Compilation of Legal Terms

8/11/2019 Compilation of Legal Terms

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Legal Research (Legal Dictionary)

By: Glaiza T. Dimapilis Page2

A.

1. Annulment OfJudgment

Is a remedy in law independent of the case where the judgment sought to be

annulled is promulgated. It can be filed by one who was not a party to the case in

which the assailed judgment was rendered. Here, rhea may avail of the remedy of

annulment of judgment under rule 47. The ordinary remedies of new trial, appeal

and petition for relief were not available to her for the simple reason that she was

not made a party to the suit against allied (Villanueva V. Nite, G.R. No. 148211,

July 25, 2006).2. Appellants /

Appellees BriefPresented to the court in a concise form the points and question in controversy,

and by fair argument on the facts and law of the case, to assist the court in arriving

at a just and proper conclusion/ decision (De Liano V. Ca (2006)).

3. AccionReinvidicatoria

If the order of closure has already become final and executory, (Vda. De Lopez V.

Lopez, G.R. No. L-28602, Sept. 29, 1970)

4. AdherencePrinciple

It provides that once jurisdiction is vested in the court, it is retained up to the end

of litigation (Dela Cruz V. Moya, G.R. No. 65192, Apr. 27, 1988).

5. Amendment InSubstance

There is an amendment in substance where it covers matters involving the recital

of facts constituting the offense charged and determinative of the jurisdiction of

the court. (Almeda V. Villaluz, Gr No. L- 31665, August 6, 1975)6. Absorption

PrincipleActs committed in furtherance of rebellion though crimes in themselves are

deemed absorbed in the single crime of rebellion. The test is whether or not the act

was done in furtherance of a political end. The political motive of the act should be

conclusively demonstrated (Enrile V. Salazar Gr No 92163, June 5, 1990)7. Attractive Nuisance One who maintains on his estate or premises an attractive nuisance without

exercising due case to prevent children from playing therewith or resorting

thereto, is liable to a child of tender years who is injured thereby, even if the child

is technically a trespasser in the premises. (Jarco Marketing Corp. V. Ca, 117 Scad

818, 321 Scra)

8. Ad InterimAppointment

Ad interim appointment is a permanent appointment. It is permanent because it

takes effect immediately and can no longer be withdrawn by the president once

the appointee qualified into office. The fact that it is subject to confirmation by theca does not alter its permanent character. (Matibag V. Benipayo, G.R. No. 130657,

Apr. 1, 2002).

9. AutoLimitationPrinciple

Under the principle of autolimitation, any state may by its consent, express orimplied, submit to a restriction of its sovereign rights. There may thus be a

curtailment of what otherwise is a plenary power. (Reagan V. Cir, G.R.No.L26379, Dec. 27, 1969)

10. Arraignment It is the gradual deposit of sediment by natural action of a current of fresh water(not sea water), the original identity of the deposit being lost. Where is by sea

water, it belongs to the state. (Government Of Philippine Islands V. Cabangis,

G.R. No. L28379, Mar. 27, 1929)


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B.

1. Burden Of Proof Lies with "the party who alleges the existence of a fact or thing necessary in theprosecution or defense of an action." (Garcia V. Recio, G.R. No. 138322, Oct. 2, 2001)

2. BenevolentNeutrality

Under this theory the wall of separation is meant to protect the church from thestate. It believes that with respect to governmental actions, accommodation of

religion may be allowed, not to promote the governments favored form of religion,but to allow individuals and groups to exercise their religion without hindrance.

(Estrada V. Escritor, A.M. No. P021651, June 22, 2006)3. Balancing Of

Equities PrincipleIn decreeing specific performance, equity requires not only that the contract be just

and equitable in its provisions, but that the consequences of specific performance, is

likewise be just and equitable. The general rule is that this equitable relief will not be

granted if, under the circumstances of the case, the result of the specific performance

of the contract would be harsh, inequitable, and oppressive or result in an

unconscionable advantage to the plaintiff (Agcaoili V. Gsis, G.R. No. 30056, Aug. 30,

1988).

4. Battered Woman In order to be classified as a battered woman, the couple must go through thebattering cycle at least twice. Any woman may find herself in an abusive relationship

with a man once. If it occurs a second time, and she remains in the situation, she is

defined as a battered woman. (People V. Genosa, G.R. No. 135981, Jan. 15, 2004)

5.

Barratry Clause Clause Which Provides That There Can Be No Recovery On The Policy In Case Of AnyWillful Misconduct On The Part Of The Master Or Crew In Pursuance Of Some

Unlawful Or Fraudulent Purpose Without The Consent Of The Owner And To The

Prejudice Of Owners Interest. It Requires An Intentional And Willful Act In ItsCommission. No Honest Error Or Judgment Or Mere Negligence, Unless Criminally

Gross, Can Be Barratry. (Roque V. Iac, G.R. No. L 66935, Nov. 11, 1985)

6. BoundarySystem(Transpo Law)

Under this system the driver is engaged to drive the owner/operatorsunit and pays

the latter a fee commonly called boundary for the use of the unit. Whatever he earned

in excess of that amount is his income. (Paguio Transport Corp. V. Nlrc, G.R. No.

119500, Aug. 28, 1998)

7. BlueSkyBargaining

(Labor Law)

It is defined as making exaggerated or unreasonable proposals. Whether or not the

union is engaged in bluesky bargaining is determined by the evidence presented by

the union as to its economic demands. Thus, if the union requires exaggerated orunreasonable economic demands, then it is guilty of ulp. (Standard Chartered Bank

V. Confessor, G.R. No. 114974, June 16, 2004)

8. Bar by dismissal Bars the prosecution of a second action upon the same claim, demand or cause ofaction. (Moraga Vs. Spouses Somo, GR 166781, Sept. 5, 2006).

9. Bail (Rule 114)Bail is the security required by the court and given by the accused to ensure that the

accused appear before the proper court at the scheduled time and place to answer

the charges brought against him. It is awarded to the accused to honor the

presumption of innocence until his guilt is proven beyond reasonable doubt, and to

enable him to prepare his defense without being subject to punishment prior to

conviction (Cortes Vs. Catral, 279 SCRA 1.)

10.

Bar By A FormerJudgment

Res judicata comprehends two distinct concepts: (a) bar by a former judgment, and(b) conclusiveness of judgment (Heirs of Wenceslao Tabia vs.CA, GR 129377 &

129399, Feb. 22, 2007). The first concept bars the prosecution of a second action

upon the same claim, demand or cause of action. (Moraga vs. Spouses Somo, GR166781, Sept. 5, 2006).


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C.

1. Cause of Action It is the delict or wrong by which the defendant violates the right or rights of theplaintiff (Ma-Ao Sugar Central V. Barrios, 76 Phil. 666).

2. Counterclaim It is any claim which a defending party may have against an opposing party (sec.6, rule 6). It partakes of a complaint by the defendant against the plaintiff (Pro-

Line Sports Inc., V. Ca, G.R. No. 118192, Oct. 23, 1997)

3. Contempt It is a defiance of the authority, justice or dignity of the court; such conduct astends to bring the authority and administration of the law into disrespect or tointerfere with, or prejudice litigant or their witnesses during litigation (Halili V.

Cir, G.R. No. L-24864, Nov. 19, 1985)

4. Contingent Claim It is a conditional claim, which is subject to the happening of a future uncertainevent. (Buan V. Laya, G.R. No. L-7840, Dec. 24, 1957)

5. CertiorariCertiorari is a remedy for the correction of errors of jurisdiction, not errors of

judgment. It is an original and independent action that was not part of the trial

that had resulted in the rendition of the judgment or order complained of. More

importantly, sine the issue is jurisdiction, an original action for certiorari may be

directed against an interlocutory order of the lower court prior to an appeal from

the judgment (New Frontier Sugar Corp. Vs. RTC Of Iloilo, GR 165001, Jan. 31,2007).

6. Clear And PresentDanger Test

The danger created must not only be clear and present but also traceable to the

ideas expressed. (Gonzales V. Comelec, G.R. No. L27833, April 18, 1969)

7. Collateral attackof judgments

A collateral attack is made when, in another action to obtain a different relief, an

attack on the judgment is made as an incident in said action. This is proper only

when the judgment, on its face, is null and void, as where it is patent that the court

which rendered said judgment has no jurisdiction (Co Vs. CA, 196 SCRA 705).8. Charter Party

ContractA contract whereby the whole or part of the ship is let by the owner to a merchant

or other person for a specified time or use for the conveyance of goods, in

consideration of the payment of freight. (Caltex V. Sulpicio Lines, G.R. No.

131166, Sept. 30, 1999)

9. Committed In

Relation To HisOffice

An offense is deemed committed in relation to public office when the office is a

constituent element of the offense. The test is whether the offense cannot existwithout the office (Crisostomo V. Sandiganbayan, G.R. No. 152398, Apr. 14,

2005).10.Counselor-At-

LawThat 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, 120 phil. 729).


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D.

1. Doctrine OfConstitutionalSupremacy

Under this doctrine, if a law or contract violates any norm of the constitution,

that law or contract, whether promulgated by the legislative or by the executive

branch or entered into by private persons for private purposes, is null and void

and without any force and effect. Thus, since the constitution is the fundamental,

paramount and supreme law of the nation, it is deemed written in every statute

and contract. (Manila Prince Hotel V. Gsis, G.R. No. 122156, Feb. 3, 1997)

2.

Doctrine Of StateImmunity

It reflects nothing less than recognition of the sovereign character of the state andan express affirmation of the unwritten rule effectively insulating it from the

jurisdiction of courts. It is based on the very essence of sovereignty. (Department

Of Agriculture V. Nlrc, G.R. No. 104269, November 11, 1993)

3. Doctrine OfAutoLimitation

It is the doctrine where the philippines adhere to principles of international law

as a limitation to the exercise of its sovereignty. The fact that the international law

has been made part of the law of the land does not by any means imply the

primacy of international law over national law in the municipal sphere. (Philip

Morris, Inc. V. Ca, G.R. No. 91332, July 16, 1993)

4. Doctrine OfIncorporation

It means that the rules of international law form part of the law of the land and no

legislative action is required to make them applicable in a country. By this

doctrine, the philippines is bound by generally accepted principles of

international law, which are considered to be automatically part of our own laws.(Taada V. Angara, G.R. No. 118295, May 2, 1997)

5. DisorderlyBehavior

The interpretation of the phrase disorderly behavior is the prerogative of the

house concerned and cannot be judicially reviewed (Osmea V. Pendatun, G.R.No. L17144, Oct. 28, 1960).

6. Doctrine ofAncillaryJurisdiction

In an original action before the RTC, the counterclaim may be considered

compulsory regardless of the amount (Sec. 7, Rule 6 ).

If a counterclaim is filed in the MTC in excess of its jurisdictional amount, the

excess is considered waived (Agustin Vs. Bacalan). In Calo vs. Ajax Intl, theremedy where a counterclaim is beyond the jurisdiction of the MTC is to set off

the claims and file a separate action to collect the balance.

7.

Double Jeopardy When A Person Was Charged With An Offense And The Case Was Terminated ByAcquittal Or Conviction Or In Any Other Manner Without His Consent, He CannotAgain Be Charged With The Same Or Identical Offense. (Melo V. People, G.R. No.L3580, Mar. 22, 1950)

8. Doctrine OfNecessaryImplication

All powers necessary for the effective exercise of the express powers are deemed

impliedly granted. (Pimentel V. Comelec, G.R. No. L53581, Dec. 19, 1980)

9. Doctrine OfPresumedRevocation

Where a will which cannot be found, is shown to have been in the possession of

the testator when last seen, the presumption is, in the absence of other competent

evidence, that the same was cancelled or destroyed. The same presumption arises

where it is shown that the testator had ready access to the will and it cannot be

found after his death. (Gabo V. Mamuyac G.R. No. 26317, Jan. 29, 1927)

10. Doctrine OfDependent RelativeRevocation

Where the testators act of destruction isconnected with the making of anotherwill, so as fairly to raise the inference that the testator meant the revocation of the

old to depend upon the efficacy of the new disposition intended to be substituted,

the revocation will be conditional and dependent upon the efficacy of the new

disposition; and if, for any reason, the new will intended to be made as a

substitute is inoperative, the revocation fails and the original will remains in full

force. (Molo V. Molo, G.R. No. L2538, Sept. 21, 1951)


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E.

1. Extrinsic FraudOr Collateral

Fraud

Fraud is regarded as extrinsic where it prevents a party from having a trial or from

preventing a party from having a trial or from presenting his entire case to the court, or

where it operates upon matters pertaining not to the judgment itself but to the manner in

which it is procured (Alaban V. Ca, Gr No. 156021, September 23, 2005).

2.

Ex ParteMotions

An ex parte motion is one which does not require that the parties be heard, and which the

court may act upon without prejudicing the rights of the other party. This kind of motion isnot covered by the hearing requirement of the Rules (Sec. 2). An example of an ex parte

motion is that one filed by the plaintiff pursuant to Sec. 1, Rule 18, in which he moves

promptly that the case be set for pre-trial. A motion for extension of time is an ex parte

motion made to the court in behalf of one or the other of the parties to the action, in the

absence and usually without the knowledge of the other party or parties. Ex parte motions

are frequently permissible in procedural matters, and also in situations and under

circumstances of emergency; and an exception to the rule requiring notice is sometimes

made where notice or the resulting delay might tend to defeat the objective of the motion

(Sarmiento Vs. Zaratan, GR 167471, Feb. 5, 2007).3. Expropriation Expropriation proceedings have two stages. The first phase ends with an order of

dismissal, or a determination that the property is to be acquired for a public purpose. The

second phase consists of the determination of just compensation. Both orders, being final,

are appealable. (City Of Iloilo V. Hon. Lolita Contreras-Besana, G.R. No. 168967, Feb. 12,2010).

4. Equity OfRedemption

Right of the defendant mortgagor to extinguish the mortgage and retain ownership of the

property by paying the debt within 90-120 days after the entry of judgment or even after the

foreclosure sale but prior to confirmation (Government Insurance System V. Cfi Of Iloilo,

G.R. No. 45322, July 5, 1989).

5. EnforcedDisappearances

An arrest, detention or abduction of a person by a government official or organized groups

or private individual acting with the direct or indirect acquiescence of the government; the

refusal of the state to disclose the fate or whereabouts of the person concerned or a refusal

to acknowledge the deprivation of liberty which places such persons outside the protection

of law. (Secretary Of National Defense V. Manalo, G.R. No. 180906, Oct. 7, 2008)

6. EqualProtection Of

The Laws

It means that all persons or things similarly situated should be treated alike, both as to

rights conferred and responsibilities imposed. It guarantees equality, not identity of rights.

It does not forbid discrimination as to persons and things that are different. What it forbidsare distinctions based on impermissible criteria unrelated to a proper legislative purpose,

or class or discriminatory legislation, which discriminates against some and favors others

when both are similarly situated. (Biraogo V. The Philippine Truth Commission Of 2010,

G.R. No. 192935, Dec. 7, 2010)

7.

Expropriation Expropriation is not limited to the acquisition of real property with a correspondingtransfer of title or possession the right of way easement resulting in a restriction of

limitation on property right over the land traversed by transmission lines also falls within

the ambit of the term expropriation. (Npc V. Maria Mendoza San Pedro G.R. No. 170945September 26, 2006)

8. Equipoise Rule Under the equipoise rule, when the evidence of both sides are equally balanced, theconstitutional presumption of innocence should tilt the scales in favor of the accused

(Corpuz V. People, G.R. No. 74259, Feb. 14, 1991)

9.

ExtraordinaryDiligence

It is that extreme measure of care and caution which persons of unusual prudence andcircumspection use for securing and preserving their own property or rights. The law

requires common carriers to render service with the greatest skill and utmost foresight.

(Negros Navigation Vs. Ca, Gr No. 110398, November 7, 1997)

10.Error orIgnorance ofLaw

Error or mistake must be gross or patent, malicious, deliberate or in bad faith.

- Must act fraudulently, corruptly or with gross ignorance. Caveat: not every error ormistake of a judge in the performance of his duties make him liable therefore. To hold the

judge administratively accountable for every erroneous ruling or decision he renders,

assuming he has erred, would be nothing short of harassment and would make his position

unbearable. (Secretary of Justice vs. Marcos, 76 SCRA 301).


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F.

1. Final Judgment The term final when used to describe a judgment may be used in two senses. In thefirst, it refers to a judgment that disposes of a case in a manner that leaves nothing

more to be done by the court in respect thereto. In this sense, a final judgment is

distinguished from an interlocutory order which does not finally terminate or

dispose of the case (Rudecon Management Corp. Vs. Singson, 454 Scra 612).2. Fresh Period Rule The movant has a fresh period of 15 days from the receipt or notice of the order

denying or dismissing the motion within which to file a notice of appeal (fresh periodrule). (Neypes V. Ca, G.R. No.141524, Sept. 14, 2005)

3. Forcible Entry Forcible entry and unlawful detainer actions are summary in nature designed toprovide for an expeditious means of protecting actual possession or the right to

possession of the property involved (Sudaria V..Quiambao, Gr No. 164305,

November 20, 2007)

4. Flexible TariffClause

This clause provides the authority given to the president to adjust tariff rates under

section 401 of the tariff and customs code. (Garcia V. Executive Secretary, G.R. No.

101273, July 3, 1992)

5. Flow Of Wealth TestThe determining factor for the imposition of income tax is whether or not any gain or

profit was derived from the transaction. (Collector V. Administratix Of The Estate

Of Echarri, Gr 45544, Apr. 25, 1939)

6. Forum Shopping Forum shopping exists when as a result of an adverse opinion in one forum:

A. A party seeks favorable opinion (other than by appeal or certiorari) in another, orB. When he institutes two or more actions or proceedings grounded on the same

cause, on the gamble that one or the other would make a favorable disposition

(benguet Electric corp. Vs. Flores 287 scra 449, march 12, 1998).

7. Foreclosure of RealEstate Mortgage

(1) A real estate mortgage is an accessory contract executed by a debtor in favor of a

creditor as security for the principal obligation. This principal obligation is a simple

loan or mutuum described in Art. 1953, Civil Code. To be a real estate mortgage, the

contract must be constituted on either immovables (real property) or inalienable

real rights. If constituted on movables, the contract is a chattel mortgage (Art. 2124,

CC).

(2) A mortgage contract may have a provision in which the mortgage is a security for

past, present and future indebtedness. This clause known as a dragnet clause or

blanket mortgage clause has its origins in American jurisprudence. The Supreme

Court ruled that mortgages given to secure future advancements are valid and legalcontracts (Prudential Bank vs. Alviar, 464 SCRA 353).

8. Foreign Judgment To prove the foreign law, the requirements of Secs. 24 and 25, Rule 132 must becomplied with, that is, by an official publication or by a duly attested and

authenticated copy thereof. The provisions of the foreign law may also be the subject

of judicial admission under Sec. 4, Rule 129. Absent any of the foregoing evidence or

admission, the foreign law is presumed to the same as that in the Philippines, under

the so-called doctrine of processual presumption (Collector of Internal Revenuevs. Fisher, L-11622, 01/28/61).

9. Foreign Laws The question as to what are the laws of a foreign state is one of fact, not of law.Foreign laws may not be taken judicial notice of and have to be proved like any other

fact (In re Estate of Johnson, 39 Phil. 156), except where said laws are within the

actual knowledge of the court such as when they are well and generally known orthey have been actually ruled upon in other cases before it and none of the parties

claim otherwise (Phil. Commercial & Industrial Bank vs. Escolin, L-27936,03/29/74).

10. Fortuitous Event an unexpected event or act of God which could neither be foreseen or resisted, suchas floods, torrents, shipwrecks, conflagrations, lightning, compulsion, insurrections,

destruction of buildings by unforeseen accidents and other occurrences of similar

nature. (Lasam v. Smith)


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G.

1. GarnishmentThe plaintiff seeks to subject either the property of the defendant in the hands of

the third person called the garnishee, to his claim or the money in which said third

person owes the defendant (Rcbc V. Castro, No. L- 34548, November 29, 1988).2. Government Speech A speech where the government may advance or restrict its own speech in a

manner that would clearly be forbidden were it regulating the speech of a private

citizen. (Doctrine Was Implied In Wooley V. Maynard In 1971)

3.

Gross Receipts The term gross receipts is broad enough to include income not physicallyrendered but constructively received by the taxpayer. After all, the amount

withheld is paid to the government on its behalf, in satisfaction of its withholding

taxes. The fact that it did not actually receive the amount does not alter the fact that

it is remitted for its benefit in satisfaction of its tax obligations. Since the income is

withheld is an income owned by express transport, the same forms part of its gross

receipts. (Cir V. Bank Of Commerce,Gr 149636, June 8, 2005)

4. Grossly ImmoralConduct/Act

One that is so corrupt and false as to constitute a criminal act so unprincipled or

disgraceful as to be reprehensible to a high degree. (figueroa v. Barranca, 275

scra 445, july 31, 1997)

5. GenossenschaftTheory (Corpo Law)

Treats a corporation as the reality of the group as a social and legal entity,independent of state recognition and concession. (Tayag V. Benguet

Consolidated, Inc., G.R. No. L23276, Nov 29, 1968)

6.

Gross InefficiencyWhich MeritedDiscipline by theSupreme Court

Delay in the disposition of cases in violation of the Canon that a judge mustpromptly dispose of all matters submitted to him. With or without the transcripts

of stenographicnotes, the 90-day period for deciding cases or resolving motions

must be adhered to. (Balagot vs. Opinion, 195 SCRA 429).

7. Gerrymandering A term employed to describe an apportionment of representative districts socontrived as to give an unfair advantage to the party in power. (navarro v.

Executive secretary ermita)

8. General Supervisionover LGUs

This is the power of a superior officer to ensure that the laws are faithfully executed

by subordinates. The power of the President over lgus is only of general

supervision. Thus, he can only interfere in the affairs and activities of a LGU if he

finds that the latter acted contrary to law. The President or any of his alter egos

cannot interfere in local affairs as long as the concerned LGU acts within the

parameters of the law and the Constitution. Any directive, therefore, by the

President or any of his alter egos seeking to alter the wisdom of a lawconformingjudgment on local affairs of a LGU is a patent nullity, because it violates the

principle of local autonomy, as well as the doctrine of separation of powers of the

executive and the legislative departments in governing municipal corporations.

(Dadole v. COA, G.R. No. 125350, Dec. 3, 2002)

9. Good Faith Good faith is an intangible and abstract quality with no technical meaning orstatutory definition; and it encompasses, among other things, an honest belief, the

absence of malice and the absence of a design to defraud or to seek an

unconscionable advantage. An individuals personalgood faith is a concept of hisown mind and, therefore, may not conclusively be determined by his protestations

alone. It implies honesty of intention, and freedom from knowledge of

circumstances which ought to put the holder upon inquiry. The essence

of good faith lies in an honest belief in the validity of ones right, ignorance of a

superior claim, and absence of intention to overreach another. (Heirs of LimenseV. De Ramos)

10.Gift in Taxation A gift is generally defined as a voluntary transfer of property by one to anotherwithout any consideration or compensation therefor (28 C.J. 620; Santos vs.Robledo, 28 Phil. 250).


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H.

1. HoldOver In the absence of an express or implied constitutional or statutory provision to thcontrary, an officer is entitled to hold office until his successor is elected or appointe

and has qualified. (Lecaroz V. Sandiganbayan, G.R. No. 130872, Mar. 25,1999) 2. Habeas Data The writ of habeas data is an independent and summary remedy designed to prote

the image, privacy, honor, information, and freedom of information of an individua

and to provide a forum to enforce ones right to the truth and to information

privacy. It seeks to protect a persons right to control information regarding oneselparticularly in instances in which such information is being collected throug

unlawful means in order to achieve unlawful ends. (Gamboa V. Chan G.R. N193636)

3. Habeas Corpus Writ of habeas corpus is a writ which has been esteemed to the best and onlsufficient defense of personal freedom having for its object the speedy release b

judicial decree of persons who are illegally restrained of their liberty, or illegal

detained from the control of those who are entitled to their custody

(Bernarte vs. CA, 75 SCAD 400 [Oct. 18, 1996)4. Holder in Due

CourseHe who takes a negotiable instrument that is complete and regular upon its fac

Became the holder before it was overdue, and without notice that it has bee

previously dishonored, if such was the fact; Took it in good faith and for value; At th

time it was negotiated to him, he had no notice of any infirmity in the instrument odefect in the title of the person negotiating it. (Sec. 52) (De Ocampo v. Gatchalian

G.R. No. L15126, Nov. 30, 1961)

5. Homestead The word homestead, as used in English, usually imports not only the residentiahouse occupied as a home but also the adjacent land necessarily used in connectio

therewith; and yet the word is sometimes used for either house or land separatel

Now, in drafting the provision under consideration, the authors of the Code of Civ

Procedure, out of abundant precaution and in order to avoid a narrow interpretatio

of the word homestead, added the expression and land necessarily used iconnection therewith. By giving independent expression to this element in thsignification of the word, the codifiers thereby narrowed the necessary import of th

word homestead, with the result that, as it stands here, it means nothing more tha

house. (MAXIMA FELIPE vs. PONCIANA DE LA CRUZ, ET AL)6.

Hold DepartureOrder

hold departure order is but an exercise of respondent court's inherent power t

preserve and to maintain the effectiveness of its jurisdiction over the case and th

person of the accused. (Defensor V. VasquezG.R. Nos. 99289-90)7. Habeas Corpus

for custody ofminors

Writs of habeas corpuswhich may be issued exclusively by family courts unde

Section 5(b) of RA 8369 pertain to the ancillary remedy that may be availed of conjunction with a petition for custody of minors under Rule 99 of the Rules of Cour

In other words, the issuance of the writ is merely ancillary to the custody cas

pending before the family court. The writ must be issued by the same court to avoi

splitting of jurisdiction, conflicting decisions, interference by a co-equal court an

judicial instability. (Mandrinan V. Mandrinan G.R. No. 159374)8. Hierarchy of

CourtsUnder the principle of the hierarchy of courts, decisions, final orders or resolutions o

an MTC should be appealed to the RTC exercising territorial jurisdiction over th

former. On the other hand, RTC judgments, final orders or resolutions are appealabto the CA through either of the following: an ordinary appeal if the case was original

decided by the RTC; or a petition for review under Rule 42, if the case was decide

under the RTC's appellate jurisdiction. (Mendoza V. Villas G.R. No. 187256)


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I.

1. Indigent Party He is one who has no money or property sufficient and available for food, shelterand basic necessities for himself and his family. If the applicant for exemption

meets the salary and property requirements under sec. 19, rule 141, then the

grant of the application is mandatory. On the other hand, when the application

does not satisfy one or both requirements, then the application should not be

denied outright; instead, the court should apply the indigency test under sec. 21,

rule 3 and use its sound discretion in determining the merits of the prayer forexemption (Algura V. Lgu Of Naga, G.R. No. 150135, Oct. 30, 2006).

2. Injunction As AMain Action

Seeks a judgment embodying a final injunction, to enjoin the defendant from the

commission or continuance of a specific act, or to compel a particular act in

violation of the rights of the applicant (Almeida V. Ca, 448 Sscra 681, January17, 2005).

3. Injunction As AnAncillary Remedy

Seeks to preserve the status quo or to prevent future wrongs in order to preserve

and protect certain interests or rights during the pendency of the action (Cortez-Estrada V. Heirs Of Domingo Samut, 451 Scra 275, February 14, 2005).

4. Ignorantia LegisNeminem Excusat

Ignorance of the law is not an excuse because everyone is presumed to know the

law.

5. Illegal Recruitment Defined by law as any recruitment activities undertaken by nonlicenses or

nonholders of authority. (People V. Senoron, G.R. No. 119160, Jan. 30,1997)and it is large scale illegal recruitment when the offense is committed against 3 or

more persons, individually or as a group. (art. 38[b], lc) in view of the above,

maryrose is guilty of large scale illegal recruitment. Her defense of gf and the

affidavit of desistance as well as the refund given will not save her because r.a. no.

8042 is a special law, and illegal recruitment is malum prohibitum. (People V.

Saulo, G.R. No. 125903, Nov. 15, 2000).

6. Imputed KnowledgeTheory

A rule in insurance law that any information material to the transaction, either

possessed by the agent at the time of the transaction or acquired by him before its

completion, is deemed to be the knowledge of the principal, at least so far as the

transaction is concerned, even though in fact the knowledge is not communicated

to the principal at all. (Leonor V. Filipinas Compania, 48 Og 243)

7.

Interlocutory Order The suit which is not a final decision of the whole controversy and leavessomething more to be done on its merits(Gallardo Et Al. V. People, G.R. No. 142030, April 21, 2005

8. Information Information is an accusation in writing charging a person with an offense,subscribed by the prosecutor and filed with the court. Accusation must be in

writing. It requires no oath. This is because the Prosecutor filing the information

is acting under oath of his office (Estudillo V. Baloma, 426 Scra 83)9. In Personam An action in personam is an action against a person on the basis of his personal

liability. And Action in rem is an action against the thing itself instead of against

the person. Biaco vs. Philippine Countryside Rural Bank, GR 161417,February 8, 2007

10.Immoral Conduct Immoral conduct has been defined as that conduct which is willful, flagrant orshameless and Which shows a moral indifference to the opinion of the good and

respectable members of the Community (Arciga v. Maniwang, 106 scra 591).


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J.

1. JudgmentWithout Trial

The theory of summary judgment is that although an answer may on its face

appear to tender issuesrequiring trialyet if it is demonstrated by affidavits,depositions, or admissions that those issues are not genuine, but sham or

fictitious, the court is justified in dispensing with the trial and rendering summary

judgment for plaintiff. (Galicia Vs. Polo, L-49668, Nov. 14, 1989; Carcon Devt.

Corp. Vs. Ca, Gr 88218, Dec. 17, 1989).

2.

Judicial Review The power of judicial review includes the power of review over justiciable issuesin impeachment proceedings (Francisco, Jr. V. House Of Representatives, G.R.

No. 160261, Nov. 10, 2003).

3. Judgment OrFallo

The judgment or fallo is the final disposition of the court which is reflected in the

dispositive portion of the decision. A decision is directly prepared by a judge and

signed by him, containing clearly and distinctly a statement of the facts proved

and the law upon which the judgment is based (Etoya V. Abraham)4. Judgment On The

PleadingsWhere an answer fails to tender an issue, or otherwise admits the material

allegations of the adverse partys pleading, the court may, on motion of that party,direct judgment on such pleading. However, in actions for declaration of nullity or

annulment of marriage or for legal separation (or for unliquidated damages, or

admission of the truth of allegation of adverse party), the material facts alleged in

the complaint shall always be proved (Sec. 1).(Monterey Foods Corp. Vs. Eserjose, Gr 153126, Sept. 11, 2003).

5. Jurisdiction Jurisdiction treats of the power of the court to decide a case on the merits, whilevenue refers To the place where the suit may be filed. In criminal actions,

however, venue is jurisdictional. Jurisdiction is a matter of substantive law;

venue, of procedural law. Jurisdiction may be not be Conferred by consent

through waiver upon a court, but venue may be waived, except in criminal Cases

(Nocum Et Al. V. Tan,G.R. No. 145022, September 23, 2005)6. Jurisdiction Over

The ResJurisdiction over the res is acquired by the seizure of the thing under legal

process whereby it is brought into actual custody of law, or it may result from the

institution of a legal proceeding wherein the power of the court over the thing is

recognized and made effective (Banco Espaol Filipino vs. Palanca, 37 Phil.291).

7. Jurisdiction OverPerson Of TheAccused

May be conferred by consent expressly or impliedly given, or it may, by objection,

be prevented from attaching or being removed after it is attached.

Jurisdiction over the person of the accused by voluntary appearance or surrender

of the accused or by his arrest (Choc vs. Vera, 64 Phil. 1066).8. Jurisdiction Over

The SubjectMatter

Jurisdiction over the subject matter is determined upon the allegations made in

the complaint, irrespective of whether the plaintiff is entitled or not, to recover

upon the claim asserted therein, a matter resolved only after and as a result of the

trial (Magay vs. Estiandan, 69 SCRA 456).9. Judicial Notice Of

Foreign LawsThe question as to what are the laws of a foreign state is one of fact, not of law.

Foreign laws may not be taken judicial notice of and have to be proved like any

other fact (In re Estate of Johnson, 39 Phil. 156), except where said laws are

within the actual knowledge of the court such as when they are well and generally

known or they have been actually ruled upon in other cases before it and none ofthe parties claim otherwise (Phil. Commercial & Industrial Bank vs. Escolin, L-27936, 03/29/74).

10.Judicial Review The power of the SC to declare a law, treaty, ordinance and other governmentalact unconstitutional. The controversy must also be justiciable; that is, it must be

susceptible of judicial determination. (IBP v. Hon. Ronaldo B. Zamora, G.R. No.

141284, Aug. 15, 2000)


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K.

1.

Kabit System(Transpo Law)

It is an arrangement whereby a person who has been granted the

certificate allows other persons who own motor vehicles to operate

under his license, sometimes for a fee or percentage of the earnings.

(lim v. Ca, g.r. no. 125817, jan. 16, 2002)

2. Knowingly

RenderingUnjustJudgment

The gist of the offense therefore is an unjust judgment be rendered

maliciously or in bad faith, that is, knowing it to be unjust. Xxx xxxMere error therefore in the interpretation or application of the law

does not constitute the crime. The nature of the administrative charge

of knowingly rendering an unjust judgment is the same as the criminal

charge. Thus xxx xxx it must

Be established that respondent judge rendered a judgment or decision

not supported by law or evidence and that he must be actuated be

hatred, envy, revenge, or greed or some other similar motive. (De la

Cruz v. Concepcion)

3. Kalikasan, writ Otherwise known as the Rules of Procedure for Environmental Cases,concerning as it is the violation of the constitutional rights of the

residents to a balanced and healthful ecology. (Dela Cruz V. MeralcoGR No 197878.)


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L.

1. Labor DisputeAn action for damages for abuse of right as an incident to dismissal is within the exclusi

jurisdiction of the labor arbiter. But the labor arbiter has no jurisdiction for claims

damages based on quasi-delict which has no reasonable connection with the employ

employee relations claims under the labor code (Ocheda V. Ca, G.R. No. 85517, Oct. 1

1992).

2. Labor Standards

The minimum terms and conditions of employment prescribed by existing laws, rules a

regulations relating to wages, hours of work, costofliving allowance and other monetaand welfare benefits. (Batong Buhay Gold Mines, Inc. V. Dela Serna, G.R. No. 8696

August 6,1999)

3. License Fee Ordinarily, license fees are in the nature of the exercise of police power because they are the form of regulation by the state and considered as a manner of paying off administrati

costs. However, if the license fee is higher than the cost of regulating, then it becomes a fo

of taxation (ErmitaMalate Hotel And Motel Operators Assoc., Inc. Vs. City Mayor Manila, G.R. No. L24693, Oct. 23, 1967).

4. Litigation A litigation is not a game of technicalities of which one, more deeply schooled and skilledthe subtle art of movement and position, entraps and destroys the other. It is rather

contest in which each contending party fully and fairly lays before the court the facts in iss

and then, brushing aside as wholly trivial and indecisive all imperfections of form a

technicalities of procedure, asks that justice be done upon merits. Canlas Vs. Court

Appeals, 164 Scra 160)5.

Legal Malpractice Consists of failure of an attorney to use such skill, prudence and Diligence as lawyersordinary skill and capacity commonly possess and exercise in the Performance of tas

which they undertake, and when such failure proximately causes Damage, it gives rise to

action in tort (Tan Tek Beng Vs. David, 126 Scra 389).

6. Limited LiabilityDoctrine (TranspoLaw)

Also called the no vessel, no liability doctrine, it provides that liability of ship owner

limited to ship owners interest over the vessel. Consequently, in case of loss, the sh

owners liability is also extinguished. Limited liability likewise extends to shiappurtenances, equipment, freightage, and insurance proceeds. The ship owners or agenliability is merely coextensive with his interest in the vessel, such that a total loss of t

vessel results in the liabilitys extinction. The vessels total destruction extinguishmaritime liens because there is no longer any res to which they can attach. (Monar

Insurance V. Ca, G.R. No. 92735, June 8, 2000)

7.

Legal Malpractice Consists of failure of an attorney to use such skill, prudence andDiligence as lawyers of ordinary skill and capacity commonly possess and exercise in the

Performance of tasks which they undertake, and when such failure proximately causes

Damage, it gives rise to an action in tort (Tan Tek Beng Vs. David, 126 Scra 389).

8.

Locatio ConductionOperarum (ContractOf Lease Of Services)

Where one lets his services for compensation and another hires them without reference to

the object which the services are to be performed. Regala Vs. Sandiganbayan, G.R. No.

105938 (Sept. 20, 1996)

9. Litigated MotionA litigated motion is one which requires the parties to be heard before a ruling on the

motion is made by the court. Sec. 4 establishes the general rule that every written motion i

deemed a litigated motion. A motion to dismiss (Rule 16), a motion for judgment for the

pleadings (Rule 34), and a summary judgment (Rule 35), are litigated motions.

(Sarmiento Vs. Zaratan, GR 167471, Feb. 5, 2007).10.Labor Laws The justification of labor laws is social justice. Social justice is neither communism, n

despotism, nor atomism, nor anarchy, but the humanization of laws and the equalizationsocial and economic force by the State so that justice in its rational and objectively secu

conception may at least be approximated. Social justice means the promotion of the welfa

of all the people, the adoption by the government of measures calculated to insure econom

stability of all the competent elements of society, through the maintenance of a prop

economic and social equilibrium in the interrelations of the members of the communi

constitutionally, through the adoption of measures legally justifiable,

extraconstitutionally, through the exercise of powers underlying the existence ofgovernments on the timehonored principle of salus populi est suprema lex. (CalalangWilliams, G.R. No. 47800, Dec. 2, 1940)


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M.

1. Moot Questions Questions whose answers cannot have any practical legal effect or, in the nature of thingscannot be enforced. (Baldo, Jr. V. Comelec, G.R. No. 176135, June 16, 2009)

2. Miranda RightsRight to have confessions or admissions obtained in violation of these rights considered

inadmissible in evidence (Miranda V Arizona, 384 Us 436, 1966)

3. MaliciousProsecution

It has been defined as an action for damages brought by or against whom a crimina

prosecution, civil suit, or other legal proceeding has been instituted maliciously and without

probable cause, after the termination of such prosecution, suit or other proceeding in favor ofthe defendant therein. (Diaz V. Davao Light And Power Co., 520 Scra 510, 2007)

4.

Misconduct Misconduct implies malice or a wrongful intent, not a mere error of judgment. For Serioumisconduct to exist, there must be a reliable evidence showing that the judicial acts Complained

of were corrupt or were inspired by an intention to violate the law, or were in Persisten

disregard of well-known legal rules.In re: Impeachment of Horilleno, 43 Phil. 212

5. Motion To Quash A motion to quash is a hypothetical admission of the facts alleged in the information, hence thecourt in resolving the motion cannot consider facts contrary to those alleged in the information

or which do not appear on the face of the information, except those admitted by the

prosecution (People Vs. Navarro, 75 Phil. 516).6. Misjoinder And

Non-Joinder OfParties

A party is misjoined when he is made a party to the action although he should not be

impleaded. A party is not joined when he is supposed to be joined but is not impleaded in the

action.

Under the rules, neither misjoinder nor non-joinder of parties is a ground for the dismissal ofan action. Parties may be dropped or added by order of the court on motion of any party or on

its own initiative at any stage of the action and on such terms as are just (Sec. 11, Rule 3)

Misjoinder of parties does not involve questions of jurisdiction and not a ground for dismissal

(Republic Vs. Herbieto, 459 SCRA 183).

7. Motion For NewTrial

A motion for new trial should be filed within the period for taking an appeal. Hence, it must be

filed before the finality of the judgment (Sec. 1). In Distilleria Limtuaco vs. CA, 143 SCRA 92it was said that the period for filing a motion for new trial is within the period for taking an

appeal.

8. Motions For BillOf Particulars

A partys right to move for a bill of particulars in accordance with Sec. 1, Rule 12 (doesntinclude matters evidentiary in nature, which are covered by Modes of Discovery) when the

allegations of the complaint are vague and uncertain is intended to afford a party not only a

chance to properly prepare a responsive pleading but also an opportunity to prepare an

intelligent answer. This is to avert the danger where the opposing party will find difficulty insquarely meeting the issues raised against him and plead the corresponding defenses which if

not timely raised in the answer will be deemed waived. The proper preparation of an

intelligent answer requires information as to the precise nature, character, scope and extent o

the cause of action in order that the pleader may be able to squarely meet the issues raised

thereby circumscribing them within determined confines and preventing surprises during the

trial, and in order that he may set forth his defenses which may not be so readily availed of if

the allegations controverted are vague, indefinite, uncertain or are mere general conclusions

The latter task assumes significance because defenses not pleaded (save those excepted in Sec

2, Rule 9, and whenever appropriate, the defenses of prescription) in a motion to dismiss or in

the answer are deemed waived (Republic vs. Sandiganbayan, GR 115748, Aug. 7, 1996).

9. Motion Of CourseA motion for a certain kind of relief or remedy to which the movant is entitled as a matter of

right, and not as a matter of discretion on the part of the court. Moreover, the allegations

contained in such a motion do not have to be investigated or verified. An example would be amotion filed out of time, because this motion may be disposed of the court on its own initiative

Another example would be a motion to sell certain property after the period given by the cour

to the debtor to pay has elapsed, and such previous order had specified that the property be

sold in case of default (Govt. Vs. Delos Cajigas, 55 Phil. 669).

10.MotionA motion is an application for relief other than by a pleading (Sec. 1, Rule 15).

A motion is not a pleading, even when reduced to writing; it relates generally to procedural

matters, unlike pleadings which generally states substantial questions (37 Am. Jur. 502)

Moreover, a motion is not an independent remedy, and thus cannot replace an action to enforce

a legal right (Lyon vs. Smith, 66 Mich. 676).


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N.

1. Notarization Notarization is not empty, meaningless, routinary act; it is infested with substantialpublic interest such that only those who are qualified or authorized may act as notaries

public.(Arrieta v. Llosa, 282 scra 248, november 28, 1997)

2. Nature Of TheOffice Of AnAttorney At Law

The nature of the office of an attorney at law requires that she shall be a person of good

moral character. This qualification is not only a condition precedent to an admission to

the practice of law; its continued possession is also essential for remaining in the

practice of law.People vs. Tuanda, adm. Case no. 3360 (jan. 30, 1990)3. Non-Profesisonal

MisconductMisconduct indicative of moral unfitness, whether relating to professional or

nonprofessional matters, justifies suspension or disbarment. X x x an attorney may be

removed or otherwise disciplined not only for malpractice and dishonesty in hisprofession, but also for gross misconduct not connected with his professional duties,

which showed him unfit for the office and unworthy of the privileges which his license

and the law confer to him.Lizaso vs. Amante, 198 scra (1991)

4. No StrikeNoLockout Clause

The no strikeno lockout clause in the cba applies only to economic strikes. It doesnot apply to ulp strikes. Hence, if the strike is founded on an unfair labor practice of the

employer, a strike declared by the union cannot be considered a violation of the no

strike clause. (master iron labor union v. Nlrc, g.r. no. 92009, feb. 17, 1993)

5.

Nature ofPhilippine Courts

Philippine courts are both courts of law and equity. Hence, both legal and equitable

jurisdiction is dispensed with in the same tribunal. (US v. Tamparong, 31 Phil. 321)

6.

Negative Pregnant It is a form of negative expression which carries with it an affirmation or at least animplication of some kind favorable to the adverse party. It is a denial pregnant with an

admission of the substantial facts alleged in the pleading. Where a fact is alleged with

qualifying or modifying language and the words of the allegation as so qualified or

modified are literally denied, the qualifying circumstances alone are denied while the

fact itself is admitted (Republic vs. Sandiganbayan, GR 1512154, July 15, 2003).7. Notice of pre-trial Notice of pre-trial is so important that it would be grave abuse of discretion for the

court for example, to allow the plaintiff to present his evidence ex parte for failure of

the defendant to appear before the pre-trial who did not receive through his counsel a

notice of pre-trial. Accordingly, there is no legal basis for a court to consider a party

notified of the pre-trial and to consider that there is no longer a need to send notice of

pre-trial merely because it was his counsel who suggested the date of pre-trail (Agultovs. Tucson, 476 SCRA 395).

8.

Nature of probateproceeding

Probate of a will is a proceeding in rem. It cannot be dispensed with and substituted byanother proceeding, judicial or extrajudicial, without offending public policy. It is

mandatory as no will shall pass either real or personal property unless proved and

allowed in accordance with the Rules. It is imprescriptible, because it is required by

public policy and the state could not have intended to defeat the same by applying

thereto the statute of limitation of actions (Guevara vs. Guevara, 74 Phil. 479).9. Neypes Doctrine

in Criminal CasesIf the motion is denied, the movants has a fresh period of 15 days from receipt or

notice of the order denying or dismissing the motion for reconsideration within which

to file a notice to appeal. This new period becomes significant if either a motion for

reconsideration or a motion for new trial has been filed but was denied or dismissed.

This fresh period rule applies only to Rule 41 governing appeals from the RTC but also

to Rule 40 governing appeals from MTC to RTC, Rule 42 on petitions for review from

the RTC to the CA, Rule 43 on appeal from quasi-judicial agencies to the CA, and Rule

45 governing appeals by certiorari to the SC. Accordingly, this rule was adopted tostandardize the appeal periods provided in the Rules to afford fair opportunity to

review the case and, in the process, minimize errors of judgment. Obviously, the new

15 day period may be availed of only if either motion is filed; otherwise, the decision

becomes final and executory after the lapse of the original appeal period provided in

Rule 41 (Neypes vs. CA, GR 141524, Sept. 14, 2005).10.New Trial In Distilleria Limtuaco vs. CA, 143 SCRA 92 , it was said that the period for filing a

motion for new trial is within the period for taking an appeal.


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O.

1. Opinion Of TheCourt

An Opinion Of The Court Is The Informal Expression Of The Views Of The Court And

Cannot Prevail Against Its Final Order. The Opinion Of The Court Is Contained In The

Body Of The Decision That Serves As A Guide Or Enlightenment To Determine The

Ratio Decidendi Of The Decision. The Opinion Forms No Part Of The Judgment Even If

Combined In One Instrument, But May Be Referred To For The Purpose Of Construing

The Judgment (Contreras V. Felix, G.R. No. L-477, June30,1947).

2.

Omnibus MotionRuleDefenses and objections that are not pleaded in a MOTION TO DISMISS or in theanswer are deemed waived. These defenses may be raised at any stage of the

proceedings even for the first time on appeal EXCEPT that lack of jurisdiction over the

subject matter maybe barred by laches. (Tijam vs. Sibonghanoy).3. Ordinance An ordinance is enacted by the local legislative councilauthorizing the local chief

executive, in behalf of the LGU, to exercise the power of eminent domain or pursue

expropriation proceedings over a particular private property. (SPOUSES ANTONIO VCA)

4. Opinion Rule (1) General rule: the opinion of a witness is not admissible. Upon the question of theexistence or non-existence of any fact in issue, whether a main fact or evidentiary fact,

opinion evicence as to its existence or nonexistence is inadmissible. The witness must

testify to facts within their knowledge and may not state their opinion, even on their

cross-examination. (2) Exceptions: opinion of expert witness under Sec. 49, and

opinion of ordinary witnesses under Sec. 50 (Sec. 48, Rule 130): (a) On a matterrequiring special knowledge, skill, experience or training which he possesses, that is,

when he is an expert thereon; (b) Regarding the identity or the handwriting of a

person, when he has knowledge of the person or handwriting, whether he is an

ordinary or expert witness (Sec. 22, Rule 132); (c) On the mental sanity or a person, if

the witness is sufficiently acquainted with the former or if the latter is an expert

witness; (d) On the emotion, behavior, condition or appearance of a person which he

has observed; and (e) On ordinary matters known to all men of common perception,

such as the value of ordinary household articles (Galian vs. State Assurance Co., 29Phil. 413).

5. Opinion Of ExpertWitness

Before one may be allowed to testify as an expert witness, his qualification must first

be established by the party presenting him, i.e., he must be shown to possess the

special skill or knowledge relevant to the question to which he is to express an

opinion (People vs. Fundano, 291 SCRA 356). 6. Oversight Power

Of The CongressThe power of oversight embraces all activities undertaken by Congress to enhance its

understanding of and influence over the implementation of legislation it has enacted.

It concerns postenactment measures undertaken by Congress. (Macalintal v.COMELEC, G.R. No. 157013 July 10, 2003, [Separate opinion of Justice Puno])

7. Operative FactDoctrine

It is a rule of equity. Under this doctrine, the law is recognized as unconstitutional but

the effects of the unconstitutional law, prior to its declaration of nullity, may be left

undisturbed as a matter of equity and fair play . (League of Cities of the Philippines v.COMELEC, G.R. No. 176951, Nov. 18, 2008)

8. Obiter Dictum An obiter dictumhas been defined as an opinion expressed by a court upon somequestion of law which is not necessary to the decision of the case before it. It is a

remark made, or opinion expressed, by a judge, in his decision upon a cause, by the

way, that is, incidentally or collaterally, and not directly upon the question before

him, or upon a point not necessarily involved in the determination of the cause, orintroduced by way of illustration, or analogy or argument. Such are not binding as

precedent. (FRANCISCO N. VILLANUEVA, JR., vs. THE HON. COURT OF APPEALSand ROQUE VILLADORES G.R. No. 142947)

9. Obstruction OfJustice

knowingly or wilfully obstructs, impedes, frustrates or delays the apprehension of

suspects and the investigation and prosecution of criminal cases (Posadas V. Hon.

Ombudsman Dizon G.R. No. 131492)10.Original

JurisdictionA court is one with original jurisdiction when actions or proceedings are originally

filed with it. (CSC V. CAG.R. No. 176162)
http://www.lawphil.net/judjuris/juri2012/oct2012/gr_176162_2012.htmlhttp://www.lawphil.net/judjuris/juri2012/oct2012/gr_176162_2012.html


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P.

1.

Petition For Relief A petition for relief raises questions of facts on fraud, accident, mistake, orexcusable negligence, which are beyond the concerns of this court (Purcon V.

Mrm Philippines Inc., Gr No. 182718, September 26, 2008).

2.PreliminaryAttachment

It is a provisional remedy issued upon order of the court where an action is

pending to be levied upon the property of the defendant for the same to be

held by the sheriff as security for the satisfaction of whatever judgment may

be rendered in the case ( Davao Light And Power, Inc.V. Ca, 204 Scra 343).

3.PreliminaryInjunction

To prevent future injury and maintain the status quo. (Kencht V. Ca, G.R. No.

97962, Nov. 17, 1993)

4.Pro Forma Party One who is joined as a plaintiff or defendant, not because such party has anyreal interest in the subject matter or because any relief is demanded, butmerely because the technical rules of pleadings require the presence of such

party on the record. (Samaniego Vs. Agulia, G.R. No. 125567, June 27,

2000)

5.Procedural Rule Is the judicial process for enforcing rights and duties recognized bysubstantive law and for justly administering remedy and redress for their

disregard or infraction.(Fabian V. Desierto, G.R. No. 129742, Sept. 16, 1998)

6.PsychologicalIncapacity

The intendment of the law has been to confine the meaning of "psychological

incapacity" to the most serious cases of personality disorders clearlydemonstrative of an utter insensitivity or inability to give meaning and

significance to the marriage. (Santos V. Ca, G.R. No. 112019, Jan. 4, 1995)

7.Pater Familias The supreme court described a good father of a family by first stating who isnot. He is not and is not supposed to be omniscient of the future; rather, he is

one who takes precautions against any harm when there is something before

him to suggest or warn him of the danger or to foresee it (Picart V. Smith,

G.R. No. L12406, Mar. 15, 1918).8.Practice Of Law Any activity, in or out of court, which requires the application of law, legal

Procedure, knowledge, training and experience. To engage in the practice oflaw is to give notice or render any kind of service, which device or servicerequires the use in any degree of legal Knowledge or skill (Cayetano V.

Monsod, 201 Scra 210).

9.Parol Evidence Rule The parol evidence rule forbids any addition to . . . the terms of a writteninstrument by testimony purporting to show that, at or before the signing of

the document, other or different terms were orally agreed upon by the

parties.Although parol evidence is admissible to explain the meaning of a contract,

"it cannot serve the purpose of incorporating into the contract additional

contemporaneous conditions which are not mentioned at all in the writing

unless there has been fraud or mistake." (ORTAES V. CA)

10.

Plea Bargaining Plea bargaining in criminal cases is a process whereby the accused and theprosecution work a mutually satisfactory disposition of the case subject tocourt approval. It usually involves the defendants pleading guilty to a lesser

offense or to only one or some of the counts of a multi- count indictment inreturn for a lighter sentence than that for the graver charge (Daan V.

Sandiganbayan Gr No. 163972-77, March 28, 2008).


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Q.

1. Quasi In Rem Deals with the stauts, ownership or liability of a particular property but which areintended to operate on these questions only as between the particular parties to

the proceedings and not to ascertain or cut-off the rights or interests of all possible

claimants. (Domagas Vs. Jensen, 448 Scra 663)2. Quantum Meruit

(As Much As He

Deserves)

The basis of determining the lawyers professional fees in the absence of acontract, but recoverable by him from the client He shall be entitled to receive what

he merits for his services Bermejo vs. Sia, 59940-CV, September 30, 1983, IAC

3. Quo WarrantoQuo warranto is a demand made by the state upon some individual or corporation

to show by what right they exercise some franchise or privilege appertaining to the

state which, according to the Constitution and laws they cannot legally exercise by

virtue of a grant and authority from the State (44 Am. Jur. 88-89).

Accordingly, the private person may maintain the action without the intervention

of the Solicitor General and without need for any leave of court (Navarro Vs.Gimenez, 10 Phil. 226; Cui Vs. Cui, 60 Phil. 37).

4. Quantum OfEvidence

In the hierarchy of evidentiary values, the highest is proof beyond reasonable

doubt, followed by clear and convincing evidence, preponderance of evidence, and

substantial evidence, in that order (Manalo Vs. Roldan-Confessor, 215 SCRA808; ERB Vs. CA, 357 SCRA 30 [2001]).

5. Quantitative Test(In AmendmentOr Revision)

Asks whether the proposed change is so extensive in its provisions as to changedirectly the substantial entirety of the Constitution by the deletion or alteration ofnumerous existing provisions. One examines only the number of provisions

affected and does not consider the degree of the change. Lambino V. Comelec, G.R.

No. 174153, Oct. 25, 2006)

6. Qualitative Test(In AmendmentOr Revision)

Whether the change will accomplish such far reaching changes in the nature of our

basic governmental plan as to amount to a revision. (Lambino v. Comelec, G.R. No.174153, Oct. 25, 2006)

7. QualifiedPolitical Agency It means that the acts of the secretaries of the Executive departments performed

and promulgated in the regular course of business are presumptively the acts of

the Chief Executive. (Villena v. Secretary of the Interior, G.R. No. L46570, April21, 1939)

8. Questions That

Are Political

Those questions which, under the Constitution, are to be decided by the people in

their sovereign capacity, or in regard to which full discretionary authority has been

delegated to the legislative or executive branch of the government. (Taada v.

Cuenco, G.R. No. L10520, February 28, 1957)

9. Quasi Judicial

Power

The power of the administrative agency to adjudicate the rights of persons before

it. It is the power to hear and determine questions of fact to which the legislative

policy is to apply and to decide in accordance with the standards laid down by the

law itself in enforcing and administering the same law. The administrative body

exercises its quasi-judicial power when it performs in a judicial manner an act

which is essentially of an executive or administrative nature, where the power to

act in such manner is incidental to or reasonably necessary for the performance ofthe executive or administrative duty entrusted to it. In carrying out their quasi-

judicial functions the administrative officers or bodies are required to investigate

facts or ascertain the existence of facts, hold hearings, weigh evidence,

and draw conclusions from them as basis for their official action and exercise of

discretion in a judicial nature. (G.R. No. 192935 Louis Barok C. BiraogoVersus The Philippine Truth Commission Of 2010)

10.Quieting Of Title To put an end to troublesome litigation with respect to the property involved

(Tijam v Sibonghanoy, L21450, Apr. 15, 1968)


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R.

1. Rendition OfJudgment

Rendition of judgment is the filing of the same with the clerk of court. It is not the

pronouncement of the judgment in open court that constitutes the rendition. Even if

the judgment has already been put in writing and signed, it is still subject to

amendment if it has not yet been filed with the clerk of court and before its filing does

not yet constitute the real judgment of the court (Ago Vs. Ca, 6 Scra 530).It is not thewriting of the judgment or its signing which constitutes rendition of the judgment

(Castro Vs. Malazo, 99 Scra 164).2. ResidualJurisdiction

The term refers to the authority of the trial court to issue orders for the protection

and preservation of the rights of the parties. (Fernandez V. Ca, 458 Scra 454).3. Right Of

RedemptionRight of the debtor, his successor in interest or any judicial creditor or judgment

creditor of said debtor or any person having a lien on the property subsequent to the

mortgage or deed of trust under which the property is sold to redeem the property

within 1 year from the registration of the sheriffs certificate of foreclosure sale.

(Government Insurance System V. Cfi Of Iloilo, G.R. No. 45322, July 5, 1989).

4.

Right ToInformation AndAccess To PublicRecords

The sc has held in Chavez V. Pea And Amari (G.R. No. 133250, July 9, 2002) that the

right to information contemplates inclusion of negotiations leading to the

consummation of the transaction. This covers information on matters of public

concern. It pertains to access to official records, documents and papers pertaining to

official acts, transactions or decisions, as well as to government research data used asbasis for policy development.

5. Right To Bail The right to bail may be invoked once detention commences even if no formal chargeshave yet to be filed. (Teehankee V. Rovira, G.R.No. L101, Dec. 20, 1945)

6. Right AgainstSelfIncrimination

The right is available not only in criminal prosecutions but also in all other

government proceedings, including civil actions and administrative or legislative

investigations that possess a criminal or penal aspectbut not to private

investigations done by private individual (Bpi Vs. Casa, 430 Scra 261). It may be

claimed not only by the accused but also by any witness to whom a question calling

for an incriminating answer is addressed.

7. Real Party-in-Interest

Is the party who stands to be benefited or injured by the judgment in the

Suit, or the party entitled to the avails of the suit (sec. 2, rule 3). The interest must be

real, which is a present substantial interest as distinguished from a mere expectancy

or a future, contingent subordinate or consequential interest (Fortich Vs. Corona,289 Scra 624)

8. Res Judicata Res judicata as a ground for dismissal is based on two grounds, namely: (a) publicpolicy and necessity, which makes it to the interest of the State that there should be

an end to litigation (republicae ut sit litium); and (b) the hardship on the individual of

being vexed twice for the same cause (nemo debet bis vexari et eadem causa).

Accordingly, courts will simply refuse to reopen what has been decided. They will not

allow the same parties or their privies to litigate anew a question once it has been

considered and decided with finality. Litigations must end and terminate sometime

and somewhere. The effective and efficient administration of justice requires that

once a judgment has become final, the prevailing party should not be deprived of the

fruits of the verdict by subsequent suits on the same issues filed by the same parties

(Fells, Inc. Vs. Prov. Of Batangas, Gr 168557, Feb. 19, 2007).9. Remedial Law The Concept Of Remedial Law Lies At The Very Core Of Procedural Due Process,

Which Means A Law Which Hears Before It Condemns, Which Proceeds Upon Inquiry

and Renders Judgment Only After Trial, And Contemplates An Opportunity To Be

Heard Before Judgment Is Rendered (Albert V.University Publishing)10.

Replevin Replevin or delivery of personal property consists in the delivery, by order of thecourt, of personal property by the defendant to the plaintiff, upon the filing of a bond.

(Calo v. Roldan,76 phil. 445 [1946])


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S.

1. Strict NeutralityApproach

It is not hostile in religion, but it is strict in holding that religion may not be used

as a basis for classification for purposes of governmental action, whether the

action confers rights or privileges or imposes duties or obligations. Only secular

criteria may be the basis of government action. It does not permit, much less

require accommodation of secular programs to religious belief. (Estrada V.

Escritor, A.M. No. P021651, June 22, 2006)

2.

Summary Judgment A summary judgment or accelerated judgment is a procedural technique topromptly dispose of cases where the facts appear undisputed and certain from

the pleadings, depositions, admissions and affidavits on record, of for weeding

out sham claims or defenses at an early stage of the litigation to avoid the

expense and loss of time involved in a trial. (Monterey Foods Corp. Vs. Eserjose,

Gr 153126, Sept. 11, 2003)

3. Summons It is the writ by which the defendant is notified of the action brought against him(gomez vs. Court of appeals, g.r. no. 127692, march 10, 2004).

4. Serious Misconduct Exists when the judicial act complained of is corrupt or inspired by anIntention to violate the law or a persistent disregard of well-known legal rules.

(galangi vs. Macli-ing, adm. Matter no. 75-dj, jan. 17, 1978)

5. Separation Of

Powers

The doctrine of separation of powers imposes upon the courts proper restraint

born of the nature of their functions and of their respect for the otherdepartments in striking down acts of the legislature as unconstitutional.

(Francisco, Jr. V. The House Of Representatives, G.R. No. 160261, Bellosillo J.,

Separate Opinion, November 10, 2003)

6. StopAndFriskSearch

It is a limited protective search of outer clothing for weapons. Probable cause is

not required but a genuine reason must exist in light of a po lice officersexperience and surrounding conditions to warrant the belief that the person

detained has weapons concealed. (Malacat V. Ca, G.R. No. 123595, Dec. 12,

1997)

7. State PartnershipTheory

It is the basis of the government in taxing income. It emanates from its

partnership in the production of income by providing the protection, resources,

incentive and proper climate for such production. (Cir V. Lednicky, G.R. Nos. L-

18169, L-18262 & L-21434, July 31, 1964)

8. Severance Test Income Is Recognized When There Is Separation Of Something Which Is OfExchangeable Value. (Eisner V. Macomber, 252 Us 189 [1920])

9. Splitting a SingleCause of Action

It is the act of instituting two or more suits for the same cause of action (Sec. 4,

Rule 2). It is the Practice of dividing one cause of action into different parts and

making each part the subject of a Separate complaint (Bachrach vs. Icaringal, 68

SCRA 287). In splitting a cause of action, the Pleader divides a single cause of

action, claim or demand into two or more parts, brings a suit for One of such parts

with the intent to reserve the rest for another separate action (Quadra vs. CA, GR

147593, July 31, 2006)

10.Separate (Legal)

Personality (CorpoLaw)

It is a wellsettled doctrine that a corporation has a personality distinct and

separate from its individual stockholders or members (Cruz vs. Dalisay, a.m. no.R181p, july 31, 1987).


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T.

1. TemporaryRestrainingOrder

Specie of preliminary injunction to maintain status quo before the resolution of

the writ of preliminary injunction on the ground of irreparable injury

Injury is irreparable if it is not susceptible to mathematical computation (DFAAND BSP V. FALCON AND BCA INTL CORP., G.R. NO. 176657, SEPTEMBER 1,2010)

2. Test Of

Negligence

The test is: would a prudent man, in the position of the tortfeasor, foresee harm to

the person injured as a reasonable consequence of the course about to bepursued? If so, the law imposes a duty on the actor to take precaution against its

mischievous results, and failure to do so constitutes negligence. (PICART V.SMITH, G.R. NO. L12219, MAR. 15, 1918.)

3. Treachery Treachery (aleviosa) refers to the employment of means, method, or form in thecommission of the crime which tend directly and specially to insure its execution

without risk to himself arising from the defense which the offended party might

make. (People V. Pansensoy, G.R. No. 140634, Sept. 12, 2002)

4. Trial A trial is the judicial process of investigating and determining the legalcontroversies, starting with the production of evidence by the plaintiff and ending

with his closing arguments (Acosta Vs. People, 5 SCRA 774).

5. Taxation Without taxes, the government would be paralyzed for lack of motive power toactivate and operate it. Hence, despite the natural reluctance to surrender part of

ones earned income to the taxing authorities, every person who is able mustcontribute his share in the running of the government. (CIR V. Algue, G.R. No. L-28896, February 17, 1988)

6. Trial In Absentia Trial in absentia is allowed only after arraignment;(b) Judgment is generally void if the accused has not been arraigned;

(c) There can be no arraignment in absentia;

(d) If the accused went to trial without arraignment, but his counsel had the

opportunity to cross-examine the witnesses of the prosecution and after

prosecution, he was arraigned, the defect was cured (People Vs. Atienza, 86Phil. 576).

7. Tax Avoidance Tax avoidance is the tax saving device within the means sanctioned by law. Thismethod should be used by the taxpayer in good faith and at arms length. (BIR V.Benigno Toda)

8. Tax Evasion Tax evasion, on the other hand, is a scheme used outside of those lawful meansand when availed of, it usually subjects the taxpayer to further or additional civil

or criminal liabilities. (BIR V. Benigno Toda)9. Tax Planning Tax planning is by definition to reduce, if not eliminate altogether, a tax. Surely

petitioner [sic] cannot be faulted for wanting to reduce the tax from 35% to 5%.(BIR V. Benigno Toda)

10.TemporaryInjunction

issued precisely to prevent threatened or continuous irremediable injury to some

of the parties before their claims can be thoroughly studied or adjudicated topreserve the status quountil the merits of the case can be heard fully. Still, even if

it is a temporary and ancillary remedy, its issuance should not be trifled with, andan applicant must convincingly show its entitlement to the relief. St. James

College of Paranaque v. Equitable PCI Bank


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U.

1. Ultimate Facts They refer to the essential facts of the claim. A fact is essential if it cannot bestricken out without leaving the statement of the cause of action insufficient.

(Ceroferr Realty Corporation Vs. Court Of Appeals, 376 Scra 144)

2. Ut Magis Valeat Quam

Pereat

The constitution has to be interpreted as a whole. (Francisco V. Hr, G.R. No.

160261, Nov. 10, 2003)

3. Use By The Public AtLarge

Whatever may be beneficially employed for the general welfare satisfies the

requirement. Moreover, that only few people benefits from the expropriation

does not diminish its publicuse character because the notion of public usenow includes the broader notion of indirect public benefit or

advantage.(Manosca V. Ca, G.R. 166440, Jan. 29, 1996).4. Ultra ViresActs 1. Acts done beyond the powers of the corporation (through bod)

2. Ultra vires acts by corporate officers

3.

Acts or contracts which are per se illegal as being contrary to law.

(Gamboa Vs. Victoriano, G.R. No. L43324. May 5, 1979)5. Unconstitutionality In determining whether or not a statute is unconstitutional, the Court does not

lose sight of the presumption of validity accorded to statutory acts of

Congress. In Farias v. The Executive Secretary. Every statute is presumed

valid. The presumption is that the legislature intended to enact a valid,sensible and just law and one which operates no further than may be

necessary to effectuate the specific purpose of the law. Every presumption

should be indulged in favor of the constitutionality and the burden of proof is

on the party alleging that there is a clear and unequivocal breach of the

Constitution.

6.

Undue Influence Undue and improper pressure and influence on the part of the beneficiary orof some other person (Ajero V. Ca G.R. No. 106720)

7.

UnconscionableContract In exercising this power to determine what is iniquitous and unconscionable,

courts must consider the circumstances of each case since what may be

iniquitous and unconscionable in one may be totally just and equitable in

another. (Macalinao V. BPI G.R. No. 175490

8.

Unlawful Detainer Summary proceedings designed to provide expeditious means to protectactual possession or the right to possession of the property involved.[14] the

only question that the courts resolve in ejectmentproceedings is: who is

entitled to the physical possession of the premises, that is, to the possession de

factoand not to the possession de jure. It does not even matter if a partys title

to the property is questionable. (Carbonilla v. Abiera g.r. no. 177637)

9. UsufractuaryUsufruct, in essence, is nothing else but simply allowing one to enjoy anothersproperty. It is also defined as the right to enjoy the property of another

temporarily, including both thejus utendiand thejus fruendi, with the owner

retaining thejus disponendior the power to alienate the same. (Moralidad V.Pernes G.R. No. 152809

10.

UsurpationThe requisites of usurpation are that the accused took possession of anothers

real property or usurped real rights in anothers property; thatthe possession

or usurpation was committed with violence or intimidation and that the

accused had animo lucrandi. In order to sustain a conviction for "usurpacion de

derecho reales," the proof must show that the real property occupied or

usurped belongs, not to the occupant or usurper, but to some third person, and

that the possession of the usurper was obtained by means of intimidation or

violence done to the person ousted of possession of the property (Quinao V.People of the Phils. G.R. No. 139603
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/177637.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/177637.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/177637.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/177637.htm#_ftn14


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V.

1. Voyage Charter A voyage charter is a contract wherein the ship was leased for a single voyage for theconveyance of goods, in consideration of the payment of freight. The shipowner retains

the possession, command and navigation of the ship, the charterer merely having use of

the space in the vessel in return for his payment of freight. An owner who retains

possession of the ship remains liable as carrier and must answer for loss or nondeliveryof the goods received for transportation. (Cebu Salvage Corp. Vs. Philippine Home

Assurance Corp., G.R. No. 150403, Jan. 25, 2007)

2. VenueVenue is the place or the geographical area where an action is to be filed and tried. In civil

cases, it relates only to the place of the suit and not to the jurisdiction of the court (ManilaRailroad Company Vs. Attorney General, 20 Phil. 523).

3. Verification A verification of a pleading is an affirmation under oath by the party making the pleadingthat he is prepared to establish the truthfulness of the facts which he has pleaded based

on his own personal knowledge.

It is, however, been held that the absence of a verification or the non-compliance with the

verification requirement does not necessarily render the pleading defective. It is only a

formal and not a jurisdictional requirement. The requirement is a condition affecting only

the form of the pleading (Sarmeinto Vs. Zaratan, GR 167471, Feb. 5, 2007).4. Voluntary

appearanceVoluntary appearance is any appearance of the defendant in court, provided he does not

raise the question of lack of jurisdiction of the court (Flores Vs. Zurbito, 37 Phil. 746;

Carballo Vs. Encarnacion, 92 Phil. 974).It is equivalent to service of summons (Sec. 20).5.

Veto inLegislative

Legislative veto is a statutory provision requiring the President or an administrative

agency to present the proposed IRR of a law to Congress which, by itself or through a

committee formed by it, retains a right or power to approve or disapprove suchregulations before they take effect. As such, a legislative veto in the form of a

congressional oversight committee is in the form of an inwardturning delegationdesigned to attach a congressional leash to an agency to which Congress has by law

initially delegated broad powers. It radically changes the design or structure of the

Constitutions diagram of power as it entrusts to Congress a direct role in enforcing,applying or implementing its own laws. Thus, legislative veto is not allowed in the

Philippines. (ABAKADA Guro Partylist v. Purisima, G.R. No. 166715, Aug. 14, 2008)

6. Veto power ofthe President

What the president may validly veto is only a bill and neither the provisions of law 35

years before his term nor a final and executory judgment of the Supreme Court. (Bengzon

v. Drilon, G.R. No. 103524, April 15, 1992) 7. Vagrancy The offense consists in general worthlessness; that is to say, in being idle, and though able

to work, refusing to do so, and living without labor, or on the charity of others (US V.Molina)

8.

VicariousLiability(RegisteredOwner)

The rationale for the rule that a registered owner is vicariously liable for damages caused

by the operation of his motor vehicle is explained by the principle behind motor vehicle

registration, which has

Documents

Compilation of Legal Terms