1http://www.geocities.com/albinoski
- A Abandon. 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. 3844].
[Sec.
166,
RA
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
employeremployee 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)]. 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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2(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 seven years of age, shall fail to deliver
said child to the authorities or to
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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3his 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 L19565. 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 .
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.
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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4Aberratio 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, 20012006]. 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 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.
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
5Crim. 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]. 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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6Absent 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 MTJ96-1088.
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. [Claridades, A., Compilation of Notes, 20012006].
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. 123124].
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
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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
7Absolute 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.
[Tiopianco, Commentaries & Jurisp. on the Ins. Code of the
Phil., 1999 Ed., p. 207]. Abus de droit. Fr. Abuse of right.
[Claridades, A., Compilation 2006]. of Notes, 2001-
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]. 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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8protection; (c) or was used bad faith; (d) or was contrary
basic rules of morality fairness. [Tetley, Glossary Conflict of
Laws, 2004]. in to or of 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 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].
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 8630506, Jan. 20, 1995,
240 SCRA 314; People v. Patamama, GR 107938, Dec. 4, 1995, 250 SCRA
603].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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9Academic 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. Summary judgment . See 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. 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
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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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10subsequent 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]. 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. [Claridades,
A., Compilation of Notes, 20012006]. 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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11Accession 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, 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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12Accidental. 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.
Casualty insurance. See 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
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]. Accin
interdictal. See Accion publiciana. Accin pauliana. Also Rescissory
action. [Arts. 1177 and 1381, CC]. Accin publiciana. Also Accin
interdictal. 1. The plenary
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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13name 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. [Morenos Law
Dict., 2000 Ed., p. 7]. 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. [Morenos Law Dict., 2000 Ed.,
p. 7]. Accommodation note. Nego. Inst. A note to which the
accommodating party has put his name without consideration for the
purpose of 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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14Accomplice. 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, 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
15dual 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]. 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 coheirs, co-devisees, or colegatees. [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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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16Accused. 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. [Claridades, A., Compilation of
Notes, 2001-2006]. Acknowledgment. A formal declaration before an
authorized official by the person who executed an instrument that
it is his free act and deed; 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]. event which may have allowed him
to have legal recourse against another, implying that he waived his
rights to that legal recourse. [Claridades, A., Compilation of
Notes, 20012006]. 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].
A contrario sensu. Lat. From the contrary sense. [Claridades,
A., Compilation of Notes, 20012006]. 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
17Acquired 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].
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,
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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18as in an act of Congress. Synonymous to Statute, Legislation
or Law. [Duhaime's Legal Dict., 2004]. Acta jure gestionis. Lat.
Acts by right of management. [Claridades, A., Compilation of Notes,
2001-2006]. Acta jure imperii. Lat. Acts by right of dominion.
[Claridades, A., Compilation of Notes, 20012006]. 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]. Action quasi in rem. Rem. Law.
An action which while not strictly speaking an action in rem
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
19partakes 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].
Active ingredient. The chemical component responsible for the
claimed therapeutic effect of the pharmaceutical product. [Sec. 3,
RA 6675]. Active under mining actual area. Areas exploration,
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
20development, 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 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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21applicable 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]. 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
22Acts 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 subcommittees, 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 (1991)].
SCRA 516, 522
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 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
23required 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]. 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
24Additional 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]. 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-ofsale, 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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25Ad 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 L65439. 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 (ProSe), 2004]. See also Remedial law. 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.)].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
26Adjudication 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]. 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].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
27Administrative power. See power. adjudicatory Quasi-judicial
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, 20012006]. Administrative functions. 1. The executive
machinery of government and the performance by that machinery of
governmental acts. It refers to the management actions,
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 (ProSe), 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) 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
28determinations, 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 88-7-1861RTC. 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 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-today 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
29directly 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. 32]. 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]. Administratrix. Lat.
Female administrator. [Claridades, A., Compilation of Notes,
20012006]. 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 coconspirator
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.
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
30Surigawan, 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].
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 L44060. 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.
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
31Adoption. 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 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
32if 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 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 L32181, 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 (ProSe), 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
33calling 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]. 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,
selflaudatory 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
34lawyer'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 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. [Morenos Law
Dict., 2000 Ed., p. 17].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
35Aequitas sequitur legem. Lat. Equity follows the law. [Morenos
Law Dict., 2000 Ed., p. 17]. 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 (ProSe), 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].
Affinity. The connection existing in consequence of a marriage,
between each of the married
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
36persons 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 (ProSe), 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. 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
37Developers 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., Compilation of Notes,
2001-2006]. 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]. 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
38department, bureau, office, instrumentality, or
governmentowned 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 Representative . also
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]. 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
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
39punishment. [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 purchasin