possession of
firearm..
Simple illegal possession of firearm, ammunition or explosive.
Illegal possession of firearm, ammunition or explosive where no other
offense is committed with the use of such firearm, ammunition or
explosive. [Sec. 1, PD 1745].
Simple imprudence. It consists in the lack of precaution displayed in
those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest. [Art. 365, RPC].
Simple interest. That which is paid for the principal or sum lent, at a
certain rate or allowance, made by law or agreement of parties.
Ed., p. 415]. Compare with Compound interest.
Simple loan or mutuum. Money or other consumable thing, delivered
by one of the parties to another, upon the condition that the same
amount of the same kind and quality shall be paid. [Art. 1933, CC].
Simple negligence. A mere lack of prevision in a situation where either
the threatened harm is not immediate or the danger not openly visible.
[People v. Vistan, 42 Phil. 112-113 (1921)].
Simple Resolution. A formal motion passed by a majority of a single
legislative chamber. Examples: Resolution to extend sympathy on the
death of a member; Resolution to express thanks to anyone; Resolution
to create a committee. [Suarez, Stat. Con., (1993), p. 59].
Simple seduction. The seduction of a woman who is single or a widow
of good reputation, over twelve but under eighteen years of age,
committed by means of deceit. [Art. 338, RPC]. Compare with
Qualified seduction.
Simple state. Intl. Law. A state where the direction of domestic and
foreign affairs is placed in a central authority. An example is the
Philippines. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. Compare with
Composite state.

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Simple substitution. Also common or vulgar substitution. The
designation by the testator of one or more persons to substitute the
heir or heirs instituted in case such heir or heirs should die before him,
or should not wish, or should be incapacitated to accept the
inheritance. [Art. 859, CC].
Simplified net income taxation. A tax scheme for the self-employed
and professionals engaged in the practice of their profession under the
NIRC. [RA 7496].
Simulated marriage. A marriage lacking the essential elements which,
before the eyes of the law, is not a marriage at all. [Morenos Law Dict.,
2000 Ed., p. 435].
Simulation. 1. Assumption of appearance which is feigned, false,
deceptive, or counterfeit. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
720]. 2. Simulation may be absolute or relative. [Art. 1345, CC]. See
Absolute simulation and Relative simulation.
Simulation of a contract. The fact that the apparent contract is not
really desired or intended to produce legal effects or in any way alter
the juridical situation of the parties. Thus, where a person, in order to
place his property beyond the reach of his creditors, simulates a
transfer of it to another, he does not really intend to divest himself of
his title and control of the property; hence, the deed of transfer is but a
sham. [Felix Vda. De Rodriguez v. Rodriguez, GR L-23002. July 31,
1967].
Simulation of birth. The tampering of the civil registry making it
appear in the birth records that a certain child was born to a person
who is not his/her biological mother, causing such child to lose his/her
true identity and status. [Sec. 3, RA 8552].
Simulation of births, substitution of one child for another and
concealment or abandonment of a legitimate child. Crim. Law.
The felony committed by any person who shall simulate births,
substitute one child for another, or conceal or abandon any legitimate
child with intent to cause such child to lose its civil status, or any
physician or surgeon or public officer who, in violation of the duties of
his profession or office, shall cooperate in the execution of any of the
foregoing crimes. [Art. 347, RPC].

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Sine animo revertendi. Lat. Without any intention of returning.
[Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9,
1916].
Sine die. Lat. Adjourned without giving any future date of meeting or
hearing. A court that adjourns sine die essentially dismisses the case by
saying that it never wants to hear the case again! A meeting which
adjourns sine die has simply not set a date for it's next meeting.
Sine spe recuperandi. Lat. Without any hope of recovering. [Erlanger
& Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916].
Singapore import parity (SIP). The deemed landed cost of a
petroleum product imported from Singapore at a free-on-board price
equal to the average Singapore Posting for that product at the time of
loading. [Sec. 4, RA 8479].
Singapore posting. The price of petroleum products periodically posted
by oil refineries in Singapore and reported by independent international
publications. [Sec. 4, RA 8479].
Single cab chassis. A motor vehicle with complete engine power train
and chassis equipped with a cab that has a maximum of two (2) doors
and only (1) row of seats. [RA 9224].
Single-family attached. A dwelling containing two or more separate
living units each of which is separated from another by party or lot lines
walls and provided with independent access, services, and use of land.
Such dwellings shall include duplexes, row houses or terraces, and
cluster housing. [Sec. 3, BP 220].
Single-family detached. A dwelling for one family which is completely
surrounded by permanent open spaces, with independent access,
services, and use of land. [Sec. 3, BP 220].
Single larceny doctrine. The taking of several things, whether
belonging to the same or different owners, at the same time and place
constitutes but one larceny. [Defensor-Santiago v. Garchitorena, GR
109266. Dec. 2, 1993].

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Single renvoi. The referral by the forum court to the conflict rules of a
foreign state, but not to that state's renvoi rules. This may result in a
reference back to the forum's domestic law (remission) or a reference
to the domestic law of a third state (transmission). [Tetley, Glossary of
Sin perjuicio decision. Rem. Law. A decision which does not contain a
statement of the facts which are essential to a clear understanding of
the issues presented by the respective parties as to the facts involved.
[Dir. of Lands v. Sanz, 45 Phil. 117, 121 (1923)].
Site description location. The exact location of the property being
appraised situated in a certain locality by way of the technical
descriptions on the land title (TCT) aside from the address mentioned
where it is situated. [Memo. from the Exec. Sec. dated Aug. 20, 1998].
Situation. Intl. Law. The initial stage of a dispute where the
disagreement has not yet ripened into an actual conflict or where the
issues have not yet been sufficiently formulated and defined. [Cruz,
Situs of taxation. It literally means a place of taxation; the country that
has the power and jurisdiction to levy and collect the tax. [Teodoro &
De Leon, Law on Income Taxation, 11th Ed. (2001), p. 7].
Situs rule. See Source rule.
Situs theory. Also Eclectic theory. The capacity, legal condition, or
status of an individual should be governed not necessarily by the law of
his nationality but by the law of the place (situs) where an important
element of the problem occurs or is situated. [Paras, Phil. Conflict of
Laws, 8th Ed. (1996), p. 209].
Sixty (60) day freedom period. Labor. The last sixty (60) days of the
collective bargaining agreement (CBA) during which a petition for the
conduct of a certification election may be filed by a legitimate labor
organization. Any petition filed before or after the sixty-day freedom
period shall be dismissed outright. [Sec. 6, Rule V of LC].
SK. Sangguniang Kabataan.

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Skill. The acquired and practiced ability to carry out a task or job. [Sec.
4, RA 7796].
Skills development. The process through which learners and workers
are systematically provided with learning opportunities to acquire or
upgrade, or both, their ability, knowledge and behavior pattern
required as qualifications for a job or range of jobs in a given
occupational area. [Sec. 4, RA 7796].
Skills standards. A level or graduated levels of proficiency generally
accepted by industry in specific jobs, tasks, trades or occupations. [Sec.
Sky rocket. Also called Kwitis. A large version of a baby rocket
designed to be propelled to a height of forty (40) to fifty (50) feet
before exploding. [Sec. 2, RA 7183].
Slander. 1. The speaking of base and defamatory words which tend to
prejudice another in his reputation, office, trade, business or means of
livelihood. [Victorio v. CA, GR 32836-37. May 31, 1989, citing 33 Am.
Jur. 39]. 2. Spoken defamation which tends to injure a person's
reputation. [Glossary of Legal Terms (Pro-Se), 2004]. See Libel or
Oral defamation.
Slander by deed. Crim. Law. The felony committed by any person who
shall perform any act not included and punished in Title 13 of the Rev.
Penal Code, which shall cast dishonor, discredit or contempt upon
another person, or even if said act is not of a serious nature. [Art. 359,
RPC].
Slavery. Crim. Law. 1. The felony committed by anyone who shall
purchase, sell, kidnap or detain a human being for the purpose of
enslaving him, or for the purpose of assigning the offended party to
some immoral traffic. [Art. 272, RPC]. 2. When a person (called
"master") has absolute power over another (called "slave") including
life and liberty. The slave has no freedom of action except within limits
set by the master. The slave is considered to be the property of the
master and can be sold, given away or killed. [Duhaime's Legal Dict.,
2004].
Slight illegal detention. Crim. Law. The felony committed by any
private individual who shall commit the crimes described in Art. 267 of

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the Rev. Penal Code without the attendance of any of circumstances
enumerated therein, or by anyone who shall furnish the place for the
perpetration of the crime, or by the offender who shall voluntarily
release the person so kidnapped or detained within three days from the
commencement of the detention, without having attained the purpose
intended, and before the institution of criminal proceedings against
him. [Art. 268, RPC].
Slight physical injuries. Crim. Law. The felony committed when the
offender has inflicted physical injuries which shall incapacitate the
offended party for labor from one to nine days, or shall require medical
attendance during the same period, or when the offender has caused
physical injuries which do not prevent the offended party from
engaging in his habitual work nor require medical assistance. [Art. 266,
RPC].
Slow ahead. A maritime maneuver equivalent to five to six miles per
hour. [Morenos Law Dict., 2000 Ed., p. 437].
Slowdown. Labor. A strike on the installment plan. A willful reduction in
the rate of work by concerted action of workers for the purpose of
restricting the output of the employer, in relation to a labor dispute; as
an activity by which workers, without a complete stoppage of work,
retard production or their performance of duties and functions to
compel management to grant their demands. [Ilaw at Buklod ng
Manggagawa v. NLRC, GR 91980. June 27, 1991].
Sludge. Any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water
control pollution facility, or any other such waste having similar
characteristics and effects. [Sec 4, RA 9275].
Sluice box. A rectangular, wooden launder provided with side walls and
cross pieces of sawn lumber or round poles, metallic screen jute cloth
or a combination of both, on its floor to retain gold. [Sec. 12, PD 1150].
Sluicing. Recovering gold by the use of sluice boxes. [Sec. 12, PD
1150].
Slum community. Also Depressed community. The term referred to
in P.D. 2016 cannot be considered additional beneficiaries of the Urban

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Land Reform Law (PD 1517) but merely additional places or properties
covered under the said law.
Slum Improvement and Re-settlement Program (or SIR). The
program of the National Housing Authority (NHA) of upgrading and
improving blighted squatter areas outside of Metro Manila pursuant to
existing statutes and pertinent executive issuances. [Sec. 3, RA 7279].
Small agricultural producer. Any self-employed individual who,
himself or with his family, provides the primary labor requirement of
business enterprise or one who earns at least fifty percent (50%) of
gross income from the payment, proceeds or income of the labor
provides. [Sec. 4, RA 7607].
by
his
his
he
Small and medium enterprise (SME). Any business activity or

enterprise engaged in industry, agribusiness and/or services, whether
single proprietorship, cooperative, partnership or corporation whose
total assets, inclusive of those arising from loans but exclusive of the
land on which the particular business entity's office, plant and
equipment are situated, must have value falling under the following
categories: Micro: not more than P1,500,000; Small: P1,500,001 to
P15,000,000; and Medium: P15,000,001 to P60,000,000. [Sec. 4, RA
8435].
Small cattle. Also known as Ganado lanar y cabrio. The terms lanar
and cabrio refer to sheep and goats, respectively. [[People v. Nazareno,
GR L-40037. Apr. 30, 1976, citing Velasquez, Spanish and English Dict.,
1967 Ed., p. 124, 354, 421 and 115].
Small farmers. Natural persons dependent on small-scale subsistence
farming as their primary source of income and whose sale, barter or
exchange of agricultural products do not exceed a gross value
P180,000 per annum based on 1992 constant prices. [Sec. 4, RA 7607].
Small farmers and fisherfolk. Natural persons dependent on
small-scale subsistence farming and fishing activities as their primary
source of income. [Sec. 4, RA 8435].
Smallholder farmer. A farmer owning or cultivating five (5) hectares or
less of farmland. [Sec. 3, RA 7307].

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Small property owners. Those whose only real property consists of
residential lands not exceeding three hundred square meters (300 sq.
m.) in highly urbanized cities and eight hundred square meters (800 sq.
m.) in other urban areas. [Sec. 3, RA 7279].
Small savers instrument (SSI). An evidence of indebtedness of the
Government of the Republic of the Philippines which shall be in small
denominations and sold at a discount from its redemption value,
payable to bearer and redeemable on demand according to a schedule
printed on the instrument, with a discount lower than the full stated
rate if not held to maturity. The resources generated under this scheme
shall be used primarily for micro-credit for the poor. SSIs are not
eligible as legal reserve of banks and legal reserves prescribed of
insurance companies operating in the Philippines. [Sec. 3, RA 8425].
Small-scale fishing. See Municipal fishing.
Small-scale mining. Mining activities which rely heavily on manual
labor using simple implement and methods and do not use explosives
or heavy mining equipment. [Sec. 3. RA 7076].
Small-scale mining contract. Co-production, joint venture or mineral
production sharing agreement between the State and a small-scale
mining contractor for the small-scale utilization of a plot of mineral
land. [Sec. 3. RA 7076].
Small-scale mining contractor. An individual or a cooperative of
small-scale miners, registered with the SEC or other appropriate
government agency, which has entered into an agreement with the
State for the small-scale utilization of a plot of mineral land within a
people's small-scale mining area. [Sec. 3. RA 7076].
Smelting. Melting or fusing of metallic ores or compounds so as to
separate impurities from pure metals. [Sec. 3, PD 1185].
Smoking. The act of carrying a lighted cigarette or other tobacco
products, whether or not it is being inhale or smoked. [Sec. 4, RA
9211].
SNITS. Simplified net income taxation scheme.

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Social barriers. The characteristics of institutions, whether legal,
economic, cultural, recreational or other, any human group,
community, or society which limit the fullest possible participation of
disabled persons in the life of the group. Social barriers include
negative attitudes which tend to single out and exclude disabled
persons and which distort roles and inter-personal relationships. [Sec.
4, RA 7277].
Socialized and economic housing. A type of housing project provided
to moderately low income families with lower interest rates and longer
amortization periods. [Sec. 3, BP 220].
Socialized housing. Housing pro-grams and projects covering houses
and lots or homelots only undertaken by the Government or the private
sector for the underprivileged and homeless citizens which shall include
sites and services development, long-term financing, liberalized terms
on interest payments, and such other benefits in accordance with the
provisions of the law. [Sec. 3, RA 7279].
Social justice. It is neither communism, nor despotism, nor atomism,
nor anarchy, but the humanization of laws and the equalization of
social and economic forces by the State so that justice in its rational
and objectively secular conception may at least be approximated. Social
justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure economic
stability of all the component elements of society, through the
maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or
extra-constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of salus
populi est suprema lex. Social justice, therefore, must be founded on
the recognition of the necessity of interdependence among divers and
diverse units of a society and of the protection that should be equally
and evenly extended to all groups as a combined force in our social and
economic life, consistent with the fundamental and paramount
objective of the state of promoting the health, comfort, and quiet of all
persons, and of bringing about 'the greatest good to the greatest
number. [Justice Laurel in Calalang v. Williams, 70 Phil., 726].
Social legislation. Laws that pro-vide particular kinds of protection or
benefits to society or segments thereof in furtherance of social justice.

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1999, p. 8].
Social reform. The continuing process of addressing the basic inequities
in Filipino society through a systematic, unified and coordinated
delivery of socio-economic programs or packages. [Sec. 3, RA 8425].
Social Reform and Poverty Alleviation Act. RA 8425 entitled An Act
institutionalizing the social reform and poverty alleviation program,
creating for the purpose the National Anti-Poverty Commission, defining
its powers and functions, and for other purposes enacted on Dec. 11,
1997.
Social Security Act of 1987. RA 8282 entitled An Act further
strengthening the Social Security System thereby amending for this
purpose Republic Act No. 1161, as amended, otherwise known as the
Social Security Law enacted on May 1, 1997.
Social Security System (SSS). The Social Security System created
under RA 1161, as amended. [Sec. 1, RA 9241].
Social work. The profession which is primarily concerned with organized
social service activity aimed to facilitate and strengthen basic social
relationships and the mutual adjustment between individuals and their
social environment for the good of the individual and of society. [Sec.
1, RA 4373].
Social work agency. A person, corporation or organization, private or
governmental, that engages mainly and generally, or represents itself
to engage in social welfare work, whether casework, group work, or
community work, and obtains its finances, either totally or in part, from
any agency or instrumentality of the government and/or from the
community by direct or indirect solicitations and/or fund drives, and/or
private endowment. [Sec. 1, RA 4373].
Social worker. A practitioner who by accepted academic training and
social work professional experience possesses the skill to achieve the
objectives as defined and set by the social work profession, through the
use of the basic methods and techniques of social work (casework,
group work, and community organization) which are designed to enable
individuals, groups and communities to meet their needs and to solve
the problems of adjustment to a changing pattern of society and,

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through coordinated action, to improved economic and social
conditions, and is connected with an organized social work agency
which is supported partially or wholly from government or community
solicited funds. [Sec. 1, RA 4373].
Sociedad anonima. Sp. Anonymous partnership. [Reyes v. Compaia
Maritima, GR 1133. Mar. 29, 1904].
Socio-culturally sound. The consideration of the social structure of the
community such as leadership pattern, distribution of roles across
gender and age groups, the diversity of religion and other spiritual
beliefs, ethnicity and cultural diversity of the population. [Sec. 4, RA
8435].
Sodomy. 1. Anal copulation by sexual deviants or copulation with a
beast. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. 2. Unnatural sex
acts, including copulation, either between two persons of the same sex
or between a person and an animal (the latter act is known as
bestiality). [Duhaime's Legal Dict., 2004].
Solar month. See Civil month.
Solemn contracts. Contracts which the law itself requires to be in some
particular form (writing) in order to make them valid and enforceable.
[Dauden-Hernaez v. Delos Angeles, GR L-27010. Apr. 30, 1969].
Sole practitioners. The term lawyers who practice alone are often
called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991].
Solicitation Permit Law. PD 1564 entitled Amending Act No. 4075,
otherwise known as the Solicitation Permit Law signed into law on
June 11, 1978.
Solicitor. A lawyer that restricts his practice to the giving of legal advice
and does not normally litigate. [Duhaime's Legal Dict., 2004].
Solicitor General. The principal law officer and legal defender of the
(Philippine) Government. [Sec. 34, Chap. 12, EO 292].
Solidary. Jointly and/or severally; individually and/or collectively; in
solidum. [Diaz, Bus. Law Rev., 1991 Ed., p. 26].

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Solidary co-debtors. Debtors either of whom is indispensable and are
not even indispensable parties because complete relief may be obtained
from either. Compare with Joint debtor.
Solidary or joint and several obligation. An obligation in which each
debtor is liable for the entire obligation, and each creditor is entitled to
demand the whole obligation. [Inciong v. CA, GR 96405. June 26, 1996,
citing Tolentino, Civil Code of the Phil., Vol. IV, 1991, Ed., p. 217].
Compare with Joint obligation.
Solo parent. Any individual who falls under any of the following
categories: (a) A woman who gives birth as a result of rape and other
crimes against chastity even without a final conviction of the offender:
Provided, That the mother keeps and raises the child; (b) parent left
solo or alone with the responsibility of parenthood due to death of
spouse; (c) parent left solo or alone with the responsibility of
parenthood while the spouse is detained or is serving sentence for a
criminal conviction for at least one (1) year; (d) parent left solo or
alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;
(e) parent left solo or alone with the responsibility of parenthood due to
legal separation or de facto separation from spouse for at least one (1)
year, as long as he/she is entrusted with the custody of the children; (f)
parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as decreed by a court or
by a church as long as he/she is entrusted with the custody of the
children; (g) parent left solo or alone with the responsibility of
parenthood due to abandonment of spouse for at least one (1) year;
(h) unmarried mother/father who has preferred to keep and rear
her/his child/children instead of having others care for them or give
them up to a welfare institution; (i) any other person who solely
provides parental care and support to a child or children; (j) any family
member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the
parents or solo parent. [Sec. 3, RA 8972].
Solutio indebiti. 1. A civil law concept whereby the obligation to return
something arises if it was received when there is no right to demand it,
and it was unduly delivered through mistake. [Art. 2154, CC]. 2. A tie
or juridical relation which, by virtue of a payment of what is not due,
made through mistake, is created between the person who paid and
the one who received the payment, compelling the latter in

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consequence thereof, to return what he has received. [Torres, Oblig. &
Cont., 2000 Ed., p. 291, citing 12 Manresa, p. 588]. 3. It is one of the
concrete manifestations of the ancient principle that no one shall
unjustly enrich himself at the expense of another. [Velez v. Balzara, 73
Phil. 630].
Solutio indebiti. Requisites: (a) That something has been received
when there was no right to demand it and (b) the same was unduly
delivered through mistake. [PNB v. CA, GR 97995. Jan. 21, 1993].
Solvency. Ability to pay debts as they mature. Ability to pay debts in the
usual and ordinary course of business. Excess of assets over liabilities.
Solvent bank. One in which its assets exceed its liabilities. [Banco
Filipino Savings and Mortgage Bank v. The Monetary Board, GR 70054.
Dec. 11, 1991].
SONA. State of the Nation Address.
So ordered. The phrase which court decisions generally contain. A
decision, however, is valid and binding when it clearly and distinctly
states the findings of facts and conclusions of law on which it is based.
The phrase "so can very well be omitted in a decision without affecting
its integrity and validity. [Nillo v. CA, GR 54079. June 29, 1989].
Sorcery. The use of power gained from the assistance or control of evil
spirits, especially for divining; divination by black magic; necromancy;
witchcraft. [People v. Sario, GR L-20754 & L-20759. June 30, 1966].
Sound recording. The fixation of the sounds of a performance or of
other sounds, or representation of sound, other than in the form of a
fixation incorporated in a cinematographic or other audiovisual work.
[Sec. 202, RA 8293].
Sound value. Also Net appraised value. The value per appraisal
computed by deducting observed depreciation from appraised value.
[RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992].
Source. The word conveys only one idea, that of origin. [Manila Gas
Corp. v. Coll. Of Int. Rev., GR 42780. Jan. 17, 1936].

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Source identification code (SID code). A system of codes to identify
the source of all optical media mastered, manufactured or replicated by
any establishment or entity. [Sec. 3, RA 9239].
Source of an income. The property, activity or service that produced
the income. [Howden and Co., Ltd. v. Coll. of Int. Rev., 13 SCRA 601
(1965)].
Source rule. Also Situs rule. Taxation of taxable items by the country
of source or location. [Comm. of Int. Rev. v. Procter & Gamble Phil., GR
66838. Dec. 2, 1991]. Compare with Domiciliary or nationality
principle.
Sovereign. It has two meanings. The first one is a technical word for
the monarch (king or queen) of a particular country as in "the
Sovereign of England is Queen Elizabeth." The other meaning of the
word is to describe the supreme legislative powers of a state: that they
are totally independent and free from any outside political control or
authority over their decisions. [Duhaime's Legal Dict., 2004].
Sovereign equality of states principle. Under the principle, one state
cannot assert jurisdiction over another in violation of the maxim par in
parem non habet imperium (an equal has no power over an equal).
[Jusmag v. NLRC, GR 108813. Dec. 15, 1994, citing Cruz, Phil. Pol.
Law, 1991 Ed., p. 29].
Sovereign immunity. The doctrine that the government, state or
federal, is immune to lawsuit unless it give its consent. [Glossary of
Sovereign immunity, classical or absolute theory of. According to
the classical or absolute theory, a sovereign cannot, without its
consent, be made a respondent in the courts of another sovereign.
[USA v. Ruiz, 136 SCRA 487 (1987)].
Sovereign immunity, newer or restrictive theory of. According to
the newer or restrictive theory, the immunity of the sovereign is
recognized only with regard to public acts or acts jure imperii of a state,
but not with regard to private acts or acts jure gestionis. [USA v. Ruiz,
136 SCRA 487 (1987)].

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Sovereign or state immunity. Doctrine that municipal courts must
decline to hear suits against foreign sovereigns. [Intl. Law Dict. &
Direct., 2004].
Sovereignty. Pol. Law. The right to exercise the functions of a State to
the exclusion of any other State. It is often referred to as the power of
imperium, which is defined as the government authority possessed by
the State. On the other hand, dominion, or dominium, is the capacity of
the State to own or acquire property such as lands and natural
resources. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR
135385, Dec. 6, 2000].
Sovereignty of the skies principle. Intl. Law. Assertion made by
states that they have complete and exclusive sovereignty over the
airspace above their territories. [Intl. Law Dict. & Direct., 2004].
Sower in bad faith. A sower who sows knowing that the land does not
belong to him and that he has no right to sow thereon. [Morenos Law
Dict., 2000 Ed., p. 439].
Spaghetti. A variety of alimentary paste made in cords of small diameter
but larger than vermicelli and solid (not tubular as in macaroni). [Farm
Implement Machinery Co. v. Comm. of Customs, GR L-12613. May 30,
1962, citing Webster's Intl. Dict.].
Spanish Crown titles. Titles granted by the Spanish Crown are: (a) the
titulo real or royal grant, (b) the concession special or special grant; (c)
the "the composicion con el estado" title or adjustment title; (d) the
titulo de compra or title by purchase and (e) the informacion
possessoria or possessory information title which could become a "titulo
gratuito" or a gratuitous title. [Dir. of Forestry v. Muoz, GR L-25459.
June 28, 1968].
Spare parts. 1. The replacement parts or components of vessel,
including but not limited to its hull, engines, machineries, equipment,
appurtenances, necessaries accessories, article, supplies, materials,
steel plates, aluminum plates, other metal plates, communications,
equipment, and other parts or components thereof, installed abroad the
ships necessary for its safe and efficient navigation and operation. [Sec.
3, RA 9295]. 2. Also Manufactured components. Any article designed or
manufactured for the special purpose of being used or to replace, a
component or integral part of a machine, equipment, vehicle or

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industrial plant and which by reason of some characteristics is generally
classified as capital goods and, is primarily adapted for use a
component part of such machines, equipment, vehicles or industrial
plant, as may be allowed by any implementing rules and regulations.
[Sec. 12, PD 1419]. 3. Metallic parts exclusively for railroad rolling
stocks, irrigation and waterworks equipment, mining equipment, farm
machineries, gasoline and diesel engines. [Sec. 2, RA 4095].
Sparklers. Pyrotechnic devices usually made of black powder on a piece
of wire or inside a paper tube designed to light up and glow after
igniting. [Sec. 2, RA 7183].
Sparrow unit. The liquidation squad of the New People's Army with the
objective of overthrowing the duly constituted government. [People v.
Dasig, GR 100231. Apr. 28, 1993].
Special. Designed for a particular purpose; confined to a particular
purpose, object, person, or class and is, therefore, the antonym of
general. [Rep. v. Asuncion, GR 108208. Mar. 11, 1994, citing Black's
Law Dict. 1397 (6th Ed., 1990)].
Special administrator. 1. The person appointed by the court, when
there is delay in granting letters testamentary or of administration by
any cause including an appeal from the allowance or disallowance of a
will, to take possession and charge of the estate of the deceased until
the questions causing the delay are decided and executors or
administrators appointed. [Sec. 1, Rule 80, RoC]. 2. The representative
of decedent appointed by the probate court to care for and preserve his
estate until an executor or general administrator is appointed. [Jones v.
Minnesota Transfer R. Co. 1965 ed., at 106 cited in Fule v. CA, 74 SCRA
189].
Special agency. An agency that comprises all the business of the
principal. [Art. 1876, CC]. Compare with General agency.
Special agent. A public official, who must not only be specially
commissioned to do a particular task but that such task must be foreign
to said official's usual governmental functions. A private individual
commissioned by the government for a special governmental task.
[Fontanilla v. Maliaman, GR 55963. Dec. 1, 1989].

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Special appropriations bill. A bill (in Congress) which specifies the
purpose for which it is intended, and is supported by funds actually
available as certified by the National Treasurer, or to be raised by a
corresponding revenue proposed therein. [Sec. 25(4), Art. VI, 1987
Const.]. Compare with General appropriations bill.
Special assessment. Taxation. An enforced proportional contribution
from owners of lands especially or peculiarly benefited by public
improvements. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16].
Special crossed check. A check on which are placed two parallel lines
diagonally on the left top portion of the check and between such lines
is written the name of a bank or a business institution, in which case
the drawee should pay only with the intervention of that bank or
company. [State Investment House v. IAC, GR 72764. July 13, 1989].
Compare with General crossed check.
Special crossing. The crossing of a check where the name of a bank or
a business institution is written between the two parallel lines, which
means that the drawee should pay only with the intervention of that
company. [Associated Bank v. CA, GR 89802. May 7, 1992]. Compare
with General crossing.
Special day. A special holiday, as provided by the Administrative Code
of 1987. [Associated Labor Unions (ALU)-TUCP v. Letrondo-Montejo,
GR 111988. Oct. 14, 1994].
Special deposit. A delivery of money or other property to a bank for
safe-keeping and return in kind (the same kind). Title to the thing
deposited remains in the depositor, and the bank becomes his agent,
bailee, or trustee. [Morenos Law Dict., 2000 Ed., p. 440].
Special Economic Zone Act of 1995, The. RA 7916 entitled An Act
providing for the legal framework and mechanisms for the creation,
operation, administration, and coordination of special economic zones
in the Philippines, creating for this purpose, the Philippine Economic
Zone Authority (PEZA), and for other purposes enacted on Feb. 24,
1995.
Special economic zones (SEZ). Selected areas with highly developed
or which have the potential to be developed into agro-industrial,
industrial, tourist/ recreational, commercial, banking, investment and

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financial centers. An Ecozone may contain any or all of the following:
industrial estates (IEs), export processing zones (EPZs), free trade
zones, and tourist/recreational centers. [Sec. 4, RA 7916].
Special indorsement. Nego. Inst. An indorsement that specifies the
person to whom, or to whose order, the instrument is to be payable,
and the indorsement of such indorsee is necessary to the further
negotiation of the instrument. [Sec. 34, NIL].
Special injury. Material, moral and physical injury sustained by a
property owner and members of his family, and not shared by the
general public, by reason of a public nuisance. [Morenos Law Dict.,
2000 Ed., p. 440].
Specialization. Training to consolidate, deepen and broaden skills and
knowledge for a particular task, function or aspect of a worker's
occupation. [Sec. 1, Rule 1, Book 2, IRR of LC].
Specialized agencies. International bodies which, while not part of the
United Nations, have been brought into close contact with it because of
their purposes and functions. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
24].
Special judgment. A judgment that requires the performance of an act
other that (a) the payment of money; and (b) the sale of real property.
Special law. A law which is different from others of the same general
kind or design for a particular purpose or limited in range or confined to
a prescribed field of action or operation. [Morenos Law Dict., 2000 Ed.,
p. 440].
Special motion. A motion addressed to the discretion of the court.
Special or secondary franchise. The right vested in the corporation
which may ordinarily be conveyed or mortgaged under a general power
granted to a corporation to dispose of its property, except such special
or secondary franchises as are charged, with a public use. [JRS
Business v. Imperial Ins., GR L-19891. July 31, 1964]. Compare with
Primary or corporate franchise.

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1071
Special packaging. A packaging that is designed or constructed to be
significantly difficult for children five years of age to open or to obtain a
toxic or harmful amount of the substance contained therein within a
reasonable time and not difficult for normal adults to use properly but
does not mean packaging which all such children cannot open or obtain
a toxic or harmful amount within a reasonable time. [Art. 4, RA 7394].
Special proceeding. A remedy by which a party seeks to establish a
status, a right, or a particular fact. [Sec. 3(c), Rule 1, RoC].
Special project or undertaking. Under Art. 280 of the Labor Code, it
contemplates an activity which was commonly or habitually performed
or such type of work which is not done on a daily basis but only for a
specific duration of time or until the completion of the project. The
services employed are thus necessary or desirable in the employer's
usual business only for the period of time it takes to complete the
project. Without the performance of such services on a regular basis,
the employer's main business is not expected to grind to a halt. [Tucor
Industries, Inc. v. NLRC, GR 96608-09. May 20, 1991].
Special project training. An organized activity or sets of activities in
aid of human resources development which do not fall squarely under
any of the previously described types of activities. [Sec. 1, Rule 1, Book
2, IRR of LC].
Special Protection of Children Against Abuse, Exploitation and
Discrimination Act. RA 7610 entitled An Act providing for stronger
deterrence and special protection against child abuse, exploitation and
discrimination, and for other purposes enacted on June 17, 1992.
Special purpose corporation (SPC). A juridical person created in
accordance with the Corporation Code of the Philippines solely for the
purpose of securitization and to which the Seller makes a true and
absolute sale of assets. [Sec. 3, RA 9267].
Special purpose entity (SPE). Either a special purpose corporation
(SPC) or a special purpose trust (SPT). [Sec. 3, RA 9267].
Special purpose trust (SPT). A trust administered by an entity duly
licensed to perform trust functions under the General Banking Law, and
created solely for the purpose of securities and to which the Seller
makes a true and absolute sale of assets. [Sec. 3, RA 9267].

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1072
Special purpose vehicle. A motor vehicle designed for specific
application such as cement mixer, fire truck, boom truck, ambulance
and/or medical unit, and off-road vehicles for heavy industries and not
for the recreational activities. [RA 9224].
Special retainer. A fee for a particular case or specific service to be
performed by a lawyer. [Morenos Law Dict., 2000 Ed., p. 441].
Special statute. A statute which relates to particular persons, entities or
things of a class. E.g.: Child and Youth Welfare Code. [Suarez, Stat.
Con., (1993), p. 96]. Compare with General statute.
Special time allowance for loyalty. A deduction of one-fifth of the
period of the sentence granted to any prisoner who, having evaded the
service of his sentence under the circumstances mentioned in Art. 58 of
the Rev. Penal Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said Article. [Art. 98, RPC].
Special time deposit. A deposit made with the express understanding
that the same shall be kept for some definite period of time. This is
diametrically opposed to the nature of loan. [Morenos Law Dict., 2000
Ed., p. 441].
Specialty contractor. A person whose operations pertain to the
performance of construction work requiring special skill and whose
principal contracting business involves the use of specialized building
trades or crafts. [Sec. 9, RA 4566].
Specialty principle. Intl. Law. By this principle, a fugitive may be tried
or punished only for a crime specified in the extradition treaty and in
the request for extradition. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
116].
Specific aggravating circumstances. Those which apply to a
particular felony like cruelty in crimes against persons. [Gregorio, Fund.
of Crim. Law Rev., 1997 9th Ed., p. 112].
Specification. 1. Property. The giving of a new form to material
belonging to another, such as when grapes belonging to one person
are converted to wine by another, or marble of one person is made into

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1073
a statue by another. [Tolentino, Civil Code of the Phil., Vol. II, Repr.
2001, p. 99]. 2. Prop. Mgt. Technical description of supplies or property
being requisitioned or ordered, which should be clear and complete,
including if necessary, the specific uses therefor and how acceptability
thereof can be determined. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].
Specific denial. The specification by a defendant of each material
allegation of fact the truth of which he does not admit and, whenever
practicable, the setting forth of the substance of the matters upon
which he relies to support his denial. Where a defendant desires to
deny only a part of an averment, he shall specify so much of it as is
true and material and shall deny only the remainder. Where a
defendant is without knowledge or information sufficient to form a
belief as to the truth of a material averment made in the complaint, he
shall so state, and this shall have the effect of a denial. [Sec. 10, Rule
8, RoC].
Specific performance. 1. A remedy available to a person who has the
right to demand from another the performance of an obligation.
[Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. A remedy requiring a
person who has breached a contract to perform specifically what he has
agreed to do. Specific performance is ordered when damages would be
inadequate compensation. [Glossary of Legal Terms (Pro-Se), 2004]. 3.
A court order directing a party to carry out the obligations it had
contractually promised to do. [Intl. Law Dict. & Direct., 2004].
Specific tax. 1. Tax of a fixed amount imposed by the head or number,
or by some standard of weight or measurement; it requires no
assessment (valuation) other than a listing or classification of the
objects to be taxed. [De Leon, Fundamentals of Taxation, 2000 Ed., p.
14, citing 51 Am. Jur. 53]. 2. A type of excise tax which is imposed and
based on weight or volume capacity or any other physical unit of
measurement. [Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920.
Apr. 28, 1994]. Compare with Ad valorem tax.
Specific undertaking. Labor. A special type of venture or project
whose duration is coterminous with the completion of the project. [Beta
Electric Corp. v. NLRC, GR 86408. Feb. 15, 1990].
Speculate. To enter into a business transaction or venture from which
the profits or return are conjectural because the undertaking is outside

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1074
of the ordinary course of business to purchase or sell with the
expectation of profiting by anticipated, but conjectural, fluctuations in
price; often in a somewhat depreciative sense, to engage in hazardous
business transaction for the chance of an unusually large profit; as to
speculate in coffee, in sugar or in bank stock. [Ortega v. Orcine, GR
L-28317. Mar. 31, 1971, citing Webster's Intl. Dict., 2nd Ed. p. 2417].
Speculative securities. They include all securities to promote or
include the sale of which profit, gain, or advantage unusual in the
ordinary course of legitimate business is in any way advertised or
promised. [Sec. 1 , Act 2581].
Speech, freedom of. The liberty to know, to utter and to argue freely
according to conscience, above all liberties. It thus includes, not only
the right to express one's views, but also other cognate rights relevant
to the free communication of ideas, not excluding the right to be
informed on matters of public concern. [Osmea v. Garcia, GR 132231.
Mar. 31, 1998].
Speedy disposition of cases. The right which is broader than speedy
trial and applies to civil, criminal and administrative cases. [Suarez, Pol.
Law Reviewer, 1st Ed., 2002, pp. 228-229]. Compare with Speedy
trial.
Speedy trial. 1. A trial conducted according to the law of criminal
procedure and the rules and regulations, free from vexatious, capricious
and oppressive delays. [Flores v. People, 61 SCRA 331 (1974)]. 2. A
trial conducted according to the law of criminal procedure and the rules
and regulations, free from vexatious, capricious, and oppressive delays.
[Kalaw v. Apostol, GR 45591. Oct. 15, 1937]. Compare with Speedy
disposition of cases.
Speedy Trial Act of 1998. RA 8493 entitled An Act to ensure a speedy
trial of all criminal cases before the Sandiganbayan, Regional Trial
Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal
Circuit Trial Court, appropriating funds therefor, and for other
Speedy trial, right to. The right of the accused to be free from
vexatious, capricious, and oppressive delays, its salutary objective
being to assure that an innocent person may be free from anxiety and
expense of a court litigation or, if otherwise, of having his guilt

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1075
determined within the shortest possible time compatible with the
presentation and consideration of whatever legitimate defense he may
interpose. [People v. Jardin, 124 SCRA 167, 173; Andres v. Cacdac, 113
SCRA 216].
Speleogem. Relief features on the walls, ceilings and floor of any cave
or lava tube which are part of the surrounding bedrock, including but
not limited to anastomoses, scallops, meander niches, petromorphs and
rock pendants in solution caves and similar features unique to volcanic
caves. [Sec. 3, RA 9072].
Speleothem. Any natural mineral formation or deposit occurring in a
cave or lava tube, including but not limited to any stalactite, stalagmite,
helictite, cave flower, flowstone, concretion, drapery, rimstone or
formation of clay or mud. [Sec. 3, RA 9072].
Spendthrift. 1. One who squanders his substance for the pleasure of
the fleeting moment. [Dir. of Lands v. Abanzado, GR L-21814. July 15,
1975]. 2. On e who spends money profusely and improvidently; a
prodigal; one who lavishes or wastes his estate. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 727].
Sperm. Legal Med. A living organism consisting of a head, neck and tail
which carries the mans genes and is made in the testes and stored in
the seminal vesicles. During sexual intercourse, the sperm is
transported along with a fluid called semen through the vas deferens
and the erect penis. [Olarte, Legal Med., 1st Ed. (2004), p. 125].
Split jurisdiction. Two judicial bodies exercising jurisdiction over an
essentially the same subject matter a situation analogous to split
jurisdiction which is obnoxious to the orderly administration of justice.
[Benguet Corp. v. Leviste, GR 65021. Nov. 21, 1991].
Splitting. 1. Division or breaking up of requisition or order into separate
requisitions or orders, of smaller quantities and amounts, to avoid
review and/or induce approval thereof by higher authorities. [IRR on
Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Dividing or breaking up into
separate parts or portions, or an act resulting in a fissure, rupture,
breach. Within the sphere of government procurement, splitting is
associated with requisitions, purchase orders, deliveries and payments.
[Fonacier v. Sandiganbayan, GR L-50691. Dec. 5, 1994].

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1076
Splitting a single cause of action, effect of. If two or more suits are
instituted on the basis of the same cause of action, the filing of one or
a judgment upon the merits in any one is available as a ground for the
dismissal of the others. [Sec. 4, Rule 2, RoC].
Splitting of cause of action. The practice of dividing one cause of
action into different parts and making each part subject of a separate
complaint. [Albano, Rem. Law Reviewer, 1st Ed., p. 75].
Splitting of payments. It arises when two or more payments for one
or more items involving one purchase order are made in order to avoid
inspection of deliveries; avoid action, review or approval by higher
authorities; (or) avoid public bidding. [Fonacier v. Sandiganbayan, GR
L-50691. Dec. 5, 1994].
Spoliation. A change shown to have been made by one who was the
agent of one of the parties, but without the express or implied
authority, and outside the scope of his employment. [Herrera, Rem.
Law, 1999 Ed., p. 307, citing Walsh v. Hunt, 120 Cal. 46, p. 115].
Compare with Alteration or amendment.
Sponcion or sub speratii. Intl. Law. An undertaking by a person in
behalf of his state, not specifically empowered to center into it. It is an
agreement by an officer not possessing proper authority, and may
require ratification or express acceptance by the State to render it
effective. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), pp.
494-495].
Sponsorship. Any public or private contribution to a third party in
relation to an event, team or activity made with the aim of promoting a
brand of tobacco product, which event, team or activity would still exist
or occur without such contribution. [Sec. 4, RA 9211].
Spontaneous exclamation. A statement or exclamation made
immediately after some exciting occasion by a participant or spectator
and asserting the circumstances of that occasion as it is observed by
him. [People v. Sanchez, GR 74740. Aug. 28, 1992].
Spontaneous statements. Evid. Statements made by a person while a
startling occurrence is taking place or immediately prior or subsequent
thereto with respect to the circumstances thereof. [Sec. 42, Rule 130,
RoC]. Compare with Verbal acts.

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1077
Sports car. A high-powered vehicle, usually a two-seater, especially
manufactured for speed. [Sec. 1, PD 843].
Spouse. Ones wife or husband. [Blacks Law Dict., Abr. 5th Ed. (1983),
p. 728].
Sprinkler system. An integrated network of hydraulically designed
piping installed in a building, structure or area with outlets arranged in
a systematic pattern which automatically discharges water when
activated by heat or combustion products from a fire. [Sec. 3, PD
1185].
Spurious children. 1. Illegitimate children other than natural.
[Claridades, A., Compilation of Notes, 2001-2006]. 2. Children whose
father, at the time of their conception, could not marry the mother,
because he was already married to another woman, and who therefore
fall within the category of illegitimate children other than natural in Art.
287 of the Civil Code. [Morenos Law Dict., 2000 Ed., pp. 442-443].
Compare with Natural children.
Spy. Intl. Law. An individual who, acting clandestinely, or on false
pretenses, obtains or seeks to obtain information in the zone of
operations of a belligerent, with the intention of communicating it to
the hostile party. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138].
Squatter. One who settles on the land of another without any legal
authority. This term is applied particularly to person who settle on the
public land. [Buenavente v. Melchor, GR L-33145. Mar. 30, 1979, citing
3 Mart. La. U.S. 293].
Squatters. Individuals who, without necessarily employing violence,
either physical or moral, and taking advantage of the absence or
tolerance of land owners, succeed in occupying their properties for
residential purposes. [Rep. v. Vda. De Caliwan, GR L-16927. May 31,
1961].
Squatting. Elements: (a) That there be occupation or a taking of
possession of property for residential, commercial or any other
purposes, and (b) that in occupying or taking possession of the
property, the offender did so by force, intimidation or threat or by

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taking advantage of the absence or tolerance of its owner and against
his will. [Jumawan v. Eviota, GR 85512-13. July 28, 1994].
Squatting syndicates. Groups of persons engaged in the business of
squatter housing for profit or gain. [Sec. 3, RA 7279].
Stabilize. The provision of necessary care until such time that the
patient may be discharged or transferred to another hospital or clinic
with a reasonable probability that no physical deterioration would result
from or occur during such discharge or transfer. [Sec. 2, RA 8344].
Stable. Firmly established. [Tatad v. Sec. of Energy, GR 124360. Nov. 5,
1997, citing Webster, New 3rd Intl. Dict., 1993 Ed., p. 2218].
Stab wounds. The phrase is used generically to include all wounds that
may be caused "by weapons such as knives, scissors, three-cornered
files, or ice picks with a circular shaft, all possessing a sharp point but
having blades of different shapes. Stabbing may be done with an ice
pick and the puncture is correctly called a stab wound. [People v.
Espinosa, GR 72883. Dec. 20, 1989].
Stale check. A check where there has been unreasonable delay by the
holder in presenting it for payment. [Martin, Commentaries and Jurisp.
on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 383].
Stale demand. See Laches.
Stalking. An intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the
woman or her child under surveillance directly or indirectly or a
combination thereof. [Sec. 3, RA 9262].
Stall. A shed where goods or merchandise are stored or exposed for sale
whether on wholesale or retail. It cannot be different from a store or
shop where goods are deposited and sold by one engaged in selling
and buying goods. [Morenos Law Dict., 2000 Ed., p. 443].
Standard. 1. A set of conditions to be fulfilled to ensure the quality and
safety of a product. [Art. 4, RA 7394]. 2. A gauge which has been
established by authority, custom or common acceptance as proper and
adequate for a given purpose. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].

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Standard of proof. Indicates the degree to which the point must be
proven. In a civil case, the burden of proof rests with the plaintiff, who
must establish his case by such standards of proof as a preponderance
of evidence or clear and convincing evidence. [Glossary of Legal Terms
(Pro-Se), 2004]. See Burden of proof.
Standards. Voluntary guidelines that specify the same things that
technical regulations mandatorily specify. [Intl. Law Dict. & Direct.,
2004].
Standby letter of credit. A letter of credit obtained by a buyer naming
the seller as a beneficiary. [Intl. Law Dict. & Direct., 2004].
Standing. The legal right to bring a lawsuit. Only a person with
something at stake has standing to bring a lawsuit. [Glossary of Legal
Standing committee. A term of parliamentary law which refers to
those committees which have a continued existence; that are not
related to the accomplishment of a specific, once-only task as are ad
hoc or special committees. Standing committees generally exist as long
as the organization to which it reports exists. [Duhaime's Legal Dict.,
2004].
Standpipe system. A system of vertical pipes in a building to which fire
hoses can be attached on each floor, including a system by which water
is made available to the outlets as needed. [Sec. 3, PD 1185].
Stare decisis. Lat. To stand by decisions. 1. The common law principle
which obliges an inferior court to follow the clear findings in law of a
superior court of the same jurisdiction. Supreme courts and inferior
courts may also hold themselves bound by their own decisions. Nota
bene: Stare decisis is an abbreviation of the full Latin maxim, Stare
decisis et non quieta movere, meaning stand by decisions and do not
disturb the calm." [Tetley, Glossary of Conflict of Laws, 2004]. 2. A
basic principle of the law whereby once a decision (a precedent) on a
certain set of facts has been made, the courts will apply that decision in
cases which subsequently come before it embodying the same set of
facts. A precedent which is binding; must be followed. [Duhaime's Legal
Dict., 2004].

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Stare decisis et no movere. Lat. Follow past precedent and do not
disturb what has been settled. [Torillo v. Leogardo, Jr., GR 77205. May
27, 1991].
Stare decisis et non quieta movere. Lat. Stand by decisions and do
not disturb the calm; From settled precedents, there must be no
departure. 1. This legal maxim has evolved out of an ancient practice of
subscribing to well-settled precedents and if the law is able to attain
some degree of permanence or stability, it is also because of the
judicial adherence to precedents. 2. To stand by decisions and not
disturb settled matters. [Dioquino v. Cruz, GR L-38579. Sep. 9, 1982].
State. Intl. Law. 1. Those groups of people which have acquired
international recognition as an independent country and which have
four characteristics; permanent and large population with, generally, a
common language; a defined and distinct territory; a sovereign
government with effective control; and a capacity to enter into relations
with other states (i.e., recognized by other states). [Duhaime's Legal
Dict., 2004]. 2. A political entity comprising a territory, a population, a
government capable of entering into international relations, and a
government capable of controlling its territory and peoples. [Intl. Law
State. Elements: (a) People; (b) territory; (c) government; and (d)
sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 23].
State continuity principle. Intl. Law. It means that the legal existence
of a state continues notwithstanding changes in the size of its
population or territory or in the form of leadership of its government.
Stated installments. Nego. Inst. Installments whereby the sum as well
the date when each and every installment is due are stated on them
face of the instrument. [Claridades, A., Compilation of Notes,
2001-2006].
State immunity. See Sovereign immunity.
Statelessness. The condition or status of an individual who is born
without any nationality or who loses his nationality without retaining or
acquiring another. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 107].

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Stateless person. A person who is not considered as a national by any
State under the operation of its law. [Frivaldo v. Comelec, GR 120295.
June 28, 1996, citing Yorac, Phil. Treaty; Series, Vol. III, 363].
Statement. In a general sense, an allegation; a declaration of matters
of fact. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 732].
Statement in articulo mortis. See Dying declaration.
Statement of facts. Rem. Law. That part of the appellant's brief which
shall contain a clear and concise statement in a narrative form of the
facts admitted by both parties and of those in controversy, together
with the substance of the proof relating thereto in sufficient detail to
make it clearly intelligible, with page references to the record. [Sec. 13,
Rule 44, RoC].
Statement of the case. Rem. Law. That part of the appellant's brief
which shall contain a clear and concise statement of the nature of the
action, a summary of the proceedings, the appealed rulings and orders
of the court, the nature of the judgment and any other matters
necessary to an understanding of the nature of the controversy, with
page references to the record. [Sec. 13, Rule 44, RoC].
Statement of votes. 1. A machine-generated document containing the
votes obtained by candidates in each precinct in a city/municipality.
[Sec. 2, RA 8436]. 2. A document containing detailed entries of the
votes obtained by each candidate in each of the precincts in a
municipality or in each of the municipalities in a province. [Sec. 2, RA
8046].
State of necessity acts. The acts of a person amounting to
interference with a thing the ownership of which belongs to another
who has no right to prohibit the same if such is necessary to avert an
imminent danger and the threatened damage, compared to the
damage arising to the owner from the interference, is much greater.
The owner may demand from the person benefited indemnity for the
damage to him. [Art. 432, CC].
State of the Nation Address (SONA). The address delivered by the
President before the joint session of Congress at the opening of its
regular session. [Claridades, A., Compilation of Notes, 2001-2006].

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State practice. Intl. Law. The conduct and practices of states in their
dealings with each other. [Intl. Law Dict. & Direct., 2004].
State responsibility. Intl. Law. Liability of a state for the injuries that it
causes to foreign persons. [Intl. Law Dict. & Direct., 2004].
State responsibility doctrine. Intl. Law. 1. The doctrine which holds a
state responsible for any injury sustained by an alien within its
jurisdiction because of an international wrong imputable to it. [Cruz,
Stateroom. A commodious room on shipboard, usually for a captain or
superior ships officer. [Morenos Law Dict., 2000 Ed., p. 444].
State succession principle. Intl. Law. The substitution of one state by
another, the latter taking over the rights and some of the obligations of
the former. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 39].
State witness. Any person who has participated in the commission of a
crime and desires to be a witness for the State, can apply and, if
qualified as determined in RA 6981 and by the Department of Justice,
shall be admitted into the Witness Protection Program whenever the
following circumstances are present: (a) the offense in which his
testimony will be used is a grave felony as defined under the Revised
Penal Code or its equivalent under special laws; (b) there is absolute
necessity for his testimony; (c) there is no other direct evidence
available for the proper prosecution of the offense committed; (d) his
testimony can be substantially corroborated on its material points; (e)
he does not appear to be most guilty; and (f) he has not at any time
been convicted of any crime involving moral turpitude. [Sec. 10, RA
6981].
State witness. Requisites: (a) There is absolute necessity for the
testimony of the accused whose discharge is requested; (b) there is no
other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused; (c) the testimony of
said accused can be substantially corroborated in its material points;
(d) said accused does not appear to be the most guilty; (e) said
accused has not at any time been convicted of any offense involving
moral turpitude. Evidence adduced in support of the discharge shall
automatically form part of the trial. If the court denies the motion for
discharge of the accused as state witness, his sworn statement shall be

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inadmissible in evidence. [People v. Quiming, GR 92847. May 21,
1993].
Statistical improbability doctrine. Also known as Lagumbay
doctrine. [Lagumbay v. Comelec (16 SCRA 175 (1966)]. The doctrine
may be stated as follows: Any election return which on the basis
exclusively of data found on its face appears to be obviously and
patently false is nothing but a manufactured return which should not be
accorded any prima facie value as evidence of the result of the count
and should be disregarded in the canvass. [Separate Opinion, Barredo,
J., Sinsuat v. Pendatun, GR L-31501. June 30, 1970].
Status. A legal personal relationship, not temporary in
terminable at the mere will of the parties, with which third
the state are concerned. [Kawasaki Port Service Corp. v.
58340. July 16, 1991, citing Holzer v. Deutsche
Gesellschaft, 290 NYS 181].
nature nor
persons and
Amores, GR
Reichsbahn
Status quo. The last actual peaceable uncontested status which

preceded the pending case. [Phil. Virginia Tobacco v. de los Angeles,
GR L-27829, Aug. 19, 1988, 164 SCRA 543; Bataclan v. CA, GR 78148,
July 31, 1989, 175 SCRA 764].
Status quo ante litem motam. Lat. The last actual, peaceable,
non-contested status. [Lim v. Pacquing, GR 115044. Jan. 27, 1995,
Annotation, 15 ALR 2d 237].
Statute. 1. Legislative enactment; it may be a single act of a legislature
or a body of acts which are collected and arranged for a session of a
legislature. [Glossary of Legal Terms (Pro-Se), 2004]. 2. Intl. Law.
Sometimes termed as Constitution. A certain type of multilateral
instrument in the nature of an organic act, dealing with the
establishment of an international organ. [Coquia and Santiago, Intl.
Law, 3rd Ed. (1998), p. 493].
Statute of frauds. 1. The purpose of the statute is to prevent fraud and
perjury in the enforcement of obligations depending for their evidence
on the unassisted memory of witnesses by requiring certain
enumerated contracts and transactions to be evidenced by a writing
signed by the party to be charged. It was not designed to further or
perpetuate fraud. It makes only ineffective actions for specific
performance of the contracts covered by it; it does not declare them

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absolutely void and of no effect. [Asia Prod. Co., v. Pao, GR 51058.
Jan. 27, 1992]. 2. Contracts entered into in violation of thereof are
simply unenforceable and the requirement that they or some note or
memorandum thereof be in writing refers only to the manner they
are to be proved. [see Art. 1403, par. 2, CC]. 3. It is applicable only to
executory contracts. [Facturan v. Sabanal, 81 Phil. 512], not to
contracts that are totally or partially performed [Almiro v. Monserrat, 48
Phil. 67, 70].
Statute of limitations. 1. A statute which limits the right of a plaintiff
to file an action unless it is done within a specified time period after the
occurrence which gives rise to the right to sue. [Glossary of Legal
Terms (Pro-Se), 2004]. The law that bars the institution of an action
against another after the lapse of the period prescribed therefore. 2.
Acts of grace, a surrendering by the sovereign of its right to prosecute.
They receive a strict construction in favor of the Government and
limitations in such cases will not be presumed in the absence of clear
legislation. [Lim v. CA, GR 48134-37. Oct. 18, 1990, citing Black's Law
Dict., 4th Ed., p. 1077]. 3. Statute which provides that the rights to
require of others the fulfillment of their obligations prescribe after a
certain period of time, in order that it may serve alike as a punishment
for those who do not know how to look after their own interests, and
as a source of reassurance to those who may have rested in the belief
that their creditors had waived their rights, and also to insure economic
stability and the certainty of rights. [Lutero v. Siuliong and Co., 54 Phil.
272, 280].
Statute of non-claims. Spec. Pro. 1. The time for the filing of claims
against the estate, which shall not be more than twelve (12) nor less
than six (6) months after the date of the first publication of the notice.
All claims for money against the decedent, arising from contract,
express or implied, whether the same be due, not due, or contingent,
all claims for funeral expenses and expenses for the last sickness of the
decedent, and judgment for money against the decedent, must be filed
within the time limited in the notice; otherwise they are barred forever,
except that they may be set forth as counterclaims in any action that
the executor or administrator may bring against the claimants. [Sec. 2
and 5, Rule 86, RoC]. 2. A definite period fixed by law within which
claims against the estates of deceased persons must be presented to
insure the speedy settling of the affairs of a deceased person and the
early delivery of the property of the estate into the hands of the
persons entitled to receive it. [Estate of De Dios, 24 Phil. 573]. 3. Its

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purpose it to settle the affairs of the estate with dispatch, so that the
residue may be delivered to the persons entitled thereto without their
being afterwards called upon to respond in actions for claims, which,
under the ordinary statute of limitations, have not yet prescribed.
[Santos v. Manarang, GR 8235. Mar. 19, 1914].
Statutory. Relating to a statute; created or defined by a law. [Glossary
Statutory construction. 1. The art or process of discovering and
expounding the meaning and intention of the authors of the law with
respect to its application to a given case, where that intention is
rendered doubtful, among others, by reason of the fact that the given
case is not explicitly provided for in the law [Caltex (Philippines) Inc. v.
Palomar, GR L-19650. Sep. 29, 1966, citing Black, Interpretation of
Laws, p. 1]. 2. Process by which a court seeks to interpret the meaning
and scope of legislation. [Glossary of Legal Terms (Pro-Se), 2004].
Statutory law. Laws promulgated by Congress. [Jurists Legal Dict.,
2004]. Compare with Case law and Common law.
Statutory minimum wage. The lowest wage rate fixed by law that an
employer can pay his workers. [IRR, RA 6727; Sec. 1, Rule 7, Book 3,
IRR of LC].
Statutory rape. Crim. Law. The felony committed when a man has
carnal knowledge of a woman who is under twelve (12) years of age.
[Art. 335 (3), RPC].
Statutory rape. Elements: (a) That the accused had sexual intercourse
with the offended party; and (b) that the latter was below twelve years
of age at the time of the coitus. [Art. 335 (3), RPC].
Statutory taxpayer. The person who must pay the tax to the
government; the one on whom the tax is formally assessed. He is the
subject of the tax. [De Leon, Fundamentals of Taxation, 2000 Ed., p.
53].
Stay. 1. A court order halting a judicial proceeding. [Glossary of Legal
Terms (Pro-Se), 2004]. 2. A procedure whereby a court does not
dismiss an action or dismisses it conditionally on grounds of forum non
conveniens but retains jurisdiction and calls on the plaintiff to take suit

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in the more convenient forum. The conditions are usually that the
defendant agrees to appear in the foreign court within a certain delay,
accept jurisdiction there and agree to any final judgment. [Tetley,
Stay of execution. A temporary period during which the execution of
judgment of the court is postponed. [Torres, Oblig. & Cont., 2000 Ed.,
p. 354].
STD. See Sexually transmitted diseases.
Stealth. Any secret, sly, or clandestine act to avoid discovery and to
gain entrance into or remain within residence of another without
permission. [Sumulong v. CA, GR 108817. May 10, 1994,citing Black's
Law Dictionary, 5th Ed., 1267].
Stemmed leaf tobacco. Leaf tobacco which has had the stem or midrib
removed. The term does not include broken leaf tobacco. [Sec. 140,
NIRC, as amended].
Stepson. A son brought by a spouse to the new marriage or a son by a
former marriage of his parent, now in the subsequent union. [Madueo
v. Cabanatuan Lumber Co., GR 47978. Oct. 31, 1941].
Stimson doctrine. Intl. Law. 1. The doctrine that forbids recognition of
any government set up through external aggression. [Sandoval, Pol.
Law Reviewer 2003]. 2. A doctrine formulated by US Secretary of State
Stimson in 1932. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44].
Stipulation. 1. An agreement between the parties to a contract or
lawyers. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. An agreement
between the parties involved in a suit regulating matters incidental to
trial. [Glossary of Legal Terms (Pro-Se), 2004].
Stipulation of facts. An agreement, admission, or concession made in a
judicial proceeding by the parties or their attorneys, regarding some
matters incidental thereto for the purpose of avoiding delay, trouble
and expense. [Morenos Law Dict., 2000 Ed., p. 446].
Stipulation pour atrui. Stipulation in favor of a third person. 1. A
stipulation in favor of a third person who may demand its fulfillment,
provided he communicated his acceptance to the obligor before its

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revocation. An incidental benefit or interest, which another person
gains, is not sufficient. The contracting parties must have clearly and
deliberately conferred a favor upon a third person. [Art. 1311, CC]. 2.
Stipulation in a contract in favor of a third person conferring upon him
a clear and deliberate favor upon him, and which stipulation is merely a
part of a contract entered into by the parties, neither of whom acted as
agent of the third person, and such third person may demand its
fulfillment provided that he communicates his acceptance to the obligor
before it is revoked.
Stipulation pour atrui. Requisites: (a) The stipulation in favor of a
third person must be a part of the contract, and not the contract itself;
(b) the favorable stipulation should not be conditioned or compensated
by any kind of obligation; and (c) neither of the contracting parties
bears the legal representation or authorization of the third party.
[Florentino v. Encarnacion, 79 SCRA 192, 201, Sep. 30, 1977].
Stirpes. Lat. The offspring of a person; his or her descendants. For
example, inheriting per stirpes means having a right to a deceased's
estate because one happens to be a descendant of the deceased.
Stock. Also Share of stock. 1. The term includes the share in an
association, joint-stock company, or insurance company. [Sec. 22,
NIRC, as amended]. 2. One of the units into which the capital stock is
divided. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 56].
Stock and transfer book. The book in which must be kept a record of
all stocks in the names of the stockholders alphabetically arranged; the
installments paid and unpaid on all stock for which subscription has
been made, and the date of payment of any installment; a statement of
every alienation, sale or transfer of stock made, the date thereof, and
by and to whom made; and such other entries as the by-laws may
prescribe. [Sec. 74, Corp. Code].
Stockbroker. All persons whose business it is, for themselves as such
brokers or for other brokers, to negotiate purchases or sales of stock,
bonds, exchange, bullion, coined money; bank notes, promissory notes
or other securities. [Sec. 1, PD 426].
Stock corporations. Corporations which have capital stock divided into
shares and are authorized to distribute to the holders of such shares

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dividends or allotments of the surplus profits on the basis of the shares
held. [Sec. 3, Corp. Code].
Stock dividend. 1. A conversion of surplus or undivided profits into
capital stock, which is distributed to stockholders in lieu of a cash
dividend. [Comm. of Int. Rev. v. Manning, GR L-28398. Aug. 6, 1975].
2. Any dividend payable in shares of stock of the corporation declaring
or authorizing such dividend. It is, what the term itself implies, a
distribution of the shares of stock of the corporation among the
stockholders as dividends. A stock dividend of a corporation is a
dividend paid in shares of stock instead of cash and is properly payable
only out of surplus profits. So, a stock dividend is actually two things:
(a) A dividend, and (b) the enforced use of the dividend money to
purchase additional shares of stock at par. [Nielson & Co. v. Lepanto,
GR L-21601. Dec. 28, 1968]. Compare with Cash dividend.
Stock exchange. See Exchange.
Stockholder. The owners of shares of stock in a stock corporation. They
are also called shareholders. [De Leon, Corp. Code of the Phil.
Annotated, 1989 Ed., p. 46].
Stockholders pre-emptive right. Corp. Law. The right of the
stockholder to subscribe to all issues or disposition of share of any class
in proportion to his shareholding. [Diaz, Bus. Law Rev., 1991 Ed., p.
269].
Stockholders rights. Corp. Law. The important rights of stockholders
are the following: (a) the right to vote; (b) the right to receive
dividends; (c) the right to receive distributions upon liquidation of the
corporation; and (d) the right to inspect the books of the corporation.
[Cojuangco, Jr. v. Roxas, GR 91925. Apr. 16, 1991].
Stocks. Shares in the ownership of a company that entitle their owners
to rights in the firm, including a proportionate part of the dividends
and, upon liquidation, of the capital assets. [Intl. Law Dict. & Direct.,
2004].
Stomach ulcer. Such an erosion in the stomach, the inside of the
stomach. When the erosion is a little further down, in the duodenum
(the first part of the intestine), it is a duodenal ulcer. [Landicho v. WCC,

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GR L-45996. Mar. 26, 1979, citing Atty.s Dict. of Med., Schmidt]. Same
as Gastric ulcer.
Stop-and-frisk. The vernacular designation of the right of a police
officer to stop a citizen on the street, interrogate him, and pat him for
weapon(s). [Manalili v. CA, GR 113447. Oct. 9, 1997].
Stoppage in transitu, right of. The right of the unpaid seller who has
parted with the possession of the goods to stop them in transitu, that is
to say, he may resume possession of the goods at any time while they
are in transit, and he will then become entitled to the same rights in
regard to the goods as he would have had if he had never parted with
the possession. [Art. 1530, CC].
Storage charge. The amount assessed on articles for storage in
customs premises, cargo shed and warehouses of the government. The
owner, consignee or agent of either, of the articles, is liable for this
charge. [Rep. v. Consolidated Terminals, Inc., GR L-27810. Dec. 14,
1981, citing Sec. 3001, RA 1937].
Store. A business establishment where usually diversified goods are kept
for retail sale. [Morenos Law Dict., 2000 Ed., p. 446].
Stored. A deposit in a store or warehouse for preservation or safe
keeping; to put away for future use, especially for future consumption;
to place in a warehouse or other place of deposit for safe keeping. [K.
S. Young v. Midland Textile Ins. Co., GR 9370. Mar. 31, 1915.]
Straight baseline. Straight lines connecting the seaward most
low-water points of deeply indented coastlines and the seaward most
low-water points of a fringe of islands along a coastline. [Intl. Law Dict.
& Direct., 2004]. Compare with Normal baseline.
Straight baseline method. Intl. Law. A method in defining the
territorial sea under which straight lines are made to connect
appropriate points on the coast without departing radically from its
general direction. The waters inside these lines are considered internal.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 63]. Compare with Normal
baseline method.

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Straight-line method of depreciation. The recording of depreciation
of depreciable property in equal amounts monthly over its estimated
service life. [Sec. 5, RA 3187].
Strait. Intl. Law. A comparatively narrow passageway connecting two
large bodies of water. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67].
Stranger. A third-party who is any person other than the judgment
debtor or his agent. [Bayer Phil. Inc. v. Agana, 63 SCRA 355 (1975)].
Stranger to the action. A person not a party to the action, or as the
law puts it, any other person than the defendant or his agent, whose
property is seized pursuant to the writ of delivery. [La Tondea
Distillers v. CA, GR 88938. June 8, 1992].
Strategem. A maneuver designed to deceive or outwit the enemy. A
deception or device for obtaining advantage. [Morenos Law Dict., 2000
Ed., p. 446].
Strategic Agriculture and Fisheries Development Zones (SAFDZ).
The areas within the NPAAAD identified for production, agro-processing
and marketing activities to help develop and modernize with the
support of government, the agriculture and fisheries sectors in an
environmentally and socio-culturally sound manner. [Sec. 4, RA 8435].
Strategy. Machination or artifice. [Sumulong v. CA, GR 108817. May 10,
1994].
Stream. Synonymous to a creek or a running course of water. [Morenos
Law Dict., 2000 Ed., p. 447].
Street. Road, valley, avenue, high-way or other public way. [Sec. 3, PD
198].
Street certificate. Corp. Law. The certificate covering shares which is
indorsed in blank and therefore transferable by a mere delivery until it
reaches the hands of a transferee who, deciding to effect registration in
the books of the corporation can just place his name as transferee in
the proper space provided for in the certificate. [Diaz, Bus. Law Rev.,
1991 Ed., p. 251].

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Strictissimi juris. Lat. By the most strict right or law. The rule that
exemptions from taxation are construed in strictissimi juris against the
taxpayer and liberally in favor of the taxing authority primarily because
taxes are the lifeblood of government and their prompt and certain
availability is an imperious need. Thus, to be exempted from payment
of taxes, it is the taxpayer's duty to justify the exemption by words too
plain to be mistaken and too categorical to be misinterpreted." Private
respondent has utterly failed to discharge this duty. [Prov. Of Tarlac v.
Alcantara, GR 65230. Dec. 23, 1992].
Strict liability. 1. Imposing liability on an actor regardless of fault. [Intl.
Law Dict. & Direct., 2000]. 2. Concept applied by the courts in product
liability cases that when a manufacturer presents his goods for public
sale, he is representing that they are suitable for their intended use.
Strict nature reserve. An area possessing some outstanding
ecosystem, features and/or species of flora and fauna of national
scientific importance maintained to protect nature and maintain
processes in an undisturbed state in order to have ecologically
representative examples of the natural environment available for
scientific study, environmental monitoring, education, and for the
maintenance of genetic resources in a dynamic and evolutionary state.
[Sec. 4, RA 7586].
Strike. 1. Any stoppage of work by the concerted action of employees in
connection with a labor dispute arising from unresolved economic
issues in collective bargaining in non-vital industries, called in
accordance with these rules and regulations. [Sec. 2, PD 823]. 2. Any
temporary stoppage of work by the concerted action of employees as a
result of an industrial or labor dispute. [Art. 212, LC].
Strike area. The establishment, warehouses, depots, plants or offices,
including the sites or premises used as run-away shops, of the
employer struck against, as well as the immediate vicinity actually used
by picketing strikers in moving to and fro before all points of entrance
to and exit from said establishment. [Art. 212, LC, as amended by RA
6715].
Strike breaker. Any person who obstructs, impedes, or interferes with
by force violence, coercion, threats or intimidation any peaceful
picketing by employees during any labor controversy affecting wages,

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hours or conditions of work or in the exercise of the right of self
organization or collective bargaining. [Art. 212, LC, as amended by BP
227].
Stripping. The unloading operations of cargoes outside the containers.
[Sec. 1, PPA Admin. Order 08-79].
Strong arm of equity. The writ (of preliminary injunction, whether
prohibitory or mandatory) sought for the protection of the rights of a
party before the final determination of his rights vis--vis others' in a
pending case before the court. [Roxas v. IAC, GR 67195. May 29,
1989]. See Preliminary injunction, writ of.
Strong sensitizer. Any substance which will cause on normal living
tissue, allergy or photodynamic quality of hypersensitivity which
becomes evident on reapplication of the same substance, to be
designated as such by the implementing agency. Before designating
any substance as a strong sensitizer, the implementing agency, upon
consideration of the frequency of occurrence and severity of the
reaction, shall find that the substance has a significant capacity to
cause hypersensitivity. [Art. 4, RA 7394].
Strong wind. A wind of 22-33 knots in any direction, as per Weather
Bureau Circular. [Morenos Law Dict., 2000 Ed., p. 447].
Structural conceptualization. The act of conceiving, choosing and
developing the type, disposition, arrangement and proportioning of the
structural elements of an architectural work giving due consideration to
safety, cost-effectiveness, functionality and aesthetics. [Sec. 3, RA
9266].
Structure. Synonymous with the word building. [Morenos Law Dict.,
2000 Ed., p. 447].
Student publication. The issue of any printed material that is
independently published by, and which meets the needs and interests
of, the studentry. [Sec. 3, RA 7079].
Study Now Pay Later Plan. See Educational Assistance Act of
1976.

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Stuffing. The loading operations of cargoes inside the containers. [Sec.
1, PPA Admin. Order 08-79].
Sua sponte. Lat. Of one's own accord. The right of a court to consider a
legal issue of its own motion, even if none of the parties have raised or
addressed the issue in their written or oral pleadings. [Tetley, Glossary
of Conflict of Laws, 2004].
Subdivision and Condominium Buyers' Protective Decree. PD 957
entitled Regulating the sale of subdivision lots and condominiums,
providing penalties for violations thereof signed into law on July 12,
1976.
Subdivision project. A tract or a parcel of land registered under Act
No. 496 which is partitioned primarily for residential purposes into
individual lots with or without improvements thereon, and offered to
the public for sale, in cash or in installment terms. It shall include all
residential, commercial, industrial and recreational areas as well as
open spaces and other community and public areas in the project. [Sec.
2, PD 957].
Subdivision lot. Any of the lots, whether residential, commercial,
industrial, or recreational, in a subdivision project. [Sec. 2, PD 957].
Subic Bay Freeport (SBF). A separate customs territory consisting of
the City of Olongapo and the municipality of Subic, Province of
Zambales, the lands occupied by the Subic Naval Base and its
contiguous extensions as embraced, covered and defined by the 1947
Philippine-U.S. Military Base Agreement as amended and within the
territorial jurisdiction of Morong and Hermosa, Province of Bataan, the
metes and bounds of which shall be delineated in a proclamation to be
issued by the President of the Philippines. [Sec. 3, RA 7227].
Subic Bay Metropolitan Authority (SBMA). A body corporate created
by law as an operating and implementing arm of the Bases Conversion
Development Authority. [Sec. 13 of RA 7227].
Subjective intent. The actual intent and understanding of a party at
the time of the making of an agreement. [Intl. Law Dict. & Direct.,
2004].

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Subjective novation. Also Personal novation. Novation by the
change of either the person of the debtor or of the creditor.
[Cochingyan, Jr. v. R & B Surety and Insurance Co., GR L-47369. June
30, 1987]. Compare with Objective novation.
Subjective phase of felony. That portion of the execution of the crime
starting from the point where the offender begins up to that point
where he still has control of his acts. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 34]. See Objective phase of felony.
Subject matter of an action. 1. The matter or thing from which the
dispute has arisen, and ordinarily, it is the property or the contract or
any other thing subject of the controversy. [Filipinas Investment and
Finance Corp. v. IAC, GR 66059-60. Dec. 4, 1989]. 2. The physical
facts, the things real or personal, the money, lands, chattels, and the
like, in relation to which the suit is prosecuted, and not the delict or
wrong committed by the defendant. [Mathay v. Consolidated Bank, GR
L-23136. Aug. 26, 1974, citing Moran, Comments on the Rules of Court,
1963 Ed., Vol. 1, p. 92].
Subject of insurance. All proper-ties or risks insured by the same
insurer that customarily are considered by non-life company
underwriters to be subject to loss or damage from the same occurrence
of any hazard insured against. [Sec. 215, IC].
Subject to tax. Also Liable for tax. The term connotes legal obligation
or duty to pay a tax. [Comm. of Int. Rev. v. Procter & Gamble Phil.
Manufacturing Corp., GR 66838. Dec. 2, 1991].
Sub judice. A matter that is still under consideration by a court.
Subjugation. Intl. Law. A derivative mode of acquisition by which the
territory of one state is conquered in the course of war and is thereafter
annexed to and placed under the sovereignty of the conquering state.
/an example is the annexation of Abyssinia (now Ethiopia) by Italy in
1935. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 70-71].
Sublease. 1. A contract where there are two leases and two distinct
judicial relations although intimately connected and related to each
other, which unlike in a case of assignment of lease, where the lessee
transmits absolutely his right, and his personality disappears; there only

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remains in the juridical relation two persons, the lessor and the
assignee who is converted into a lessee. [Moreno, Phil. Law Dict., 2nd
ed., p. 594]. 2. A contract in which the personality of the lessee does
not disappear; he does not transmit absolutely his rights and
obligations to the sub-lessee; and the sub-lessee generally does not
have any direct action against the owner of the premises as lessor, to
require the compliance of the obligations contracted with the plaintiff as
lessee, or vice versa. [Marimperio v. CA, GR L-40234. Dec. 14, 1987,
citing 10 Manresa, Sp. Civ. Code, 438]. 3. A grant by a tenant of an
interest in the demised premises less than his own, retaining to himself
a reversion. [Mallarte v. CA, GR 85108. Oct. 4, 1989, citing 49 Am. Jur.
2d Sec. 480, pp. 469].
Sublessee. The person who leases or rents (out) a residential unit from
a sublessor. [Sec. 2, BP 877; Sec.4, RA 9161].
Sublessor. The person who leases or rents out a residential unit
(previously) leased to him by an owner. [Sec. 2, BP 877; RA 9161].
Sublet. To make a sublease, accompanied by a surrender of the
possession and control of the premises, or at least a part thereof.
[Mallarte v. CA, GR 85108. Oct. 4, 1989, citing 51C CJS 108].
Submission. An agreement to accept the jurisdiction of a foreign court.
Submission can also be agreeing to a valid foreign jurisdiction clause in
a contract. Appearance in a suit solely to contest jurisdiction is not
submission. [Tetley, Glossary of Conflict of Laws, 2004].
Subordination. Being subject to the orders or direction of another; of
lower rank. [Duhaime's Legal Dict., 2004].
Subornation of perjury. The offense of procuring another to take such
a false oath as would constitute perjury in the principal. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 743]. It no longer exists in the Rev. Penal
Code but the act is punished as plain injury under Art. 183 in relation to
Art. 17. The inducer becomes a principal by inducement and the one
induced, a principal by direct participation. [People v. Pudol, GR 45618.
Oct. 18, 1938].
Suborner. Instigator. [US v. Laserna, GR 6668. Jan. 10, 1912].

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Subpoena. 1. A process directed to a person requiring him to attend
and to testify at the hearing or the trial of an action or at any
investigation conducted by competent authority, or for the taking of his
deposition, or to bring with him any books, documents, or other things
under his control. [Rule 21, RoC]. 2. A command to appear at a certain
time and place to give testimony upon a certain matter. [Glossary of
Subpoena ad testificandum. Lat. A writ sent to a witness "just bring
yourself, no documents." A process directed to a person requiring him
to attend and to testify at the hearing or the trial of an action or at any
investigation conducted by competent authority, or for the taking of his
deposition. [Rule 21, RoC].
Subpoena duces tecum. Lat. A writ sent to a witness "turn up and
bring your documents with you." 1. A process directed to a person
requiring him to bring with him any books, documents, or other things
under his control. [Rule 21, RoC]. 2. A court order commanding a
witness to bring certain documents or records to court. [Glossary of
Subrogation. Civ. Law. 1. The transfer of all the rights of the creditor to
a third person, who substitutes him in all his rights. It may either be
legal or conventional. [Chemphil v. CA, GR 112438-39. Dec. 12, 1995,
citing Tolentino, Commentaries & Jurisp. on the Civil Code of the Phil.,
Vol. IV, pp. 401-402]. 2. Ins. The transfer of rights and remedies of the
insured to the insurer who has indemnified the insured in respect of the
loss. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil.,
1999 Ed., p. 8].
Subrogation principle. Ins. A process of legal substitution where the
insurer steps into the shoes of the insured and avails of the latters
rights against the wrongdoer at the time of the loss. [Claridades, A.,
Subrogatory action. See Accin subrogatoria.
Sub rosa. Hidden; secret; confidential; private; under wraps.
[Claridades, A., Compilation of Notes, 2001-2006]. See Appropriation
sub rosa.

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Subscribe. To write underneath, as ones name; to sign at the end of a
document [Gamido v. National Bilibid Prisons, GR 114829. Mar. 1,
1995, citing Blacks Law Dict., 5th Ed., 1279].
Subscribed capital stock. Corp. Law. The amount of the capital stock
subscribed, whether fully paid or not. It connotes an original
subscription by a subscriber of unissued shares in a corporation and
would, therefore, preclude the acquisition of shares by reason of
subsequent transfer from a stockholder or resale of treasury shares.
Subscribers. Persons who have agreed to take and pay for original,
unissued shares of a corporation formed or to be formed. [De Leon,
Corp. Code of the Phil. Annotated, 1989 Ed., p. 47, citing Ballantine on
Corp., p. 375].
Subscription. Corp. Law. Any contract for the acquisition of unissued
stock in an existing corporation or a corporation still to be formed,
notwithstanding the fact that the parties refer to it as a purchase or
some other contract. [Sec. 60, Corp. Code].
Subscription. Succ. The signing of the witnesses' names upon the same
paper for the purpose of identification of such paper as the will which
was executed by the testator [In Re: Taboada v. Rosal, GR L-36033.
Nov. 5, 1982, citing Ragsdale v. Hill, 269 SW 2d 911].
Subsequent negligence. See Last clear chance doctrine.
Subsequent punishment. Any form of punishment to which the author
of any utterance or publication is subjected after making the same.
Subservient. From Lat. subservire: to serve under. Subordinate in
capacity or function. [Intl. Law Dict. & Direct., 2004].
Subsidiaries. Government-owned or controlled corporations without
original charters. [Poquiz, Labor Rel. Law, 1999 Ed. p. 26]. Also known
as Corporate offsprings.
Subsidiary. Company owned by a parent or a parent's holding company.
Unlike a branch, it is separately incorporated. [Intl. Law Dict. & Direct.,
2004].

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Subsidiary corporations. Affiliated or secondary corporations which
are created and administered by a principal/parent agency for the
purpose of helping achieve the objectives of the latter. [Sec. 3, EO
518]. Compare with Parent or holding corporation.
Subsidiary liability. Also Secondary liability. A personal liability
which attaches when the remedy against one primarily liable has been
exhausted, and which may be satisfied from all assets of one
secondarily liable [Enjay v. NLRC, GR 110240. July 4, 1995, citing 38A,
Words & Phrases 76 (1967)].
Subsidy. 1. The amounts granted to government-owned or controlled
corporations from the General Fund, to cover operational expenses that
are not supported by corporate revenues or to cover corporate deficits
and losses. [Sec. 3, EO 518]. 2. A pecuniary aid directly granted by the
government to an individual or private commercial enterprise deemed
beneficial to the public. [De Leon, Fundamentals of Taxation, 2000 Ed.,
p. 20, citing 2 Britannica World Lang. Dict., 1964 Ed., p, 125]. 3. A
financial contribution made by a government or other public body that
confers a benefit on an enterprise, group of enterprises, or an industry.
Subsistence fisherman. One whose catch yields but the irreducible
minimum for his livelihood. [Tano v. Socrates, GR 110249. Aug. 21,
1997, citing Webster's 3rd New Intl. Dict., p. 2279 (1993)]. Compare
with Marginal fisherman.
Subsisting and altering trademark, tradenames, or service
marks. Crim. Law. The felony committed by: 1. any person who shall
substitute the trade name or trade-mark of some other manufacturer or
dealer or a colorable imitation thereof, for the trademark of the real
manufacturer or dealer upon any article of commerce and shall sell the
same; 2. any person who shall sell such articles of commerce or offer
the same for sale, knowing that the trade-name or trademark has
been fraudulently used in such goods; 3. any person who, in the sale or
advertising of his services, shall use or substitute the service mark of
some other person, or a colorable imitation of such mark; or 4. any
person who, knowing the purpose for which the trade-name,
trade-mark, or service mark of a person is to be used, prints,
lithographs, or in any way reproduces such trade-name, trade-mark, or
service mark, or a colorable imitation thereof, for another person, to

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enable that other person to fraudulently use such trade-name,
trade-mark, or service mark on his own goods or in connection with the
sale or advertising of his services. [Art. 188, RPC].
Substandard product. A product which fails to comply with an
applicable consumer product safety rule which creates a substantial risk
of injury to the public. [Art. 4, RA 7394].
Substantial amendment. An amendment consisting of the recital of
facts constituting the offense charged and determinative of the
jurisdiction of the court. All other matters are merely of form.
[Teehankee v. Madayag, GR 103102. Mar. 6, 1992]. Compare with
Formal amendment.
Substantial cause. A cause which is important but not less than any
other cause. [Sec. 4, RA 8800].
Substantial errors. Errors involving substantial and controversial
matters such as those which affect the civil status or the nationality or
citizenship of persons (which) cannot be corrected under said summary
proceedings, but should be threshed out in an appropriate action
wherein the State as well as persons who may be affected by the
change should be notified or represented. Compare with Clerical
errors.
Substantial evidence. Defined to mean not necessarily preponderant
proof as required in ordinary civil cases but such kind of relevant
evidence as a reasonable mind might accept as adequate to support a
conclusion. [Biak-na-Bato v. Tanco Jr., 193 SCRA 323 (1991)].
Substantial mutual interests rule. One of the fundamental factors in
determining the appropriate collective bargaining unit, that is, the
affinity and unity of the employees' interest, such as substantial
similarity of work and duties, or similarity of compensation and working
conditions. [San Miguel Corp. v. Laguesma, GR 100485. Sep. 21, 1994].
Substantial stockholder. Any person who owns, directly or indirectly,
shares of stock sufficient to elect a director of a corporation. [Sec. 1,
Rule IX, RA 6713].
Substantive criminal law. Law with the purpose of prevention of harm
to society which prescribed punishment for specific offenses. The basic

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law of rights and duties as opposed to "remedial law" which provides
methods of enforcement. [Jurists Legal Dict., 2004].
Substantive due process. A guarantee that life, liberty and property
shall not be taken away from anyone without due process of law.
[Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 96]. Compare with
Procedural due process.
Substantive due process. Requirements: (a) There must be a valid
law upon which it is based; (b) the law must have been passed and
approved to accomplish a valid governmental objective; (c) the
objective must be pursued in a lawful manner; and (d) the law as well
as the means to accomplish the objective must be valid and not
oppressive. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 96].
Substantive due process doctrine. Under the doctrine, a law may be
voided when it does not relate to a legitimate end and when it
unreasonably infringes on contractual and property rights. The doctrine
as enunciated in Allgeyer v. Louisiana, 165 U.S. 578 (1897) can be
easily stated, thus: the government has to employ means (legislation)
which bear some reasonable relation to a legitimate end. [Nowak,
Rotunda and Young, Constl. Law 436, 443 (2d Ed.)].
Substantive law. The statutory or written law that governs rights and
obligations of those who are subject to it. [Glossary of Legal Terms
(Pro-Se), 2004]. Compare with Remedial or adjective law.
Substantive private law. Those rules which declare legal relations of
litigants when the courts have been properly moved to action upon
facts duly presented to them. [Suarez, Stat. Con., (1993), pp. 38-39,
citing 24 Words & Phrases, 337]. Compare with Procedural or
adjective private law.
Substantive statutes. Laws which establish rights and duties. [Bustos
v. Lucero, 81 Phil. 640].
Substation. Any building, room or separate place which houses or
encloses electric supply equipment connected to transmission or
distribution lines and the interior of which is accessible, as a rule, only
to properly qualified persons. [Sec. 2, RA 7920].

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Substitute. To put in the place of, change for, make way for, take the
place of another. [Intl. Oil Factory v. Dir. of Health, GR L-13438. May
31, 1961].
Substitute and special parental authority. In default of parents or a
judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated: (a)
The surviving grandparent, as provided in Art. 214, FC; (b) the oldest
brother or sister, over twenty-one years of age, unless unfit or
disqualified; and (c) the child's actual custodian, over twenty-one years
of age, unless unfit or disqualified. [Art. 216, FC].
Substituted limited partner. A person admitted to all the rights of a
limited partner who has died or has assigned his interest in a
partnership. [Art. 1859, CC]. Compare with Assignee.
Substituted service of pleadings and other papers. The service of
pleadings, motions, notices, resolutions, orders and other papers made
by delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail, if service cannot be made under
the two latter modes to the office and place of residence of the party or
his counsel being unknown. The service is complete at the time of such
delivery. [Sec. 8, Rule 13, RoC].
Substituted service of summons. Service of summons effected (a) by
leaving copies of the summons at the defendant's residence with some
person of suitable age and discretion then residing therein, or (b) by
leaving the copies at defendant's office or regular place of business
with some competent person in charge thereof, in case where, for
justifiable causes, the defendant cannot be served within a reasonable
time as provided in Sec. 6 of the Rules of Court. [Sec. 7, RoC].
Substitution. Succ. The appointment of another heir so that he may
enter into the inheritance in default of the heir originally instituted.
[Ramirez v. Vda. de Ramirez, GR L-27952. Feb. 15, 1982, citing Art.
857, CC].
Substitution. Kinds: Simple or common, brief or compendious,
reciprocal, and fideicommissary [Art. 858, CC]. According to Tolentino,
Although the Code enumerates four classes, there are really two
principal classes of substitutions: the simple and the fideicommissary.
The others are merely variations of these two. [Tolentino, III Civil

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Code, p. 185 (1973)]. The simple or vulgar is that provided in Art. 859
of the Civil Code while the fideicommissary substitution is described in
Art. 863 of the same Code. [Ramirez v. Vda. de Ramirez, GR L-27952.
Feb. 15, 1982].
Substitutionary doctrine. Labor. It provides that the employees
cannot revoke the validly executed collective bargaining contract with
their employer by the simple expedient of changing their bargaining
agent. The new agent must respect the contract. The employees, thru
their new bargaining agent, cannot renege on the collective bargaining
contract, except to negotiate with management for the shortening
thereof. [Benguet Consolidated, Inc. v. BCI Employees & Workers
Union-PAFLU, GR L-24711. Apr. 30, 1968].
Substitutionary evidence. See Secondary evidence.
Substitution doctrine. Civ. Law. It has been referred to as the
Doctrine of substitution. It is an arm of equity that may guide or
even force one to pay a debt for which an obligation was incurred but
which was in whole or in part paid by another. [Fireman's Fund Ins. Co.
v. Jamila & Co., GR 27427. Apr. 7, 1976].
Substitution of heirs. 1. The appointment of another heir so that he
may enter into the inheritance in default of the heir originally instituted.
[Art. 857, CC]. 2. Substitution of heirs may be: (a) Simple or common;
(b) brief or compendious; (c) reciprocal; or (d) fideicommissary. [Art.
858, CC].
Subtenant. A person who rents all or a portion of leased premises from
the lessee for a term less than the original one, leaving a reversionary
interest in the first lessee. [Mallarte v. CA, GR 85108. Oct. 4, 1989,
citing 49 Am. Jur. 2d Sec. 480, pp. 469].
Subtransmission assets. The facilities related to the power delivery
service below the transmission voltages and defined as facilities based
on the functional assignment of assets including, but not limited to,
step-down transformers solely used by load customers, associated
switchyard/substation, control and protective equipment, reactive
compensation equipment to improve customer power factor, overhead
lines, and the land where such facilities/equipment are located, where
applicable. [Sec. 4, RA 9136].

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Suburbs. A region or place adjacent to a city; a town or village so near
it that it may be used for residence by those who do business in the
city. [Manila Electric Co. v. Public Service Comm., GR L-21435. Feb. 28,
1966, citing Act 484].
Subversion. 1. Mere membership in a subversive association is sufficient
and the taking up of arms by a member of a subversive organization
against the Government is but a circumstance which raises the penalty
to be imposed upon the offender. [People v. Asuncion, GR 83837-42.
Apr. 22, 1992, citing the Anti-Subversion Act (RA 1700)]. 2. Subversion,
like treason, is a crime against national security. [Buscayno v. Military
Commissions, GR 58284, 109 SCRA 289 (1981)].
Succession. 1. A mode of acquisition by virtue of which the property,
rights and obligations to the extent of the value of the inheritance, of a
person are transmitted through his death to another or others either by
his will or by operation of law. [Art. 774, CC]. 2. Succession may be:
(a) Testamentary; (b) legal or intestate; or (c) mixed.
Successional rights, when transmitted. The rights to the succession
are transmitted from the moment of the death of the decedent. [Art.
777, CC].
Successor. A person who takes over the rights of another. [Duhaime's
Legal Dict., 2004].
Successor-in-interest. One to whom the debtor has transferred his
statutory right of redemption; one to whom the debtor has conveyed
his interest in the property for the purpose of redemption; or one who
succeeds to the interest of the debtor by operation of law; or one or
more joint debtors who were joint owners of the property sold; or the
wife as regards her husband's homestead by reason of the fact that
some portion of her husband's title passes to her. [Magno v. Viola, GR
37521. Dec. 22, 1934].
Sudden peril. A doctrine which provides that an automobile driver who,
by the negligence of another, is suddenly placed in an emergency and
compelled to act instantly to avoid collision or injury is not guilty of
negligence if he makes a choice as a person of ordinary prudence
placed in such a position might take, even though he did not make the
wisest choice and one that would have been required in the exercise of

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ordinary care but for the emergency. [Morenos Law Dict., 2000 Ed., p.
452].
Sue and labor clause. Mar. Ins. A clause under which the insurer may
become liable to pay the insured, in addition to the loss actually
suffered, such expenses as he may have incurred in his efforts to
protect the property against a peril for which the insurer would have
been liable.
Sufferance. Toleration; negative permission by not forbidding; passive
consent; license implied from the omission or neglect to enforce an
adverse right. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 1].
Sufficiency of facts test. The test of sufficiency of the facts found in a
complaint as constituting a cause of action is whether or not admitting
the facts alleged the court can render a valid judgment upon the same
in accordance with the prayer thereof The hypothetical admission
extends to the relevant and material facts well pleaded in the complaint
and inferences fairly deducible therefrom. Hence, if the allegations in
the complaint furnish sufficient basis by which the complaint can be
maintained, the same should not be dismissed regardless of the
defense that may be assessed by the defendants. [Navoa v. CA, 251
SCRA 545 (1995)].
Sufficient lapse of time. A period of time long enough to justify that
the crime was committed with deliberate premeditation (premeditacion
conocida,) because, in a judicial sense, it afforded full opportunity for
meditation and reflection, and was amply sufficient to allow his
conscience to overcome the resolution of his will (vencer las
determinaciones de la voluntad) had he desired to hearken to its
warnings. [US v. Gil, 13 Phil. 530 (1909)].
Sufficient provocation. Provocation that is adequate to excite the
person to commit the wrong and must accordingly be proportionate to
its gravity and must also immediately precede the act to constitute a
mitigating circumstance. [People v. Tan Cui, GR L-22697. Oct. 5, 1976].
Sufficient provocation. Requisites: (a) Provocation must be sufficient;
(b) it must be immediate to the commission of the crime; and (c) it
must originate from the offended party. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 91].

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Sufficient standard test. The test to determine whether or not there is
a valid delegation of legislative power under which there must be
adequate guidelines or limitations in the law to map out the boundaries
of the delegate's authority and prevent the delegation from running
riot. [Eastern Shipping Lines, Inc. v. POEA, GR L-76633. Oct. 18, 1988].
Compare with Completeness test.
Suffocation. A layman's term for asphyxia, which is the result of any
impairment of the process of respiration which may be due to any
cause which prevents the ingress of air in the respiratory passages, as
in cases of hanging, strangulation, throttling, drowning, choking,
smothering and pressure on the chest. [Morenos Law Dict., 2000 Ed.,
p. 452].
Suffrage. The right to vote in an election. It is the expression of the
sovereign will of the people. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 271].
Sugar Act of 1952. RA 809 entitled An Act to regulate the relations
among persons engaged in the sugar industry enacted on June 22,
1952.
Sugar quota. A certain number of sugar piculs, assigned to a sugar
planter which he is required to mill for every crop year in a designated
milling district. [Morenos Law Dict., 2000 Ed., p. 452].
Sugar Regulatory Administration. The agency created by virtue of
EO 18 which was signed into law on May 28, 1986 to, among others,
promote the growth and development of the sugar industry.
Suicidal behavior. Legal Med. The final act in a course of
self-destruction. [Olarte, Legal Med., 1st Ed. (2004), p. 138].
Suicidal impulse. Legal Med. A strong desire to kill oneself, usually in
acute depression. [Olarte, Legal Med., 1st Ed. (2004), p. 151].
Suicide. A positive act of ending ones (own) life. [Sun Insurance Office,
Ltd. v. CA, GR 92383. July 17, 1992]. Compare with Willful exposure
to needless peril.

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Suicide attempts. Legal Med. Actions that are intended to be fatal but
dont succeed. [Olarte, Legal Med., 1st Ed. (2004), p. 139].
Suicide gestures. Legal Med. Suicide plans and actions that appear
unlikely to be fatal. [Olarte, Legal Med., 1st Ed. (2004), p. 138].
Sui generis. Lat. Of its own kind or class; i.e., the only one of its kind;
peculiar. [Black's Law Dict., Abr. 5th Ed. (1987), p. 747].
Sui juris. A person who possesses full civil rights and is not under any
legal incapacity such as being bankrupt, of minor age or mental
incapacity. Most adults are sui juris. [Duhaime's Legal Dict., 2004].
Suit. The prosecution or pursuit of some claim or demand in court.
[Albano, Rem. Law Reviewer, 1st Ed., p. 70, citing 1 Am. Jur. 407].
Suitable employment. Remunerative occupation giving the rehabilitee
earning at least equal to the statutory minimum wage. [Sec. 1, Rule 9,
Rules on Employees Compensation].
Suitable for economic family-size farm. It refers to situations where
a parcel of land whose characteristics, such as climate, soil,
topography, availability of water and location, will support a farm family
if operated in economic family-size farm units and does not include
those where large-scale operations will result in greater production and
more efficient use of land. [Sec. 166, RA 3844].
Suitable substitute. That kind of article which would serve
substantially the same purpose or produce substantially the same
results as the brand, type, or make of article originally desired or
requisitioned. [Sec. 357, LGC].
Suits against state. Suits with relation to matters in which the State
agencies have assumed to act in a private or nongovernmental
capacity, and various suits against the State. [PNR v. IAC, GR 70547.
Jan. 22, 1993, citing 81 CJS 1319].
Sultada. Tag. Match of the roosters. [Jamago v. Arrieta, GR L-20876.
July 30, 1965].

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Summary distribution. A procedure by which, in a summary manner,
the estate of a deceased person is valued, his debts are paid, his will, if
any is allowed, the heirs and legatees are declared, and distribution is
made, all in a single hearing and a single order, so far as this is
practicable, without the appointment of any administrator or executor.
Summary hearing. Rem. Law. Such brief and speedy method of
receiving and considering the evidence of guilt as is practicable and
consistent with the purpose of the hearing which is merely to determine
the weight of the evidence for purposes of bail. [Siazon v. Presiding
Judge of Davao City, GR L-34156-58. Oct. 29, 1971].
Summary judgment. Also Accelerated judgment. 1. A device for
weeding out sham claims or defenses at an early stage of the litigation,
thereby avoiding the expense and loss of time involved in a trial. The
very object is to separate what is formal or pretended in denial or
averment from what is genuine and substantial, so that only the latter
may subject a suitor to the burden of a trial. [Excelsa Industries v. CA,
GR 105455. Aug. 23, 1995]. 2. A judgment given on the basis of
pleadings, affidavits, and exhibits presented for the record without any
need for a trial. It is used when there is no dispute as to the facts of
the case and one party is entitled to a judgment as a matter of law.
Summary judgment procedure. A method for promptly disposing of
actions in which there is no genuine issue as to any material fact. [De
Leon v. Faustino, GR L-15804. Nov. 29, 1960].
Summons. 1. A writ by which the defendant is notified of the action
brought against him. Service of such writ in the means by which the
court may acquire jurisdiction over his person. Trial and judgment
without such service is null and void. [Olar v. Cuna, GR L-47935. May 5,
1979]. 2. Instrument used to commence a civil action or special
proceeding; the means of acquiring jurisdiction over a party. [Glossary
Sumpak. Tag. Home-made shotgun. [People v. Valencia, GR 94511-13.
Sep. 18, 1992].
Superlight. Also called Magic light. A type of light using halogen or
metal halide bulb which may be located above the sea surface or

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submerged in the water. It consists of a ballast, regulator, electric cable
and socket. The source of energy comes from a generator, battery or
dynamo coupled with the main engine. [Sec. 4, RA 8550].
Supermarket. A place designated by municipal authorities of a city or of
an incorporated town for the sale of grocery goods, food stuffs, dry
goods, liquor, and other commodities such as meat, fresh fruits, poultry
products, milk and vegetables necessary or convenient for the
subsistence of the community that are refrigerated. [Kamuning Theater,
Inc. v. Quezon City, GR L-19136. Feb. 28, 1963].
Supersedeas. A suspension of the power of the court below to issue an
execution on the judgment or decree appealed from; or, if a writ of
execution has issued, it is a prohibition emanating from the court of
appeals against the execution of the writ. [Watson & Co. v. Enriquez, 1
Phil. 480-484, citing Hovey v. McDonald, 109 US, 150].
Supersedeas bond. A bond required of one who petitions to set aside a
judgment or execution and from which the other party may be made
whole if the action is unsuccessful. [Black's Law Dict., Abr. 5th Ed.
(1987), p. 749].
Supervening event. 1. Facts and events transpiring after the judgment
or order had become executory which would justify the suspension or
nullification of the execution of a final and executory judgment. [Javier
v. CA, GR 96086. July 21, 1993]. 2. It would arise if an event occurs
after the decision which would nullify, or render impossible or
inequitable, enforcement thereof. [La Campana Food Products v. CIR,
GR L-27907. May 22, 1969].
Supervise. To oversee, to have oversight of, to superintend the
execution of or the performance of a thing, or the movements or work
of a person; to inspect with authority; to inspect and direct the work of
a person; to inspect with authority; to inspect and direct the work of
others. [Rodriguez v. Montinola, 94 Phil. 964].
Supervised trial custody. A period of time within which a social worker
oversees the adjustment and emotional readiness of both adopter(s)
and adoptee in stabilizing their filial relationship. [Sec. 3, RA 8552].
Supervision. Admin. Law. Overseeing or the power or authority of an
officer to see that subordinate officers perform their duties. If the latter

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fail or neglect to fulfill them the former may take such action or step as
prescribed by law to make them perform these duties. [Mondano v.
Silvosa, GR L-7708. May 30, 1955]. Compare with Control.
Supervision and control. The authority to act directly whenever a
specific function is entrusted by law or regulation to a subordinate;
direct the performance of duty; restrain the commission of acts; review,
approve, reverse or modify acts and decisions of subordinate officials or
units; determine priorities in the execution of plans and programs.
Unless a different meaning is explicitly provided in the specific law
governing the relationship of particular agencies the word control shall
encompass supervision and control as defined herein. [Llamas v. Orbos,
GR 99031. Oct. 15, 1991, citing Admin. Code of 1987].
Supervisor. See Coordinator.
Supervisory employees. Those who, in the interest of the employer,
effectively recommend such managerial actions if the exercise of such
authority is not merely routinary or clerical in nature but requires the
use of independent judgment. [Art. 212, LC].
Supplement. Something that exists side by side with the original. It
does not replace that which it supplements. [Aznar III, v. Bernard, GR
81190, May 9, 1988].
Supplemental budget. A supplementary financial plan embodying
changes during the fiscal year in the annual estimates of income and
appropriations. [Sec. 14, PD 477].
Supplemental pleadings. Additional pleadings setting forth
transactions, occurrences or events which have happened since the
date of the pleading sought to be supplemented and which the court,
upon motion of a party, upon reasonable notice and upon such terms
as are just, may permit him to serve. The adverse party may plead
thereto within ten (10) days from notice of the order admitting the
supplemental pleading. [Sec. 6, Rule 10, RoC].
Supplemental procurement plan or procurement program. The
itemized list showing the required supplies in a fiscal year not covered
in the annual or amendatory procurement plan or program. [IRR on

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Supplementary unit. A unit which is neither a base nor a derived unit.
[Sec. 4, BP 8].
Supplements. The extra remuneration or special privileges or benefits
given to or received by the laborers over and above their ordinary
earnings or wages. [Atok-Big Wedge Assn. v. Atok-Big Wedge Co.,
L-7349. July 19, 1955; 51 OG 3432].
Supplier. 1. A person, other than a consumer, who in the course of his
business, solicits, offers, advertises, or promotes the disposition or
supply of a consumer product or who other than the consumer,
engages in, enforces, or otherwise participates in a consumer
transaction, whether or not any privity of contract actually exists
between that person and the consumer, and includes the successor to,
or assignee of, any right or obligation on of the supplier. [Art. 4, RA
7394]. 2. A person, firm or manufacturer who furnishes or sells the
supplies or property needed or required by a local government unit. It
is synonymous to dealer, bidder, offerer, seller or contractor. [IRR on
Supplier of electricity. Any person or entity authorized by the Energy
Regulatory Commission (ERC) to sell, broker, market or aggregate
electricity to the end-users. [Sec. 4, RA 9136].
Supplies. The term includes everything, except real property, which may
be needed in the transaction of public business or in the pursuit of any
undertaking, project, or activity, whether in the nature of equipment,
furniture, stationary materials for construction or personal property of
any sort, including non-personal or contractual services such as the
repair and maintenance of equipment and furniture, as well as trucking,
hauling, janitorial, security, and related services. [Sec. 357, LGC].
Supply. Any article furnished for carrying on the work which from its
nature is necessarily so consumed by use in the work. [Kilosbayan, Inc.
v. Morato GR 118910. July 17, 1995]. Compare with Equipment.
Supply of electricity. The sale of electricity by persons or entities
authorized pursuant to RA 9136. [Sec. 4, RA 9136].
Supply of electricity charge. The charge imposed by electricity
suppliers for the sale of electricity to end-users, excluding the charges

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for generation, transmission and distribution wheeling, [Sec. 4, RA
9136].
Support. That which comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family. [Art. 194, FC].
Support pendente lite. A provisional remedy in the form of an order
issued by a judge before whom the proper action is pending granting
an allowance for sustenance, dwelling, clothing, education and medical
attendance to the party/parties entitled thereto. [Katarungang
Pambarangay Rules].
Support person. A person chosen by the child to accompany him to
testify at or attend a judicial proceeding or deposition to provide
emotional support for him. [Sec. 4 (f), AM 00-4-07-SC].
Suppress. To forbid the use of evidence at a trial because t is improper
or was improperly obtained. [Glossary of Legal Terms (Pro-Se),
2004]. See also Exclusionary rule.
Supremacy of the law. Doctrine that all persons, including the
sovereign, are subordinate to the rule of law. [Intl. Law Dict. & Direct.,
2004].
Supreme Court. The highest court in the land, established by the
Philippine Constitution. [Claridades, A., Compilation of Notes,
2001-2006].
Supreme Court Reports Annotated. Abbrev. SCRA. Publication of
court decisions of the Supreme Court since 1961. [Claridades, A.,
Surcharge. An amount imposed by law as an addition to the main tax in
case of delinquency. [Morenos Law Dict., 2000 Ed., p. 455].
Surety. 1. It is considered in law as being the same party as the debtor
in relation to whatever is adjudged touching the obligation of the latter,
and their liabilities are interwoven as to be inseparable. [PNB v. Pineda,
GR 46658. May 13, 1991]. 2. The insurer of the debt (who) obligates
himself to pay if the principal does not pay. [Machetti v. Hospicio, 43
Phil. 297]. 3. The person who has pledged him or herself to pay back

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money or perform a certain action if the principal to a contract fails, as
collateral, and as part of the original contract. Technically, where a
person provides collateral after or before the original contract is signed,
and as a separate contract, the person is called a guarantor" and not a
"surety." [Duhaime's Legal Dict., 2004]. Compare with Guarantor.
Surety bond. A bond purchased at the expense of the estate to insure
the executor's proper performance. [Glossary of Legal Terms (Pro-Se),
2004]. Also referred to as Fidelity bond.
Suretyship contract. 1. An agreement whereby a party called the
surety guarantees the performance by another party called the principal
or obligor of an obligation or undertaking in favor of a third party called
the obligee. [Sec. 175, IC] 2. It is deemed an insurance contract, within
the meaning of the Insurance Code, only if made by a surety who or
which, as such, is doing an insurance business. [Sec. 2, IC].
Surface water. All water, which is open to the atmosphere and subject
to surface runoff. [Sec 4, RA 9275].
Surname or family name. That which identifies the family to which he
belongs and is continued from parent to child. the surname to which
the child is entitled is fixed by law. [Rep. v. Hernandez, GR 117209.
Feb. 9, 1996]. Compare with Given or proper name.
Surplus property. A property no longer needed by a local government
unit. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Survivorship disqualification rule. See Dead man statute.
Survivorship presumption. 1. The disputable presumption that, as
between two or more persons who are called to succeed each other,
they died at the same time and there shall be no transmission of rights
from one to the other, provided that (a) the parties are heirs to one
another; (b) there is no proof as to who died first; and (c) there is
doubt as to who died first. [Art. 43, CC]. 2. Presumption based on the
probabilities resulting from the strength and age of the sexes of two
persons who perish in the same calamity, such as wreck, battle, or
conflagration, and it is not shown who died first, and there are no
particular circumstances from which it can be inferred, in accordance
with the following rules: (a) If both were under the age of fifteen years,
the older is presumed to have survived; (b) if both were above the age

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of sixty, the younger is presumed to have survived; (c) if one is under
fifteen and the other above sixty, the former is presumed to have
survived; (d) if both be over fifteen and under sixty, and the sexes be
different, the male is presumed to have survived; if the sexes be the
same, then the older; and (e) if one be under fifteen or over sixty, and
the other between those ages, the latter is presumed to have survived.
[Sec. 3(jj), Rule 131, RoC].
Suspension. A temporary loss of the right to practice law by an
attorney. [Glossary of Legal Terms (Pro-Se), 2004].
Suspension of arms. Intl. Law. The temporary cessation of hostilities
by agreement of the local commanders for such purposes as the
gathering of the wounded and the burial of the dead. [Cruz, Intl. Law
Reviewer, 1996 Ed., pp. 143-144].
Suspension of execution of sentence. A disposition under which a
defendant, after conviction and sentence, is released. Its objective
primarily is to save the accused from the corrosive effects of
imprisonment and the stigma of incarceration. [Morenos Law Dict.,
2000 Ed., p. 457].
Suspension of payment. Under the Insolvency Law, the postponement
of the payment of the debts of a debtor who, possessing sufficient
properties to cover his debts, and foreseeing the impossibility of
meeting them when they respectively fall due, petitions the court that
he be declared in a state of suspension of payments. [Morenos Law
Dict., 2000 Ed., p. 457].
Suspension of sentence. A concept of probation intended to benefit
minor offenders and is designed primarily to save the minor offenders
from the stigma of criminal record. [Morenos Law Dict., 2000 Ed., p.
457].
Suspensive condition or condition precedent. One which suspends
the demandability of the obligation until the happening of the event.
[Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Compare with Resolutory
condition.
Suspensive period (ex die). The obligation begins only from a day
certain upon the arrival of the period. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 16].

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Sustain. A court ruling upholding an objection or a motion. [Glossary of
Sustainable development. The improvement in the quality of life of
the present and future generations through the complementation of
development and environmental protection activities. [Sec. 3, RA 7611].
Sustainable traditional resource rights. The rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) to sustainably use,
manage, protect and conserve a) land, air, water, and minerals; b)
plants, animals and other organisms; c) collecting, fishing and hunting
grounds; d) sacred sites; and e) other areas of economic, ceremonial
and aesthetic value in accordance with their indigenous knowledge,
beliefs, systems and practices. [Sec. 4, RA 8371].
Sustained-yield management. Continuous or periodic production of
forest products in a working unit with the aid of achieving at the
earliest practicable time an approximate balance between growth and
harvest or use. This is generally applied to the commercial timber
resources and is also applicable to the water, grass, wildlife, and other
renewable resources of the forest. [Sec. 3, PD 705].
Sustenance fishing. See Municipal fishing.
Susuray-suray. Tag. In a wobbling motion. [People v. Relucio, GR
L-38790. Nov. 9, 1978].
Suum cuique tribuere. Lat. Render unto each person what is due him.
It is a supreme norm of justice which the law develops. [Morenos Law
Dict., 2000 Ed., p. 457].
Suum jus, summa injuria. Lat. The abuse of right is the greatest
possible wrong. [Morenos Law Dict., 2000 Ed., p. 457].
Swear. To put on oath; to declare on oath the truth of a pleading, etc.
[Gamido v. National Bilibid Prisons, GR 114829. Mar. 1, 1995, citing
Blacks Law Dict., 5th Ed., Id., 1298].
Swindling. See Estafa.

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Swindling a minor. Crim. Law. The felony committed by any person
who, taking advantage of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to assume any obligation or to
give any release or execute a transfer of any property right in
consideration of some loan of money, credit or other personal property,
whether the loan clearly appears in the document or is shown in any
other form. [Art. 317, RPC].
Swindling, other forms of. Crim. Law. The felony committed by (a)
any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same; (b) any person, who,
knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded; (c) the owner of any
personal property who shall wrongfully take it from its lawful possessor,
to the prejudice of the latter or any third person; (d) any person who,
to the prejudice of another, shall execute any fictitious contract; (e) any
person who shall accept any compensation given him under the belief
that it was in payment of services rendered or labor performed by him,
when in fact he did not actually perform such services or labor; or (f)
any person who, while being a surety in a bond given in a criminal or
civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed the
fulfillment of such obligation. [Art. 316, RPC].
Syllabus. A brief summary of a legal rule or significant facts in a case,
which along with other syllabi or head notes, precedes the printed
opinion in reports.
Symbol. Any conventional sign which reveals man's achievement and
heroism (for orders and decorations), identification, authority and a
sign of dignity (for coat-of-arms, logo and insignia). [Sec. 3, RA 8491].
Symbolic delivery. With regard to movable property, delivery shall be
deemed made by the delivery of the keys of the place or depository
where it is stored or kept. [Art. 1498, CC].
Synallagmatic contract. A civil law term for a reciprocal or bilateral
contract: one in which both parties provide consideration. A contract of
sale is a classic example, where one party provides money and the

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other, goods or services. A gift is not a synallagmatic contract.
Synchronization. The act or result of synchronizing; concurrence of
events or motions in respect to time. [Osmea v. Comelec, GR 100318.
July 30, 1991].
Synchronize. To happen or take place at the same time; to represent or
arrange event so as to indicate coincidence or coexistence; to cause to
agree in time. [Osmea v. Comelec, GR 100318. July 30, 1991].
Syndicate. 1. Crim. Law. It consists of five or more persons formed with
the intention of carrying out the unlawful or illegal act, transaction,
enterprise or 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.

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-TTacit 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 continued enjoying the thing leased for
fifteen days with the acquiescence of the lessor. This acquiescence may
be inferred from this failure to serve a notice to quit. [Arevalo Gomez
Corp. v. Lao Hian Liong, 148 SCRA 372 (1987)].

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Tacit or implied ratification. It is understood that there is a tacit
ratification if, with knowledge of the reason which renders the contract
voidable and such reason having ceased, the person who has a right to
invoke it should execute an act which necessarily implies an intention to
waive his right. [Art. 1393, CC].
Tacking possession. The computation of time necessary for
prescription where the present possessor may complete the period
necessary for prescription by tacking his possession to that of his
grantor or predecessor in interest; however, this provision (under Art.
1138 of the Civil Code) applies only where there is privity between the
successive possessors. [Razote v. Razote, 49 Phil. 182; and Lacson v.
Government, 39 Phil. 631].
Taga-tari. Tag. See Gaffer.
Tagayan. Tag. The local term for a group drinking session where a
single glass is used and each person takes his turn drinking a fixed
amount of liquor from the glass. [People v. Canceran, GR 104866. Jan.
31, 1994].
Tailings disposal system. A combination of methods, equipment and
manpower used in handling, transporting, disposal or impounding mill
tailings. [Sec. 4, DENR Admin. Order 95-23].
Tailor. One who makes or repairs men's outer garments, or makes
cloaks, heavy-close-fitting gowns, etc., for women; usually restricted to
one who makes clothes to order. [Hashim v. Posadas, GR 24402. Feb.
19, 1926, citing The Standard Dict.]. Compare with Clothier.
Take, or attempt to take, by intimidation. Willfully to take, or
attempt to take, by putting in fear of bodily harm. [People v. Alfeche,
GR 102070. July 23, 1992].
Taking. The term imports a physical dispossession of the owner, as
when he is ousted from his land or relieved of his watch or his car and
is thus deprived of all beneficial use and enjoyment of his property.
[Cruz, Constl. Law, 1998 Ed., p. 69].
Taking advantage of official position in the commission of the
offense. An aggravating circumstance that requires that the accused,

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as a public officer, used the influence or reputation of his position for
the purpose of committing the crime. [Art. 14 (1), RPC].
Taking advantage of superior strength. Using purposely excessive
force out of proportion to the means of defense available to the person
attacked. [People v. Canciller, GR 97296. Mar. 4, 1992].
Taking of property for purposes of eminent domain. Elements: (a)
The expropriator must enter a private property; (b) the entrance into
private property must be for more than a momentary period; (c) the
entry into the properly should be under warrant or color of legal
authority; (d) the property must be devoted to a public use or
otherwise informally appropriated or injuriously affected; and (e) the
utilization of the property for public use must be in such a way to oust
the owner and deprive him of all beneficial enjoyment of the property.
[Rep. v. Vda. de Castellvi, 58 SCRA 336, 337. Aug. 15, 1974].
Talangka. Tag. Small crabs. [People v. Rejano, GR 105669-70. Oct. 18,
1994].
Talipapa. Tag. A conglomeration of vendors stalls. [Villanueva v.
Castaeda, GR L-61311. Sep. 21, 1987].
Tamper. To interfere improperly or in violation of the law such as to
tamper with a document. [Duhaime's Legal Dict., 2004].
Tanggero. Tag. The person who refills the glass so the other persons
present in a group drinking session locally termed as tagayan could
take their turn in drinking. [People v. Canceran, GR 104866. Jan. 31,
1994].
Tank barge. Any tank vessel not equipped with a means of self
propulsion. [Sec. 3, PD 600].
Tank vessel. Any vessel especially constructed or converted to carry
liquid bulk cargo in tanks. [Sec. 3, PD 600].
Tape printout. An adding machine-like tape containing the names of all
candidates and the corresponding votes obtained per precinct directly
produced by the counting machine. [Sec. 2, RA 8046].
Tarantado. Reckless. [People v. Tejada, GR L-55028. Aug. 31, 1981].

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Tardiness. The failure to arrive at a time set; lack of punctuality or not
arriving on time. This definition inevitably implies that an officer or
employee may, in one working day, incur tardiness twice one in the
morning and another in the afternoon. [Ejercito-Domider, Ma. Teresita,
CSC Res. 00-1640, July 13, 2000].
Tari. Tag. Gaffs. [Banawa v. De Jesus, AM 1381. June 29, 1982].
Tariff. 1. A book of rates drawn usually in alphabetical order containing
the names of several kinds of merchandise with the corresponding
duties to be paid for the same. [De Leon, Fundamentals of Taxation,
2000 Ed., p. 21]. 2. The duties payable on goods imported or exported.
[PD 230]. 3. The system or principle of imposing duties on the
importation (or exportation) of goods. [Blacks Law Dict., 3rd Ed., p.
1703].
Tariff and Customs Code of 1978. PD 1464 entitled A Decree to
consolidate and codify all the tariff and customs laws of the Philippines
signed into law on June 11, 1978.
Tariff bill. A bill filed in Congress proposing rates or duties to be
imposed on imported articles. [Claridades, A., Compilation of Notes,
2001-2006].
Task. A major element of work or combination of elements by means of
which a specific result is achieved. [Sec. 1, Rule 1, IRR of LC].
Tax. 1. A financial obligation imposed by a state on persons, whether
natural or juridical, within its jurisdiction, for property owned, income
earned, business or profession engaged in, or any such activity
analogous in character for raising the necessary revenues to take care
of the responsibilities of government. [Rep. v. Phil. Rabbit Bus Lines,
GR L-26862. Mar. 30, 1970]. 2. A sum of money imposed on incomes,
sales, or property by a government for its support. [Intl. Law Dict. &
Direct., 2004].
Taxable income. 1. The pertinent items of gross income specified in the
National Internal Revenue Code, less the deductions and/or personal
and additional exemptions, if any, authorized for such types of income
by said Code or other special laws. [Sec. 31, NIRC, as amended]. 2.
The income against which tax rates are applied to compute tax paid;

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gross income of businesses or adjusted gross income of individuals less
deductions and exemptions. [Glossary of Legal Terms (Pro-Se), 2004].
Taxable value. See Assessed value.
Taxable year. The calendar year, or the fiscal year ending during such
calendar year, upon the basis of which the net income is computed.
Tax amnesty. One-time authorization for taxpayers to pay delinquent
taxes and thereby avoid possible prosecution. [Intl. Law Dict. & Direct.,
2004].
Taxation. The process or means by which the sovereign, through its
lawmaking body, raises income to defray the necessary expenses of
government. It is a method of apportioning the cost of government
among those who in some measure are privileged to enjoy its benefits
and must, therefore, bear its burdens. [Teodoro & De Leon, Law on
Income Taxation, 11th Ed. (2001), p. 1, citing 51 Am. Jur. 341; 1
Cooley 72-93].
Tax avoidance. 1. The use by the taxpayer of legally permissible
alternative tax rates or methods of assessing taxable property or
income, in order to avoid or reduce tax liability. It is not punishable by
law. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 59]. 2. Taking
advantage of legal or arguably legal tax loopholes. [Intl. Law Dict. &
Direct., 2004]. Also called as Tax minimization. Compare with Tax
evasion.
Tax benefit rule. The recovery of bad debts previously allowed as
deduction in the preceding years shall be included as part of the gross
income in the year of recovery to the extent of the income tax benefit
of said deduction. [Teodoro & De Leon, Law on Income Taxation, 11th
Ed. (2001), p. 158, citing NIRC, as amended].
Tax capitalization. The reduction in the price of the taxed object equal
to the capitalized value of future taxes which the purchaser expects to
be called upon to pay. [De Leon, Fundamentals of Taxation, 2000 Ed.,
p. 56].
Tax credit. 1. The taxpayers right to deduct from the income tax due,
the amount of tax he has paid to a foreign country subject to

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limitations. It may also refer to the amount which is allowed as a
deduction of Philippine income tax. [Teodoro & De Leon, Law on
Income Taxation, 11th Ed. (2001), p. 124]. 2. Any of the credits
against taxes extended to a registered enterprise by RA 5186, to
evidence which a tax credit certificate shall be issued by the Bureau of
Internal Revenue. [Sec. 3, RA 5186].
Tax dodging. See Tax evasion.
Taxes. 1. Financial burdens imposed for the purpose of raising revenues
with which to defray the cost of the operation of the Government.
[Board of Assessment Appeals v. CTA, 8 SCRA 225]. 2. The enforced
proportional contributions from persons and property levied by the
state by virtue of its sovereignty for the support of government and for
all public needs. [Rep. v. Phil. Rabbit Bus Lines, GR L-26862. Mar. 30,
1970, citing 1 Cooley, Taxation, 4th Ed., p. 61 (1924)].
Tax evasion. 1. A term that connotes fraud through the use of
pretenses and forbidden devices to lessen or defeat taxes. [Yutivo Sons
Hardware Co. v. CA, GR L-13203. Jan. 28, 1961]. 2. The use by the
taxpayer of illegal or fraudulent means to defeat or lessen the payment
of a tax. It is punishable by law. [De Leon, Fundamentals of Taxation,
2000 Ed., p. 58]. 3. The intentional misrepresentation or concealment
of a person's tax obligations. [Intl. Law Dict. & Direct., 2004]. Also
known as Tax dodging. Compare with Tax avoidance.
Tax exemption. 1. The grant of immunity to particular persons or
corporations or to persons or corporations of a particular class from a
tax which persons and corporations generally within the same state or
taxing jurisdiction are obliged to pay. [De Leon, Fundamentals of
Taxation, 2000 Ed., p. 60]. 2. An immunity or privilege; it is freedom
from a financial charge or burden to which others are subjected.
[Greenfield v. Meer, 77 Phil. 394].
Tax minimization. See Tax avoidance.
Taxpayer. 1. Any person subject to tax imposed by Title II of the NIRC,
as amended. [Sec. 22, NIRC]. 2. A person who must pay a tax. [Intl.
Taxpayer's suit. Action or proceedings initiated by one or more
taxpayers in their own behalf or, conjunctively, in representation of

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others similarly situated for the purpose of declaring illegal or
unauthorized certain acts of public officials which are claimed to be
injurious to their common interests as such taxpayers [Kilosbayan v.
Guingona, GR 113375. May 5, 1994, citing Cf. 71 Am Jur 2d., 179-180].
Taxpayer's suit. Requisites: (a) That public funds are disbursed by a
political subdivision or instrumentality and in doing so, a law is violated
or some irregularity is committed; and (b) that the petitioner is directly
affected by the alleged ultra vires act. [Bugnay Construction v. Laron,
176 SCRA 240 (1989)].
Tax pyramiding. It occurs because goods and services that are inputs
into higher stages of production are taxed multiple times as they move
through the production or service chain. By comparison, a VAT taxes
only the value that is added by an enterprise to the goods and services
it sells, not its gross value. By avoiding pyramiding, the VAT subjects all
final goods and services to the same level of taxation, thereby
achieving greater neutrality and greater fairness. [http://sme.com.ph].
Tax Reform Act of 1997. RA 8424 entitled An Act amending the
National Internal Revenue Code, as amended, and for other purposes
enacted on Dec. 11, 1997. See National Internal Revenue Code.
Tax statutes. Laws which impose rules and regulations related to
taxation or to the creation of particular sources of revenue such as
taxes, fees and charges that are needed for the support of government
and for all public needs. [Suarez, Stat. Con., (1993), p. 91].
Tax treaty. A bilateral convention (but may be made multilateral)
entered into between sovereign states for purposes of eliminating
double taxation on income and capital, preventing fiscal evasion,
promoting mutual trade and investment, and according fair and
equitable tax treatment to foreign residents or nationals. [Comm. of
Int. Rev. v. Procter & Gamble, GR 66838. Dec. 2, 1991].
Tayador. See Bettor.
Teacher. All persons engaged in classroom teaching, in any level of
instruction, on full-time basis, including guidance counselors, school
librarians, industrial arts or vocational instructors, and all other persons
performing supervisory and/or administrative functions in all schools,

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colleges and universities operated by the Government or its political
subdivisions; but shall not include school nurses, school physicians,
school dentists, and other school employees. [Sec. 2, RA 4670].
Teacher education. The pre-service education, in-service education,
and graduate education of teachers, in various areas of specialization.
[Sec. 2, RA 7784].
Teacher-in-charge. The one designated by the dean, principal, or other
administrative superior to exercise supervision over the pupils in the
specific classes or sections to which they are assigned. [Amadora v. CA,
GR L-47745. Apr. 15, 1988].
Teachers. 1. All persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including
industrial arts or vocational teachers and all other persons performing
supervisory and/or administrative functions in all schools in the
aforesaid levels and qualified to practice teaching under RA 7836. [Sec.
4, RA 7836]. 2. All persons engaged in teaching at the elementary and
secondary levels, whether on a full-time or part-time basis, including
guidance counselors, school librarians, industrial arts or vocational
teachers and all other persons performing supervisory and/or
administrative functions in all schools in the aforesaid levels and legally
qualified to practice teaching under PD 1006. [Sec. 3, PD 1006].
Teaching. 1. The profession concerned primarily with classroom
instruction, at the elementary and secondary levels in accordance with
the curriculum prescribed by the DepEd, whether on part-time or
full-time basis in the private or public schools. [Sec. 4, RA 7836]. 2. The
profession primarily concerned with the classroom instruction, at the
elementary and secondary levels, in accordance with the curriculum
prescribed by National Board of Education, whether on part-time or
full-time basis in the public or private schools. [Sec. 3, PD 1006].
Teaching or academic staff. All persons engaged in actual teaching
and/or research assignments, either on full-time or part-time basis, in
all levels of the educational system. [Sec. 6, BP 232].
Technical education. The education
post-secondary and lower tertiary levels,
non-degree
programs
aimed
at
para-professionals and other categories of
process designed at
officially recognized as
preparing
technicians,
middle-level workers by

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providing them with a broad range of general education, theoretical,
scientific and technological studies, and related job skills training. [Sec.
4, RA 7796].
Technical Education and Skills Development Act of 1994 or the
TESDA Act of 1994. RA 7796 entitled An Act creating the Technical
Education and Skills Development Authority, providing for its powers,
structure and for other purposes enacted on Aug. 25, 1984.
Technical personnel of repair and service enterprise. A machine or
technician or any person who works or renders diagnosis or advice in
connection with repair, service and maintenance of the consumer
products in a repair and service firm. [Art. 4, RA 7394].
Technical reserve. All the available funds kept in a separate account
out of which claims for losses will be paid. [Sec. 3, RA 6424].
Technological assistance contracts. Contracts for: (a) the transfer,
by license or otherwise, of patents, processes, formulas or other
technological rights of foreign origin; and/or (b) foreign assistance
concerning technical and factory management, design, planning,
construction and similar matters. [Sec. 3, RA 5186].
Technology. The application of knowledge or science which shall include
all others such an inventions, innovations and results of researches.
[Sec. 3, RA 7459].
Technology-based. Utilization of technology. [Sec. 4, RA 8435].
Technology transfer arrangements. Contracts or agreements
involving the transfer of systematic knowledge for the manufacture of a
product, the application of a process, or rendering of a service including
management contracts; and the transfer, assignment or licensing of all
forms of intellectual property rights, including licensing of computer
software except computer software developed for mass market. [Sec.
4, RA 8293].
Telecommunication apparatus. Any apparatus constructed or
adapted for use in transmitting or receiving anything conveyed by a
telecommunication system and includes any telecommunication line
used in telecommunication system. [Sec. 2, RA 7678].

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Telecommunication line. Any wire, cable, tube, pipe, conduit or other
similar things, including its casing or coating, which is so designated or
adapted to be a telecommunication apparatus. [Sec. 2, RA 7678; Sec.
2, RA 7617].
Telecommunication message. 1. Anything conveyed by means of
telecommunication system. [Sec. 2, RA 7678]. 2. Voice, data, images
and anything conveyed through a telecommunications system. [Sec. 2,
RA 7617].
Telecommunications apparatus. Any device or equipment
manufactured or adopted for use in transmitting or receiving anything
conveyed by a telecommunications system, and includes any
telecommunications lines. [Sec. 2, RA 7617].
Telecommunications service. A service consisting of the conveyance
by means of a telecommunication system of any telecommunication
message and includes a directory information service and installation,
maintenance, adjustment, repair, movement, or re-placement of
telecommunication apparatus, excluding the broadcasting of any
telecommunication message, the purpose of which is to advertise any
product or service other than the use of the telecommunication service
itself. [Sec. 2, RA 7678; Sec. 2, RA 7617].
Telecommunications system. 1. A facility for conveyance through the
agency of the electric, magnetic, electromagnetic, electrochemical or
electromechanical energy of speech, music and other sounds, visual
images and signal serving either for the importation of any matter or
for the actuation or control of machinery or apparatus. [Sec. 2, RA
7678]. 2. The combination of hardware and software for the
conveyance,
through
the
agency
of
electric,
magnetic,
electro-magnetic, electrochemical or electro-mechanical energy of
speech and other sounds, visual images, data or signals. [Sec. 2, RA
7617].
Telephone service. A telecommunication service consisting of the
conveyance of voice and non-voice telecommunication messages and
data including, but not limited to video transmission, telefax,
teleconferencing, television, and the like. [Sec. 2, RA 7678; Sec. 2, RA
7617].

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Television broadcast. Public showing by transmitting sound or images
by television or similar equipment, including cable television, and other
limited audience distribution. [Sec. 10, PD 1986].
Temperate or moderate damages. 1. These are more than nominal
but less than compensatory damages, may be recovered when the
court finds that some pecuniary loss has been suffered but its amount
can not, from the nature of the case, be provided with certainty. [Art.
2224, CC]. 2. Such damages as are reasonable compensation for injury.
They are more than nominal damages but less than compensatory
damages. [Torres, Oblig. & Cont., 2000 Ed., p. 334, citing 17 CJ, p.
716].
Temporalities. Estates and properties not used exclusively for religious
worship. Property of every corporation sole held in trust for the use,
purpose, behoof and benefit of the religious society, or order so
incorporated or of the church to which the diocese, synod, or district
organization is an organized and constituent part. [Roman Catholic
Apostolic Administrator Of Davao v. Land Registration Commission, GR
L-8451. Dec. 20, 1957, citing Public Act No. 1459].
Temporal region. The flat part outside of the head above the cheek
bones. [Morenos Law Dict., 2000 Ed., p. 463].
Temporary appointment. Admin. Law. An appointment that does not
give the appointee any definite tenure of office but makes it dependent
upon the pleasure of the appointing power. [Romualdez v. CSC, 197
SCRA 168].
Temporary Protection Order or TPO. The protection order issued by
the court on the date of filing of the application after ex parte
determination that such order should be issued. A court may grant in a
TPO any, some or all of the reliefs mentioned in RA 9262 and shall be
effective for thirty (30) days. The court shall schedule a hearing on the
issuance of a PPO prior to or on the date of the expiration of the TPO.
The court shall order the immediate personal service of the TPO on the
respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the
date of the hearing on the merits of the issuance of a PPO. [Sec. 15,
RA 9262]. Compare with Permanent Protection Order.

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Temporary relief. Rem. Law. Any form of action by a court granting
one of the parties an order to protect its interest pending further action
by the court. [Glossary of Legal Terms (Pro-Se), 2004].
Temporary restraining order (TRO). An emergency remedy of brief
duration issued by a court only in exceptional circumstances, usually
when immediate or irreparable damages or loss might result before the
opposition could take action. [Glossary of Legal Terms (Pro-Se), 2004].
Temporary statute. A statute whose life or duration is fixed for a
specified period of time at the moment of its enactment, and continues
in force, unless sooner repealed, until the expiration of the time fixed
for its duration. E.g.: PD 851 granting 13th month pay. [Suarez, Stat.
Con., (1993), p. 96]. Compare with Permanent statute.
Temporary total disability. It accrues or arises when the impaired
physical and/or mental faculties can be rehabilitated and/or restored to
their normal functions. [Sec. 2, PD 1146]. Compare with Permanent
total disability.
Temporo. The area at or near the temple. [Morenos Law Dict., 2000
Ed., p. 464].
Tenancy Emancipation Decree. PD 27 and its companion, PD 266.
[Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990].
Tenancy relationship. A juridical the which arises between a landlord
and a tenant once they agree, expressly or impliedly, to undertake
jointly the cultivation of land belonging to the former, either under the
share tenancy or leasehold tenancy system, as a result of which
relationship the tenant acquires the right to continue working on and
cultivating the land, until and unless he is dispossessed of his holdings
for any of the just causes enumerated in Sec. 50 or the relationship us
terminated in accordance with Sec. 9 [of RA 1199]. [Sec. 6, RA 1199,
cited in Ponce v. Guevarra, GR L-19629 & L-19672-92. Mar. 31, 1964].
Tenancy relationship. Requisites: (a) The parties are the landowner
and the tenant; (b) the subject is agricultural land; (c) there is consent;
(d) the purpose is agricultural production; (e) there is personal
cultivation; and (f) there is sharing of harvests. [Baranda v. Baguio, 189
SCRA 194 (1990)].

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1129
Tenant. 1. The rightful occupant of land and its structures, but does not
include those whose presence on the land is merely tolerated and
without the benefit of contract, those who enter the land by force or
deceit, or those whose possession is under litigation. [Sec. 3, PD 1517].
2. A person who, himself and with the aid available from within his
immediate farm household, cultivates the land belonging to, or
possessed by, another, with the latter's consent for purposes of
production, sharing the produce with the landholder under the share
tenancy system, or paying to the landholder a price certain or
ascertainable in produce or in money or both, under the leasehold
tenancy system. [Sec. 5, RA 1199]. 3. A person to whom a landlord
grants temporary and exclusive use of land or a part of a building,
usually in exchange for rent. The contract for this type of legal
arrangement is called a lease. The word "tenant" originated under the
feudal system, referring to land "owners" who held their land on tenure
granted by a lord. [Duhaime's Legal Dict., 2004].
Tenant Emancipation Decree. PD 27 entitled Decreeing the
emancipation of tenants from the bondage of the soil, transferring to
them the ownership of the land they till and providing the instruments
and mechanism therefor signed into law on Oct. 21, 1972.
Tenant-farmer. Under PD 946, the actual tiller who personally works
the land, as well as those who actually till the land and have gained the
status of tenants. [Morenos Law Dict., 2000 Ed., p. 465].
Tenant-lessee. Any person who, with the consent of the former, tills,
cultivates or operates said land, susceptible of cultivation by one
individual, personally or with the aid of labor available from among his
own immediate farm household. [Sec. 42, RA 1199]. See
Landholder-lessor.
Tenants Emancipation Act. PD 27 entitled Decreeing the
emancipation of tenants from the bondage of the soil, transferring to
them the ownership of the land they till and providing the instruments
and mechanism therefor signed into law on Oct. 21, 1972.
Tenants in common. Similar to Joint tenants. Tenants who share
equal property rights except that, upon the death of a tenant in
common, that share does not go to the surviving tenants but is
transferred to the estate of the deceased tenant. Unity of possession
but distinct titles. [Duhaime's Legal Dict., 2004].

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1130
Tender. 1. Synonymous with proposal, bid or the quotation for supplies
or property offered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
2. An unconditional offer of a party to a contract to perform his part of
the bargain. For example, if the contract is a loan contract, a tender
would be an act of the debtor where he produces the amount owing
and offers to the creditor. In real property law, when a party suspects
that the other may be preparing to renege, he can write a tender in
which he unequivocally re-asserts his intention to respect the contract
and tender his end of the bargain; either by paying the purchase or
delivering the title. [Duhaime's Legal Dict., 2004].
Tender of excluded evidence. If documents or things offered in
evidence are excluded by the court, the offer or may have the same
attached to or made part of the record. If the evidence excluded is oral,
the offer or may state for the record the name and other personal
circumstances of the witness and the substance of the proposed
testimony. [Sec. 40, Rule 132, RoC].
Tender of payment. 1. The manifestation by the debtor to the creditor
of his desire to comply with his obligation, with the offer of immediate
performance. [Tolentino, Civil Code of the Phil., Vol. IV (1985)]. 2. It
involves a positive and unconditional act by the obligor of offering legal
tender currency as payment to the obligee for the former's obligation
and demanding that the latter accept the same. [Roman Cath. Bishop
of Malolos v. IAC, GR 72110. Nov. 16, 1990].
Tenement. Property that could be subject to tenure under English land
law; usually land, buildings or apartments. The word is rarely used
nowadays except to refer to dominant or servient tenements when
qualifying easement. [Duhaime's Legal Dict., 2004].
Tenement house. 1. A building or portion thereof which is leased or
sold to an occupied as residence by four or more families doing their
cooking within the premises but living independently of one another
although having a common right in the use of halls, stairways, terraces,
verandas, toilets, and baths. [Sec. 63, PD 856]. 2. Any house or
building, or portion thereof, which is rented, leased, or hired out to be
occupied, or is occupied, as the home or residence of three families or
more living independently of each other and doing their cooking in the
premises, or by more than two families upon any floor, so living and
cooking, but having a common right in the halls, stairways, yards,

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1131
water-closets, or privies, or some of them. [City of Iloilo v. Villanueva,
L-12695, Mar. 23, 1959].
Tentative de violacion. Sp. Attempted rape. [US v. Mendez, GR
L-6483. Mar. 11, 1911].
Tenure. 1. Admin. Law. It represents the term during which the
incumbent actually holds office. [Gaminde v. COA, GR 140335. Dec. 13,
2000]. 2. Property. A right of holding or occupying land or a position for
a certain amount of time. The term was first used in the English feudal
land system, whereby all land belonged to the king but was lent out to
lords for a certain period of time; the lord never owning, but having
tenure in the land. Used in modern law mostly to refer to a position a
person occupies such as in the expression "a judge holds tenure for life
and on good behavior." [Duhaime's Legal Dict., 2004]. Compare with
Term.
Tenured migrant communities. Are communities within protected
areas which have actually and continuously occupied such areas for five
(5) years before the designation of the same as protected areas in
accordance with RA 7586 and are solely dependent therein for
subsistence. [Sec. 4, RA 7586].
Terceria. A third party claim. The remedy accorded under Sec. 7, Rule
60 of the Rules of Court to any person, other than the defendant or his
agent, whose property is seized pursuant to the writ of delivery. [La
Tondea Distillers v. CA, GR 88938. June 8, 1992].
Term. Civ. Law. That which necessarily must come whether the parties
know when it will happen or not. [Morenos Law Dict., 2000 Ed., p.
466].
Term. Admin. Law. A fixed and definite period of time which the law
describes that an officer may hold an office. [Aparri v. CA, GR L-30057.
Jan. 31, 1984, citing Sueppel v. City Council of Iowa City, 136 N.W. 2D
523]. Compare with Tenure.
Terminable marriage. A marriage conditioned on the reappearance of
the absent spouse. It does not refer to Arts. 35 to 38 of the Family
Code. [Claridades, A., Compilation of Notes, 2001-2006].

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1132
Term of office. Admin. Law. The period during which an office may be
held. Upon the expiration of the officer's term, unless he is authorized
by law to hold over, his rights, duties and authority as a public officer
must ipso facto cease. [Aparri v. CA, GR L-30057. Jan. 31, 1984, citing
Mechem, Secs. 396-397].
Terminal facility. The seaport and its facilities of wharves, piers, slips,
docks, dry docks, bulkheads, basins, warehouses, cold storage, and
loading or unloading equipment. [Sec. 3, PD 857].
Terminal fees. All charges for parking at or near the ramp, terminal
area or building for purposes of loading or unloading passengers and/or
cargo. [Sec. 3, RA 224].
Terminal leave. Leave applied for by an officer or employee who
retires, resigns or is separated from the service through no fault of his
own. [Manual on Leave Administration Course for Effectiveness,
published by the CSC, p. 16].
Terminal leave pay. The cash value of the accumulated leave credits of
an officer or employee who has already severed his connection with his
employer and who is no longer working. It is no longer compensation
for services rendered. It can not be viewed as salary. [In Re: Zialcita,
AM 90-6-015-SC. Oct. 18, 1990].
Terminate. To put an end to, to make to cease or to end. It connotes
finality. [Caballero v. alfonso, Jr., GR L-45647. Aug. 21, 1987].
Termination. Labor. The term is used to denote dismissal or lay-off.
[Poquiz, Labor Rel. Law, 1999 Ed. p. 22].
Termination dispute. Labor. A labor dispute arising from the
termination of employment of a worker who thereafter contests the
validity or legality of his dismissal by filing a complaint with the regional
branch of the National Labor Relations Commission. The burden of
proving that the termination was for a valid or authorized cause shall
rest on the employer. [per Sec. 33, RA 6715].
Termination pay. Labor. The pay to which an employee shall be
entitled equivalent to at least one month's salary for every year of
service, a fraction of at least six (6) months being considered as one

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1133
whole year, in case of termination of his employment due to the
installation of labor-saving devices or redundancy. [per Sec. 9, LC].
Termination Pay Law. RA 1052, as amended. [Expressly repealed by
the Labor Code].
Term of office. 1. The time during which the officer may claim to hold
office as of right, and fixes the interval after which the several
incumbents shall succeed one another. [Gaminde v. COA, GR 140335,
Dec. 13, 2000]. 2. The period during which an elected officer or
appointee is entitled to hold office, perform its functions and enjoy its
privileges and emoluments. [Francisco v. Men Abad, GR L-36927-28.
Apr. 15, 1974, citing Black's Law Dict., 3rd Ed., pp. 1558, 1717].
Term of office of union officials. Labor. The tenure of office of
elected officials of a labor organization which is for a fixed period of five
(5) years. [Sec. 1, Rule 1, Book 5, IRR of LC].
Terms and conditions. Other requirements not affecting the technical
specifications and requirements of the supplies or property desired such
as bonding, terms of delivery and payment, and related preferences.
[IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Terra nullius. Lat. Land belonging to no one. 1. Territory not belonging
to any state. [Sandoval, Pol. Law Reviewer 2003]. 2. Unoccupied land.
Terreno inculto. Sp. Uncultivated land. [Morenos Law Dict., 2000 Ed.,
p. 466].
Terrestrial domain. Also Land domain. Intl. Law. The land mass on
which the people live. It may be integrate, as in the case of Iran, or
dismembered, as in the case of the United States, or may be partly
bounded by water like Burma, or completely surrounded like Iceland, or
may consist of several islands like the Philippine archipelago. [Cruz,
Territoriality. A characteristic of criminal law where the law is
considered applicable to all crimes committed within the limits of
Philippine territory, which includes its atmosphere, interior waters and
maritime zone. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., citing
Art. 2, RPC, p. 2].

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1134
Territoriality principle. Intl. Law. Doctrine that a court has criminal
jurisdiction if the offense was committed within the forum state. [Intl.
Territorial power and jurisdiction. Pol. Law. The power and
jurisdiction of the state over persons and things within its territory.
Territorial sea. The waters adjacent to a coastal state and extending
seaward up to a limit not to exceed 12 miles from its baselines in which
that state exercises complete sovereignty with the exceptions of
innocent passage and transit passage. [Intl. Law Dict. & Direct., 2004].
Territorial sea of the Philippines. All the waters beyond the
outermost islands of the Philippine archipelago but within the limits of
its boundaries. [Preambulatory clause, RA 3046, as amended].
Territorial sovereignty. Intl. Law. The right of a government to
exclusively exercise its powers within a particular territory. [Intl. Law
Territory. The fixed portion on the surface of the earth on which the
state settles and over which it has supreme authority. [Sandoval, Pol.
Law Reviewer 2003].
Terrorism. From Lat. terror: to frighten. The sustained clandestine use
of violence for a political purpose. [Intl. Law Dict. & Direct., 2004].
Tertiary education. Post secondary schooling is higher education
leading to a degree in a specific profession or discipline. [Sec. 20, BP
232].
Testamentary capacity. 1. The capacity to comprehend the nature of
the transaction in which the testator is engaged at the time, to recollect
the property to be disposed of and the persons who would naturally be
supposed to have claims upon the testator, and to comprehend the
manner in which the instrument will distribute his property among the
objects of his bounty. [Bugnao v. Ubag (1909), 14 Phil., 163; Bagtas v.
Paguio (1912), 22 Phil., 227; and Jocson v. Jocson (1922), 46 Phil.,
701]. 2. The legal ability to make a will. [Glossary of Legal Terms
(Pro-Se), 2004].

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1135
Testamentary succession. Succession which results from the
designation of an heir, made in a will executed in the form prescribed
by law. [Art. 779, CC]. Compare with Legal or intestate succession.
Testamentary trust. 1. A trust set up by a will. [Glossary of Legal
Terms (Pro-Se), 2004]. 2. A trust which is to take effect only upon the
death of the settlor and is commonly found as part of a will. Trusts
which take effect during the life of the settlor are called inter vivos
trusts. [Duhaime's Legal Dict., 2004].
Testate estate. An estate of a deceased person which is settled or to be
settled with the last will and testament of that deceased person called
the testator. [Bench Book for Trial Court Judges, p. 3-1, citing Art. 775,
CC]. Compare with Intestate estate.
Testator. 1. The term applied to the person whose property is
transmitted through succession, if he left a will. Regardless of whether
or not he left a will, he is also generally called the decedent. [Art. 775,
CC]. 2. Person who makes a will. Female: Testatrix. [Glossary of Legal
Testimonial compulsion. Evid. 1. Extraction of admission from the
person's own lips. [Material Distributors, Inc. v. Natividad, GR L-1716.
June 28, 1949, citing 4 Wigmore, 865, 2263]. 2. Compulsory oral
examination of prisoners before trial, or upon trial, for the purpose of
extorting unwilling confessions or declarations implicating them in the
commission of a crime. [US v. Tan Teng, GR 7081. Sep. 7, 1912, citing
People v. Gardner, 144 NY, 119].
Testimonial evidence. Verbal or oral evidence. Evidence which consists
of the narration or deposition by one who has observed or has personal
knowledge of that to which he is testifying. [Claridades, A., Compilation
of Notes, 2001-2006]. Compare with Documentary evidence.
Testimony. 1. The evidence given by a witness under oath. It does not
include evidence from documents and other physical evidence.
[Glossary of Legal Terms (Pro-Se), 2004]. 2. The verbal presentation of
a witness in a judicial proceeding. [Duhaime's Legal Dict., 2004].

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1136
Textual approach. To interpret the text of a treaty according to the
clear and ordinary meaning of its words. [Intl. Law Dict. & Direct.,
2004].
Thalamus. The diencephalons which involves the forebrain. [Morenos
Law Dict., 2000 Ed., p. 466].
Theater of war. Intl. Law. The place where hostilities are actually
conducted as distinguished from the region of war. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 138].
Theater ticket. A theater ticket has been described to be either a mere
license, revocable at the will of the proprietor of the theater or it may
be evidence of a contract whereby, for a valuable consideration, the
purchaser has acquired the right to enter the theater and observe the
performance on condition that he behaves properly. [Balacuit v. CFI of
Agusan del Norte, GR L-38429. June 30, 1988, citing Law of the Stage,
Screen and Radio by Marchetti, 1939 Ed., page 268].
Theatrical distribution. Public showing and/or exhibition in any cinema
or theater or in any other place of motion pictures imposing admission
fees on persons for entertainment, education, information and
advertising. [Sec. 10, PD 1986]. See Non-theatrical distribution.
Theft. Crim. Law. 1. The felony committed by any person who, with
intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without
the latter's consent. It is likewise committed by: (a) Any person who,
having found lost property, shall fail to deliver the same to the local
authorities or to its owner; (b) Any person who, after having maliciously
damaged the property of another, shall remove or make use of the
fruits or object of the damage caused by him; and (c) Any person who
shall enter an inclosed estate or a field where trespass is forbidden or
which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals, or other forest or
farm products. [Art. 308, RPC]. 2. Taking of the thing to be
appropriated into the physical power of the thief, which idea is qualified
by other conditions, such as that taking must be effected animo
lucrandi and without the consent of the owner. [People v. Avila, GR
19786. Mar. 31, 1923].

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1137
Theft. Elements essential to constitute the crime: (a) the taking of
personal property; (b) that the property belongs to another; (c) that
the taking was done with intent of gain; (d) that it was done without
the consent of the owner, and (e) that it was accomplished without
violence or intimidation of persons nor force upon things [US v. De
Vera, 43 Phil. 1000; People v. Mercado, 65 Phil. 665; People v. Yusay,
50 Phil. 598; People v. Rodrigo, L-18507, Mar. 31, 1966, 16 SCRA 475].
Theft clause. Ins. A clause which includes theft as among the risks
insured against. [Claridades, A., Compilation of Notes, 2001-2006].
Theft of minerals. Elements: (a) The accused extracted, removed
and/or disposed of minerals; (b) these minerals belong to the
Government or have been taken from a mining claim or claims leased,
held or owned by other persons; and (c) the accused did not possess a
mining lease or a temporary permit or any other permit to mine
granted by the DENR Sec. or the Director of Mines under existing
mining decrees, laws and regulations. [Sec. 78, PD 463, as amended by
Sec. 23, PD 1385].
Theoretical justice. A tax system based on the taxpayers ability to
pay; it must be progressive. [Claridades, A., Compilation of Notes,
2001-2006].
Theory of cognition. See Cognition theory.
Theory of concurrent proximate
proximate cause theory.
cause.
See
Concurrent
Theory of manifestation. See Manifestation theory.

Third-party. Any person other than a passenger as defined in Sec. 373
of the Ins. Code and shall also exclude a member of the household, or
a member of the family within the second degree of consanguinity or
affinity, of a motor vehicle owner or land transportation operator, as
likewise defined herein, or his employee in respect of death, bodily
injury, or damage to property arising out of and in the course of
employment. [Sec. 373, IC, as amended by PD 1814 and 1981].
Third (fourth, etc.) party com-plaint. 1. A claim that a defending
party may, with leave of court, file against a person not a party to the
action, called the third (fourth, etc.) defendant, for contribution,

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1138
indemnity, subrogation or any other relief, in respect of his opponents
claim. [Sec. 11, Rule 6, RoC]. 2. A petition filed by a defendant against
a third (fourth, etc.) party (not presently a party to the suit) which
alleges that the third (fourth, etc.) party is liable for all or part of the
damages plaintiff may win from defendant. [Glossary of Legal Terms
(Pro-Se), 2004].
Third Party Liability (TPL). See Compulsory Motor Vehicle
Liability Insurance.
Third person. 1. Anyone who is not a co-owner, within the meaning of
Art. 1620 of the of the Civil Code (on the right of legal redemption of a
co-owner). [Basa v. Aguilar, L-30994, Sep. 30, 1982, 117 SCRA 130;
Villanueva v. Florendo, L-33150, Oct. 17, 1985, 139 SCRA 333]. 2. One
who has not taken part in the act or contract recorded. [Barrios v. Dolo,
GR 559. Mar. 14, 1903, citing Art. 27, Mortgage Law].
Third reading of a bill. The reading of the bill in the form as approved
on second reading and takes place only after printed copies thereof in
its final form have been distributed to the Members (of Congress) at
least three days before, unless the bill is certified (as urgent by the
Chief Executive). [Tolentino v. Sec. of Finance, GR 115455. Aug. 25,
1994].
Thirteenth (13th) month pay. One-twelfth (1/12) of the basic salary
of an employee within a calendar year. [Sec. 2, PD 851].
Thirteenth Month Pay Law. PD 851 entitled Requiring all employers
to pay their employees a 13th month pay signed into law on Dec. 16,
1975.
Thoraco-abdominal region. Belly. [Morenos Law Dict., 2000 Ed., p.
468].
Threat. A declaration of an intention or determination to injure another
by the commission upon his person, honor or property or upon that of
his family of some wrong which may or may not amount to a crime.
[Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., pp. 685-686].
Threatened species. A general term to denote species or subspecies
considered as critically endangered, endangered, vulnerable or other

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accepted categories of wildlife whose population is at risk of extinction.
[Sec. 5, RA 9147].
Threatening to publish and offer to prevent such publication for
a compensation. Crim. Law. The felony committed by any person
who threatens another to publish a libel concerning him or the parents,
spouse, child, or other members of the family of the latter or upon
anyone who shall offer to prevent the publication of such libel for a
compensation or money consideration. [Art. 356, RPC].
Threat of serious injury. Serious injury that is imminent. [Sec. 4, RA
8800].
Three-fold rule. Crim. Law. The rule that the maximum duration of the
sentence should not be more than three times the most severe penalty.
Thrift banks. Savings and mort-gage banks, private development banks,
and stock savings and loans associations organized under existing laws,
and any banking corporation that may be organized for the purposes
enumerated under Sec. 3 of RA 7906. [Claridades, A., Compilation of
Notes, 2001-2006].
Thrift Banks Act of 1995. RA 7906 entitled An Act providing for the
regulation of the organization and operations of thrift banks, and for
Tibihon. Tag. A person suffering from tuberculosis. [Gonzales v. Arcilla,
GR 27923. Nov. 18, 1991].
Timber. Any piece of wood having an average diameter of at least 15
centimeters and at 1.5 meters long, except all mangrove species which
in all cases, shall be considered as timber regardless of size. [Sec. 1.11,
DENR Order No. 80, 28 Dec. 1987, s. of 1987]
Timber land. Also Forest land. A classification of lands of the public
domain in the Constitution. (Sec. 3, Art. XII of the 1987 Constitution).
It is not descriptive of what appears on the land but is a legal status, a
classification for legal purposes. [Rep. v. CA, GR L-56948. Sep. 30,
1987]. Compare with Forest.

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1140
Time allowance for good conduct. See Good conduct time
allowance.
Time charter. Mar. Law. A contract to use a vessel for a particular
period of time, the charterer obtaining the right to direct the
movements of the vessel during the chartering period, although the
owner retains possession and control. [Maritime Agencies & Services,
Inc. v. CA, GR 77638. July 12, 1990].
Time immemorial. A period of time when as far back as memory can
go, certain Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs) are known to have occupied, possessed in the concept of
owner, and utilized a defined territory devolved to them, by operation
of customary law or inherited from their ancestors, in accordance with
their customs and traditions. [Sec. 4, RA 8371].
Time limitations. A common law term (also known as time-bars)
referring to periods of time, prescribed by statutes (statutes of
limitation) or international conventions, the expiry of which results in
the loss of the right to sue to enforce a claim or right. Although the
common law traditionally viewed most time limitations as procedural
and therefore subject to the lex fori, they are increasingly understood
as substantive, and thus governed by the law applicable to the
underlying contract or tort. [Tetley, Glossary of Conflict of Laws, 2004].
See also Prescription.
Time price differential. The amount added to the cash price of an
article when the sale is on credit. It is not interest within the meaning
of the Usury Law. [Emata v. IAC, GR 72714. June 29, 1989].
Tirahin. Tag. A popular expression specially among the criminal element
which means to go after or do something to someone, or even to kill
him. [People v. Cruz, GR L-8776. May 19, 1958].
Tire adjustment allowance. The credit allowed to a customer by a tire
manufacturer when the buyer of a tire finds some defect in it, that is,
upon the return of the tire, he is credited with the cost of the tire less
the value of the service it has rendered to him. Thus, when the
customer purchases a new tire, he is given a discount equivalent to the
adjustment credit on his defective tire. [Morenos Law Dict., 2000 Ed.,
p. 470].

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1141
Title. 1. Stat. Con. That part of the statute which gives a general
statement of, and calls attention to, the subject matter of an Act, so
that legislators and the public may be appraised of the subject matter
of the legislation, and be put upon inquiry in regard thereto. [Suarez,
Stat. Con., (1993), p. 43]. 2. Property. Legal ownership of property.
Title of the action. The part of a pleading that indicates the names of
the parties who shall all be named in the original complaint or petition.
[Sec. 1, Rule 7, Roc].
Titular sovereignty. Sovereignty fictitiously vested
personifies the power and majesty of the state
government is conducted. [Suarez, Pol. Law Reviewer,
36].
in a ruler who
and in whose
1st Ed., 2002, p.
Titulo colorado. Sp. Such title where, although there was a mode of
transferring ownership, still something is wrong because the grantor is
not the owner. [De Jesus v. CA, GR 57092. Jan. 21, 1993].
Titulo de abogado. Sp. The term means not mere possession of the
academic degree of Bachelor of Laws but membership in the Bar after
due admission thereto. The English equivalent of Abogado is lawyer or
attorney-at-law. [Ma. Cui v. Ma. Cui, GR L-18727. Aug. 31, 1964].
Titulo de compra. Sp. Title by purchase. [Dir. of Forestry v. Muoz, GR
L-25459. June 28, 1968].
Titulo gratuito. Sp. Gratuitous title. [Dir. of Forestry v. Muoz, GR
L-25459. June 28, 1968].
Titulo lucrativo. See Gratuitous title.
Titulo real. Sp. Royal grant. [Dir. of Forestry v. Muoz, GR L-25459.
June 28, 1968].
Titulo verdadero y valido. Sp. Such title which by itself is sufficient to
transfer ownership without necessity of letting the prescriptive period
elapse. [De Jesus v. CA, GR 57092. Jan. 21, 1993].
Tobacco. 1. Agricultural components derived from the tobacco plant,
which are processed for use in the manufacturing of cigarettes and

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other tobacco products. [Sec. 4, RA 9211]. 2. Locally grown Virginia
type tobacco, excluding those that are re-dried, threshed or blended.
[Sec. 3, PD 1481].
Tobacco advertising. Any messages and images promoting smoking;
the purchase or use of cigarette or tobacco trademarks brand names,
design and manufacturer's names. [Sec. 4, RA 9211].
Tobacco distributor. Any person to whom a tobacco product is
delivered or sold for purposes of distribution in commerce, except that
such terms does not include a manufacturer or retailer or common
carrier of such product. [Sec. 4, RA 9211].
Tobacco grower. Any person who plants tobacco before the enactment
of RA 9211 and classified as such by the National Tobacco
Administration (NTA). [Sec. 4, RA 9211].
Tobacco inspection fees. National Internal Revenue taxes levied and
collected for purposes of regulation and control and also as a source of
revenue. [La Suerte Cigar and Cigarette Factory v. CTA, GR L-36130.
Jan. 17, 1985].
Tobacco products. Any product that consists of loose tobacco that
contains nicotine and is intended for use in a cigarette, including any
product containing tobacco and intended smoking or oral or nasal use.
[Sec. 4, RA 9211].
Tobacco retailer. Any person who or entity that sells tobacco products
to individuals for personal consumption. [Sec. 4, RA 9211].
Tobar doctrine. See Wilson doctrine.
Together. In the same place or at the same spot; with each other
locally; hence, in company or companionship. [Morenos Law Dict.,
2000 Ed., p. 470].
Toilet preparation. Any preparation which is intended to affect and
conceivably improve the bodily appearance, such as a lotion intended
to contribute to the health and appearance of the skin. [Comm. of Int.
Rev. v. CTA, GR L-64768. Nov. 5, 1987].
Tolerance. Permission. [Morenos Law Dict., 2000 Ed., p. 470].

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Tolerance. The specified allowance for error in weighing, measuring,
etc., or variation from the standard or given dimension, weight or the
like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Toll. A sum of money for the use of something, generally applied to the
consideration which is paid for the use of a road, bridge or the like, of a
public nature. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16].
Toll fee. When used in connection with highways, a duty imposed on
goods and passengers traveling public roads. The toll for use of a toll
road is for its use in traveling thereon, not for its use as a parking place
for vehicles. [City of Ozamis v. Lumapas, GR L-30727. July 15, 1975].
Compare with Parking fee.
Tonnage due. The amount paid by the owner, agent, operator or
master of a vessel engaged in foreign trade coming to the Philippines
from a foreign port or going to a foreign port from the Philippines
based on the net tonnage of the vessel or weight of the articles
discharged or laden. [Sec. 3201, RA 1937].
Tools and implements. Instruments of husbandry or manual labor
needed by an artisan craftsman or laborer to obtain his living.
[Pentagon Security v. Jimenez, GR 88114. Dec. 20, 1990].
Torillo. Sp. A male carabao. [Morenos Law Dict., 2000 Ed., p. 471].
Torrens land registration system. A land registration system invented
by Robert Torrens and in which the government is the keeper of the
master record of all land and their owners. In the Torrens system, a
land title certificate suffices to show full, valid and title. [Duhaime's
Legal Dict., 2004].
Torrens system. 1. A system for registration of land under which, upon
the landowners application, the court may, after appropriate
proceedings, direct the issuance of a certificate of title. [Aquino, Land
Regist. & Related Proceedings, 2002 Rev. Ed., p. 1, citing Blacks Dict,
5th Ed., 1979]. 2. The system of registration of transactions with
interest in land whose object is, under governmental authority, to
establish and certify to the ownership of an absolute and indefeasible
title to realty, and to simplify its transfer. This system was devised and
first introduced in South Australia by Sir Robert Torrens in 1857. [Alba

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v. Dela Cruz, 17 Phil. 49, 58, 60 (1910)]. 3. The real purpose of the
system is to quiet title of land; to put a stop forever to any question of
the legality of the title, except claims which were noted at the time of
registration, in the certificate, or which may arise subsequent thereto.
That bring the purpose of the law, it would seem that once a title is
registered the owner may rest secure, without the necessity of waiting
in the portals of the courts, or sitting in the 'mirador de su casa,' to
avoid the possibility of losing his land. [Legarda v. Saleeby, 31 Phil. 590
(1915)].
Torrens title. A certificate of ownership issued under the Torrens
system of registration by the government through the Register of
Deeds, naming and declaring the owner in fee simple of the real
property described therein free from all liens and encumbrances except
such as may be expressly noted thereon or otherwise reserved by law.
[PNB v. IAC, GR 71753. Aug. 25, 1989].
Torrent. That amount of water which in case of heavy rains gathers in
deep places or canals where it is supposed to flow afterwards.
Tort. 1. Violation of a right given or the omission of a duty imposed by
law. [Naguiat v. NLRC, GR 116123. Mar. 13, 1997, citing Words &
Phrases, Permanent Ed., v. 41A, p. 503]. 2. A breach of a legal duty.
[Naguiat v. NLRC, GR 116123. Mar. 13, 1997, citing Bouvier's Law Dict.,
3rd Rev., v. 2]. 3. A private or civil wrong or injury for which the court
provides a remedy through an action for damages. [Glossary of Legal
Terms (Pro-Se), 2004]. Also referred to as Quasi-delict.
Tort-feasor. Name given to a person or persons who have committed a
tort. [Duhaime's Legal Dict., 2004].
Total allowable catch (TAC). The maximum harvest allowed to be
taken during a given period of time from any fishery area, or from any
fishery species or group of fishery species, or a combination of area
and species and normally would not exceed the MSY. [Sec. 4, RA
8550].
Total compensation. This takes place when the obligations are of
different amounts and compensation extinguishes the obligations
entirely. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with
Partial compensation.

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Total disability. It accrues or arises when the loss or reduction of
earning capacity amounts to at least seventy-five percent; or when the
aggregate loss or reduction or earning capacity resulting from more
than one injury and/or disease amounts to at least one hundred
percent. [Sec. 2, PD 1146].
Totality of circumstances test. The test adopted by the courts in
resolving the admissibility of and relying on out-of-court identification of
suspects, where they consider the following factors, viz: (a) the
witness' opportunity to view the criminal at the time of the crime; (b)
the witness' degree of attention at that time; (c) the accuracy of any
prior description given by the witness; (d) the level of certainty
demonstrated by the witness at the identification; (e) the length of time
between the crime and the identification; and, (6) the suggestiveness
of the identification procedure. [People v. Teehankee, GR 111206-08.
Oct. 6, 1995, citing Neil v. Biggers, 409 US 188 (1973)].
Totality rule. The rule that where there are several claims or causes of
actions between the same or different parties, embodied in the same
complaint, the amount of the demand shall be the totality of the claims
in all the causes of action, irrespective of whether the causes of action
arose out of the same or different transactions. [Sec. 33, BP 129, as
amended by RA 7691].
Total loss. See Actual total loss or Constructive total loss.
Tourist zone. A geographic area with well-defined boundaries
proclaimed as such by the President, upon the recommendation of the
Philippine Tourism Authority, and placed under the administration and
control of the Authority. [Sec. 38, PD 564].
Toxic amount. The lowest amount of concentration of toxic pollutants,
which may cause chronic or long-term acute or lethal conditions or
effects to the aquatic life, or health of persons or which may adversely
affect designated water uses. [Sec 4, RA 9275].
Toxic cataract. Cataract brought about by certain drugs such as ergot,
dinetrophenol, naphtalene, phenothiazines, and triparanol. [Jarillo v.
ECC, GR L-52058. Feb. 25, 1982].

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Toxic substance. Any substance other than a radioactive substance
which can cause injury, illness or death to man through ingestion,
inhalation or absorption through any body surface. [Art. 4, RA 7394].
TPL. Third Party Liability.
TPO. See Temporary Protection Order.
Traces. See Retrospectant evidence.
Trade. 1. The act of engaging in the exchange, exportation or
importation, purchase or sale of wildlife, their derivatives or
by-products, locally or internationally. [Sec. 5, RA 9147]. 2. Any group
of interrelated jobs or any occupation which is traditionally or officially
recognized as craft or artisan in nature requiring specific qualifications
that can be acquired through work experience and/or training. [Sec. 4,
RA 7796]. 3. Any industrial craft or artisan occupation which is officially
or traditionally recognized as requiring special qualifications which can
only be acquired through lengthy training, experience, and practical
and theoretical instruction. [Sec. 1, Rule 1, Book 2, IRR of LC].
Trade acceptance. Nego. Inst. A bill of exchange drawn by the seller
on the purchase of goods. [Martin, Commentaries and Jurisp. on
Comml. Laws, Vol. 1, 1988 Rev. Ed., pp. 69-70].
Trade acceptance bill. Nego. Inst. A bill of exchange payable to order
with a certain maturity, drawn by a seller against the purchaser of
goods as drawee and accepted by such drawee. [Diaz, Bus. Law Rev.,
1991 Ed., p. 364].
Trade dress. In Unfair Competition Law, a product sold in the market,
not in a naked state, but dressed up with a package or container, label
and perhaps, a display card. [Morenos Law Dict., 2000 Ed., p. 472].
Trademark. See Trade name.
Trade name. Also Trademark. 1. The name or designation identifying
or distinguishing an enterprise. [Sec. 121, RA 8293]. 2. A word or
words, name, title, symbol, emblem, sign or device or any combination
thereof used as an advertisement, sign, label, poster or otherwise for
the purpose of enabling the public to distinguish the business of the
person who owns and uses said trade name or trademark. [Art. 4, RA

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7394]. 3. A word or words, name, title, symbol, emblem, sign or
device, or any combination thereof used as an advertisement, sign,
label, poster, or otherwise, for the purpose of enabling the public to
distinguish the business of the person who owns and uses said
trade-name or trademark. [Art. 188, RPC].
Trade test. Examination or test to determine whether a person meets
the standards of a particular trade. [Sec. 1, Rule 1, Book 2, IRR of LC].
Trading corporations. Corporations which were vested by their
respective sovereigns with certain governmental powers over territory
placed under their jurisdiction. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
17].
Traditio brevi manu. The delivery of movable property made by the
mere consent or agreement of the contracting parties, if the latter
already had it in his possession for any other reason. [Art. 1499, CC].
This takes place when the vendee has possession of the thing sold in
another capacity than an owner. [Diaz, Bus. Law Rev., 1991 Ed., p.
120].
Traditio constitutum possessorium. This is the opposite of Traditio
brevi manu. This takes place when the vendor continues to have
possession of the thing sold but no longer in the concept of an owner
but in the concept of a lessee. [Diaz, Bus. Law Rev., 1991 Ed., p. 120,
citing Art. 1500, CC].
Traditio longa manu. The delivery of movable property made by the
mere consent or agreement of the contracting parties, if the thing sold
cannot be transferred to the possession of the vendee at the time of
the sale. [Art. 1499, CC]. This is effected by simply pointing to the
thing sold, after which the thing is now placed at the control and
disposal of the vendee. [Diaz, Bus. Law Rev., 1991 Ed., p. 120].
Tradition or Traditio, or Tradicion. A mode of transmission of
ownership which may be actual (real tradition) or constructive
(constructive tradition). [Phil. Suburban Devt. Corp. v. Auditor General,
GR L-19545. Apr. 18, 1975]. See Delivery.
Traditional and alternative health care. The sum total of knowledge,
skills and practices on health care, other than those embodied in

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biomedicine, used in the prevention, diagnosis and elimination of
physical or mental disorder. [Sec. 4, RA 8423].
Traditional and Alternative Medicine Act (TAMA) of 1997. RA
8423 entitled An Act creating the Philippine Institute o Traditional ad
Alternative Health Care (PITAHC) to accelerate the development of
traditional and alternative health care in the Philippines, providing for a
traditional and alternative health care development fund and for other
purposes enacted on Dec. 9, 1997.
Traditional folk art. Expressions of distinctiveness and artistic quality
created to serve a decorative and/or utilitarian or socio-cultural
functions of traditional folk artists commonly known for such works.
[Sec. 7355].
Traditional healers. The relatively old, highly respected people with a
profound knowledge of traditional remedies. [Sec. 4, RA 8423].
Traditional medicine. The sum total of knowledge, skills and practice
on health care, not necessarily explicable in the context of modern,
scientific philosophical framework, but recognized by the people to help
maintain and improve their health towards the wholeness of their
being, the community and society, and their interrelations based on
culture, history, heritage, and consciousness. [Sec. 4, RA 8423].
Traditional use. Utilization of wildlife by indigenous people in
accordance with written or unwritten rules, usage, customs and
practices traditionally observed, accepted and recognized by them.
[Sec. 5, RA 9147].
Traditio simbolica. It consists in the delivery of certain symbols or
things representing the things delivered such as the keys or the titles of
a tenement. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
459].
Trafficking. Transferring, or other-wise disposing of, to another, or
obtaining control of, with intent to transfer or dispose of. [Sec. 3, RA
8484].
Trafficking in persons. The recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use

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of force, or other forms of coercion, abduction, fraud, deception, abuse
of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person for the
purpose of exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of
organs. The recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall also be considered as
trafficking in persons even if it does not involve any of the means set
forth in the preceding sentence. [Sec. 3, RA 9208].
Trainees. Persons who are participants in a vocational, administrative or
technical training program for the purpose of acquiring and developing
job-related skills. [Sec. 4, RA 7796].
Trainers. Persons who direct the practice of skills towards immediate
improvement in some task. [Sec. 4, RA 7796].
Training. The systematic development of the attitude, knowledge, skill,
or behavior pattern required for the adequate performance of a given
job or task. [Sec. 1, Rule 1, Book 2, IRR of LC].
Training in vocation. A range of activities aimed at providing the skills,
knowledge, and attitudes required for employment in a particular
occupation, group, group of related occupations or functions in a field
of economic activity. [Sec. 1, Rule 1, Book 2, IRR of LC].
Trainors or trainers. Persons who provide training to trainers aimed at
developing the latter's capacities for imparting attitudes, knowledge,
skills and behavior patterns required for specific jobs, tasks,
occupations or group of related occupations. [Sec. 4, RA 7796].
Transacting an insurance business. See Doing an insurance
business.
Transacting business. Corp. Law. The continuity of conduct, and
intention of continuing the body or substance of the business or
enterprise for which the foreign corporation was organized. [Diaz, Bus.
Law Rev., 1991 Ed., p. 303].

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Transaction. As used in the Anti-Money Laundering Act of 2001 (RA
9160), the term refers to any act establishing any right or obligation or
giving rise to any contractual or legal relationship between the parties
thereto. It also includes any movement of funds by any means with a
covered institution. [Sec. 3, RA 9160].
Transactional immunity. Immunity granted to the witness from
prosecution for an offense to which his compelled testimony relates.
[Galman v. Pamaran, GR 71208-09. Aug. 30, 1985, citing Black Law
Dict., 5th Ed., 1979]. Compare with Use immunity.
Transcript. A written, word-for-word record of what was said. Usually
refers to a record of a trial, hearing, or other proceeding which has
been transcribed from a recording or from shorthand. [Glossary of
Transfer. Admin. Law. A movement (a) from one position to another of
equivalent rank, level or salary, without a break in the service; and (b)
from one office to another within the same business establishment.
[Sentinel Security Agency, Inc. v. NLRC, GR 122468. Sep. 3, 1998].
Compare with Promotion.
Transfer. Civ. Law. 1. The act by which the owner of a thing delivers it
to another with the intent of passing the rights which he has in it to the
latter. [Chemphil Export & Import Corp. v. CA, GR 112438-39. Dec. 12,
1995]. 2. Any act by which property of one person is vested in another.
[Law Dict. of Words & Phrases, 3rd Series, Vol. 7, p. 5867].
Transferee. A person who receives property being transferred. The
person from whom the property is moving is the transferor. [Duhaime's
Legal Dict., 2004].
Transfer of shares. Any means whereby one may be divested of and
another acquire ownership of stock. (Chemphil v. CA, GR 112438-39.
Dec. 12, 1995, citing Wallach v. Stein [N.J]., 136 A., 209, 210.)
Transferor. A person from whom property moves. Property is
transferred from the transferor to the transferee. [Duhaime's Legal
Dict., 2004].
Transferring stockholder. Also called the Depositing stockholder.
The equitable owner of the stocks represented by the voting trust

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certificates and the stock reversible on termination of the trust by
surrender. [Lee v. CA, GR 93695. Feb. 4, 1992, citing Comml. Laws of
the Phil. by Agbayani, Vol. 3, pp. 492-493].
Transformation. The method of escape from taxation whereby the
manufacturer or producer upon whom the tax has been imposed,
fearing the loss of his market if he should add the tax to the price, pays
the tax and endeavors to recoup himself by improving his process of
production thereby turning out his units of products at a lower cost.
[De Leon, Fundamentals of Taxation, 2000 Ed., p. 57].
Transformation doctrine. Intl. Law. 1. Doctrine that holds that
customary international law is applicable domestically only after it is
adopted by legislation, court decision, or local usage. [Intl. Law Dict. &
Direct., 2004]. 2. The doctrine that requires such principles of
international law to be enacted as statutes or otherwise converted into
municipal law before they can be considered binding on the state.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 8]. Compare with
Incorporation doctrine.
Transient aircraft. All those which do not have, at the airport, any
fixed base, area, or parking space. [Sec. 3, RA 224].
Transitory action. Rem. Law. An action founded on privity of contract
between the parties. [Albano, Rem. Law Reviewer, 1st Ed., p. 71, citing
Dela Cruz v. Seminary of Manila, 18 Phil. 330]. Compare with Local
action.
Transit shed. A building or shed which is situated at or near a quay,
wharf or pier, and is used for the temporary or short-term storage of
goods in transit, or to be shipped or discharge from a vessel. [Sec. 3,
PD 857].
Transmissibility of rights. It means that all rights acquired in virtue of
an obligation are transmissible, except when prohibited by law or by
stipulation of the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 10].
Transmission of electricity. The conveyance of electricity through the
high voltage backbone system. [Sec. 4, RA 9136].

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Transmission of electricity charge. The regulated cost or charges for
the use of a transmission system which may include the availment of
ancillary services. [Sec. 4, RA 9136].
Transmission theory. Conf. of Laws. The process of applying the law
of a foreign state through the law of a second foreign state. [Paras,
Phil. Conflict of Laws, 8th Ed. (1996), p. 215].
Transport. To carry or convey from one place to another. [People v.
Correa, GR 119246. Jan. 30, 1998, citing Black's Law Dict., 1979 ed., p.
1344].
Transportation. The movement of goods or persons from one place to
another, by a carrier. [People v. Correa, GR 119246. Jan. 30, 1998,
citing Black's Law Dict., 1979 Ed., p. 1344].
Transportation facility. Rails and railcars, highways, wheeled vehicles,
bridges, tunnels, tramways, subways, passenger or cargo vessels,
ferry-boats, lighters, tugs, barges, scows, ramps, and any kind of
facility in use or for use of the transportation, movement, or carriage of
goods or passengers. [Sec. 3, PD 857].
Transportation infrastructure. Roads, bridges, ports, airports, and
the different modes of transportation using these infrastructure. [Sec.
4, RA 7607].
Transportation ticket. It is not a mere piece of paper. When issued by
a common carrier, it constitutes the contract between the ticket-holder
and the carrier. It gives rise to the obligation of the purchaser of the
ticket to pay the fare and the corresponding obligation of the carrier to
transport the passenger upon the terms and conditions set forth
thereon. The ordinary ticket issued to members of the traveling public
in general embraces within its terms all the elements to constitute it a
valid contract, binding upon the parties entering into the relationship.
[Comm. of Int. Rev. v. British Overseas Airways Corp., GR L-65773-74.
Apr. 30, 1987, citing Am Jur 2d 813].
Transport permit. A permit issued authorizing an individual to bring
wildlife from one place to another within the territorial jurisdiction of
the Philippines. [Sec. 5, RA 9147].

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Transsexualism. Legal Med. A sexual disorder characterized by a strong
compulsion to identify with the opposite gender and to discard ones
anatomical sex organ, to the extent of having a sex change through
surgery. [Olarte, Legal Med., 1st Ed. (2004), p. 120].
Transship. To transfer for further transportation from one ship or
conveyance to another. [Samar Mining Co. v. Nordeutscher Lloyd, GR
L-28673. Oct. 23, 1984, citing Webster's 3rd Intl. Dict. (Unabr.)].
Transshipment. Mar. Law. 1. The act of taking cargo out of one ship
and loading it in another. [Magellan v. CA, GR 95529. Aug. 22, 1991,
citing Black's Law Dict., 4th Ed., 1670]. 2. The transfer of goods from
the vessel stipulated in the contract of affreightment to another vessel
before the place of destination named in the contract has been
reached. [Magellan v. CA, GR 95529. Aug. 22, 1991 citing, Ballentine
Law Dict. with Pronunciations, 1959 ed., 1295]. 3. The transfer for
further transportation from one ship or conveyance to another.
[Webster's 3rd New Intl. Dict. (Unabr.), 1986 Ed., 2431; Samar Mining
v. Nordeutscher Lloyd, 132 SCRA 529 (1984)].
Transvestism. Legal Med. A form of deviation wherein a person attains
sexual pleasure by dressing the way the opposite sex does. [Olarte,
Legal Med., 1st Ed. (2004)].
Traumatic cataract. Cataract caused by blunt as penetrating injuries to
the eye, intraocular foreign bodies, radiation and high voltage
electricity. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982].
Travelers check. A check upon which the drawers signature appears
twice, one to be affixed by him upon purchase of the check and the
other which is a counter-signature to be affixed by him upon issuance.
Travelers letter of credit. A letter from a bank addressed to its
correspondents stating that drafts up to a certain sum drawn by the
beneficiary will be honored by the bank.
Traverse. The term signifies a denial. Thus, where a defendant denies
any material allegation of fact in the plaintiff's declaration, he is said to
traverse it, and the plea itself is thence frequently termed a traverse.

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[Abadilla v. Ramos, GR 79173. Dec. 1, 1987, citing Black's Law Dict.,
5th Ed., p. 1345].
Trawl. An active fishing gear consisting of a bag shaped net with or
without otter boards to open its opening which is dragged or towed
along the bottom or through the water column to take fishery species
by straining them from the water, including all variations and
modifications of trawls (bottom, mid-water, and baby trawls) and tow
nets. [Sec. 4, RA 8550].
Treachery. Crim. Law. The means, methods, or forms employed by the
offender who commits any of the crimes against person, which tend
directly and specially to ensure its execution, without risk to himself
arising from the defense which the offended party might make. [Art. 14
(16), RPC].
Treachery. Crim. Law. Requisites: (a) That at the time of the attack, the
victim was not in a position to defend himself; and (b) that the offender
consciously adopted the particular means, method, or form of attack
employed by him. [People v. Estillore, 141 SCRA 456 (1986)].
Treason. Crim. Law. 1. The felony committed by any person who, owing
allegiance to the Government of the Philippines, not being a foreigner,
levies war against it or adheres to its enemies, giving them aid or
comfort within the Philippines or elsewhere. [Art. 114, RPC]. 2. A
breach of allegiance to a government, committed by a person who
owes allegiance to it. [US v. Abad 1 Phil. 437].
Treasury shares. Corp. Law. Shares of stock which have been issued
and fully paid for, but subsequently reacquired by the issuing
corporation by purchase, redemption, donation or through some other
lawful means. Such shares may again be disposed of for a reasonable
price fixed by the board of directors. [Sec. 9, Corp. Code].
Treatise. A formal and systematic book or writing containing a narrative
statement on a field of law. [Glossary of Legal Terms (Pro-Se), 2004].
Treatment. 1. The provision of prompt, appropriate and adequate
medicine, medical, and surgical management or dietary prescription to
a newborn for purposes of treating or mitigating the adverse health
consequences of the heritable condition. [Sec. 4, RA 9288]. 2. Any
method, technique, or process designed to alter the physical, chemical

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or biological and radiological character or composition of any waste or
wastewater to reduce or prevent pollution. [Sec 4, RA 9275].
Treatment procedure. Any method used to remove the symptoms and
cause of a disease. [Sec. 1, RA 9241].
Treaty. 1. A formal agreement, usually but not necessarily in writing,
which is entered into by states or entities possessing treaty-making
capacity, for the purpose of regulating their mutual relations under the
law of nations. [Sandoval, Pol. Law Reviewer 2003]. 2. A formal
agreement between two states signed by official representatives of
each state. A treaty may be law-making in that it is the declared
intention of the signatories to make or amend their internal laws to give
effect to the treaty. Other treaties are just contracts between the
signatories to conduct themselves in a certain way or to do a certain
thing. These latter type of treaties are usually private to two or a
limited number of states and may be binding only through the
International Court of Justice. [Duhaime's Legal Dict., 2004].
Treaty of Paris. The treaty signed on Dec. 10, 1898 in Paris, France
where Spain ceded the Philippines to the United States of America,
together with Guam, Panama and Puerto Rico, for $20 million.
Treble. Triple.
Treble costs. Costs (other than double costs) which may be imposed on
the plaintiff or appellant, where an action or an appeal is found to be
frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3,
Rule 143, RoC].
Tree farm. Any tract of forest land purposely and extensively planted to
trees of economic value for their fruits, flowers, leaves, barks, or
extractives, but not for the wood thereof. [Sec. 3, PD 705].
Tres cantos. Sp. Three-bladed knife. [People v. Marciales, GR L-61961.
Oct. 18, 1988].
Trespass. Crim. Law. 1. The felony committed by any person who shall
enter the closed premises or the fenced estate of another, while either
or them are uninhabited, if the prohibition to enter be manifest and the
trespasser has not secured the permission of the owner or the
caretaker thereof. [Art. 281, RPC]. 2. Any unauthorized entry on realty

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of another to the damage thereof. [People v. Dimana, GR L-26668. Apr.
27, 1972, citing City of Cape Girardeau v. Pankey, Mo. App. 224 S. W.
2d 588, 589].
Trial. 1. All proceedings from the time when issue is joined, or, more
usually, when the parties are called to try their case in court, to the
time of its legal determination. [Gutierrez v. CA, GR 82475. Jan. 28,
1991, citing Black's Law Dict., p. 1675 (Rev. 4th Ed., 1968]. 2. A
judicial examination of issues between parties to an action. [Glossary of
Trial brief. A written document prepared for and used by an attorney at
trial. It contains the issues to be tried, synopsis of evidence to be
presented and case and statutory authority to substantiate the
attorney's position at trial. [Glossary of Legal Terms (Pro-Se), 2004].
Trial by commissioner. The referral, by order of the court upon written
consent of both parties, of any or all of the issues in a case to a
commissioner to be agreed upon by the parties or to be appointed by
the court. The word "commissioner" includes a referee, an auditor and
an examiner. [Sec. 1, Rule 32, RoC].
Trial calendar. A calendar for cases which have passed the pre-trial
stage. [Albano, Rem. Law Reviewer, 1st Ed., p. 270].
Trial custody. A supervised trial custody period of at least six months
given by the court to the adopting parents to assess their adjustment
and emotional readiness for the legal union as a prerequisite before any
petition for adoption is finally granted. During the period of trial
custody, parental authority shall be vested in the adopting parents.
[Art. 35, PD 603, as amended by EO 91].
Trial in absentia. Trial which may proceed after arraignment
notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable. [People v.
Agbulos, GR 73875. May 18, 1993, citing Art. III, Sec. 14 (2) of the
1987 Constitution].
Trial lawyer. A lawyer who personally handles cases in court,
administrative agencies or boards which means engaging in actual trial
work either for the prosecution or for the defense of cases of clients.
[Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 4].

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Triangulo (small). A firecracker shaped like a triangle with powder
content less than the bawang and usually wrapped in brown paper
measuring 3/4 inch length in its longest side. [Sec. 2, RA 7183].
Tribadist. See Lesbian.
Tribal court. A court existing under the customs and traditions of an
indigenous cultural community. Such courts are not a part of the
Philippine judicial system which consists of the Supreme Court and the
lower courts which have been established by law (Sec. 1, Art. VIII,
1987 Constitution). They do not possess judicial power. [Badua v.
Cordillera Bodong Administration, GR 92649. Feb. 14, 1991].
Tribal land areas. The areas comprising both land and sea that are
traditionally occupied by the cultural minorities. [Sec. 3, RA 7611].
Triennial cohabitation doctrine. A presumption that the husband is
impotent should the wife still remain a virgin after living together with
the husband for three (3) years. [Claridades, A., Compilation of Notes,
2001-2006].
Trigger price. The volume bench-mark for applying the special safe
guard measure. [Sec. 4, RA 8800].
Trigger volume. The price bench-mark for applying the special
safeguard measure. [Sec. 4, RA 8800].
Trip charter. See Voyage charter.
Trisikad. Tag. Bicycle with a sidecar used as a passenger vehicle.
[People v. Verano, GR 110109. Nov. 21, 1996].
TRO. See Temporary restraining order.
Trompillo. A pyrotechnic device usually fastened at the center and
designed to spin first clockwise and then counter-clockwise and
provides various colored lights upon being ignited. [Sec. 2, RA 7183].
Tropical fabrics. Those containing natural fibers produced, spun, woven
or knitted and finished in the Philippines. [Sec. 2, RA 9242].

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Troso. Tag. Round logs. [Morenos Law Dict., 2000 Ed., p. 479].
Trover. An old English and common law legal proceeding against a
person who had found someone else's property and has converted that
property to his own purposes. The action of trover did not ask for the
return of the property but for damages in an amount equal to the
replacement value of the property. English law replaced the action of
trover with that of conversion in 1852. [Duhaime's Legal Dict., 2004].
Truce. Intl. Law. The term is sometimes used interchangeably with
armistice but is now understood to refer to a ceasefire with conditions
attached. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144].
Truck or cargo van. A motor vehicle of any configuration that is
exclusively designed for the carriage of goods and with any number of
wheels and axles. Provided, That pick-ups shall not be considered as
trucks. [RA 9224].
True conflict. A legal problem where one or more jurisdictions has a
genuine interest in having its law applied. [Tetley, Glossary of Conflict
of Laws, 2004].
True copy. A correct copy of the original. [Morenos Law Dict., 2000 Ed.,
p. 479].
Trust. 1. A fiduciary relationship concerning property which obliges the
person holding it to deal with the property for the benefit of another.
The person holding, in view of his equitable title, is allowed to exercise
certain powers belonging to the owner of the legal title. [Tabingan,
Spec. Proceedings, 1st Ed., 2001, p. 246]. 2. A legal device used to
manage real or personal property, established by one person (grantor
or settlor) for the benefit of another (beneficiary). [Glossary of Legal
Terms (Pro-Se), 2004]. 3. Property given by a person called the donor
or settlor, to a trustee, for the benefit of another person called the
beneficiary or donee. The trustee manages and administers the
property, actual ownership is shared between the trustee and the
beneficiary, and all the profits go to the beneficiary. [Duhaime's Legal
Dict., 2004]. See Trustee.
Trust agreement or declaration. The legal document that sets up a
living trust. Testamentary trusts are set up in a will. [Jurists Legal Dict.,
2004].

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Trust de son tort. A trustee "of his own wrong"; a person who is not a
regularly appointed trustee but because of his intermeddling with the
trust and the exercise of some control over the trust property, he can
be held by a court as a constructive trustee which entails liability for
losses to the trust. [Duhaime's Legal Dict., 2004]. See Constructive
trust.
Trusted services. Such trusted services of a lawyer to his client which is
of the highest degree of trust. [Grio v. CSC, GR 91602. Feb. 26,
1991].
Trustee. 1. One in whom confidence is reposed as regards property for
the benefit of another person. [Art. 1440, CC]. 2. The person or
institution that manages the property put in trust. [Glossary of Legal
Terms (Pro-Se), 2004]. 3. The person who holds property rights for the
benefit of another through the legal mechanism of the trust. A trustee
usually has full management and administration rights over the
property but these rights must always be exercised to the full
advantage of the beneficiary. All profits from the property go to the
beneficiary although the trustee is entitled to reimbursement for
administrative costs. There is no legal impediment for a trustee to also
be a beneficiary of the same property. [Duhaime's Legal Dict., 2004].
Trustee
de
son
tort
A trustee "of his own wrong"; a person who is not a regularly appointed
trustee but because of his or her intermeddling with the trust and the
exercise of some control over the trust property, can be held by a court
as "constructive" trustee which entails liability for losses to the trust.
Trusteeship Council. The principal organ of the United Nations which is
directly charged with the administration of the international trusteeship
system. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 32].
Trust ex delicto. See Constructive trust.
Trust ex maleficio. See Constructive trust.
Trust funds. Funds which have come officially into the possession of any
agency of the Government or of a public officer as trustee, agent, or

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administrator, or which have been received for the fulfillment of some
obligation. [Sec. 2, Chap. 1 Subtitle B, EO 292].
Trustor. A person who establishes a trust. [Art. 1440, CC].
Trust property. Property actually in existence and in which the trustor
has a transferable title or interest. [Morenos Law Dict., 2000 Ed., p.
477].
Trust receipt. 1. The written or printed document signed by the
entrustee in favor of the entruster containing terms and conditions
substantially complying with the provisions of PD 115. No further
formality of execution or authentication shall be necessary to the
validity of a trust receipt. [Sec. 3, PD 115]. 2. A security agreement,
pursuant to which a bank acquires a security interest in the goods. It
secures an indebtedness and there can be no such thing as security
interest that secures no obligation. [Vintola v. Insular Bank of Asia &
America, GR 73271, May 29, 1987, 150 SCRA 578].
Trust Receipts Law. PD 115 entitled Providing for the regulation of
trust receipts transactions signed into law on Jan. 29, 1973.
Trust receipt transaction. Any transaction by and between a person
referred to in PD 115 as the entruster, and another person referred to
in the same Decree as the entrustee, whereby the entruster, who owns
or holds absolute title or security interests over certain specified goods,
documents or instruments, releases the same to the possession of the
entrustee upon the latter's execution and delivery to the entruster of a
signed document called the trust receipt wherein the entrustee binds
himself to hold the designated goods, documents or instruments in
trust for the entruster and to sell or otherwise dispose of the goods,
documents or instruments with the obligation to turn over to the
entruster the proceeds thereof to the extent of the amount owing to
the entruster or as appears in the trust receipt or the goods,
instruments themselves if they are unsold or not otherwise disposed of,
in accordance with the terms and conditions specified in the trust
receipt, or for other purposes. [Prudential Bank v. IAC, GR 74886. Dec.
8, 1992, citing Sec. 4, PD 115].
Truth in lending. Statutes which provide that precise and meaningful
cost of credit information be provided to the credit customer. [Jurists
Legal Dict., 2004].

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Truth in Lending Act. RA 3765 entitled An Act to Require the
Disclosure of Finance Charges in Connection with Extensions of Credit
Tubo. Tag. Lead pipe. [People v. Aguiluz, GR 91662. Mar. 11, 1992].
Tug. A steam vessel built for towing, synonymous with tugboat. [Luzon
Stevedoring Corp. v. CA, GR L-30232. July 29, 1988, citing Bouvier's
Law Dictionary].
Tugboat. 1. A strongly built, powerful steam or power vessel, used for
towing and, now, also used for attendance on vessel. [Webster New
Intl. Dict., 2nd Ed.]. 2. A diesel or steam power vessel designed
primarily for moving large ships to and from piers for towing barges
and lighters in harbors, rivers and canals. [Encyc. Intl. Grolier, Vol. 18,
p. 256]. 3. A steam vessel built for towing, synonymous with tugboat.
[Bouvier's Law Dict.]. [Definitions were cited in Luzon Stevedoring
Corp. v. Oben, CTA Case 1484. Oct. 21, 1968].
Tuition fee. 1. Fee collected by the school in paying for the instruction.
[Sec. 1, PD 577]. 2. The school charges for the subjects or course
enrolled in by a pupil or student, as indicated in the respective
prospectuses, colleges and universities, which may either be on a term
or yearly basis or per unit or units. [Sec. 1, Rule II, PD 451].
Tumults and other disturbance of public orders; tumultuous
disturbance or interruption liable to cause disturbance. Crim.
Law. The felony committed by any person who shall cause any serious
disturbance in a public place, office, or establishment, or shall interrupt
or disturb public performances, functions or gatherings, or peaceful
meetings, if the act is not included in the provisions of Art. 131 and 132
of the Rev. Penal Code; or by persons causing any disturbance or
interruption of a tumultuous character; or by any person who in any
meeting, association, or public place, shall make any outcry tending to
incite rebellion or sedition or in such place shall display placards or
emblems which provoke a disturbance of the public order; or by those
persons who, in violation of the provisions contained in the last clause
of Art. 85 of the Rev. Penal Code, shall bury with pomp the body of a
person who has been legally executed. [Art. 153, RPC].

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Tumultuous affray. It takes place when a quarrel occurs between
several persons and they engage in a confused and tumultuous affray,
in the course of which same person is killed or wounded and the author
thereof cannot be ascertained. [US v. Tandoc, GR 15635. Mar. 16,
1920, citing Arts. 405 and 420, RPC].
Tupada. Tag. Cockfight. [People v. Panganiban, GR 97969. Feb. 6,
1995].
Turnover tax. A tax paid when a good or a service is transferred from
one person to another. [Intl. Law Dict. & Direct., 2004].
Tussis. Lat. Cough. [Etepha v. Dir. of Patents, GR L-20635. Mar. 31,
1966, Webster's 3rd Intl. Dict., 1964 ed., p. 2470].
Tutius semper est errare acquietando quam in puniendo Lat. It is
always safer to err in acquitting than in punishing. [People v. Lizada,
GR 97226. Aug. 30, 1993].
Two-dismissal rule. The rule that where the same complaint had twice
been dismissed by the plaintiff without order of the court by the mere
act of serving notice of dismissal, the second dismissal operates as an
adjudication on the merits. [Albano, Rem. Law Reviewer, 1st Ed., p.
236].
Two-witness rule. The rule that no person shall be convicted of
treason unless on the testimony of two 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 to sail or put out of port when there is a
typhoon or storm or when there is a typhoon or storm warning at the
port of destination or between the said ports. [Morenos Law Dict.,
2000 Ed., p. 479].

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1164
-UUberrima fides or Uberrimae fidae. Lat. 1. Most abundant good faith.

[Tang v. CA, GR L-48563. May 25, 1979]. 2. Good faith; absolute and
perfect candor or openness and honesty; the absence of any
concealment or deception, however slight [Grepalife v. CA, GR L-31845.
Apr. 30, 1979, citing Black's Law Dict., 2nd Ed.].
Ubi jus ibi remedium. Lat. Where there is a right, there is a remedy
[Gabila v. Perez, GR 29541. Jan. 27, 1989, citing Ballentine's Law Dict.,
1948 Ed., p. 1307].
Ubi lex non distinguit nec nos distinguere debemus. 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 13, 1994, citing Black's
Law Dict., 4th Ed.]. 2. The essential facts constituting the plaintiff's
cause of action. A fact is essential if it cannot be stricken out without
leaving the statement of the cause of action insufficient. [Moran, Rules
of Court, Vol. 1, 1963 Ed., p. 213, cited in Remitere v. Vda. de Yulo, GR
L-19751, 28 Feb. 1966, 16 SCRA 251]. Compare with Evidentiary
facts.
Ultra vires. Without authority. An act which is beyond the powers or
authority of the person or organization which took it. [LawInfo Legal
Dictionary (2005)].

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1165
Ultra vires act. Corp. Law. An act committed outside the object for
which a corporation is created as defined by law of its organization and
therefore beyond the powers conferred upon it by law [Rep. v. Acoje
Mining, GR L-18062. Feb. 28, 1963, citing 19 CJS, Sec. 965, p. 419]. 2.
Without authority. An act which is beyond the powers or authority of
the person or organization which took it. [Duhaime's Legal Dict., 2004].
Compare with Intra vires act.
Unanimity of parties. The absence of serious controversy between the
parties in interest as to the title of the party seeking relief under Sec.
112 of the Land Registration Act. [Vicente v. Delos Santos, GR L-20351.
Feb. 27, 1969].
Unattended child. A child is unattended when left by himself without
provisions for his needs and/or without proper supervision. [Art. 141,
PD 603].
Unauthorized access device. Any access device that is stolen, lost,
expired, revoked, canceled, suspended, or obtained with intent to
defraud. [Sec. 3, RA 8484].
Unauthorized contract. A contract entered into in the name of another
by one who has no authority or legal representation, or who has acted
beyond his powers. [Art. 1317, CC].
Uncertificated security. A security evidenced by electronic or similar
records. [Sec. 3, RA 8799].
UNCITRAL. United Nations Com-mission on International Trade Law.
Established by a United Nations General Assembly Resolution in 1966 to
harmonize and unify international trade law. It was instrumental in the
preparation of the Hamburg Rules, 1978. [Tetley, Glossary of Conflict of
Laws, 2004].
UNCITRAL model law, 1985. The UNCITRAL Model Law on
Inter-national Commercial Arbitration adopted on June 21, 1985 during
the Fortieth Session of the General Assembly, United Nations, New York
in 1985. [Tetley, Glossary of Conflict of Laws, 2004].
Unclaimed balances. They include credits or deposits of money,
bullion, security or other evidence of indebtedness of any kind, and
interest thereon with banks, buildings and loan associations, and trust

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corporations in favor of any person known to be dead or who has not
made further deposits or withdrawals during the preceding ten years or
more. Such unclaimed balances, together with the increase and
proceeds thereof, shall be deposited with the Treasurer of the
Philippines to the credit of the Government of the Republic of the
Philippines to be used as the (Congress) may direct. [Sec. 1, Act 3936,
as amended].
Unclean or dirty hands. (a) Maxim that a party whose actions cause
the other party to breach, may not complain. (b) When the plaintiff
took inappropriate steps in attempting to recoup a loss prior to bringing
a claim. [Intl. Law Dict. & Direct., 2004]. More precisely Coming to
court with unclean hands.
UNCLOS. United Nations Convention on the Law of the Sea. Signed on
10 Dec. 1982 at Montego Bay, Jamaica, it seeks to establish a legal
order for the seas and oceans to promote their peaceful use, equitable
and efficient utilization of resources and protect and preserve the
marine environment.
Unconditional promise or order to pay. An unqualified promise
within the meaning of the Negotiable Instruments Law though coupled
with: (a) an indication of a particular fund out of which reimbursement
is to be made or a particular account to be debited with the amount; or
(b) a statement of the transaction which gives rise to the instrument.
But an order or promise to pay out of a particular fund is not
unconditional. [Sec. 3, NIL].
Unconscionability. An absence of meaningful choice on the part of one
of the parties to a contract, and contract terms which are unreasonably
favorable to the other party. [Jurists Legal Dict., 2004].
Unconstitutional act. It is not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no office; it is, in legal
contemplation, inoperative, as if it had not been passed. It is therefore
stricken from the statute books and considered never to have existed at
all. Not only the parties but all persons are bound by the declaration of
unconstitutionality which means that no one may thereafter invoke it
nor may the courts be permitted to apply it in subsequent cases. It is,
in other words, a total nullity. [Norton v. Shellby, 118 US 425, cited in
Cruz, Phil. Pol. Law, 1987 ed., pp. 233-234].

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1167
Uncontrollable fear. A real, imminent, or reasonable fear for one's life
or limb and should not be speculative, fanciful, or remote fear. [People.
v. Quilloy, GR L-2313, Jan. 10, 1951, 88 Phil. 53].
Uncontrollable fear of an equal or greater injury. Requisites: For
this exempting circumstance to be invoked successfully, the following
requisites must concur: (a) existence of an uncontrollable fear; (b) the
fear must be real and imminent; and (c) the fear of an injury is greater
than or at least equal to that committed. [People v. Petenia, GR
L-51256. Aug. 12, 1986].
Uncounselled admission. See Fruits of the poisonous tree.
Underfilling or Underdelivery. A sale, transfer, delivery or filling of
petroleum products of a quantity that is actually beyond authorized
limits than the quantity indicated or registered on the metering device
of container. This refers, among others, to the quantity of petroleum
retail outlets or to liquefied petroleum gas in cylinder or to lube oils in
packages. [Sec. 2, PD 1865].
Underprivileged and homeless citizens. The beneficiaries of RA 7279
and to individuals or families residing in urban and urbanizable areas
whose income or combined household income falls within the poverty
threshold as defined by the NEDA and who do not own housing
facilities. This shall include those who live in makeshift dwelling units
and do not enjoy security of tenure. [Sec. 3, RA 7279].
Underrun. The deficiency in the quantity ordered. [IRR on Supply &
Undertaker. Person who practices undertaking. [Sec. 89, PD 856].
Undertaking. The care, transport and disposal of the body of a
deceased person by any means other than embalming. [Sec. 89, PD
856].
Underwriter. 1. A person who guarantees on a firm commitment and/or
declared best effort basis the distribution and sale of securities of any
kind by another company. [Sec. 3, RA 8799]. 2. Any person who has
purchased from an issuer with a view to, or sells for an issuer in
connection with, the distribution of any security or participates or has a
direct or indirect participation in any such undertaking, or participates

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or has a participation in the direct or indirect underwriting of any such
undertaking; but such term shall not include a person whose interest is
limited to a commission from an underwriter or dealer not in excess of
the usual and customary distributor's or seller's commission. [Sec. 3, RA
2629].
Underwriting. The act or process of guaranteeing the distribution and
sale of securities of any kind issued by another corporation. [Sec. 3, PD
129].
Undue. More than necessary; not proper; illegal. [Pecho v.
Sandiganbayan, GR 111399. Nov. 14, 1994, citing Black's Law Dict., 5th
Ed., 1370].
Undue influence. 1. Any means employed upon a party which, under
the circumstances, he could not well resist, and which controlled his
volition and induced him to give his consent to the contract, which
otherwise he would not have entered into. It must, in some measure,
destroy the free agency of a party and interfere with the exercise of
that independent discretion which is necessary for determining the
advantage or disadvantage of a proposed contract. [Sierra v. CA, GR
90270. July 24, 1992]. 2. A persons taking improper advantage of his
power over the will of another, depriving the latter of a reasonable
freedom of choice. The following circumstances shall be considered: the
confidential, family, spiritual and other relations between the parties, or
the fact that the person alleged to have been unduly influenced was
suffering from mental weakness, or was ignorant or in financial
distress. [Claridades, A., Compilation of Notes, 2001-2006]. 3. As used
in connection with the law of wills, it may be defined as that which
compels the testator to do that which is against the will from fear, the
desire of peace, or from other feeling which he is unable to resist.
[Torres and Lopez de Bueno v. Lopez (48 Phil., 772)].
Undue influence to vitiate con-sent. There is undue influence when
a person takes improper advantage of his power over the will of
another, depriving the latter of a reasonable freedom of choice. [Art.
1337, CC].
Undue injury. An injury more than necessary, excessive, improper or
illegal. [Jacinto v. Sandiganbayan, GR 84571. Oct. 2, 1989, citing

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1169
Unemployed. The term refers only to those who are without or are
separated from employment, and does not include instances when an
employee is not actually working, as during the period of his illness.
[Canovas v. Batangas Transportation Co., GR L-19868. Mar. 31, 1965,
citing Sec. 14, RA 1161, as amended].
Unenforceable contract. A con-tract which cannot be sued upon or
enforced in court unless it is ratified. [Diaz, Bus. Law Rev., 1991 Ed., p.
93].
Unenforceable contract. Kinds: The following contracts are
unenforceable, unless they are ratified: (a) Those entered into in the
name of another person by one who has been given no authority or
legal representation, or who has acted beyond his powers; (b) those
that do not comply with the Statute of Frauds; and (c) those where
both parties are incapable of giving consent to a contract. [Art. 1403,
CC].
Unfair competition. Comm. Law. 1. The employment of deception or
any other means contrary to good faith by which a person shall pass off
the goods manufactured by him or in which he deals, or his business,
or services, for those of another who has already established goodwill
for his similar goods, business or services, or any acts calculated to
produce the same result. [Sec. 29, RA 166, as amended]. 2. Crim. Law.
The felony committed by any person who, in unfair competition and for
the purposes of deceiving or defrauding another of his legitimate trade
or the public in general, shall sell his goods giving them the general
appearance of goods of another manufacturer or dealer, either as to
the goods themselves, or in the wrapping of the packages in which
they are contained or the device or words thereon or in any other
features of their appearance which would be likely to induce the public
to believe that the goods offered are those of a manufacturer or dealer
other than the actual manufacturer or dealer or shall give other persons
a chance or opportunity to do the same with a like purpose. [Art. 189,
RPC].
Unfair labor practice. 1. Any un-fair labor practice as expressly defined
in the Labor Code. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. Actions by
the employer which interfere with, restrain, coerce, or threaten
employees with respect to their rights. [Glossary of Legal Terms
(Pro-Se), 2004].

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1170
Unfaithfulness or abuse of confidence. In the crime of estafa or
swindling, the act committed: (a) By altering the substance, quantity,
or quality or anything of value which the offender shall deliver by virtue
of an obligation to do so, even though such obligation be based on an
immoral or illegal consideration; (b) By misappropriating or converting,
to the prejudice of another, money, goods, or any other personal
property received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to
make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received
such money, goods, or other property; or (c) By taking undue
advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of
the offended party or of any third person. [Art. 315, RPC].
Unforeclosed equity of redemption. The equity of redemption
retained by subsequent or junior lien-holders if they be not joined in
the foreclosure action, the judgment in the mortgagor's favor being
ineffective as to them, and in that case, a separate foreclosure
proceeding should be brought to require them to redeem from the first
mortgagee, or the party acquiring title to the mortgaged property at
the foreclosure sale, within 90 days, the period fixed in Sec. 2, Rule 68
of the Rev. Rules of Court for the mortgagor himself to redeem. [Limpin
v. IAC, GR L-70987. Sep. 29, 1988].
Ungathered fruits. Fruits already matured at the time of the
termination of the usufruct, which ordinarily would have already been
gathered by the usufructuary, but which remain ungathered for no fault
imputable to him, but because of malice or an act imputable to the
naked owner or a third person, or even due to force majeure or
fortuitous event. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001,
p. 323].
Uniform Currency Law. RA 529 entitled An Act to assure uniform
value to Philippine coin and currency enacted on June 16, 1950, as
amended by RA 4100 on June 19, 1964. Repealed by RA 8183 enacted
on June 11, 1996.
Uniformity in taxation. 1. The rule applies to property of the life kind
and character and similarly situated, and a tax, in order to be uniform,
must operate alike on all persons, things, or property, similarly situated.
So the requirement is complied with when the tax is levied equally

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uniformly on all subjects of the same class and kind and is violated if
particular kinds, species, or items of property are selected to bear the
whole burden of the tax, while others, which should be equally
subjected to it, are left untaxed. [Villanueva v. City of Iloilo, GR
L-26521. Dec. 28, 1968, citing CJS 79]. 2. That principle by which all
taxable articles or kinds of property of the same class shall be taxed at
the same rate [Churchill v. Concepcion, 34 Phil. 969 (1916)].
Unilateral contract. An agreement by which one undertakes an
express performance without receiving any express promise of
performance from the other. [Glossary of Legal Terms (Pro-Se), 2004].
Unilateral promise to sell. An offer which, although accepted but is
not supported by any consideration distinct from the price, does not
produce a binding and enforceable contract of sale. The offer in this
case, as well as the acceptance, both lack a most essential element
the manner of payment of the purchase price. Hence, the offer to sell
may be withdrawn without the offer or committing any breach of
contract. [Navarro v. Sugar Producers Cooperative, GR L-12888. Apr.
29, 1961].
Unilateral promise to buy or to sell a determinate thing for a
price certain. An offer. [Equatorial Realty v. Mayfair Theater, GR
106063. Nov. 21, 1996].
Uninhabited place or despoblado. The term refers not to the
distance of the nearest house to the locus criminis. The more important
consideration is whether the place of commission affords a reasonable
possibility for the victim to receive some help. [People v. Desalisa, GR
95262, Jan. 4, 1994, 229 SCRA 35]. It must be established that solitude
was purposely sought or taken advantage of to facilitate the
commission of the crime. [People v. Cabiles, GR 113785. Sep. 14, 1995,
citing Art. 14 (6), RPC]
Unintentional abortion. Crim. Law. The felony committed by any
person who shall cause an abortion by violence, but unintentionally.
[Art. 257, RPC].
Unintentional abortion. Elements: (a) That there is a pregnant
woman; (b) that violence is used upon such pregnant woman without
intending an abortion. (c) that the violence is intentionally exerted; and
(d) that as a result of the violence the foetus dies, either in the womb

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or after having been expelled therefrom. [People v. Salufrania, GR
L-50884. Mar. 30, 1988].
Union. An organization of workers formed for the purpose of collective
bargaining. [Glossary of Legal Terms (Pro-Se), 2004].
Union accounts examiners. Officials in the Bureau of Labor Relations
or the Industrial Relations Division in the DOLE-Regional Office
empowered to audit books of accounts of the union. [Sec. 1, Rule 1,
Book 5, IRR of LC].
Union shop. Labor. An agreement under which the workers are not
required to be union members when hired; but to maintain continued
employment, they must continue to pay union dues and must become
union members also after some time. [Poquiz, Labor Rel. Law, 1999 Ed.
p. 157, citing Beal and Wickersham, The Practice of Collective
Bargaining, pp. 242-243].
Unissued capital stock. That portion of the capital stock that is not
issued or subscribed. It does not vote and draws no dividends. [De
Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53].
Unit. 1. A value, quantity or magnitude, in terms of which other values,
quantities or magnitudes are expressed. [Sec. 4, BP 8]. 2. A part of the
condominium project intended for any type of independent use or
ownership, including one or more rooms or spaces located in one or
more floors (or part or parts of floors) in a building or buildings and
such accessories as may be appended thereto. [Sec. 3, RA 4726]. 3. A
part of the condominium property which is to be subject to private
ownership. [GOAL, Inc. v. CA, GR 118822. July 28, 1997]. Compare
with Common areas and facilities.
United Nations (UN). Intergovernmental organization established in
1945 as the successor to the League of Nations. It is concerned with
the maintenance of international peace and security. The UN's principal
organs are the General Assembly, Security Council, Secretariat,
International Court of Justice, Economic and Social Council, and the
Trusteeship Council. Its headquarters is in New York City. [Intl. Law
United Nations charter. Multilateral treaty signed on June 26, 1945,
and in force from Oct. 24, 1945. It is the constitution of the United

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Nations, an intergovernmental organization. The Charter defines the
organization's structure, its authority, and its goals. [Intl. Law Dict. &
Direct., 2004].
United Nations Commission on International Trade Law. See
UNCITRAL.
United Nations Convention on the Law of the Sea. See UNCLOS.
Unit operation. The physical operation by which a desired step in an
industrial process is conducted or controlled. [Sec. 3, RA 9267].
Unit process. The chemical change which is involved in the manufacture
of industrial or consumer products or the treatment of industrial or
chemical wastes. [Sec. 3, RA 9267].
Units of property. Those items of property which when retired, with or
without replacement, are accounted for by crediting the book cost
thereof to the property account in which included. [Sec. 5, RA 2321].
Unity of object. Succ. It means that two or more persons must be
called to the same inheritance, legacy or devise, or to the same portion
thereof, pro indiviso. [Jurado, Comments & Jurisp. on Succession, 1991
8th Ed., p. 459]. Compare with Plurality of subjects.
Universal electricity charge. The charge, if any, imposed for the
recovery of the stranded cost (of electricity) and other purposes. [Sec.
4, RA 9136].
Universality principle. Intl. Law. Doctrine that a court has criminal
jurisdiction if the forum state has the defendant in custody. [Intl. Law
Universal law. Law so fundamental or basic that it is binding upon all
states whether they have individually consented to it or not. [Intl. Law
Universal partnership. A partnership which may refer to all the
present property or to all the profits. [Art. 1777, CCC]. Compare with
Particular partnership.

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Universal partnership of all present property. A partnership in
which the partners contribute all the property which actually belongs to
them to a common fund, with the intention of dividing the same among
themselves, as well as all the profits which they may acquire therewith.
[Art. 1778, CC].
Universal partnership of profits. A partnership which comprises all
that the partners may acquire by their industry or work during the
existence of the partnership. [Art. 1780, CCC].
Universal title. Succ. All the properties of the inheritance or a certain
indeterminate or aliquot part thereof. [Moreno's Phil. Law Dict., 2nd
Ed., p. 483].
Unjust enrichment. 1. The transfer of value without just cause or
consideration. The transfer is usually made in accordance with law, but
the determining factor is the lack of cause or consideration. The
elements of this doctrine are: enrichment on the part of the defendant;
impoverishment on the part of the plaintiff; and lack of cause. The
main objective is to prevent that one may enrich himself at the expense
of another. If this situation is obtained, equity steps in to protect the
one prejudiced. [Ponce de Leon v. Syjuco, GR L-3316. Oct. 31, 1951].
2. A legal procedure whereby a person can seek reimbursement from
another who benefited from the formers action or property without
legal justification. There are said to be three conditions which must be
met before one can get a court to force reimbursement based on unjust
enrichment: an actual enrichment or benefit to the defendant, a
corresponding deprivation to the plaintiff, and the absence of a legal
reason for the defendant's enrichment. [Duhaime's Legal Dict., 2004].
Unjust enrichment maxim. The maxim that states that no person
should enrich himself at the expense of or prejudice of others. [Rep. v.
CA, GR L-31303-04. May 31, 1978].
Unjust interlocutory order. Crim. Law. The felony committed by any
judge who shall knowingly render an unjust interlocutory order or
decree or who shall have acted by reason of inexcusable negligence or
ignorance and the interlocutory order or decree be manifestly unjust.
[Art. 206, RPC].
Unjust judgment. 1. A judgment which is contrary to law or is not
supported by the evidence, or both. [Dela Cruz v. Concepcion, AM

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RTJ-93-1062. Aug. 25, 1994]. 2. One contrary to the standards of right
and justice or standards of conduct prescribed by the law. [Buenavista
v. Garcia, AM RTJ-88-246. July 19, 1990].
Unjustly convicted. The phrase has the same meaning as "knowingly
rendering an unjust judgment in Art. 204 of the Rev. Penal Code.
[Basbacio v. Drilon, GR 109445. Nov. 7, 1994].
Unjust vexation. Any act committed without violence but which
unjustifiably annoys or vexes an innocent person. As a punishable act,
it should include any human conduct which, although not productive of
some physical or material harm would, however, unjustifiably annoy or
vex an innocent person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th
Ed., p. 695, citing People v. Cayason, CA GR 04787-CR, Apr. 10, 1965].
Unlawful activity. Anti-Money Laundering Act of 2001 (RA 9160). Any
act or omission or series or combination thereof involving or having
relation to the following: (a) Kidnapping for ransom under Art. 267 of
the RPC, as amended; (b) Sec. 3, 4, 5, 7, 8 and 9 of Art. 2 of RA 6425,
as amended, otherwise known as the Dangerous Drugs Act of 1972; (c)
Sec. 3 par. B, C, E, G, H and I of RA 3019, as amended; otherwise
known as the Anti-Graft and Corrupt Practices Act; (d) plunder under
RA 7080, as amended; (e) robbery and extortion under Art. 294, 295,
296, 299, 300, 301 and 302 of the Rev. Penal Code, as amended; (f)
jueteng and masiao punished as illegal gambling under PD 1602; (g)
piracy on the high seas under the Rev. Penal Code, as amended and PD
532; (h) qualified theft under, Art. 310 of the Rev. Penal Code, as
amended; (i) swindling under Art. 315 of the Rev. Penal Code, as
amended; (j) smuggling under RAs 455 and 1937; (k) violations under
RA 8792, otherwise known as the Electronic Commerce Act of 2000; (l)
hijacking and other violations under RA 6235; destructive arson and
murder, as defined under the Rev. Penal Code, as amended, including
those perpetrated by terrorists against non-combatant persons and
similar targets; (m) fraudulent practices and other violations under RA
8799, otherwise known as the Securities Regulation Code of 2000; (n)
felonies or offenses of a similar nature that are punishable under the
penal laws of other countries. [Sec. 3, RA 9160].
Unlawful aggression. 1. An actual, sudden and unexpected attack, or
an imminent danger thereof, and not merely a threatening or
intimidating attitude. There must exist a real danger to the life or
personal safety of the person claiming self-defense. [People v. Boniao,

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217 SCRA 653]. 2. As an indispensable element of self-defense, an
assault or attack, or a threat thereof in an imminent and immediate
manner, which places the accused's life in actual peril. It is an offensive
act positively strong and determinative of the aggressor's intent to
cause harm or injury. It presupposes material attack which is
impending or at the point of happening, and not merely an intimidating
attitude or stance. [People v. Ganzagan, GR L-113793. Aug. 11, 1995].
3. An assault or attack, or a threat thereof in an imminent and
immediate manner, which places the accused's life in actual peril.
[People v. Ganzagan, GR L-113793. Aug. 11, 1995, citing Moreno, Phil.
Law Dict., 3rd Ed. (1982)].
Unlawful appointments. Crim. Law. The felony committed by any
public officer who shall knowingly nominate or appoint to any public
office any person lacking the legal qualifications therefore. [Art. 244,
RPC].
Unlawful arrest. Crim. Law. The felony committed by any person who,
in any case other than those authorized by law, or without reasonable
ground therefor, shall arrest or detain another for the purpose of
delivering him to the proper authorities. [Art. 269, RPC].
Unlawful detainer. 1. The act of unlawfully withholding the possession
of the land or building against or from a landlord, vendor or vendee or
other person after the expiration or termination of the detainer's right
to hold possession by virtue of a contract express or implied.
[Commander Realty v. CA, GR L-77227. May 9, 1988]. 2. Withholding
by a person from another for not more than one year, of the
possession of a land or building to which the latter is entitled after the
expiration or termination of the former's right to hold possession by
virtue of a contract express or implied. [Sps. Medina and Bernal v.
Valdellon, 63 SCRA 282 (1975)]. Also known as Illegal detainer.
Unlawful entry. An entrance effected by a way not intended for the
purpose. [Art. 14 (18), RPC].
Unlawful taking. Appropriating a thing belonging to another and
placing it under ones control or possession. In the asportation, the
intent to return the thing taken is not present. [Gregorio, Fund. of Crim.
Law Rev., 1997 9th Ed., p. 704].

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Unlawful use of means of publication and unlawful utterances.
Crim. Law. The felony committed by: (a) any person who by means of
printing, lithography, or any other means of publication shall publish or
cause to be published as news any false news which may endanger the
public order, or cause damage to the interest or credit of the State; (b)
any person who by the same means, or by words, utterances or
speeches shall encourage disobedience to the law or to the constituted
authorities or praise, justify, or extol any act punished by law; (c) any
person who shall maliciously publish or cause to be published any
official resolution or document without proper authority, or before they
have been published officially; or (d) any person who shall print,
publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real
printer's name, or which are classified as anonymous. [Art. 154, RPC].
Unliquidated damages or claims. Those which are not or cannot be
known until definitely ascertained, assessed and determined by the
courts after presentation of proof. [Central Azucarera de Bais v. CA, GR
87597. Aug. 3, 1990].
Unliquidated debt. Remaining not determined; unassessed or
unsettled; in dispute as to the proper amount. [Glossary of Legal Terms
(Pro-Se), 2004].
Unnecessary expenditures. Expenditures not supportive of the
implementation of the objectives and mission of the agency relative to
the nature of its operation. This could also include incurrence of
expenditure not dictated by the demands of good government, and
those the utility of which cannot be ascertained at a specific time. An
expenditure that is not essential or that which can be dispensed with
without loss or damage to property is considered unnecessary. [COA
Circular No. 88-55-A, dated 08 Sep. 1985].
Unorganized establishment. Establishment where there exists no
certified bargaining agent. [ALU v. Calleja, GR 82260, July 19, 1989,
175 SCRA 490].
Unpaid seller. The seller of goods who is deemed to be an unpaid
seller: (a) when the whole of the price has not been paid or tendered;
or (b) when a bill of exchange or other negotiable instrument has been
received as conditional payment, and the condition on which it was

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received has been broken by reason of the dishonor of the instrument,
the insolvency of the buyer, or otherwise. [Art. 1525, CC].
Unpaid seller, rights of. (a) A lien on the goods or right to retain them
for the price while he is in possession of them; (b) in case of the
insolvency of the buyer, a right of stopping the goods in transitu after
he has parted with the possession of them; (c) a right of resale; (d) a
right to rescind the sale. Where the ownership in the goods has not
passed to the buyer, the unpaid seller has, in addition to his other
remedies a right of withholding delivery similar to and coextensive with
his rights of lien and stoppage in transitu where the ownership has
passed to the buyer. [Art. 1526, CC].
Unpatented mineral lands. Those lands which were located as mining
claims under the provisions of the Philippine Bill of 1902 but are not yet
covered by a mineral patent. [Sec. 18, PD 464].
Unprocessed food. Food that has not undergone any treatment that
results in substantial change in the original state even if it may have
been divided boned, skinned, peeled, ground, cut cleaned, trimmed,
fresh-frozen or chilled. [Sec. 3, RA 8976].
Unregistered or abandoned lands. Lands in urban and urbanizable
areas which are not registered with the Register of Deeds, or with the
city or municipal assessor's office concerned, or which are uninhabited
by the owner and have not been developed or devoted for any useful
purpose, or appears unutilized for a period of three (3) consecutive
years immediately prior to the issuance and receipt of publication of
notice of acquisition by the Government as provided under the law. It
does not include land which has been abandoned by reason of force
majeure or any other fortuitous event: Provided, That prior to such
event, such land was previously used for some useful or economic
purpose.
Unrelated trade, business or other activity. Any trade, business or
other activity, the conduct of which is not substantially related to the
exercise or performance by such educational institution or hospital of its
primary purpose or function. [Sec. 27, NIRC, as amended].
Unsecured debts. In bankruptcy, debts such as open accounts at
department stores for which the debtor has not pledged collateral to
guarantee payment. [Glossary of Legal Terms (Pro-Se), 2004].

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Unserviceable property. A property that is not operational. It may be
economically repairable or beyond economical repair. [IRR on Supply &
Unsolicited appearance. (The act of) willfully appearing as an attorney
for a party to a case without authority so to do. [Porac Trucking v. CA,
GR 81093. Oct. 15, 1991].
Unwarranted. Lacking adequate or official support; unjustified;
unauthorized. [Gallego v. Sandiganbayan, GR L-57841. July 30, 1982,
citing Webster, 3rd New Intl. Dict., p. 2514)
Unwilling co-plaintiff. Any party who should be joined as plaintiff but
whose consent cannot be obtained may be made a defendant and the
reason therefor shall be stated in the complaint. [Sec. 10, Rule 3, RoC].
Unwritten constitution. It consists of rules which have not been
integrated into a single, concrete form but are scattered in various
sources, such as statutes of a fundamental character, judicial decisions,
commentaries of publicists, customs and traditions, and certain
common law principles. [Cruz, Constl. Law, 1998 Ed., p. 4-5]. Compare
with Written constitution.
Unwritten law. Law in common-law countries which grew out of
custom and which, without having been reduced to writing in the
beginning, were handed down by tradition from one generation to
another, and accepted by them as the law. [Francisco, Evidence, Vol.
VII, Part 1, 1997 Ed., pp. 725-726].
Updating. Training to improve the performance of people in their
occupation in respect to modern developments; new materials, tools,
processes. [Sec. 1, Rule 1, Book 2, IRR of LC].
Upgrading. Training for supplementary skills and knowledge in order to
increase the versatility and occupational mobility of a worker or to
improve his standard of performance. [Sec. 1, Rule 1, Book 2, IRR of
LC].
Upland farming. Planting of up-land crops which usually require less
water than other crops, as in non-irrigated and elevated farm areas.
[Sec. 4, RA 7607].

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Urban. A city or town. [Glossary of Legal Terms (Pro-Se), 2004].
Urban areas. All cities regardless of their population density and to
municipalities with a population density of at least five hundred (500)
persons per square kilometers. [Sec. 3, RA 7279].
Urban Development and Housing Act of 1992. RA 7279 entitled An
Act to provide for a comprehensive and continuing urban development
and housing program, establish the mechanism for its implementation,
and for other purposes enacted on March 24, 1992.
Urbanizable areas. Sites and lands which, considering present
characteristics and prevailing conditions, display marked and great
potential of becoming urban areas within the period of five (5) years.
[Sec. 3, RA 72797].
Urbanizable lands. Sites and land areas which, considering present
characteristics and prevailing conditions, display a marked and high
probability of becoming urban lands within the period of five to ten
years. [Sec. 3, PD 1517].
Urban Land Reform Act or Law. PD 1517 entitled Proclaiming urban
land reform in the Philippines and providing for the implementing
machinery thereof and signed into law on June 11, 1978.
Urban land reform zones. See Areas for priority development.
Urban lands. Lands which conform to any of the following criteria: (a)
In their entirety, all cities and municipalities which have the population
density of at least 1,000 persons per square kilometer and where at
least 50 percent of the economically active population are engaged in
non-agricultural activities; (b) All barangays comprising the former
poblacion or barangays including a part of the former poblacion of cities
or municipalities which have a population density of greater than 500
but less than 1,000 persons per square kilometer; and where at least
50 percent of the economically active population engaged in
non-agricultural activities; (c) All barangays not included in items (a)
and (b) above which have a population size of at least 1,000 and where
at least 50 percent of the economically active population are engaged
in non-agricultural activities. [Sec. 3, PD 1517].

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Urban poor. Individuals or families residing in urban centers and
urbanizing areas whose income or combined household income falls
below the poverty threshold as defined by the NEDA and/or cannot
afford in a sustained manner to provide their minimum basic needs of
food, health, education, housing and other essential amenities of life.
[Sec. 3, RA 8425].
Uremia. A toxic clinical condition characterized by restlessness, muscular
twitchings, mental disturbance, nausea, and vomiting associated with
renal insufficiency brought about by the retention in blood of
nitrogeneous urinary waste products. One of its causes is the
obstruction in the flow of urinary waste products. [Narazo v. ECC, GR
80157. Feb. 6, 1990].
Ureterolithiasis. The presence of stone in the ureter. This stone
originates from the kidney and are carried down to the ureter by urine
flow. [Chavez v. ECC, GR L-61931. Mar. 31, 1987].
Usage. The customary method of performing or carrying out an activity
that is followed by a particular group of people, such as people within a
particular trade. [Intl. Law Dict. & Direct., 2004].
Use. The act of injecting, intravenously or intramuscularly, or of
consuming, either by chewing, smoking, sniffing, eating, swallowing,
drinking, or otherwise introducing into the physiological system of the
body, any of the dangerous drugs. [Sec. 2, RA 6425].
Used secondhand article. Any goods, article, item, object or anything
of value obtained from an unlicensed dealer or supplier, regardless of
whether the same has actually or in fact been used. [IRR, Sec. 6, PD
1612].
Useful expenses. Those incurred for the enhancement of the utility or
productivity of the property. [Ortiz v. Kayanan, GR L-32974. July 30,
1979, citing IV Manresa, 1951 Ed., pp. 316-318]. Compare with
Necessary expenses.
Use of dangerous drug. The act of injecting, intravenously or
intramuscularly, or of consuming, either by chewing, smoking, sniffing,
eating, swallowing, drinking, or otherwise introducing into the
physiological system of the body, any of the dangerous drugs. [Sec. 2,
RA 6425].

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Use of falsified documents. Crim. Law. The felony committed by any
person who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who, with the intent to
cause such damage, shall use any of the false documents embraced in
Art. 171, or in any of the subdivisions of Art. 172 of the Rev. Penal
Use immunity. Immunity which prohibits use of witness' compelled
testimony and its fruits in any manner in connection with the criminal
prosecution of the witness. [Galman v. Pamaran, GR 71208-09. Aug.
30, 1985, citing Black Law Dict., 5th Ed., 1979]. Compare with
Transactional immunity.
User-Led strategy. Also Market-driven strategy. A strategy which
promotes strengthened linkages between educational/training
institutions and industry to ensure that appropriate skills and
knowledge are provided by the educational system. [Sec. 3, RA 7796].
Using false certificates. Crim. Law. The felony committed by any one
who shall knowingly use any of the false certificates mentioned in Art.
174 of the Rev. Penal Code. [Art. 175, RPC].
Using fictitious name and concealing true name. Crim. Law. The
felony committed by any person who shall publicly use a fictitious name
for the purpose of concealing a crime, evading the execution of a
judgment or causing damage, or by any person who conceals his true
name and other personal circumstances. [Art. 178, RPC].
Using forged signature or counterfeit seal or stamp. Crim. Law.
The felony committed by any person who shall knowingly make use of
the counterfeit seal or forged signature or stamp mentioned in Art. 161
of the Rev. Penal Code. [Art. 162, RPC].
Usufruct. 1. A right to enjoy the property of another with the obligation
of preserving its form and substance, unless the title constituting it or
the law otherwise provides. [Art. 562, CC]. 2. The right to enjoy the
property of another with the obligation of preserving its form and
substance. (Jus alienis rebus utendi fruendi salva rerum substantia.)
[Barretto v. Tuason, GR 23923. Mar. 23, 1926]. 3. The rights to the
product of another's property. For example, a farmer may give a right

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of usufruct of his land to a neighbor, thus enabling that neighbor to
sow and reap the harvest of that land. [Duhaime's Legal Dict., 2004].
Usufruct, how extinguished. (a) By the death of the usufructuary,
unless a contrary intention clearly appears; (b) by the expiration of the
period for which it was constituted, or by the fulfillment of any
resolutory condition provided in the title creating the usufruct; (c) by
merger of the usufruct and ownership in the same person; (d) by
renunciation of the usufructuary; (e) by the total loss of the thing in
usufruct; (f) by the termination of the right of the person constituting
the usufruct; (g) by prescription. [Art. 603, CC].
Usurer. One who lends money at a rate of interest greater than that
established by law. [Martin, Commentaries and Jurisp. on Comml.
Laws, Vol. 1, 1988 Rev. Ed., p. 413].
Usurious contract. One which stipulates for the payment of more than
lawful interest for the use of money, or forbearance of a debt. [Martin,
413].
Usurious interest. That which is paid or stipulated to be paid beyond
the rate of interest established by law. [Martin, Commentaries and
Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415].
Usurpation of authority. Also Usurpation of official functions.
Crim. Law. The felony committed by any person who shall knowingly
and falsely represent himself to be an officer, agent or representative of
any department or agency of the Philippine Government or of any
foreign government, or who, under pre-tense of official position, shall
perform any act pertaining to any person in authority or public officer
of the Philippine Government or any foreign government, or any agency
thereof, without being lawfully entitled to do so. [Art. 177, RPC].
Usurpation of civil status. Crim. Law. The felony committed by any
person who shall usurp the civil status of another, whether or not he
should do so for the purpose of defrauding the offended part or his
heirs. [Art. 348, RPC].
Usurpation of executive functions. Crim. Law. The felony committed
by any judge who shall assume any power pertaining to the executive

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authorities, or shall obstruct the latter in the lawful exercise of their
powers. [Art. 240, RPC].
Usurpation of judicial authority. Elements: (a) That the offender is
an officer of the executive branch of the government; and (b) that he
assumes judicial powers, or obstructs the execution of any order or
decision rendered by any judge within his jurisdiction. [Muez v. Ario,
AM MTJ-94-985. Feb. 21, 1995].
Usurpation of judicial functions. Crim. Law. The felony committed by
any officer of the executive branch of the Government who shall
assume judicial powers or shall obstruct the execution of any order or
decision rendered by any judge within its jurisdiction. [Art. 241, RPC].
Usurpation of legislative powers. Crim. Law. The felony committed
by any public officer who shall encroach upon the powers of the
legislative branch of the Government, either by making general rules or
regulations beyond the scope of his authority, or by attempting to
repeal a law or suspending the execution thereof. [Art. 239, RPC].
Usurpation of name. It implies some injury to the interests of the
owner of the name. It consists in the possibility of confusion of identity
between the owner and the usurper. It exists when a person designates
himself by another name. [Tolentino v. CA, GR L-41427. June 10,
1988].
Usurpation of name. Elements: (a) There is an actual use of another's
name by the defendant; (b) the use is unauthorized; and (c) the use of
another's name is to designate personality or identify a person.
[Tolentino v. CA, GR L-41427. June 10, 1988].
Usurpation of official functions. See Usurpation of authority.
Usury. 1. Contracting for or receiving something in excess of the amount
allowed by law for the loan or forbearance of money, goods or chattels.
[Tolentino v. Gonzales, 50 Phil. 558 (1927)]. 2. That rate of interest
charged for the loan of money which is in excess of the rate authorized
by law. [Torres, Oblig. & Cont., 2000 Ed., p. 355]. 3. Extraction of
interest on a loan above the maximum rate permitted by statute.
[Glossary of Legal Terms (Pro-Se), 2004]. 4. Excessive or illegal interest
rate. [Duhaime's Legal Dict., 2004].

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Usury. Elements: (a) A loan, express or implied; (b) an understanding
between the parties that the money lent shall or may be returned; (c)
that for such loan a greater rate or interest that is allowed by law shall
be paid, or agreed to be paid, as the case may be; and (d) a corrupt
intent to take more than the legal rate for the use of money loaned.
[Herrera v. Petrophil Corp., GR L-48349. Dec. 29, 1986].
Usury Law. Act 2655, as amended, which took effect on May 1, 1916. It
is now legally inexistent because of Circular No. 905 of the Central
Bank adopted on Dec. 22, 1982 which has expressly removed the
interest ceilings prescribed by the Usury Law. [Torres, Oblig. & Cont.,
2000 Ed., p. 43].
Utang na loob. Tag. Gratitude which renders a man beholden to
another, a sense of obligation which is valued as highly as pride and
honor. [In re: Estrada, AM 87-9-3918-RTC. Oct. 26, 1987].
Utilization. 1. The extraction or disposition of minerals. [Sec. 3, RA
7942]. 2. The act of employing, enjoying, applying, converting supplies
or property for the purpose for which the same are acquired. [IRR on
Supply & Prop. Mgt., per Sec. 383, LGC]. 3. All operations involved in
the manufacture, processing or conversion of raw corals into finished
products. [Sec. 3, PD 1219].
Utilization equipment. Energy-consuming equipment including motors,
heaters, furnaces, light sources and other devices which utilize electric
energy, for any purpose. [Sec. 2, RA 7920].
Utilization review. A formal review of a patient utilization or of the
appropriateness of health care services, on a prospective, concurrent or
retrospective basis. [Sec. 1, RA 9241].
Ut res magis valeat quam pereat. Lat. 1. That construction (is to be)
sought which gives effect to the whole of the statute its every word.
[Tamayo v. Gsell, 35 Phil. 953, 980]. 2. That the thing may rather have
effect than be destroyed. [JMM Promotions & Management v. NLRC, GR
109835. Nov. 22, 1993, citing Simonds v. Walker, 100 Mass. 113]. 3. A
law should be interpreted with a view of upholding rather than
destroying it. From this principle arises the rule that in construing a
statute, that interpretation is to be adopted which will give force and
effect to every word, clause and sentence of the enactment.

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1186
Uttering of coins. The circulation, passing of counterfeit coins. The act
of giving away or delivering or passing to another counterfeit coins.
-VVacancy in the inheritance. Succ. Vacancy caused by any of the

following: (a) predecease of one of the instituted heirs, legatees or
devisees; (b) incapacity of one of the instituted heirs, legatees or
devisees; (c) repudiation by one of the instituted heirs, legatees or
devisees; (d) non-fulfillment of the suspensive condition attached to the
institution of an heir or the designation of a legatee or devisee; and (e)
void or ineffective testamentary dispositions. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 463].
Vacate. To set aside. [Glossary of Legal Terms (Pro-Se), 2004].
Vaginismus. Legal Med. Painful spasm of the vagina during coitus.
Vagrant. 1. Any person having no apparent means of subsistence, who
has the physical ability to work and who neglects to apply himself or
herself to some lawful calling. [Sec. 1, Phil. Vagrancy Act (Act 519)]. 2.
Any person found loitering about public or semi-public buildings or
places or trampling or wandering about the country or the streets
without visible means of support; 3. Any idle or dissolute person who
ledges in houses of ill fame; ruffians or pimps and those who habitually
associate with prostitutes. 4. Any person who, not being included in the
provisions of other articles of the Rev. Penal Code, shall be found
loitering in any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose. [Art. 202, RPC]. 5. A tramp or
homeless person. [Duhaime's Legal Dict., 2004].

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1187
Vague statute or act. A statute or act which lacks comprehensible
standards that men of common intelligence must necessarily guess at
its meaning and differ as to its application. It is repugnant to the
Constitution in two respects: (a) it violates due process for failure to
accord persons, especially the parties targeted by it, fair notice of the
conduct to avoid; and (b) it leaves law enforcers unbridled discretion in
carrying out its provisions and becomes an arbitrary flexing of the
Government muscle. [People v. Nazario, GR L-44143. Aug. 31, 1988].
Valid consignation. Requisites: The debtor must show (a) that there
was a debt due; (b) that the consignation of the obligation had been
made because the creditor to whom tender of payment was made
refused to accept it, or because he was absent or incapacitated, or
because several persons claimed to be entitled to receive the amount
due [Art 1176, CC]; (c) that previous notice of the consignation had
been given to the person interested in the performance of the
obligation [Art. 1177, CC]; (d) that the amount due was placed at the
disposal of the court and (e) that after the consignation had been made
the person interested was notified thereof. [Ponce de Leon v. Syjuco
Inc., 90 Phil., 311].
Valid delegation of power. Although Congress may delegate to
another branch of the Government the power to fill in the details in the
execution, enforcement or administration of a law, it is essential that
said law: (a) be complete in itself, setting forth therein the policy to be
executed, carried out or implemented by the delegate; and (b) fix a
standard - the limits of which are sufficiently determinate or
determinable to which the delegate must conform in the performance
of his functions. [Pelaez v. Auditor General, GR L-23825. Dec. 24,
1965].
Valid dismissal. Requisites: (a) The dismissal must be for any of the
causes expressed in Art. 282 of the Labor Code, and (b) the employee
must be given an opportunity to be heard and to defend himself.
[Midas Touch Food Corp. v. NLRC, GR 111639. July 29, 1996].
Valid execution pending appeal. Requisites: (a) There must be a
motion by the prevailing party with notice to the adverse party; (b)
there must be good reasons for issuing execution; and (c) the good
reasons should be stated in a special order. [Sasan v. CA, GR L-77201.
Sep. 26, 1988].

Students
1188
Valid marriage. Essential requisites: (a) Legal capacity of the
contracting parties who must be a male and a female; and (b) Consent
freely given in the presence of the solemnizing officer. [Art. 2, FC].
Valid marriage. Formal requisites: (a) Authority of the solemnizing
officer; (b) a valid marriage license except in the cases provided for in
Chap. 2 of Title I of the Family Code; and (c) a marriage ceremony
which takes place with the appearance of the contracting parties before
the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two
witnesses of legal age. [Art. 3, FC].
Valid retrenchment. Requisites: (a) The losses expected should be
substantial and not merely de minimis in extent; (b) the substantial
losses apprehended must be reasonably imminent; (c) the
retrenchment must be reasonably necessary and likely to effectively
present the expected losses; and (d) the alleged losses, if already
incurred, and the expected imminent losses sought to be forestalled,
must be proved by sufficient and convincing evidence. [Catatista v.
NLRC, 247 SCRA 46, Aug. 3, 1995, citing the case of Lopez Sugar Corp.
v. Federation of Free Workers, 189 SCRA 179, Aug. 30, 1990].
Valid salvage claim. Necessary elements: (a) A marine peril; (b)
service voluntarily rendered when not required as an existing duty or
from a special contract; and (c) success in whole or in part, or that the
service rendered contributed to such success. [Erlanger & Galinger v.
Swedish East Asiatic Co., Ltd., 34 Phil. 178].
Valid search warrant. Requisites: (a)
It must be issued upon
probable cause; (b) the probable cause must be determined by the
judge himself and not by the applicant or any other person; (c) in the
determination of probable cause, the judge must examine, under oath
or affirmation, the complainant and such witnesses as the latter may
produce; and (d) the warrant issued must particularly describe the
place to be searched and persons or things to be seized. [Lim v. Ponce
de Leon, 66 SCRA 299].
Valuable consideration. Nego. Inst. It consists either in some right,
interest, profit or benefit, accruing to the party who makes the contract
or some forbearance, detriment, loss, responsibility, act, labor, or

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1189
service on the other side. [Claridades, A., Compilation of Notes,
2001-2006].
Value. 1. Any consideration sufficient to support a simple contract. [Sec.
3, PD 115]. 2. 2. Any consideration sufficient to support a simple
contract. An antecedent or pre-existing obligation, whether for money
or not, constitutes value where a receipt is taken either in satisfaction
thereof or as security therefor. [Sec. 25, Act 2137].
Value-added tax. Tax paid by a taxpayer only on the value added to a
good. [Intl. Law Dict. & Direct., 2004].
Valued policy. Ins. A policy of insurance which expresses on its face an
agreement that the thing insured shall be valued at a specific sum.
[Sec. 61, IC]. Compare with Open policy.
Variable contract. Ins. Any policy or contract on either a group or on
an individual basis issued by an insurance company providing for
benefits or other contractual payments or values thereunder to vary so
as to reflect investment results of any segregated portfolio of
investments or of a designated separate account in which amounts
received in connection with such contracts shall have been placed and
accounted for separately and apart from other investments and
accounts. [Sec. 232 (2), IC].
Variety. A plant grouping within a single botanical taxon of the lowest
known rank, that without regard to whether the conditions for plant
variety protection are fully met, can be defined by the expression of the
characteristics resulting from a given genotype or combination of
genotypes, distinguished from any other plant groupings by the
expression of at least one (1) characteristics, and considered as a unit
with regard to the suitability for being propagated unchanged. A variety
may be represented by seed, transplants, plants, tubers, tissue culture
plantlets, and other forms. [Sec 3, RA 9168].
Vatican City. A city in Italy which has an independent government of its
own, with the Pope, who is also head of the Roman Catholic Church, as
the Holy See or Head of State, in conformity with its traditions, and the
demands of its mission in the world. [Holy See v. Rosario, GR 101949.
Dec. 1, 1994].

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1190
Vehicle. 1. Any carriage traveling on its own wheels or runners and used
or intended to be used for the conveyance or carrying of persons,
animals or goods. [Sec. 3, RA 4663]. 2. Any thing that is designed to
transport persons or objects. A bicycle has been held to be a vehicle.
Veinte nueve. Batangas knife. Also Beinte nueve.
Vendee. The buyer; the person buying. [Claridades, A., Compilation of
Notes, 2001-2006].
Vendor. The seller; the person selling. [Duhaime's Legal Dict., 2004].
Veneer. A non structural facing of brick, concrete, tile, metal, plastic,
glass, or other similar approved materials attached to a backing or
structural components of the building for the purpose of
ornamentation, protection, or enclosure that may be adhered,
integrated, or anchored either on the interior or exterior of the building
or structure. [Sec. 1203, PD 1096].
Venta con pacto de retracto. Sp. Sale with the right to repurchase.
[Cruz v. Joaquin, GR 1170. Sep. 17, 1903].
Venue. 1. The place of the court where the trial is to take place. [Torres,
Oblig. & Cont., 2000 Ed., p. 355]. 2. Authority of a court to hear a
matter based on geographical location. [Glossary of Legal Terms
(Pro-Se), 2004]. 3. The location of a judicial hearing. [Duhaime's Legal
Dict., 2004]. Compare with Jurisdiction.
Venue of personal actions. Actions affecting title to or possession of
personal property, or interest therein may be commenced and tried
where the plaintiff or any of the principal plaintiffs resides, or where the
defendant or any of the principal defendants resides, or in the case of a
non-resident defendant where he may be found, at the election of the
plaintiff. [Sec. 2, Rule 4, RoC].
Venue of real actions. Actions affecting title to or possession of real
property, or interest therein, shall be commenced and tried in the
proper court which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated. [Sec. 1, Rule 4,
RoC].

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1191
Verba fortius accipiuntur contra proferentem. Lat. A principle of
construction whereby if the words of a contract are ambiguous, or of
two equally possible meanings, they should be interpreted against the
author of the words and not against the other party. [Duhaime's Legal
Dict., 2004].
Verba intentioni, non e contra, debent inservire. Lat. Words ought
to be more subservient to the intent and not the intent to the words.
[Phil. Consumers Foundation, Inc., v. NTC, GR L-63318. Aug. 18,
1984].
Verbal acts. Statements accompanying an equivocal act material to the
issue, and giving it a legal significance. [Claridades, A., Compilation of
Notes, 2001-2006]. Compare with Spontaneous statements.
Verba legis non est recedendum. Lat. From the words of a statute
there should be no departure. [Globe-Mackay Cable and Radio Corp. v.
NLRC, 206 SCRA 701 (1992)].
Verdict. 1. A conclusion, as to fact or law, that forms the basis for the
court's judgment. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The
decision of a (court). In criminal cases, this is usually expressed as
"guilty" or "not guilty". In a civil case, the verdict would be a finding for
the plaintiff or for the defendant. [Duhaime's Legal Dict., 2004].
Verification. 1. An affidavit that verifies a pleading to the effect that the
affiant has read the same and that the allegations therein are true and
correct of his knowledge and belief. [Sec. 4, Rule 7, RoC]. 2. A
statement under oath which confirms the contents of an accompanying
document. [Torres, Oblig. & Cont., 2000 Ed., p. 355].
Veritas simplex oratio est. Lat.The language of truth is simple.
[People v. Malunes, GR 114692. Aug. 14, 1995].
Vermin. A group of insects or small animals such as flies, mosquitoes,
cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of
diseases. [Sec. 69, PD 856].
Vertical shaft. An enclosed vertical space of passage that extends from
floor to floor, as well as from the base to the top of the building. [Sec.
3, PD 1185].

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1192
Vessel. 1. Every type of boat, craft, or other artificial contrivance used,
or capable of being used, as a means of transportation on water. [Sec.
131, RA 7160]. 2. Every description of watercraft, or other artificial
contrivance used, or capable of being used, as a means of
transportation on water. [Sec. 3, PD 600]. 3. Any vessel or watercraft
used for transport of passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds and types of vessels
or boats used in fishing. [Sec. 2, PD 532]. See Ship.
Vessels. Also Watercraft. Any barge, lighter, bulk carrier, passenger
ship freighter, tanker, container ship, fishing boats or other artificial
contrivance utilizing any source of motive power, designed, used or
capable of being used as a means of water transportation operating
either as common contract carrier, including fishing vessels covered
under PD 43, except (i) those owned and/or operated by the Armed
Forces of the Philippines and by foreign governments for military
purposes, and (ii) bancas, sailboats and other waterborne contrivance
of less than three gross tons capacity and not motorized. [Sec. 3, PD
474].
Vested right. 1. Property which has become fixed and established, and
is no longer open to doubt or controversy; an immediately fixed right of
present or future enjoyment as distinguished from an expectant or
contingent right [Benguet Consolidated Mining v. Pineda, 98 Phil. 711;
Balbao v. Farrales, 51 Phil. 498]. 2. Some right or interest in property
which has become fixed and established and is no longer open to doubt
or controversy. [Downs v. Blount, 170 Fed. 15,20, cited in Balboa v.
Farrales, 51 Phil. 498, 502]. 3. A right having been created by the
appropriate law, the recognition of its existence should follow
everywhere. Thus an act valid where done cannot be called in question
anywhere. [Beale, A Selection of Cases on the Conflicts of Laws, vol. 3,
1902 at p. 517].
Vested rights doctrine. The doctrine which holds that the duty to
recognize another jurisdiction's law was not dependent on comity, with
its expectation of reciprocity, but rather on the mere fact that such
rights had been validly created under the foreign law of their place of
origin, i.e. that they were vested rights. [Tetley, Glossary of Conflict of
Laws, 2004].
Vestibule. A passage hall or antechamber between the outer doors and
the interior parts of a house or building. [Sec. 3, PD 1185].

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1193
Veteran. 1. Any person or persons who served in the regularly
constituted air, land, or naval services or army, or in such non-regularly
organized military units in the Philippines during World War II and
whose services with such units are duly recognized by the Republic of
the Philippines or by the Government of the United States, those who
served in the Philippine Expeditionary Force to Korea and Vietnam, or in
any armed conflict in which the Philippines may be involved in the
future, and the retirees and pensioners of the Armed Forces of the
Philippines, and the military personnel who served in the post World
War II military service for at least ten years. Provided, That the said
veterans or retirees have been discharged under honorable conditions
from the service or continue in the active military service or are carried
in the military roster on inactive reserve: Provided, further, That for
purposes of PD 1906, the term shall also include the widows, orphans
and compulsory heirs of deceased veterans in the direct ascending line
and direct descending line, excluding their grandchildren and
great-grandchildren. [Sec. 4, PD 1906]. 2. The term shall include all
military personnel who served with the military forces of the Philippines
during the revolution against Spain, the Spanish-American War, World
War I, World War II, and the Korean conflict. [Sec. 2, RA 2664].
Veterinarian. A natural person who has been registered and issued a
valid Certificate of Registration and Professional Identification Card by
the Professional Regulatory Board of Veterinary Medicine in accordance
with RA 9268. [Sec. 4, RA 9268].
Veto. Admin. Law. The refusal of assent by the executive officer whose
assent is necessary to perfect a law which has been passed by the
legislative body, and the message which is usually sent to such body by
the executive, stating such refusal and the reasons therefor. [Black's
Veto. Intl. Law. The negative vote which any of the permanent members
of the United Nations Security Council is allowed to cast in the decision
of non-procedural questions. The effect of this veto is to defeat the
measure under consideration even if supported by a majority or, in fact,
all of the other members of the Council. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 29].
Veto power of the President. The general power of the President to
veto the entire bill, not merely parts thereof. [Sec. 27(1), Art. VI, 1987

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1194
Const.]. The exception to the general veto power is the power given to
the President to veto any particular item or items in a general
appropriations bill [Sec. 27(1), Art. VI, 1987 Const.]. In so doing, the
President must veto the entire item. [Phil. Const. Assoc. v. Enriquez, GR
113105. Aug. 19, 1994].
Via trita est tuttisima. Lat. The trodden path is the safest path.
[Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994].
Vicarious liability doctrine. Also Imputed negligence doctrine. 1.
The obligation which is demandable not only for one's own acts or
omissions, but also for those of persons for whom one is responsible.
[Art. 2180, CC]. 2. Under Anglo-American tort law, a person is not only
liable for torts committed by himself, but also for torts committed by
others with whom he has a certain relationship and for whom he is
responsible. [Tamargo v. CA, GR 85044. June 3, 1992]. 3. When a
person is held responsible for the tort of another even though the
person being held responsible may not have done anything wrong. This
is often the case with employers who are held vicariously liable for the
damages caused by their employees. [Duhaime's Legal Dict., 2004].
Vices of consent. The following vices or defects vitiate consent and
render the contract voidable: (a) mistake or error; (b) force or violence;
(c) intimidation; (d) undue influence; and (e) fraud. [Art. 1330, CC].
Victimless crimes. Those crimes where, by the very nature thereof, no
damages can possibly be sustained by a private party, such as
espionage, violation of neutrality, flight to enemy country or crimes
against popular representation. [People v. Quijada, GR 115008-09. July
24, 1996].
Videlicet. Lat. To wit or That is to say. Abbrev. Viz. It is often found in
legal documents to advise that what follows provides more detail about
a preceding general statement. For example: "The defendant
committed adultery; viz., on April 15th, at approximately 10:30 pm, he
had sexual intercourse with Ms. Jane Doe." [Duhaime's Legal Dict.,
2004].
Vigilantibus it non dormientibus jure subveniunt. Lat. If eternal
vigilance is the price of liberty, one cannot sleep on one's right. [Dela
Cruz v. Dela Cruz, GR L-61969. July 25, 1984].

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1195
Vinculum juris. Lat. Bond of law. See Juridical or Legal tie.
Vindictive damages. See Exemplary damages and Punitive
damages.
Violation. Injury; infringement; breach of right, duty or law; ravishment;
seduction. [Black's Law Dict., Abr. 5th Ed. (1987), p. 811].
Violation of domicile. Crim. Law. The felony committed by any public
officer or employee who, not being authorized by judicial order, shall
enter any dwelling against the will of the owner thereof, search papers
or other effects found therein without the previous consent of such
owner, or having surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so. [Art. 128, RPC].
Violation of neutrality. Crim. Law. The felony committed by anyone
who, on the occasion of a war in which the (Philippine) Government is
not involved, violates any regulation issued by competent authority for
the purpose of enforcing neutrality. [Art. 119, RPC].
Violation of parliamentary immunity. Crim. Law. The felony
committed by any person who shall use force, intimidation, threats, or
fraud to prevent any member of the National Assembly (Congress of
the Philippines) from attending the meetings of the Assembly
(Congress) or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, from expressing his
opinions or casting his vote; or by any public officer or employee who
shall, while the Assembly (Congress) is in regular or special session,
arrest or search any member thereof, except in case such member has
committed a crime punishable under the Rev. Penal Code by a penalty
higher than prision mayor. [Art. 145, RPC].
Violence. Unjust or unwarranted exercise of force, usually with the
accompaniment of vehemence, outrage or fury. [Black's Law Dict., Abr.
5th Ed. (1987), p. 811].
Violence against women and their children. Any act or a series of
acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual,

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psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. [Sec. 3, RA 9262].
Violence to vitiate consent. There is violence when in order to wrest
consent, serious or irresistible force is employed. When this is present,
consent is not free. [Diaz, Bus. Law Rev., 1991 Ed., p. 69, citing Art.
1335, CC].
Violent. Moving, acting, or characterized, by physical force, especially by
extreme and sudden or by unjust or improper force. [Black's Law Dict.,
Abr. 5th Ed. (1987), p. 811].
Vir. Lat. Man or husband. Vir et uxor censentur in lege una persona is an
old (and long abandoned in most countries) legal principle meaning
that man and wife are considered to be one person in law. [Duhaime's
Legal Dict., 2004].
Virgin. Legal Med. A woman who has had no carnal knowledge of man
and whose genital organs have not been altered by carnal connection.
[Olarte, Legal Med., 1st Ed. (2004), p. 122]. Compare with Chaste.
Virginity. Legal Med. The state of not knowing the nature of sexual life
and not having experienced sexual relation (moral virginity). A
condition whereby a woman is conscious of the nature of sexual life but
has not experienced sexual intercourse (physical virginity). [Olarte,
Legal Med., 1st Ed. (2004), p. 122]. Compare with Chastity.
Visa. 1. An official endorsement on a document or passport denoting
that the bearer may proceed. [Glossary of Legal Terms (Pro-Se), 2004].
2. Formal authorization to enter a country. [Intl. Law Dict. & Direct.,
2004].
Visit, right of. Intl. Law. Right of a warship or military aircraft on the
high seas to approach a foreign ship if the warship or aircraft has
reasonable grounds for suspecting that the foreign ship is. (a) engaged
in piracy, (b) engaged in the slave trade, (c) engaged in unauthorized
broadcasting, (d) a ship without a nationality, or (e) a ship that refuses
to fly a flag or is flying a foreign flag when it actually has the same
nationality as the warship or aircraft. [Intl. Law Dict. & Direct., 2004].

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1197
Visitation right. The right of access of a noncustodial parent to his or
her child or children. [Silva v. CA, GR 114742. July 17, 1997, citing
Visitorial power. The power of the Sec. of Labor or his duly authorized
representative to inquire, from time to time, into the financial activities
of legitimate labor organizations and to examine their books of
accounts and other records to determine compliance or non-compliance
with the law and to prosecute any violations of the law and the union
constitution and by-laws. [Art. 274, LC].
Vital industries. Public utilities, including transportation and
communication, companies engaged in the manufacture, processing or
distribution of fuel gas, gasoline and fuel or lubricating oil, companies
engaged in the production or processing of essential commodities or
products for export, and companies engaged in banking of any kind, as
well as hospitals, schools and colleges. [Sec. 2, PD 823].
Vital information. Any information, document, book, writing or any
other evidence necessary to build up to the people's case and/or secure
the conviction of criminals. [Sec. 1, PD 1731].
Viva voce. Lat. With the living voice; by word of mouth. As applied in
the examination of witness, this phrase is equivalent to orally. [Black's
Vivero de peces. Sp. Fishpond.
Viz. Abbreviation of the Latin word videlicet. Short for "namely" or "that
is to say." [Duhaime's Legal Dict., 2004].
Vocational preparation training. A range of training activities
primarily aimed at the youth and covering any or all of the following:
(a) First introduction to work of a vocational character covering a range
of occupational activities; (b) preparing the youth for choosing an
occupation or a line of training; (c) acquainting the youth with different
materials, tools, machines, procedures and elementary theoretical
knowledge relevant to a group of occupations; (d) providing the youth
with working methods and standards expected at work; and (e) giving
the youth basic knowledge about contributions which they may be able
to make to the economic and social development of the country. [Sec.

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Void. 1. Invalid; a void agreement is one for which there is no remedy.
[Glossary of Legal Terms (Pro-Se), 2004]. 2. Not legally binding. A
document that is void is useless and worthless; as if it did not exist. For
example, contracts for immoral purposes are said to be "void":
unenforceable and not recognized by the courts. A good example is a
contract to commit a serious crime such as murder. [Duhaime's Legal
Dict., 2004].
Voidable. 1. Capable of being declared invalid; a voidable contract is
one where a person may avoid his obligation, as a contract between an
adult and a minor. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The
law distinguishes between contracts which are void and those which are
voidable. Some contracts have such a latent defect that they are said to
be void (see definition of void above). Others have more minor defects
to them and are voidable at the option of the party victimized by the
defect. [Duhaime's Legal Dict., 2004].
Voidable marriage. A marriage which may be annulled for any of the
following causes, existing at the time of the marriage: (a) The party in
whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was
solemnized without the consent of the parents, guardian or person
having substitute parental authority over the party, in that order, unless
after attaining the age of twenty-one, such party freely cohabited with
the other and both lived together as husband and wife; (b) either party
was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife; (c) the consent of either
party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with the
other as husband and wife; (d) the consent of either party was
obtained by force, intimidation or undue influence, unless the same
having disappeared or ceased, such party thereafter freely cohabited
with the other as husband and wife; (e) either party was physically
incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable; or (f) either party
was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable. [Art. 45, FC].
Voidable or annullable contract. A contract that possesses all the
essential requisites of a contract, namely: consent, object and cause,
but has a defect or vice in that the consent is vitiated either by mistake,

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violence, intimidation, undue influence, fraud or that one of the
contracting parties is incapable of giving consent to the contract. [Diaz,
Bus. Law Rev., 1991 Ed., p. 88].
Voidable or annullable contracts. Contracts that are voidable or
annullable, even though there may have been no damage to the
contracting parties, such as: (a) those where one of the parties is
incapable of giving consent to a contract; (b) those where the consent
is vitiated by mistake, violence, intimidation, undue influence or fraud
[Art. 1390, CC]; and (c) those agreed to in a state of drunkenness; or
(d) those agreed to during a hypnotic spell. [Art. 1328, CC].
Void contract. One which has no force and effect from the very
beginning, as if it had never been entered into, and which cannot be
validated either by time or by ratification. [Palmera v. CSC, GR 110168.
Aug. 4, 1994]. Also Inexistent contract.
Void donation. See Donation, when void.
Void for vagueness doctrine. The rule that a statute or act may be
said to be vague when it lacks comprehensible standards that men of
common intelligence must necessarily guess at its meaning and differ
as to its application. It is repugnant to the Constitution in two respects:
(a) it violates due process for failure to accord persons, especially the
parties targeted by it, fair notice of the conduct to avoid; and (b) it
leaves law enforcers unbridled discretion in carrying out its provisions
and becomes an arbitrary flexing of the Government muscle. [People v.
Nazario, GR L-44143. Aug. 31, 1988].
Void judgment. It is in legal effect no judgment. By it no rights are
divested. From it no rights can be obtained. Being worthless in itself, all
proceedings founded upon it are equally worthless. It neither binds nor
bars any one. All acts performed under it and all claims flowing out of it
are void. The parties attempting to enforce it may be responsible as
trespassers. The purchaser at a sale by virtue of its authority finds
himself without title and without redress. [Gomez v. Concepcion, 47
Phil. 717, 722-723].
Void marriages due to absence of any of the essential requisites.
The following marriages shall be void from the beginning due to
absence of any of the essential requisites: (a) Those contracted by any
party below eighteen years of age even with the consent of parents or

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guardians; (b) those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with either
or both parties believing in good faith that the solemnizing officer had
the legal authority to do so; (c) those solemnized without license,
except those exempted from license requirement; (d) Those bigamous
or polygamous marriages not failing under Art. 41, FC); (e) those
contracted through mistake of one contracting party as to the identity
of the other; (f) those subsequent marriages that are void under Art.
53, FC; or (g) those contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization. [Arts. 35
and 36, FC].
Void marriages for reasons of public policy. The following
marriages shall be void from the beginning for reasons of public policy:
(a) between collateral blood relatives whether legitimate or illegitimate,
up to the fourth civil degree; (b) between step-parents and
step-children; (c) between parents-in-law and children-in-law; (d)
between the adopting parent and the adopted child; (e) between the
surviving spouse of the adopting parent and the adopted child; (f)
between the surviving spouse of the adopted child and the adopter; (g)
between an adopted child and a legitimate child of the adopter; (h)
between adopted children of the same adopter; and (i) between parties
where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse. [Art. 38, FC].
Void or inexistent contracts. Contracts which are inexistent and void
from the beginning, viz: (a) Those whose cause, object or purpose is
contrary to law, morals, good customs, public order or public policy; (b)
those which are absolutely simulated or fictitious; (c) those whose
cause or object did not exist at the time of the transaction; (d) those
whose object is outside the commerce of men; (e) those which
contemplate an impossible service; (f) those where the intention of the
parties relative to the principal object of the contract cannot be
ascertained; (g) those expressly prohibited or declared void by law [Art.
1409, CC]; and (g) those which are the direct results of previous illegal
contracts [Art. 1422, CC].
Voir dire. Literally means to speak the truth. 1. In Amer.
jurisprudence, the term denotes preliminary examination under oath of
prospective jurors. The examination is conducted to determine the

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competency or qualifications of the witness in case it is objected to.
When the court subjects the witness to voir dire, the court reminds him
or her about the consequences of the truth. When the court is satisfied
that the influence of fear or hope has been ruled out, then the
confession of the witness can be deemed voluntary. [People v. Miscala,
GR 91016. Sep. 27, 1991]. 2. The preliminary examination made in
court of a witness or juror to determine his competency or interest in a
matter. [Glossary of Legal Terms (Pro-Se), 2004].
Volatile substances. Any liquid, solid or mixed substance having the
property of releasing toxic vapors or fumes containing one or more of
the following chemical compounds: methanol, ethanol, isopropanol,
ethyl acetate, n-propyl acetate, n-butyl acetate, acetone, methyl ethyl
ketone, methyl butyl ketone, benzene, toluene, xylene, stryene,
naphtalene, n-pentane, n-hexane, n-heptane, methylene chloride,
trichloroenthylene,
tetrachloroenthylene,
nitrous
oxide,
dichlorodifluoromethane, chlorodifluoromethane, isoamyl nitrate, ether
or chloroform or any other chemical substance which when sniffed,
smelled, inhaled, or introduced into the physiological system of the
body produces or induces a condition of intoxication, inebriation,
excitement, stupefaction, dulling of the brain or nervous system,
depression, giddiness, paralysis, or irrational behaviour or in any
manner changing, distorting or disturbing the auditory, visual or mental
processes. [Sec. 1, PD 1619].
Volenti non fit injuria. Lat. That to which a person assents is not
deemed in law an injury. Consent to injury. Voluntary assumption of
risk. A defense in tort that means where a person engages in an event
accepting and aware of the risks inherent in that event, then he cannot
later complain of, or seek compensation for an injury suffered during
the event. [Duhaime's Legal Dict., 2004].
Volition test. That there be a total deprivation of freedom of the will.
Compare with Cognition test.
Voltage. The highest effective potential difference between any two
conductors of the circuit concerned expressed in volts. [Sec. 2, RA
7920].
Volte-face. An about-face; a reversal, as in policy or decision. [Word for
the Day, Dictionary.com, Feb. 1, 2002].

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Voluntarily committed child. A child whose parent(s) knowingly and
willingly relinquishes parental authority to the DSWD. [Sec. 3, RA
8552]. Compare with Involuntarily committed child.
Voluntary acknowledgment. See Voluntary recognition.
Voluntary act. A free, intelligent, and intentional act. [US v. Ah Chong,
GR 5272. Mar. 19, 1910].
Voluntary appearance. A waiver of the necessity of a formal notice. An
appearance in whatever form, without expressly objecting to the
jurisdiction of the court over the person, (which) is a submission to the
jurisdiction of the court over the person. [Flores v. Zurbito, 37 Phil.
746, 750; reiterated in Busuego v. CA, 151 SCRA 376, 385].
Voluntary arbitration. The reference of a dispute to an impartial body,
the members of which are chosen by the parties themselves, which
parties freely consent in advance to abide by the arbitral award issued
after proceedings where both parties had the opportunity to be heard.
[Hi-Precision Steel Center, Inc. v. Kim Steel Builders, Inc., GR 110434.
Dec. 13, 1993]. Compare with Compulsory arbitration.
Voluntary arbitrator. Any person accredited by the National
Conciliation and Mediation (NCMB) as such, or any person named or
designated in the collective bargaining agreement, by the parties to act
as their voluntary arbitrator, or one chosen, with or without the
assistance of the NCMB, pursuant to a selection procedure agreed upon
in the collective bargaining agreement, or any official that may be
authorized by the Sec. of Labor and Employment to act as voluntary
arbitrator upon the written request and agreement of the parties to a
labor dispute. [Sec. 1, Rule 1, Book 5, IRR of LC].
Voluntary compensation. This takes place when there is
compensation by agreement of the parties as in the case of mutual
set-off of accounts. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare
with Legal compensation.
Voluntary deposit. Civ. Law. A deposit wherein the delivery is made by
the will of the depositor. [Art. 1968, CC]. Compare with Necessary
deposit.

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Voluntary easements. 1. Easements established by the will of the
owners. [Art. 619, CC]. 2. (They are) extinguished upon (their)
renunciation by the owner of the dominant estate. [Art. 631, CC].
Voluntary heir. An heir who is called to the whole or to an aliquot part
of the free portion of the inheritance by virtue of a will. [Jurado,
Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing Art.
782, CC].
Voluntary HIV testing. HIV testing done on an individual who, after
having undergone pre-test counseling, willingly submits himself/herself
to such test. [Sec. 4, RA 8496].
Voluntary period. See Conventional period.
Voluntary recognition of natural children. An admission of the fact
of paternity or maternity by the presumed parent, expressed in the
form prescribed by the Civil Code. Its essence lies in the avowal of the
parent that the child is his; the formality is added to make the
admission incontestable, in view of its consequences. [Gapusan-Chua v.
CA, GR 46746. Mar. 15, 1990]. Also Voluntary acknowledgment.
Compare with Compulsory recognition.
Voluntary resignation. Labor. The voluntary act of an employee who
finds himself in a situation where he believes that his personal reasons
for resigning cannot be sacrificed in favor of the exigency of the
service, and where he has no other choice but to disassociate himself
from his employment. [Habana v. NLRC, GR 121486, Nov. 16, 1998].
Voting security. Any security presently entitling the owner or holder
thereof to vote for the election of directors of a company. [Sec. 3, RA
2629].
Voluntary recognition. An admission of the fact of paternity or
maternity by the presumed parent, expressed in the form prescribed by
the Civil Code. Its essence lies in the avowal of the parent that the child
is his; the formality is added to make the admission incontestable, in
view of its consequences. [Gapusan-Chua v. CA, GR 46746. Mar. 15,
1990]. Compare with Compulsory recognition.
Voluntary surrender. To be appreciated as a mitigating circumstance,
the following elements must be present: (a) the offender has not been

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actually arrested; (b) the offender surrendered himself to a person in
authority; and, (c) the surrender must be voluntary. All these requisites
appear to have attended their surrender. [People v. Canamo, GR
62043, 13 Aug. 1985; 138 SCRA 141].
Vote cast. The exercise on a ballot of the choice of the voter on the
measure proposed. [Javellana v. Exec. Sec., GR L-36142. Mar. 31,
1973].
Voting share. Corp. Law. A share with right to vote. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., p. 60]. Compare with
Non-voting share.
Voting trust. 1. An agreement in writing between one or more
stockholders of a stock corporation for the purpose of conferring upon
a trustee or trustees the right to vote and other rights pertaining to the
shares for certain periods and subject to such other conditions provided
for in the Corporation Law. [Sec. 1(d), RA 6713]. 2. A trust created by
an agreement between a group of the stockholders of a corporation
and the trustee or by a group of identical agreements between
individual stockholders and a common trustee, whereby it is provided
that for a term of years, or for a period contingent upon a certain
event, or until the agreement is terminated, control over the stock
owned by such stockholders, either for certain purposes or for all
purposes, is to be lodged in the trustee, either with or without a
reservation to the owners, or persons designated by them, of the
power to direct how such control shall be used. [Lee v. CA, GR 93695.
Feb. 4, 1992, citing Ballentine's Law Dict.].
Voting trust agreement. 1. An agreement in writing between one or
more stockholders of a stock corporation for the purpose of conferring
upon a trustee or trustees the right to vote and other rights pertaining
to the shares for certain periods and subject to such other conditions
provided for in the Corporation Law. [Sec. 1, Rule IX, RA 6713]. 2. An
agreement that results in the separation of the voting rights of a
stockholder from his other rights such as the right to receive dividends,
the right to inspect the books of the corporation, the right to sell
certain interests in the assets of the corporation and other rights to
which a stockholder may be entitled until the liquidation of the
corporation. [Lee v. CA, GR 93695. Feb. 4, 1992].

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Voyage charter. 1. A contract for the hire of a vessel for one or a series
of voyages usually for the purpose of transport in goods for the
charterer. The voyage charter is a contract of affreightment and is
considered a private carriage. [Maritime Agencies & Services, Inc. v.
CA, GR 77638. July 12, 1990, citing Schoenbaum, Admiralty and
Maritime Law, 1987, Student Ed., p. 383]. 2. A contract of
affreightment, that is, a contract for the carriage of goods, from one or
more ports of loading to one or more ports of unloading, on one or on
a series of voyages. In a voyage charter, master and crew remain in
the employ of the owner of the vessel. [Litonjua Shipping Inc. v. 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. [Olarte, Legal Med., 1st Ed. (2004), p. 117].
Vulgar substitution. See Simple or common substitution.
Vulnerable species. Species or subspecies that is not critically
endangered nor endangered but is under threat from adverse factors
throughout their range and is likely to move to the endangered
category in the near future. [Sec. 5, RA 9147].

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-WWage. The remuneration or earning, however designated, capable of

being expressed in terms of money, whether fixed or ascertained on a
time, task, piece, or commission basis, or other method of calculating
the unwritten contract of employment for 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 differences in wage or salary rates between and among
employee groups in an establishment as to effectively obliterate the
distinctions embodied in such wage structure based on skills, length of
service, or other logical bases of differentiation. [Art. 124, LC, as
amended by RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC].
Wages. All remuneration (other than fees paid to a public official) for
services performed by an employee for his employer, including the cash
value of all remuneration paid in any medium other than cash. [NIRC,
as amended].
Waive. To voluntarily give up a legal right. [Intl. Law Dict. & Direct.,
2004].
Waiver. 1. A voluntary and intentional relinquishment or abandonment
of a known existing legal right, advantage, benefit, claim or privilege,

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which except for such waiver the party would have enjoyed; the
voluntary abandonment or surrender, by a capable person, of a right
known by him to exist, with the intent that such right shall be
surrendered and such person forever deprived of its benefit; or such
conduct as warrants an inference of the relinquishment of such right; or
the intentional doing of an act inconsistent with claiming it. [People v.
Donato, GR 79269. June 5, 1991]. 2. Intentionally given up a right.
Waiver of immunity. A means authorized by statute by which a
witness, before testifying or producing evidence, may relinquish the
right to refuse to testify against himself, thereby making it possible for
his testimony to be used against him in future proceedings. [Glossary of
Walang-hiya. Tag. It means "shameless. [Gonzales v. Arcilla, GR
27923. Nov. 18, 1991].
Wanton. Reckless, heedless, malicious; characterized by extreme
recklessness or foolhardiness; recklessly disregardful of the rights or
safety of others or of consequences. [Black's Law Dict., Abr. 5th Ed.
(1987), p. 816].
Wanton attitude. A licentious act by one man towards the person of
another, without regard to his rights. [Moreno's Phil. Law Dict., 2nd
Ed., p. 497, citing Almeda v. Northwest Orient Airlines, CV-17413, Aug.
8, 1990].
War. Intl. Law. A sustained struggle of a scale and duration that
threatens the existence of the government of a state or an equivalent
juridical person and that is waged between groups of forces that are
armed, wear a distinctive insignia, and are subject to military discipline
under a responsible command. [Intl. Law Dict. & Direct., 2004].
War; how it may be terminated. War may be terminated (a) by
simple cessation of hostilities; (b) by the conclusion of a negotiated
treaty of peace; or (c) by the defeat of one of the belligerents. [Cruz,
Intl. Law Reviewer, 1996 Ed., pp. 144-145].
Warehouse. 1. A building utilized for the storage of products for sale
and from which goods or merchandise are withdrawn for delivery to
customers or dealers, or by persons acting in behalf of the business. A

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warehouse that does not accept orders and/or issue sales invoices as
aforementioned shall not be considered a branch or sales office. [Art.
243, IRR, LGC]. 2. A building or shed used for the storage of cargo.
[Sec. 3, PD 857].
Warehouseman. 1. One who receives and stores goods of another for
compensation. [Comm. of Internal Revenue v. Hawaiian-Philippine Co.,
GR L-16315. May 30, 1964, citing 44 Words & Phrases, p. 635]. 2. A
person engaged in the business of receiving commodity for storage.
[Sec. 2, Act 3893, as amended].
Warehouse receipt. A written acknowledgment by a warehouseman
that he has received and holds certain goods in his warehouse for the
person to whom the document is issued. [Suggested answer to Bar
1949; 1954; 1967, cited in Miravite, Bar Review Materials in Comm.
Law, 12th Ed., (2002), p. 26].
Warehouse Receipts Law. Act No. 2137 which prescribes the mutual
rights and duties of a warehouseman who issues ware-house receipts,
and his depositor, and covers all warehouses, bonded or not. [Miravite,
Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26].
Warning. 1. An act or fact of putting one on his guard against an
impending danger, evil consequences or penalties. [Tobias v. Veloso,
GR L-40224. Sep. 23, 1980]. 2. The notice printed on the tobacco
product or its container and/or displayed in print or alert in broadcast
or electronic media including outdoor advertising and which shall bear
information on the hazard of tobacco use. [Sec. 4, RA 9211].
War power. The power vested solely in Congress to declare, by a vote
of two-thirds of both Houses in joint session assembled, voting
separately, the existence of a state of war. [Claridades, A., Compilation
of Notes, 2001-2006].
Warrant. Most commonly, a court order authorizing law enforcement
officers to make an arrest or conduct a search. An application seeking a
warrant must be accompanied by an affidavit which establishes
probable cause by detailing the facts upon which the request is based.
Warrantless arrest. Arrest made without a warrant issued by a judge.

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Warrantless arrest; when lawful. A peace officer or a private person
may, without a warrant, arrest a person: (a) when in his presence, the
person to be arrested has committed, is actually committing, or is
attempting to commit an offense; (b)
when an offense has in fact
just been committed, and he has personal knowledge of facts indicating
that the person to be arrested has committed it; (c) when the person to
be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from
one confinement to another. [Sec. 5, Rule 113, RoC].
Warrantless search and seisure. Search and seizure made without a
warrant issued by a judge. [Claridades, A., Compilation of Notes,
2001-2006].
Warrantless search and seizure; when valid. There are instances
when a warrantless search and seizure becomes valid, namely: (a)
search incidental to an arrest; (b) search of a moving vehicle; and (c)
seizure of evidence in plain view. [Manipon, Jr. v. Sandiganbayan,
L-58889, July 31, 1986, 143 SCRA 267, 276].
Warrantless search incidental to a lawful arrest. Search recognized
under Sec. 13, Rule 126 of the Rules of Court which provides that a
person lawfully arrested may be searched for dangerous weapons or
anything which may have been used or constitute proof in the
commission of an offense, without a search warrant.
Warrant of arrest. An order issued by the judge upon probable cause
determined personally by him after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the persons to be arrested. [Claridades, A.,
Compilation of Notes, 2001-2006]. Compare with Search warrant.
Warranty. 1. A promise that a proposition of fact is true. A promise that
certain facts are truly as they are represented to be and that they will
remain so. [Magno v. CA, GR 96132. June 26, 1992, citing Black's Law
Dict., 5th Ed., (1979) p. 1423]. 2. A promise that a proposition of fact
is true. [Glossary of Legal Terms (Pro-Se), 2004]. 3. An undertaking
that the title, quality, or quantity of the subject matter of a contract is
what it has been represented to be, and relates to some agreement
made ordinarily by the party who makes the warranty. [De Leon,

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Comments and Cases on Credit Trans., 1999 Ed., p. 237, citing 38 CJS
1134].
Warranty deed. Also Deed of warranty. A deed which guarantees
that the title conveyed is good and its transfer rightful. [Jurists Legal
Dict., 2004].
Warsaw Convention. The Convention for the Unification of Certain
Rules Relating to International Transportation by Air signed at
Warsaw, Poland on Oct. 12, 1929.
Waste. 1. Any material either solid, liquid, semisolid, contained gas or
other forms resulting industrial, commercial, mining or agricultural
operations, or from community and household activities that is devoid
of usage and discarded. [Sec 4, RA 9275]. 2. Property. The abuse,
destruction or permanent change to property by one who is merely in
possession of it as in the case of a tenant or a life tenant. [Duhaime's
Legal Dict., 2004].
Waste dump area. A designated place where the mine waste are
accumulated or collected. [Sec. 4, DENR Admin. Order 95-23].
Wastewater. Waste in liquid state containing pollutants. [Sec 4, RA
9275].
Wasting assets corporation. Corp. Law. A corporation the sole
purpose of which is to invest its capital in a specific property and
afterwards to consume that property at a profit, such as mining or oil
corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 275].
Watchman or security guard, watchman or security guard
agency. Any person who offers or renders personal service to watch or
secure either residential or business establishment, or both, or any
building, compound, or area including but not limited to logging
concessions, agricultural, mining or pasture lands for hire or
compensation, or as an employee thereof shall be known as watchman
or security guard; and any person, association, partnership, or
corporation, who recruits, trains, muster, furnishes, solicits individuals
or business firms, private or government-owned or controlled
corporations to engage his service or those of its watchmen, shall be
known as watchman of security guard agency. [Sec. 3, RA 5487, as
amended by PD 11].

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Water body. Both natural and man-made bodies of fresh, brackish, and
saline waters, and includes, but is not limited to, aquifers, groundwater,
springs, creeks, streams, rivers, ponds, lagoons, water reservoirs,
lakes, bays, estuarine, coastal and marine waters. Water bodies do not
refer to those constructed, developed and used purposely as water
treatment facilities and/or water storage for recycling and re-use which
are integral to process industry or manufacturing. [Sec 4, RA 9275].
Water Code of the Philippines. PD 1067 entitled A Decree instituting
a Water Code, thereby revising and consolidating the laws governing
the ownership, appropriation, utilization, exploitation, development,
conservation and protection of water resources signed into law on
Dec. 31, 1976.
Watercraft. Any waterborne unit which is designed and built to have an
electric plant. [Sec. 2, RA 7920]. See Vessels.
Watered shares. Corp. Law. Those issued for no consideration or
inadequate consideration. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Water pollution. Any alteration of the physical, chemical, biological, or
radiological properties of a water body resulting in the impairment of its
purity or quality. [Sec 4, RA 9275].
Water quality. 1. The characteristics of water, which define its use in
characteristics by terms of physical, chemical, biological, bacteriological
or radiological characteristics by which the acceptability of water is
evaluated. [Sec 4, RA 9275]. 2. The characteristics of water which
define its use in terms of physical, chemical and biological contents;
hence the quality of water for domestic use is different from industrial
use. [Sec. 62, PD 1152].
Water quality guidelines. The level for a water constituent or
numerical values of physical, chemical, biological and bacteriological or
radiological parameters which are used to classify water resources and
their use, which does not result in significant health risk and which are
not intended for direct enforcement but only for water quality
management purposes, such as determining time trends, evaluating
stages of deterioration or enhancement of the water quality, and as
basis for taking positive action in preventing, controlling or abating
water pollution. [Sec 4, RA 9275].

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Water quality management area action plan. This plan includes,
but is not limited to, the following: (a) goals and targets including
sewerage or septage program, (b) schedule of compliance to meet the
applicable requirements of RA 9275; (c) water pollution control
strategies or techniques; (d) water quality information and education
program; e) resource requirement and possible sources; f) enforcement
procedures of the plan and (g) rewards and incentives under Chap. 4 of
RA 9275. [Sec 4, RA 9275].
Water quality standard. A plan that is established by governmental
authority as a program for water pollution prevention and abatement.
Such a standard may include water use classification and the criteria to
support the uses of the water. [Sec. 62, PD 1152].
Water quality surveillance. A close and continuous supervision of the
water quality to detect development movements or changes in the
characteristics of the water. [Sec. 62, PD 1152].
Water rights. 1. The privilege to appropriate and use water. [Art. 13,
PD 1067]. 2. The right to use water. [Glossary of Legal Terms (Pro-Se),
2004].
Waters. The term refers to water under the grounds, water above the
ground, water in the atmosphere and the waters of the sea within the
territorial jurisdiction of the Philippines. [Art. 4, PD 1067].
Watershed. A land area drained by a stream or fixed body of water and
its tributaries having a common outlet for surface run-off. [Sec. 3, PD
705].
Watershed reservation. A forest land reservation established to
protect or improve the conditions of the water yield thereof or reduce
sedimentation. [Sec. 3, PD 705].
Watusi. Usually reddish in color about 1 1/2 inches in length and 1/10
inch in width usually ignited by friction to produce a dancing movement
and a crackling sound. [Sec. 2, RA 7183].
Wedlock. Being married. It has the same meaning as matrimony. Used
mostly to refer to illegitimate children as "born out of wedlock."

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Week. A period of time consisting of seven consecutive days.
[Concepcion v. Zandueta, 36 OG 3139 (1938); Moreno, Phil. Law Dict.,
2nd Ed., 1972, p. 660)].
Weight of evidence. The probative value or credit the court gives to a
particular evidence admitted to prove a fact in issue. [Claridades, A.,
Welfare state concept. Under this concept, private property does not
constitute for anyone an absolute and unconditioned right. All men are
equal in their right to a decent life. It is not a system of justice where
one man is very wealthy and another very poor. Where such a situation
exists on a national scale, it becomes a matter of social justice.
[Alalayan v. Napocor (24 SCRA 172, 181-182 (1968)].
Wenphil doctrine. The principle that teaches, as in other cases, that
where the dismissal of an employee is for a just cause but without due
process, the employer must indemnify the dismissed employee.
[Wenphil Corp. v. NLRC, GR 80587, 8 Feb. 1989, 170 SCRA 69].
Wet-nursing. The feeding of a newborn from another mother's breast
when his/her own mother cannot breastfeed. [Sec. 3, RA 7600].
Wharf. A continuous structure built parallel to along the margin of the
sea or alongside riverbanks, canals or waterways where vessels may lie
alongside to receive or discharge cargo, embark or disembark
passengers, or lie at rest. [Sec. 3, PD 857].
Wharfage. A fee assessed against the cargo of a vessel engaged in
foreign or domestic trade based on quantity, weight, or measure
received and/or discharged by vessel. [Sec. 131, RA 7160].
Wharfage due. The amount assessed against the cargo of a vessel
engaged in foreign or coastwise trade, based on the quantity, weight or
measure received and/or discharged by such vessel. The owner or
consignee of the article, or the agent of either, is the person liable for
such charge. [Sec. 2801, RA 1937, as amended by PD 34 and PD 441].
Whenever praticable and convenient. This phrase connotes a
meaning which prevents an unbridled application of the Rules of Court,
as well as of all matters incident thereto, for there is still need to show

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and analyze if the extension would help attain the objective of the law
or would tend to defeat it. [Morente v. Filamor, 52 Phil., 289].
Whereas clauses. They do not form part of a statute, strictly speaking;
they are not part of the operative language of the statute. Nonetheless,
whereas clauses may be helpful to the extent they articulate the
general purpose or reason underlying a new enactment. [Llamado v.
CA, GR 84850. June 29, 1989]. Also Preambulatory clauses.
Whistle device. Any of the various kinds of firecrackers or pyrotechnic
designed to either simply emit a whistle-like sound or explode
afterwards upon being ignited. [Sec. 2, RA 7183].
White slave trade. Crim. Law. The felony committed by any person
who, in any manner, or under any pretext, shall engage in the business
or shall profit by prostitution or shall enlist the services of any other for
the purpose of prostitution. [Art. 341, RPC, as amended by BP 186].
Whole eye. The entire eye ball minus the conjunctiva after it has been
enucleated from the orbit. [Sec. 4, DOH Admin. Order 11-95].
Wholesale. A sale where the purchaser buys or imports the
commodities for resale to persons other than the end user regardless of
the quantity of the transaction. [Sec. 131, RA 7160].
Wholesale posted price (WPP). The ceiling price of petroleum
products set by the Energy Regulatory Board based on its duly
approved automatic pricing formula. [Sec. 4, RA 8479].
Wholesaler. Every person who acts as a jobber, merchant, broker or
agent, who sells or distributes for resale pharmaceuticals, proprietary
medicines or pharmaceutical specialties. [Sec. 42, RA 5921].
Wholesaling. Selling to retailers or jobbers rather than to consumers or
a sale in large quantity to one who intends to resell. [Marsman & Co. v.
First Coconut Central Co., GR L-39841. June 20, 1988, citing Black's
Law Dict., 5th Ed.].
Wholly-owned subsidiary corporation. A corporation that is
organized or a corporation already in existence wherein one hundred
per cent (100%) of its shares of stock are owned or controlled by the

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organizing or subscribing Authority, in this case, the Phil. Tourism
Authority, to carry out or accomplish its purpose. [Sec. 38, PD 564].
Wholly-owned subsidiary of a person. A company ninety-five per
centum or more of the outstanding voting securities of which are
owned by such person, or by a company which, within the meaning of
Sec. 3 of RA 2629, is a wholly-owned subsidiary of such person. [Sec.
3, RA 2629]. See Majority-owned subsidiary of a person.
Wife's separate estate. That from which the dominion and control of
the husband is excluded, and from which he is to derive no benefit by
reason of the marital relation. It may be equitable or statutory,
according to the mode of its creation. [Ossorio v. Posadas, GR 31088.
Dec. 3, 1929, citing 30 Corpus Juris, 795].
Wildlife. Wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are
being bred or propagated. [Sec. 5, RA 9147].
Wildlife collector's permit. A permit to take or collect from the wild
certain species and quantities of wildlife for commercial purposes. [Sec.
5, RA 9147].
Wildlife farm or culture permit. A permit to develop, operate and
maintain a wildlife breeding farm for conservation, trade and/or
scientific purposes. [Sec. 5, RA 9147].
Wildlife sanctuary. An area which assures the natural conditions
necessary to protect nationally significant species, groups of species,
biotic communities or physical features of the environment where these
may require specific human manipulation for their perpetuation. [Sec.
4, RA 7586].
Will. 1. An act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of his
estate, to take effect after his death. [Art. 783, CC]. 2. A personal,
solemn, revocable and free act by which a capacitated person disposes
of his property and rights and declares or complies with duties to take
effect after his death. [Vitug v. CA, GR 82027. Mar. 29, 1990]. 3. A
legal declaration that disposes of a person's property when that person
dies. [Glossary of Legal Terms (Pro-Se), 2004]. 4. A written and signed
statement, made by an individual, which provides for the disposition of

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his property when he dies. [Duhaime's Legal Dict., 2004]. Also called
Last will and testament. See also Codicil and Probate.
Willful. An act done intentionally, knowingly, and purposely, without
justifiable excuse, as distinguished from an act done carelessly,
thoughtlessly, heedlessly or inadvertently [Tiu v. NLRC, GR 83433. Nov.
12, 1992, citing Black's Law Dict., 5th Ed., 1434].
Willful breach. Such breach which is done intentionally, knowingly and
purposely, without justifiable excuse, as distinguished from an act done
carelessly, thoughtlessly, heedlessly or inadvertently. [Intl. Harvester
Macleod, Inc. v. IAC, GR 73287, May 18, 1987, 149 SCRA 641].
Willful breach of trust. An act done intentionally, knowingly, and
purposely, without justifiable excuse, as distinguished from an act done
carelessly, thoughtlessly, heedlessly or inadvertently. [Tiu v. NLRC, GR
83433. Nov. 12, 1992, citing Black's Law Dict., 5th Ed., 1434).
Willful disobedience of the employer's lawful order. Requisites:
(a) The employee's assailed conduct must have been intentional and
characterized by a wrongful and perverse attitude; and (b) the order
violated must have been reasonable, lawful, and made known to the
employee and should pertain to the duties which he has been engaged
to discharge. [Nuez v. NLRC, 239 SCRA 518, San Miguel Corp. v.
Ubaldo, 218 SCRA 293, 300 citing Gold City Integrated Port Services v.
NLRC, 189 SCRA 811].
Willful exposure to needless peril. A reckless risking of (ones own)
that is almost suicidal in intent. [Sun Insurance Office, Ltd. v. CA, GR
92383. July 17, 1992]. Compare with Suicide.
Willful misconduct. Acts impelled by an intention to violate the law, or
in persistent disregard of one's rights. It must be evidenced by a
flagrantly or shamefully wrong or improper conduct. [Luna v. CA, GR
100374-75. Nov. 27, 1992].
Will, how revoked. No will shall be revoked except in the following
cases: (a) By implication of law; or (b) by some will, codicil, or other
writing executed as provided in case of wills; or (c) by burning, tearing,
canceling, or obliterating the will with the intention of revoking it, by
the testator himself, or by some other person in his presence, and by
his express direction. If burned, torn, cancelled, or obliterated by some

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other person, without the express direction of the testator, the will may
still be established, and the estate distributed in accordance therewith,
if its contents, and due execution, and the fact of its unauthorized
destruction, cancellation, or obliteration are established according to
the Rules of Court. [Art. 830, CC].
Wills, forms of. Every will must be in writing and executed in a
language or dialect known to the testator. [Art. 804, CC].
Wills, witnesses to. Any person of sound mind and of the age of
eighteen years or more, and not bind, deaf or dumb, and able to read
and write, may be a witness to the execution of a will mentioned in Art.
805 of the Civil Code. [Art. 820, CC].
Wilson or Tobar doctrine. Intl. Law. 1. The doctrine that precludes
recognition to any government coming into existence by revolutionary
means so long as the freely elected representatives of the people
thereof have not constitutionally recognized the country. [Sandoval,
Pol. Law Reviewer 2003]. 2. The doctrine which was first expressed in a
treaty concluded in 1907 by the Central American republics at the
suggestion of Foreign Minister Tobar of Ecuador and was reiterated by
President Woodrow Wilson of the United States in a public statement in
1913. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44]. Compare with
Estrada doctrine.
Window period. The period of time, usually lasting from two weeks to
six (6) months during which an infected individual will test negative
upon HIV testing but can actually transmit the infection. [Sec. 4, RA
8496].
Winning bidders. Bidders who have received awards of contract or
orders. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Wire tapping. 1. The crime committed by any person who, not being
authorized by all the parties to any private communication or spoken
word, shall tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as
a dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder, or however otherwise described; or by any person, be he a
participant or not in the act or acts penalized in the next preceding
sentence, who shall knowingly possess any tape record, wire record,

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disc record, or any other such record, or copies thereof, of any
communication or spoken word secured either before or after the
effective date of RA 4200 in the manner prohibited by said law; or to
replay the same for any other person or persons; or communicate the
contents thereof, either verbally or in writing, or furnish transcriptions
thereof, whether complete or partial, to any other person: Provided,
That the use of such record or any copies thereof as evidence in any
civil, criminal investigation or trial of offenses mentioned in Sec. 3
thereof, shall not be covered by this prohibition. [Sec. 1, RA 4200]. 2.
An electronic surveillance device which secretly listens in and records
conversations held over a phone line. It is usually only allowed with the
permission of (the court) and if it can be shown to be necessary for the
solving of a serious crime. [Duhaime's Legal Dict., 2004].
Witch. One who practices the black art, or magic; one regarded as
possessing supernatural or magical power by compact with an evil
spirit, especially with the devil; a sorcerer or sorceress now applied
chiefly or only to women. [People v. Sario, GR L-20754 & L-20759. June
30, 1966].
Witchcraft. The practice or art of witches; the practice of black magic;
sorcery; enchantments; intercourse with evil spirits; also an instance of
such practice. [People v. Sario, GR L-20754 & L-20759. June 30, 1966].
Withholding agent. Any person required to deduct and withhold any
tax under the provisions of Sec. 57 of the National Internal Revenue
code. [Sec. 22, NIRC, as amended].
Withholding tax. A tax deducted from a salary, wage, or other income
on behalf of the government at the time of payment of wages to the
person who pays it. [Glossary of Legal Terms (Pro-Se), 2004; Jurists
Legal Dict., 2004].
Withholding tax system. A system under which the payee is the
taxpayer, the person on whom the tax is imposed, while the payor, a
separate entity, acts no more than an agent of the government for the
collection of the tax in order to ensure its payment. [Bank of America v.
CA, GR 103092. July 21, 1994].
Without jurisdiction. Absence of a legal power to determine a case.
[Bench Book for Trial Court Judges, p. 2-86].

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Without prejudice. 1. When the dismissal of the previous action is
without prejudice, the plaintiff has the right to file another complaint
against the principal. [Ang v. Fulton Fire Ins., GR L-15862. July 31,
1961]. 2. A declaration that no rights or privileges of the party
concerned are waived or lost. In a dismissal, these words maintain the
right to bring a subsequent suit on the same claim. [Glossary of Legal
With prejudice. A declaration which dismisses all rights. A judgment
barring the right to bring or maintain an action on the same claim or
cause. [Glossary of Legal Terms (Pro-Se), 2004].
Witness. 1. Any person who, having organs of sense, can perceive and,
perceiving, can make known his perception to others. [Sec. 1, PD
1731]. 2. One who personally sees or perceives a thing; one who
testifies as to what he has seen, heard, or otherwise observed.
[Glossary of Legal Terms (Pro-Se), 2004]. 3. The regular definition of
this word is a person who perceives an event by seeing, hearing,
smelling or other sensory perception. The legal definition refers to the
court-supervised recital of that sensory experience, in writing
(deposition) or verbally (testimony). [Duhaime's Legal Dict., 2004].
Witness Protection, Security and Benefit Act. RA 6981 entitled An
Act providing for a witness protection, security and benefit program
and for other purpose enacted on Apr. 24, 1991.
Witness to the signature. See Instrumental witness.
Woman and Child Labor. RA 679. [Expressly repealed by the Labor
Code].
Women in Development and Nation Building Act. RA 7192 entitled
An act promoting the integration of women as full and equal partners
of men in development and nation building and for other purposes
Words of negotiability. See Negotiability, words of.
Words of purchase. Words which specifically name the person to
whom land is being conveyed. The property is conveyed to specifically
and by name in a legal act such as a conveyance or will. This would

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preclude, for example, transfer as a result of intestacy. [Duhaime's
Legal Dict., 2004].
Work animals. Animals ordinarily employed in a farm enterprise, such
as carabaos, horses, bullocks, etc. [Sec. 166, RA 3844].
Worker. Any member of the labor force, whether employed or
unemployed. [Art. 13, LC].
Workers in the formal sector. Workers in registered business
enterprises who sell their services in exchange for wages and other
forms of compensation. [Sec. 3, RA 8425].
Workers in the informal sector. Poor individuals who operate
businesses that are very small in scale and are not registered with any
national government agency, and to the workers in such enterprises
who sell their services in exchange for subsistence level wages or other
forms of compensation. [Sec. 3, RA 8425].
Working fund. The account to which all investment incomes, premium
incomes, and all other incomes shall be credited and against which all
operating costs and other expenses, including claims paid, shall be
debited. [Sec. 3, RA 6424].
Workmen's compensation. Liability for compensation for loss resulting
from injury, disability or death of the workingman through industrial
accident or disease. It is based on incapacity or disability for work, and
hence on the loss or impairment of the employee's earning capacity in
the employment at which he was engaged when injured, the
compensation payments being in lieu of wages or based on the loss
thereof and on the idea of providing means of subsistence to the
employees during the time when his earning capacity has been partially
or entirely destroyed. In other words, as long as the employee is able
to work and receives his pay even if he is suffering from illness, he is
not entitled to compensation. [Central Azucarera Don Pedro v. de Leon,
101 Phil. 1141 (1959); Lombo v. Standard Cigarette Manufacturing Co.,
58 SCRA 750 (1974)].
Workmen's Compensation Act. Act No. 3428, as amended. [Expressly
repealed by the Labor Code].

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Work of fine art. All original works of art like paintings, sculpture,
drawings and artwork produced in multiples such as graphic and
photographic works and sculpture casts, but shall not include works
intended to be mass-produced for commercial use. [Sec 3, RA 9105].
Work of the Government of the Philippines. A work created by any
officer or employee of the Philippine Government or any of its
subdivisions and instrumentalities, including government owned or
controlled corporations as a part of his regularly prescribed official
duties. [Sec. 9, PD 49].
Workplace. The place or locality where the employee is regularly
assigned when the cause of action arose. It shall include the place
where the employee is supposed to report back after a temporary
detail, assignment or travel. [Cruzvale v. Laguesma, GR 107610. Nov.
25, 1994].
World Wide Web (WWW). Internet information system that provides
access to text, images, full-motion video, sound and other media
connected by hyperlinks. [Intl. Law Dict. & Direct., 2004].
Writ. 1. A judicial order directing a person to do something. [Glossary of
Legal Terms (Pro-Se), 2004]. 2. An official court document, signed by a
judge or bearing an official court seal, which commands the person to
whom it is addressed, to do something specific. That person is typically
either a sheriff (who may be instructed to seize property, for example)
or a defendant (for whom the writ is the first notice of formal legal
action. In these cases, the writ would command the person to answer
the charges laid out in the suit, or else judgment may be made against
him in his absence).
Writ of attachment. Substantially a writ of execution except that it
emanates at the beginning, instead of at the termination, of a suit. It
places the attached properties in custodia legis, obtaining pendente lite
a lien until the judgment of the proper tribunal on the plaintiff's claim is
established, when the lien becomes effective as of the date of the levy.
[Santos v. Aquino, GR 86181-82. Jan. 13, 1992].
Writ of certiorari. An order issued by the Supreme Court directing the
lower court to transmit records for a case for which it will hear on
appeal. [Glossary of Legal Terms (Pro-Se), 2004].

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Writ of error. The method of appealing criminal cases where the
appellate court can only consider errors assigned by the appellant and
can not consider the facts further than is necessary to reach a
conclusion upon the errors assigned by the appellant. [US v. Padilla, GR
1883. May 1, 1905].
Writ of execution. An order of the court evidencing debt of one party
to another and commanding the court officer to take property in
satisfaction of the debt. [Glossary of Legal Terms (Pro-Se), 2004].
Writ of execution, quashing of. A writ may be quashed or recalled
only when: (a) it appears that it has been improvidently issued, (b) the
writ is defective in substance, or (c) it is issued against the wrong
party, or (d) the judgment debt has been paid, or (e) the writ has been
issued without authority, or (f) there is a change in the situation of the
parties which makes such execution inequitable, or (g) the controversy
was never submitted to the judgment of the court [ Intl. School v. Min.
of Labor and Employment, GR 54243, July 21, 1989].
Writ of garnishment. An order of the court whereby property, money,
or credits in the possession of another person may be seized and
applied to pay a debtor's debt. It is used as an incident to or auxiliary
of a judgment rendered in a principal action. [Glossary of Legal Terms
(Pro-Se), 2004].
Writ of habeas corpus. A writ or order directed to the person detaining
another and commanding him to produce the body of the prisoner at a
certain time and place, with the day and cause of his detention, to do,
submit to, and receive whatsoever the court or judge awarding the writ
shall consider in that behalf. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
pp. 222-223, citing Blacks Law Dict., 837 (1951)].
Writ of possession. An order whereby the sheriff is commanded to
place a person in possession of a real or personal property, such as
when a property is extrajudicially foreclosed. [AG Devt Corp. v. CA, GR
111662. Oct. 23, 1997, citing Moreno, Phil. Law Dict., 1972 and Sec. 7,
Act 3135, as amended].
Writ of preliminary attachment. A provisional remedy issued upon
order of the court where an action is pending to be levied upon the
property or properties of the defendant therein, the same to be held
thereafter by the sheriff as security for the satisfaction of whatever

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judgment might be secured in said action by the attaching creditor
against the defendant (Adlawan v. Tomol, 184 SCRA 31 [1990] citing
Virata v. Aquino, 53 SCRA 30-31 [1973]).
Writ of preliminary injunction. 1. A provisional remedy in the form of
an order issued by a judge before whom the action is pending at any
stage thereof prior to final judgment requiring a person to refrain from
a particular act. It may also require the performance of a particular act
in which case it shall be known as preliminary mandatory injunction. 2.
At times referred to as the strong arm of equity, the writ of preliminary
injunction, whether prohibitory or mandatory, is sought for the
protection of the rights of a party before the final determination of his
rights vis--vis others' in a pending case before the court. [Heirs of
Roxas v. IAC, GR 78618. May 29, 1989]
Writ of preliminary injunction, issuance of. Requisites: (a) There
must be a right in esse or the existence of a right to be protected; and
(b) the act against which the injunction is to be directed is a violation of
such right. [Cagayan de Oro City Landless Residents Assoc. v. CA, GR
106043, Mar. 4, 1996 citing Sales v. SEC, 169 SCRA 109 (1989)].
Writ of sequestration. Essentially a conservatory measure, somewhat
in the nature of a judicial deposit. It is a process which may be
employed as a conservatory writ whenever the right of the property is
involved, to preserve, pending litigation, specific property subject to
conflicting claims of ownership or liens and privileges. [Bataan Shipyard
Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987, citing 79 CJS, 1047].
Written constitution. A constitution whose precepts are embodied in
one document or set of documents. [Cruz, Constl. Law, 1998 Ed., p. 4].
Compare with Unwritten constitution.
Wrongful dismissal. Being fired from a job without an adequate reason
or without any reason whatsoever. Employees do not have a right to a
job for life and can be dismissed for economic or performance reasons
but they cannot be dismissed capriciously. Most employment implies an
employment contract, which may be supplemented by labor legislation.
Either could provide for certain procedures to be followed, failing which
any firing is wrongful dismissal and for which the employee could ask a
court for damages against the employer. [Duhaime's Legal Dict., 2004].

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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].

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-YYalta voting formula. The voting rule in the Security Council whereby
a decision on procedural matters is to be made by the affirmative vote
of any nine members of the Council while a decision on non-procedural

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or substantive matters requires the concurrence of as many members
of the body but including all the permanent members. [Cruz, Intl. Law
Yamin. Oath under the unique Islamic rule of procedure. [Tampar v.
Usman, GR 82077. Aug. 16, 1991].
Yawa. Vis. Devil. [Madrona v. Rosal, GR 39120. Nov. 21, 1991].
Yellow dog contract. 1. A name given in labor law to contract of
employment by which the employee agrees to forfeit his employment if
he joins a union during the period of employment. [Adame v. CIR, GR
L-33221 & L-33262-63. Apr. 28, 1975]. 2. A name given to a 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
Legal Dict., 2004].
Youth. 1. Persons fifteen (15) to thirty (30) years old. [Sec. 3, RA 8425].
2. Those persons whose ages range from fifteen (15) to thirty (30)
years old. [Sec. 4, RA 8044].
Youthful offender. A child, minor or youth, including one who is
emancipated in accordance with law who is over nine years but under
eighteen years of age at the time of the commission of the offense.
[Art. 189, PD 1179].
Youth organizations. Those organizations
composition are youth. [Sec. 4, RA 8044].
whose
membership/
Youth-serving organizations. Those registered organizations or

institutions whose principal programs, projects and activities are
youth-oriented and youth-related. [Sec. 4, RA 8044].

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-ZZakat. The term has the meaning assigned to it by Islamic law and
jurisprudence as expounded by authoritative sources; in the context of
RA 6848, it represents an annual tithe payable by the Bank on behalf of
its shareholders and investors in compliance with Islamic Shari'a
principles. [Sec. 44, RA 6848].
Zona. The dreaded military operation which was not unlike the feared
practice of the kempeitai during the Japanese Occupation of rounding
up the people in a locality, arresting the persons fingered by a hooded
informer, and executing them outright (although the last part is not
included in the modern refinement). [Alih v. Castro, GR L-69401. June
23, 1987].
Zonal Improvement Program (ZIP). The program of the National
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 area. Any individual who, by virtue of
domicile or employment, resides on permanent basis in the secured
area. The term does not include individuals who have entered into
short or long-term property lease but are not engaged in registered
business activity in the zone, outsiders engaged in doing business
within the zone, transients and/or weekenders. [Customs Admin. Order
3-95, Dec. 6, 1995].
Zoning. The confining of certain classes of buildings and uses to certain
localities, areas, districts or zones. It is the division of the municipality
into districts and the regulation of buildings and structures within the
districts so created in accordance with their construction, and nature
and extent of their use. It is a dedication of districts delimited to
particular uses designed to subserve the general welfare. [Pampanga
Bus Co. v. Mun. of Tarlac, GR L-15759. Dec. 30, 1961].

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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

-AAbandon. It means, in its ordinary sense, to forsake entirely; to forsake

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Agriculture and Fisheries Modernization Act of 1997. RA 8435

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law

Alvin Claridades Legal and Jurisprudential Lexicon for Law