WORDS AND PHRASES

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1. An Information only needs to state the ultimate facts constituting the offense; the evidentiary
and other details (i.e., the facts supporting the ultimate facts) can be provided during the trial.
Enrile vs. People, p. 3
2. Evidentiary facts are the facts necessary to establish the ultimate facts; they are the premises
that lead to the ultimate facts as conclusion. Enrile vs. People, p. 4
3. Forum shopping is the act of a litigant who repetitively availed of several judicial remedies in
different courts, simultaneously or successively, all substantially founded on the same
transactions and the same essential facts and circumstances, and all raising substantially the
same issues, either pending in or already resolved adversely by some other court, to increase his
chances of obtaining a favorable decision if not in one (1) court, then in another. Agrarian
Reform Beneficiaries Association (ARBA) vs. Fil-Estate Properties, Inc., p. 319
4. Corpus delicti is the body, foundation or substance of a crime. It refers to the fact of the
commission of the crime, not to the physical body of the deceased. People vs. Peñaflor, p. 427
5. A writ of possession is an order by which the sheriff is commanded to place a person in
possession of a real or personal property. AQA Global Construction, Inc. vs. Planters
Development Bank, p. 463
6. Misconduct has been defined as a transgression of some established and definite rule of action,
more particularly, unlawful behavior or gross negligence by a public officer. Office of the Court
Administrator vs. Abarintos, p. 495
7. Simple neglect of duty is the failure to give attention to a task, or the disregard of a duty due to
carelessness or indifference. Pamintuan vs. Camuyog, Jr., p. 514
8. Dishonesty is defined as intentionally making a false statement on any material fact. Pamintuan
vs. Camuyog, Jr., p. 515
9. Article 19, paragraph 2 of the Revised Penal Code (RPC) defines accessories as those who, with
knowledge of the commission of the crime and without having participated therein, either as
principals or accomplices, take part subsequent to its commission by concealing or destroying
the body of the crime, its effects or instruments, in order to prevent its discovery. Padiernos vs.
People, p. 615
10. Summons is a writ by which the defendant is notified of the action brought against him or her.
Its purpose is two (2)-fold: to acquire jurisdiction over the person of the defendant and to notify
the defendant that an action has been commenced so that he may be given an opportunity to be
heard on the claim against him. Nation Petroleum Gas, Incorporated vs. Rizal Commercial
Banking Corporation p.653

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1. Tenants have been defined as: persons who in themselves and with the aid available from within
their immediate farm households cultivate 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 money or both under the leasehold tenancy system. Ligtas vs. People, p. 4
2. Fiscal autonomy has been defined as freedom from outside control. It guarantees full flexibility
in the utilization of funds and resources.The Constitution grants fiscal autonomy to the judiciary
to ensure its independence. Re: Request of Retired Supreme Court and Court of Appeals
Justices for Increase/Adjustment of their December 1998 Pensions, p. 110
3. Article 219 (previously Article 212) of the Labor Code defines a labor dispute as any
 controversy or matter concerning terms and 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 the disputants stand in the proximate
relation of employer and employee. Rosales vs. New A.N.J.H. Enterprises, p. 150
4. View that as a concept, grave abuse of discretion generally refers to capricious or whimsical
exercise of judgment as is equivalent to lack of jurisdiction; the abuse of discretion must be
patent and gross as to amount to an evasion of a positive duty or 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 and hostility. Arnado vs. Commission on
Elections, p. 181
5. View that according to Republic Act (RA) No. 8239, a passport is a document issued by the
Philippine government to its citizens and requesting other governments to allow its citizens to
pass safely and freely, and in case of need to give him her all lawful aid and protection. Arnado
vs. Commission on Elections, p. 185
6. Res judicata refers to 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 all points and matters determined in the former suit. Lasala vs. National Food Authority, p.
431
7. A compulsory counterclaim is any claim for money or other relief that a defending party may
have against an opposing party, which at the time of suit arises out of, or is necessarily
connected with, the same transaction or occurrence that is the subject matter of the plaintiff s
complaint. Lasala vs. National Food Authority, p. 433
8. Forum non conveniens literally translates to the forum is inconvenient. This doctrine applies in
conflicts of law cases. It gives courts the choice of not assuming jurisdiction when it appears
that it is not the most convenient forum and the parties may seek redress in another one. It is a
device designed to frustrate illicit means for securing advantages and vexing litigants that
would otherwise be possible if the venue of litigation (or dispute resolution) were left entirely to
the whim of either party. Philippine National Construction Commission vs. Asiavest Merchant
Bankers (M) Berhad, p.459
9. Excusable negligence means negligence that ordinary diligence and prudence could not have
guarded against. Philippine National Construction Commission vs. Asiavest Merchant Bankers
(M) Berhad, p.461
10. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid
litigation or put an end to one already commenced. Republic vs. Legal Heirs of Jose L. Africa,
p. 640
11. The 2000 Philippine Overseas Employment Administration-Standard Employment Contract
(POEA-SEC) defines work-related injury as injury(ies) resulting in disability or death arising
out of and in the course of employment and work-related illness as any sickness resulting to
disability or death as a result of an occupational disease listed under Section 32-A of this
contract with the conditions set therein satisfied. Bautista vs. Elburg Shipmanagement
Philippines, Inc. p. 657-658