LAWS TERMS

P R E P A R E D B Y: D A N I E L B E N S O N A P I L L A N E S P I O Q U I N T O

LITIS PENDENTIA
As a ground for the dismissal of a civil
action,
REFERS to a situation where two
actions are pending between the same
parties for the same cause of action,
so that one of them becomes
unnecessary and vexatious.

SOLUTIO INDEBITI

INDEBITATUS ASSUMPSIT

A CUERPO CIERTO

PRO FORMA

CONCEPTO DE DUEO OR ADVERSE

SENSU CONTRARIO

DOCTRINE OF LACHES
the legal doctrine that a legal right or
claim will not be enforced or allowed if
a long delay in asserting the right or
claim has prejudiced the adverse party
(hurt the opponent) as a sort of "legal
ambush."

DOCTRINE OF LACHES
Examples: a) knowing the correct property line, Oliver Owner fails
to bring a lawsuit to establish title to a portion of real estate until
Nat Neighbor has built a house which encroaches on the property in
which Owner has title;
b) Tommy Traveler learns that his father has died, but waits four
years to come forward until the entire estate has been distributed
on the belief that Tommy was dead;
c) Susan Smart has a legitimate claim against her old firm for
sexual harassment, but waits three years to come forward and file
a lawsuit, after the employee who caused the problem has died,
and the witnesses have all left the company and scattered around
the country. The defense of laches is often raised in the list of
"affirmative defenses" in answers filed by defendants, but is seldom
applied by the courts. Laches is not to be confused with the
"statute of limitations," which sets specific periods to file a lawsuit
for types of claims (negligence, breach of contract, fraud, etc.).

PER SE
(Latin, between the living) is a legal
term referring to a transfer or gift
made during one's lifetime, as opposed
to a testamentary transfer (a gift that
takes effect on death) under the
subject of trust.

INTER VIVOS
(Latin, between the living) is a legal
term referring to a transfer or gift
made during one's lifetime, as opposed
to a testamentary transfer (a gift that
takes effect on death) under the
subject of trust.

PARI DELICTO
pari delicto
adj. equal fault.
in pari delicto

adv. (in pah-ree dee-lick-toe) Latin for "in equal fault,"

which means that two (or more) people are all at fault or are all
guilty of a crime.
In contract law, if the fault is more or less equal then neither party
can claim breach of the contract by the other;
in an accident, neither can collect damages, unless the fault is more
on one than the other under the rule of "comparative negligence";
in defense of a criminal charge, one defendant will have a difficult
time blaming the other for inducing him or her into the criminal acts
if the proof is that both were involved.

IPSO FACTO
(ip-soh fact-toe)prep. Latin for "by the
fact itself." An expression more
popular with comedians imitating
lawyers than with lawyers themselves.
A simple example: "a blind person, ipso
facto, is not entitled to a driver's
license."

AB INITIO
prep. lawyer Latin for "from the start,"
as "it was legal ab initio."

SUBPOENAS DUCES TECUM

(suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm): a court
order requiring a witness to bring documents in the possession or
under the control of the witness to a certain place at a certain time.
This subpena must be served personally on the person subpenaed.
It is the common way to obtain potentially useful evidence, such as
documents and business records, in the possession of a third party.
A subpena duces tecum must specify the documents or types of
documents (e.g. "profit and loss statements of ABC Corporation for
years 1987 through 1995, all correspondence in regard to the
contract between ABC Corporation and Merritt") or it will be subject
to an objection that the request is "too broad and burdensome."
To obtain documents from the opposing party, a "Request for
Production of Documents" is more commonly used.
Failure to respond to a subpena duces tecum may subject the party
served with the subpena to punishment for contempt of court for
disobeying a court order.

JUS UTENDI
Right to Enjoy and receive what the
property produce (UTILIZE)

JUS FRUENDI
Right to receive fruits (FRUITS)

JUS ACCESSIONES
Right to the accessories
(ACCESSORIES)

JUS ABUTENDI
Right to consume a thing by use
(ABUSE The THING)

JUS DISPONENDI
Right to aleinate, encumber, transform,
or even destroy the thing owned.
(DISPOSED)

JUS VINDICANDI
Right to recover possession of property
based on a claim of ownership.
(Vindicate)

30 YEARS, 10 YEARS
Real property can be acquired by
prescription in ____ (bad faith) and
_____(good faith)

8 YEARS, 4 YEARS
Movable can be acquired by
prescription in ______(bad faith) and
____ (good faith)

OWNERSHIP
Independent right of exclusive
enjoyment and control of a thing.

RIGHTS INCLUDED IN OWNERSHIP

Right to enjoy and dispose a thing,
without other limitation than those
established by law.
Right of action the thing in order to
recover it.

ACTION FOR RECOVERY OF POSSESSION

OF REAL PROPERTY.
ACCION REIVINDICATORIA
ACCION PUBLICIANA
FORCIBLE ENTRY
AND UNLAWFUL DETAINER

ACTION FOR RECOVERY OF POSSESSION

OF MOVABLE PROPERTY.
REPLIVEN

REAL PROPERTY
Only ________ can be subject of real
mortgage.

PERSONAL PROPERTY
Only _ can be the subject chattel
mortgage.

DONATION
_of real property are required to be in
public but donation of a movable may
be made orally or in writing.

PROPERTY
All things which are, or may be, the
object of appropriation.

UTILITY
Capacity to satisfy human wants

PUBLIC DOMINIOM
Property of blank is outside the
commerce of man.
They cannot be subject matter of
private contracts, cannot be acquired
by prescription and they are not
subject to attachment and execution
nor burdened with voluntary easement.

PATRIMONIAL PROPERTY
Part of the public domain owned by the
state for economic purpose.
Ex.

Friar lands,
escheated properties
and commercial building.

PRIVATE OWNERSHIP
Can be exercised by the state in its
private capacity(patrimonial) or by
private person.

HIDDEN TREASURE
Any hidden and unknown deposit of
money jewels or other precious
objects, the lawful ownership of which
does not appear.

CAPITAL PROPERTY
Exclusive property of the husband.

PERSONAL PROPERTY
Robbery and theft can be committed
only against _.

ACCION REINVINDICATORIA
Recovery of ownership of real property
Including but not limited to possession.

ACCION PUBLICIANA, 1 YEAR, 10 YEARS

Recovery of better right to posses

JUGDEMENT as to who has a better right of

possession.
Also, action for ejectment not filed within _ year
must be filed as accion publiciana
PRESCRIPTION: _ YEARS

FORCIBLE ENTRY, 1 YEAR

Lawful possessor deprived through
FISTS

Force
Intimidation
Strategy
Threats
Sthealth

Prescription: _ year from disposition or

knowledge of disposition.

UNLAWFUL DETAINER, UNLAWFUL

Possessor refused to vacate upon the
demand by owner.

Legal possession becomes _ upon failure to vacate.

4 YEARS
Action for reconveyance of real
property based on fruad _.

10 YEARS
Action for reconveyance of real
property based on implied trust _

IMPRESCRIPTIBLE
Action for conveyance of real property
to quite title where plaintiff is in
possession _.

10 YEARS
Action for reconveyance of real
property to foreclose mortage:
prescribe after _ years from the
obligation secured by the mortage
becomes due and demandable.

POLICE POWER
Property taken with no compensation
for general welfare.
When any property is _ or _ by
competent authority in the interest of
health, safety or security.

TAXATION
Forced contribution to the operation of
government.

EMINENT DOMAIN
Property taken for public use/purpose,
but subject to due process and
payment of just compensation
(expropriation by the government)

LEGAL SERVITUDE
Once requisites are satisfied, the court
may be asked to declare the existence of
an easement/servitude.
Aqueduct
Planting tress
Light and view
Passage of water from upper to lower
tenements
Drainage of buildings
Lateral and subjacent support.

EASMENT
An encumbrance imposed upon an
immovable for benefit of another
immovable belonging to a different
owner.

DOMINANT ESTATE
The immovable in favor of which the
easement is established.

SERVIENT ESTATE
The immovable which is subject to the
easement.

NUISANCE, INJURES, ENDANGERS,

SENSES
Any act, omission, establishment,
business, condition of property, or
anything else which:

_____ or _____ endanger the health or safety of others.

Annoy or offends the ____

NUISANCE PER SE
An act, occupation or structure which
is a nuisance at all times under any
circumstances, regardless of location
or surroundings.

NUISANCE PER ACCIDENTS

Or in fact One that becomes a nuisance
by reason of circumtances and
surroundings.

PUBLIC NUISANCE
The doing of or failure to do something
that injuriously affects the safety,
health or morals of the public.

PRIVATE NUISANCE
One which violates only private rights
and produce damages to but one or a
few persons.

ACCECCION
The right by virtue of which the owner
of a thing becomes the owner of
everything which is produced thereby,
or which is incorporated or attached
thereto, either naturally or artificially.

ACCESSORIES
Things joined to or included with the
principal thing for the latters
embellishment, better use, or
completion.

ACCESSION DISCRETA
(fruits) the right pertaining to the
owner of a thing over everything
produced thereby. Right of ownership
to the fruits.

ACCESSION CONTINUA
The right pertaining to the owner of
the thing that is incorporated or
attached thereto either naturally or
artifially; by external forces

ALLUVIOM, RIPARIAN OWNER

Soil is gradually deposited on banks
adjoining the river.
Land automatically owned by the new
_______

AVULSION, 2 YEARS
A portion of land is segregated from
one estate by the forceful current of
the river, creek or torrent and
transferred to another.
The ownership of the detached
property is retained by the owner
subject to removal within ____ years
from the detachment.

POSSESSION
The holding of a thing or the enjoyment
of a right whether by material
occupation or by the fact that the thing
or the thing or the right is subjected to
action of our will.

JUS POSSESSIONIS
Right of possession
Independent right

JUS POSSIDENDI
Right to posses
Incident to ownership

CO-OWNERSHIP
Form of ownership when the ownership
individual thing or right belongs to
different persons.

USUFRUCT
Gives right to 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.
Right to use (USU) and fruits (FRUCT)
only

MODES OF ACQUIRING OWNERSHIP

(OLDTIPS)
Occupation
Law
Donation
Tradition
Intellectual Property
Prescription
Succession

DONATION
Is an act of liberality whereby a person
dispose gratuitously of a thing or right
in favor of another, who accepts it.

DONATION INTER VIVOS

Donation which shall take effect during
the lifetime of donor, though the
property shall not be delivered till after
the donors death.

DONATION BY REASON OF MARRIAGE/

DONATION PROPTER NUPTIAS
Must be made BEFORE the celebration
of marriage made in CONSIDERATION
of the marriage and in FAVOR of ONE
or BOTH of the future Spouses.

DONATION MORTIS CAUSA

Becomes effective upon the death of
donor.

PRESCRIPTION
One acquires ownership and other real
rights through the lapse of time in the
manner and under the conditions laid
down by law.

TRADITION
It is a derivative mode of acquiring of
ownership and other real rights by
virtue of which they are transmitted to
the grantee through a just title. The
delivery of a thing constitutes a
necessary and indispensable requisite
for the purpose of acquiring the
ownership.

REAL TRADITION
Physical delivery

CONSTRUCTIVE TRADITION
When the delivery of the thing is not
real or material but consist merely in
certain facts indicative of the same.

SYMBOLICAL TRADITION
Done through the delivery of signs or
things which represent that which is
being transmitted.

TRADITION BY PUBLIC INTRUMENT

Consist in the substitution of real
delivery of possession by a public
writing with the delivery of a document
which evidence the transaction.

OBLIGATION
Is a juridical necessity to give, to do or
not to do.

ACTIVE SUBJECT
Who has the power to demand the
prestation, known as the creditor or
obligee

PASSIVE SUBJECT
Who is to bound to perform the
prestation, known as debtor or obligor.

OBJECT
Or the prestation which may consist in
the act of giving, doing or not doing
something.

VINCULUM JURIS
Or the juridicial tie/necessity between
the two subjects by reason of which
the debtor is bound in favor of the
creditor to perform the prestation.
It is the legal tie which constitutes the
source of obligation the coercive force
which makes the obligation
demandable.

JURIDICAL NECESSITY
It means the rights and duties arising
from obligation are legally demandable
and the courts of justice may be called
upon through proper action to order the
performance.

ACTION
Means an ordinary suit in court of
justice by which one party prosecutes
another for the enforceable or
protection for right or a prevention or
redress of a wrong.

ACCESSION
Is the right pertaining to the owner of a
thing over its products and whatever is
attached thereto either naturally or
artificially.

ACCRETION
Which refers to the gradual and
addition of sediment to the shore by
action of water.

ACCESSORIES
Are those things which are joined
attached to the principal object as
ornament or to render it perfect

NATURAL FRUITS
The spontaneous products of the soil,
and the young and other products of
animals

INDUSTRIAL FRUITS
Those produced by lands of any kind
through cultivation or labor

CIVIL FRUITS
Those derived by virtue of a juridical
relation.

SUBSTANTIAL BREACH
Total breach, non-performance that
leads to rescission of contacts

SLIGHT OR CASUAL BREACH

Obligaion is partially performed and
gives to rise to liability for damages
only.

DEFAULT OR DELAY (MORA)

Failure to perform an obligation on
time which constitute breach of the
obligation

MORA SOLVENDI
Delay on the part of the debtor to fulfill
his obligation either to give or to do

MORA ACCIPIENDI
Delay on the part of the creditor to
ACCEPT the performance of the
obligation

COMPENSATIO MORAE
Delay of both parties in reciprocal
obligation.

FRUAD (DOLO) IN THE PERFORMANCE

OF OBLIGATION
Deliberate or intentional evasion of the
normal fulfillment of an obligation

NEGLIGENCE (CULPA) IN THE

PERFORMANCE OF AN OBLIGATION
Omission of that diligence which is
required by the nature of obligation
and corresponds with the
circumstances of the person, of time
and of place.

CULPA CONTRACTUAL
Negligence is merely incidental in the
performance of an obligation.

CULPA AQUILLIANA
Negligence is substantive and
independent

FORTUITOUS
Violation of the terms and conditions
stipulated in the obligation which must
not be due to a _______event/force
majeure.

ACT OF GOD
Due to or exclusively to natural causes
without human intervention

ACT OF MAN
Essentially includes unavoidable
accidents but not fault or negligence
on part of the debtor.

TORREN SYSTEM
A system for registration of land under
which, upon landowners application,
the court may, after appropriate
proceedings, direct the issuance of a
certificate of title

LAND TITLE
Evidence of the right of the owner or
the extent of his interest, and by which
means he can maintain control, and as
rule assert right to exclusive
possession and enjoyment of property

DEED
An instrument in writing which any real
estate or interest therein is created,
alienated, mortgaged or assigned or by
which title to any real estate may be
affected in law or equality.

FEE SIMPLE
Absolute title; absolute estate in
perpetuity. Land is conferred upon a
man and his heirs absolutely and
without any limitation imposed upon
the state.

REGISTRATION
Process whereby the state provide a
public record of the title itself upon
which a prospective purchaser or
someone interested may rely. It is a
means to guarantee the title.

RECORDING
It is the process whereby Register of
Deeds writes information in his
Registry Book.

TITLE BY PUBIC GRANT

Conveyance of public land by
government to a private individual

TITLE BY ACQUISITIVE PRESCRIPTION

Open, continuous, exclusive, notorious
possession of a property (10 years in
good faith or 30 years in bad faith)

TITLE BY ACCRETION
Alluvion being the riparian owner

TITLE BY RECLAMATION
Filling of submerged land by deliberate
act and reclaiming title thereto;
Government

TITLE VOLUNTARY TRANSFER

Private grant; voluntary execution of
deed of conveyance.

TITLE BY DESCENT OR DEVISE

Hereditary succession to the estate of
deceased owner.

TITLE BY EMANCIPATION PATENT OR

GRANT
For purpose of ameliorating sad plight
of tenant farmers; not transferable
except by hereditary.

REGIONAL TRIAL COURT

Land registration proceedings and all
petition after original registration of
titles are filed with the _ of the
province or city where the land or
portion or it lies.

PUBLIC DOMINIUM
Things or Properties That Cannot Be
Acquired by Prescription

JUST TITLE
Is titulo colorado, that
is, there was a mode of acquisition but
the grantor was not the owner. Had he
been the owner, there would be no
more necessity for prescription.

ONE YEAR OR LESS

possession de facto is lost if the
property be in the possession of
another for more than one year. Hence,
if the possession of another has been
for ____, it is as if there was no
interruption

ADDED
If prescription is merely suspended,
the old possession will be ___. This may
happen when during war, the civil
courts are NOT open (Arts. 1136, Civil
Code); or when there is a moratorium
on the payment of debts.

OLD LAWS
If the period for prescription BEGAN
and ENDED under the OLD laws, said
____ govern.

THE NEW CIVIL CODE

If the period for prescription BEGAN
under the NEW Civil Code, ___ governs

OLD LAW
If the period began under the OLD law,
and continues under the NEW Civil
Code, the ___ applies.

THE JUS DISPONENDI

Renouncer must have capacity to
alienate property (because
renunciation is an exercise to _____).

NO PRESCRIPTION
_____ shall run between them during the
MINORITY or INSANITY of the latter.
A sensu contrario prescription runs if
the legal disability does not exist
anymore.

YES, BUT ONLY BY EXTRAORDINARY PRESCRIPTION (NOT ORDINARY

PRESCRIPTION) SINCE HE WOULD BE LACKING THE ELEMENT OF JUST
TITLE

A husband cannot validly receive a

donation from a paramour. Now then,
can he acquire by prescription the
property donated to him by the
paramour?

ESTOPPEL
a bar or impediment (obstruction) which precludes
a person from asserting a fact or a right or prevents
one from denying a fact. Such a hindrance is due to
a person's actions, conduct, statements,
admissions, failure to act or judgment against the
person in an identical legal case.
Estoppel includes being barred by false
representation or concealment (equitable estoppel),
failure to take legal action until the other party is
prejudiced by the delay (estoppel by laches), and a
court ruling against the party on the same matter in
a different case (collateral estoppel).

EQUITABLE ESTOPPEL
n. where a court will not grant a judgment or other
legal relief to a party who has not acted fairly; for
example, by having made false representations or
concealing material facts from the other party.
This illustrates the legal maxim: "he who seeks
equity, must do equity."

Example: Larry Landlord rents space to Dora Dressmaker in his

shopping center but falsely tells her a Sears store will be a tenant
and will draw customers to the project.
He does not tell her a new freeway is going to divert traffic from the
center.
When she fails to pay her rent due to lack of business, Landlord sues
her for breach of lease.
Dressmaker may claim he is equitably estopped.

COLLATERAL ESTOPPEL
n. the situation in which a judgment in
one case prevents (estops) a party to
that suit from trying to litigate the
issue in another legal action. In effect,
once decided, the parties are
permanently bound by that ruling.

RESULTING TRUST
When a Person Declares His Intent to
Hold Property for Someone Else

INTER VIVOS
(in-tur veye-vohs) adj. Latin for "among the
living," usually referring to the transfer of
property by agreement between living
persons and not by a gift through a will. It
can also refer to a trust (inter vivos trust)
which commences during the lifetime of
the person (trustor or settlor) creating the
trust as distinguished from a trust created
by a will (testamentary trust), which
comes into existence upon the death of
the writer of the will.

MORTIS CAUSA
A gift made by a person in sickness, who, apprehending his
dissolution near, delivers, or causes to be delivered, to another the
possession of any personal goods, to keep as his own incase of
the donors decease. 2 Bl. Comm. 514. The civil law defines it to
be a gift under apprehension of death; as when anything is given
upon condition that, if the donor dies, the donee shall possess it
absolutely. or return it if the donor should survive or should repent
of having made the gift, or if the donee should die before the
donor.Adams v. Nicholas. 1 Miles (Pa.) 109-117. A gift in view of
death is one which is made in contemplation, fear, or peril of
death, and with intent that it shall take effect only in case of the
death of the giver. Civ. Code Cal. $ 1149. A donation mortis causa
(in prospect of death) is an act to take effect when the donor shall
no longer exist, by which he disposes of the whole or a part of his
property, and which is irrevocable. Civ. Code La. art. 1469.

RES ALICUJUS
objects already owned or possessed
by men.

RES ADJUDICATA
n. a thing (legal matter) already
determined by a court, from Latin for
"the thing has been judged." More
properly res judicata.

RES NULLIUS
that which has no owner because it
has not yet been appropriated (e.g.
hidden treasure, wild animals, fish in
the ocean), or because it has been lost
or abandoned by the owner. It
constitutes property as long as it is
susceptible of being possessed for the
use of man.

RES COMMUNES
common things which are not capable
of appropriation in their entirety (e.g.
air, lightning) although they may be
appropriated under certain conditions
in a limited way (e.g. oxygen,
electricity). In case of the latter, they
become property

REX VINTA:
Everything attached to an immovable
in a fixed manner in such a way that it
cannot be separated therefrom without
breaking the material or deterioration
of the object.

RES VINTAS

EXPRESS TRUST
created by the parties, or by the
intention of the trustor

IMPLIED TRUST
created by operation of law (trust by
operation of law

RESULTING TRUST
(also called bare or passive trust)
Here, there is an intent to create a trust
but it is not effective as an express trust.
[Example: Art. 1451, where a person who
inherits property registers the same in
anothers name, whom he does not intend
to have any beneficial interest therein for
he wants this for himself.

BENEFICIARY OR CESTUI QUE TRUST

the person for whose benefit the trust
has been created.

CONSTRUCTIVE TRUST
Here, no intention to create a trust is
present, but a trust is nevertheless
created by law to prevent unjust
enrichment or oppression.
[Example: If a person acquires
property by mistake, he is considered
by the law as a trustee while he holds
the same.

STIPULATION POUR AUTRUI

A trust may exist because of a legal
provision or because of an agreement;
a _____can arise only in the case of
contracts.

TRUSTEE
The word ___as used in the corporation
statute must be understood in the
general concept, and may include the
attorney prosecuting the case fi led by
the Corporation

TRUST
It is the right to the beneficial
enjoyment of property, the legal title to
which is vested in another
It is a fiduciary relationship concerning
property which obliges the person
holding it to deal with the property for
the benefit of another.

RES IPSA LOQUITUR

latin for "the thing speaks for itself," a doctrine of law that one
is presumed to be negligent if he/she/it had exclusive control of
whatever caused the injury even though there is no specific
evidence of an act of negligence, and without negligence the
accident would not have happened. Examples: a) a load of
bricks on the roof of a building being constructed by Highrise
Construction Co. falls and injures Paul Pedestrian below, and
Highrise is liable for Pedestrian's injury even though no one
saw the load fall. b) While under anesthetic, Isabel Patient's
nerve in her arm is damaged although it was not part of the
surgical procedure, and she is unaware of which of a dozen
medical people in the room caused the damage. Under res ipsa
loquitur all those connected with the operation are liable for
negligence. Lawyers often shorten the doctrine to "res ips,"
and find it a handy shorthand for a complex doctrine.