1

ABANDON to forsake en-tirely, to forsake or renounce utterly. (Cang v. Court of Ap-peals, 98 SCAD 776 [1998])

ABANDONING A MINOR felony committed by anyone who shall abandon a child under seven years of age, the custody of which is incumbent upon him. (Art. 276, RPC)

ABANDONMENT 1. as a just and valid ground for dismissal. the deliber-ate and unjustified refusal of the employee to resume his employment. (Aquinas School v. Magnaye, 86 SCAD 644 [1997]) 2. of minor by person entrusted with his custody. 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 au-thorities. Also punished are 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) 3. of of ce. voluntary

relinquishment of an office by the holder, with intention of terminating his possession and control thereof. (Sang-guniang Bayan of San Andres v. Court of Appeals, 90 SCAD 256 [1998]) 4. of person in danger and abandonment of one’s own victim. felony committed by: (1) Any one who shall fail to render assistance to any person whom he shall nd in an uninhabited place wounded or in danger of dy-ing, when he can render such assistance without detriment to himself, unless such omis-sion shall constitute a more serious offense; (2) Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured; (3) Anyone who, hav-ing found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. (Art. 275, RPC)

ABATEMENT revised re code. act that would remove or neutralize a re hazard. (Sec. 3, RFCP)

ABATTOIR premises that are approved and registered by the controlling authority in which food animals are slaughtered and dressed for human con-sumption. (Sec. 4, MICP) also SLAUGHTERHOUSE

A

ABANDON ABATTOIR

1

2

ABSENTEE VOTING the process by which quali ed citi-zens of the Philippines abroad exercise their right to vote. (Sec. 3, OAVA)

ABSOLUTORY CAUSE criminal law. present where the act committed is a crime but for reasons of public policy and sentiment, there is no pen-alty imposed. (People v. Talisic, 86 SCAD 567 [1997])

ABSORPTION, PRINCIPLE OF a bona de buyer or trans-feree of all, or substantially all, the properties of the seller or transferor is not obliged to absorb the latter’s employees. The most that the purchasing company may do, for reasons of public policy and social justice, is to give preference of re-employment to the selling company’s quali ed separated employees, who in its judgment are necessary to the contin-ued operation of the business establishment. (Barayoga v. Asset Privatization Trust, G.R. No. 160073, October 24, 2005 [See REX CASE DIGEST 2005, VOLUME I, p. 697])

ABUSE OF SUPERIOR STRENGTH aggravating circumstance. purposely use excessive force out of propor-tion to the means available to the person attacked to defend himself. (People v. Asto, 86 SCAD 107 [1997])

ABUSES AGAINST CHAS-TITY felony committed by: (1) Any public of cer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such of cer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; and (2) Any warden or other public of cer 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)

ACADEMIC FREEDOM freedom granted to institu-tions of higher learning which is thus given a wide sphere of authority certainly extend-ing to the choice of students. (University of the Philippines Board of Regents v. Court of Appeals, 111 SCAD 557 [1999])

ACADEMIC NON-TEACH-ING PERSONNEL persons holding some academic quali- cations and performing aca-demic functions directly sup-portive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. (Sec. 6, Education Act of 1982)

ACCEPTANCE obligations and contracts. to produce a contract, the acceptance must not qualify the terms of the

ABSENTEE ACCEPTANCE

3

offer. There is no acceptance suf cient to product consent, when a condition in the offer is removed, or a pure offer is accepted with a condition, or when a simple obligation is converted by the acceptance into an alternative one; in other words, when something is desired which is not exactly what is proposed in the offer. (Sps. Paredes v. Court of Ap-peals, G.R. Nos. 147074-75, July 15, 2005 [See REX CASE DIGEST 2005, VOLUME I, p. 400]) See OFFER

ACCEPTANCE OF BILL OF EXCHANGE the sig-nification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not ex-press that the drawee will per-form his promise by any other means than the payment of money. (Sec. 132, NIL) CON-DITIONAL ACCEPTANCE one which makes payment by the acceptor dependent on the ful llment of a condition therein stated. (Sec. 141, NIL) GENERAL ACCEPTANCE assent without qualification to the order of the drawer. (Sec. 139, NIL) QUALIFIED ACCEPTANCE acceptance which in express terms varies the effect of the bill as drawn. (Sec. 139, NIL)

ACCESS DEVICES REGU-LATION ACT OF 1998 Re-public Act No. 8484

ACCESS DEVICE any card, plate, code, account number, electronic serial number, per-sonal identification number, or other telecommunications service, equipment, or instru-mental 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, ADRA)

ACCESS DEVICE FRAUDU-LENTLY APPLIED FOR any access device that was applied for or issued on account of the use of falsi ed document, false information, ctitious identi-ties and addresses, or any form of false pretense or misrepre-sentation. (Sec. 3, ADRA)

ACCESSORIA see ROW HOUSE

ACCESSORIES persons criminally liable. those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part sub-sequent to its commission in any of the following manners: (1) By pro ting themselves or assisting the offender to pro t by the effects of the crime. (2) By concealing or destroying the body of the crime, or the ef-

ACCEPTANCE ACCESSORIES

iii

Dedicated to my mother, Mrs. Lourdes C. Salao and my wife, Mary Ann.

iv

v

ABOUT THE AUTHOR

The author is a Professor of Law at Recoletos de Manila Institute of Law, his alma mater, although his fi rst teaching stint was at the College of Law of the Polytechnic University of the Philippines. He teaches Intellectual Property Law, Administrative Law, and others.

He is the current head of the publishing depart-ment of REX BOOKSTORE, INC., undoubtedly one of the country’s leading book publishers. His job granted him the privilege to work with authors of the texts he used while he was a student.

He conceptualized publications intended to help students in their study such as pocket size codal books on Commercial Laws (in two volumes), The 1987 Philippine Constitution appended by related laws, The National Internal Revenue Code and The Labor Code with Omnibus Implementing Rules. His publishing credits include this handy Law Dic-tionary that features defi nitions from statutes and jurisprudence.

Email: ecsalao@rexpublishing.com.ph

vi

vii

Preface to the Second Edition

This work is another proof that there are big surprises that come in small packages. Since its introduction in 2004, it gave its author some commendations and kind responses through e-mails and personal greetings. To all of you who made this possible, thank you so much.

This edition follows the format of the fi rst edition. It enriches the original version with more than 500 new entries. It starts with Republic Act No. 9161 or the “Rental Reform Act of 2002” and includes more than 50 other laws passed by Congress. Several Supreme Court issuances were also included that truly enriched this edition. Notable new entries include Terrorism, as defi ned by Republic Act No. 9372 or the “Homeland Security Act of 2007,” Practicing Lawyers as defi ned by the Rule on Mandatory Legal Aid Service for Practicing Lawyers, the Writ of Amparo and the Writ of Habeas Data. Also, thanks to the Rule on Violence Against Women and their Children (A.M. No. 04-10-11-SC), we now have Stalking as an entry. Another new entry is Tramp Service though its defi nition is not as exciting as it may sound. Just look at the entry for yourself.

Finally, please allow the author to again express his hope that this work may help us to understand the law better and love the law even better.

August 2009

Ernesto C. Salao

viii

ix

Preface[First Edition]

Hoping not to sound too fatalistic, I believe that there must be some compelling reasons why I became a lawyer since being one was not part of my original plan. One of the reasons would probably be the opportunity, no matter how remote it may appear, to partake in the aspirations of those who want to become members of the law profession. After all, I teach law aside from being with the editorial team of the country’s leading publisher of law books.

Thus, it is my hope that this dictionary be useful to law students who need a handy paperback dictionary that will provide quick defi nition of legal terms and phrases in the context of our laws and jurisprudence. I also hope pleaders discover the usefulness of this work in the prepa-ration of their briefs and other legal prose.

Layperson likewise may fi nd this dictionary useful in understanding the countless number of laws and local ordinances we have in our country. It would help them to know the defi nition given by the statute to a word or a phrase which may be different from how that word or phrase is commonly understood. For instance, a motorist cited for illegal parking should know when a motor vehicle is considered “parked’’ under the Land Transportation and Traffi c Code (Republic Act No. 4136). A merchant may need to know whether his business falls under the classifi cation “Small and Medium Enterprises (SME)’’ to avail certain benefi ts given thereto.

Of course, there are other law dictionaries available that are good study aids and research tools. However, a standard law dictionary is bulky and weighs so heavy such that it would be impractical and inconvenient to carry

x

one at all times. It is in this milieu that this work was conceived, i.e., to provide a handy and portable dictionary that will facilitate readers’ understanding on how a term or a phrase is defi ned or used in our jurisdiction.

I would welcome and appreciate criticisms and sug-gestions that readers may have on this work since I will be the fi rst to admit its imperfections. You may send your comments to any Rex Book Store branches or email at ecsalao@rexpublishing.com.ph

Ernesto C. Salao

January 8, 2004.

xi

Contents

Dedication .................................................................. iii

About the Author ...................................................... v

Preface ....................................................................... vii

Guide to Abbreviations ............................................. xiii

Defi nitions ................................................................. 1

Table of Authorities Cited ........................................ 508

xii

xiii

GUIDE TO ABBREVIATIONS

ACA — Anti-Carnapping Act Of 1972 (RA 6539)ADA — An ti-Dumping Act Of 1999 (RA 8752)ADR — Alternative Dispute Resolution Act (RA

9285)ADRA — Access Devices Regulations Act Of 1998 (RA

8484)AFA — Art Forgery Act Of 2001 (RA 9105)AFL — Anti-Fencing Law Of 1979 (PD 1612) AFMA — Agriculture And Fisheries Modernization Act

Of 1997 (RA 8435)AGCPA — Anti-Graft And Corrupt Practices Act (RA

3019)AMLA — Anti-Money Laundering Act Of 2001 (RA

9160)ASHA — Anti-Sexual Harassment Act Of 1995 (RA

7877)ASIN — An Act For Salt Iodization Nationwide (RA

8172)ATA — Agricultural Tenancy Act (RA 1199)ATPA — Anti-Traffi cking In Persons Act (RA 9208)AVAWTCA — Anti-Violence Against Women And Their

Children Act (RA 9262) BA — Biofuels Act Of 2006 (RA 9367) BMBE — Barangay Micro Business Enterprises Act of

2002 (RA 9178)BP — Batas PambansaBPIDA — Book Publishing Industry Development Act

(RA 8047)BPPRR — Bureau Of Pardons And Parole Rules And

RegulationsBSL — Bulk Sales Law (Act 3952)CAA — Clean Air Act Of The Philippines (RA 8749)CAP — Consumer Act Of The Philippines (RA 7394)CARL — Comprehensive Agrarian Reform Law (RA

6657)CBA — Custom Brokers Act of 2004 (RA 9280)CC — Civil Code (RA 386)

xiv

CCP — Cooperative Code Of The Philippines (RA 6938)

CCPA — Charter Of The Cebu Port Authority (RA 7621)

CDDA — Comprehensive Dangerous Drugs Act Of 2002 (RA 9165)

CISA — Credit Information System Act (RA 9510)CJA — Campus Journalism Act Of 1991 (RA 7079)CLL — Contractors’ License Law (RA 4566)CMPL — Code Of Muslim Personal Laws Of The Philip-

pines (PD 1083)COMMERCE — Code of CommerceCONST — 1987 Philippine ConstitutionCORP — Corporation Code of the Philippines (BP 68)CPPA — Cultural Properties Preservation And Protec-

tion Act (RA 4846)CPPPA — Cultural Properties Preservation And Protec-

tion Act (RA 4846)CSA — Chain Saw Act of 2002 (RA 9173)CSD — Civil Service Decree (PD 807)CTA — Children’s Television Act Of 1997 (RA 8370)DAA — Domestic Adoption Act Of 1998 (RA 8552)DDA — Dangerous Drugs Act Of 1972 (RA 6425)DEA — Department Of Energy Act Of 1992 (RA 7638)DOIDA — Downstream Oil Industry Deregulation Act

Of 1998 (RA 8479)DSDA — Domestic Shipping Development Act (RA

9295) DTSA — Dual Training System Act (RA 7686)ECA — Electronic Commerce Act Of 2000 (RA 8792)EDA — Export Development Act Of 1994 (RA 7844)ERL — Electoral Reforms Law Of 1987 (RA 6646)ESWMA — Ecological Solid Waste Management Act Of

2000 (RA 9003)FAA — Foreign Agents Act Of 1979 (BP 39)FC — Family Code Of The Philippines (EO 209)FCA — Financing Company Act Of 1998 (RA 8556)FDCA — Food, Drug And Cosmetics Act (RA 3720)FEA — Fair Elections Act (RA 9006)FEAEA — Fair And Equitable Access To Education Act

(RA 7880)FIA — Foreign Investments Act (RA 7042)GA — Generics Act Of 1988 (RA 6675)GBEA — Governance of Basic Education Act Of 2001

(RA 9155)

xv

GBL — General Banking Law Of 2000 (RA 8791)GCA — Guidance and Counseling Act of 2004 (RA

9258)GMIAA — Gold Mining Industry Assistance Act Of 1961

(RA 3089)GPRA — Government Procurement Reform Act (RA

9184)HFL — Handline Fishing Line (RA 9379)HLA — Hospital Licensure Act (RA 4226)HSA — Human Security Act of 2007 (RA 9372)HVCDA — High-Value Crops Development Act Of 1995

(RA 7900)ICAA — Inter-Country Adoption Act Of 1995 (RA

8043)ICP — Insurance Code Of The Philippines (PD 612)IIIAP — Investors And Invention Incentives Act Of

The Philippines (RA 7459)ILA — Investors’ Lease Act (RA 7652)IPC — Intellectual Property Code (RA 8293)IPRA — Indigenous Peoples Rights Act Of 1997 (RA

8371)IRA — Initiative and Referendum Act (RA 6735) IRR — Implementing Rules And RegulationsISIA — Iron And Steel Industry Act (RA 7103)JJWA — Juvenile Justice and Welfare Act Of 2006 (RA

9344)LCP — Labor Code Of The Philippines (PD 442)LCRA — Lending Company Regulation Act Of 2007

(RA 9474)LGC — Local Government Code Of 1991 (RA 7160)LPFA — Livestock And Poultry Feeds Act (RA 1156)LTTC — Land Transportation And Traffi c Code (RA

4136)MBA — Manlilikha Ng Bayan Act (RA 7355)MCDP — Magna Carta For Disabled Persons (RA 7277)MCPHW — Magna Carta Of Public Health Workers (RA

7305)MCSF — Magna Carta Of Small Farmers (RA 7607)MHPIA — Mini-Hydroelectric Power Incentive Act (RA

7156)MICP — The Meat Inspection Code of the Philippines

(RA 9296)MWOFA — Migrant Workers And Overseas Filipinos Act

Of 1995 (RA 8042)

xvi

NAMEL — Naval Architecture And Marine Engi-neering Law (RA 4565)

NAPA — National Archives of the Philippines Act of 2007 (RA 9470)

NBC — National Building Code (RA 6541)NBSA — National Blood Services Act Of 1994 (RA

7719)NCMB — National Conciliation and Mediation BoardNEEL — New Electrical Engineering Law (RA 7920)NHIA — National Health Insurance Act Of 1995 (RA

7875)NIL — Negotiable Instruments Law (Act 2031)NIPAS — National Integrated Protected Areas System

Act Of 1992 (RA 7586)NIRC — National Internal Revenue CodeNMA — National Metrology Act (RA 9236)NSA — Newborn Screening Act (RA 9288)OAVA — Overseas Absentee Voting Act of 2003 (RA

9189) ODA — Organ Donation Act Of 1991 (RA 7170)OEC — Omnibus Election Code Of The Phili-ppines

(BP 881)OIC — Omnibus Investments Code Of 1987 (EO 226)OMA — Optical Media Act (RA 9239) OPCA — Oil Pollution Compensation Act of 2007 (RA

9483)PA — Petroleum Act Of 1949 (RA 387)PAA — Public Assembly Act Of 1985 (BP 880)PAEA — Philippine Agricultural Engineering Act (RA

8559)PAPCA — Philippine AIDS Prevention And Control Act

Of 1998 (RA 8504)PCA — Philippine Carabao Act Of 1992 (RA 7307)PDA — Philippine Dental Act Of 1965 (RA 4419)PEL — Philippine Extradition Law (PD 1069)PERA — Personal Equity and Retirement Account Act

of 2008 PFC — Philippine Fisheries Code Of 1998 (RA 8550)PFSA — Philippine Foreign Service Act Of 1991 (RA

7157)PGEA — Philippine Geodetic Engineering Act of 1998

(RA 8560)PIA — Productivity Incentives Act Of 1990 (RA 6971)PIDA — Philippine Interior Design Act Of 1998 (RA

8534)

xvii

PLA — Paternity Leave Act Of 1996 (RA 8187)PLSA — Party-List System Act (RA 7941)PMEA — Philippine Mechanical Engineering Act Of

1998 (RA 8495)PMMOA — Philippine Merchant Marine Offi cers Act Of

1998 (RA 8544)PMTA — Philippine Medical Technology Act of 1969

(RA 5527)PNA — Philippine Nursing Act of 2002 (RA 9173)POSDA — Philippine Overseas Shipping Development

Act (RA 7471)PPA — Philippine Passport Act Of 1996 (RA 8239)PPOTL — Philippine Physical And Occupational

Therapy Law (RA 5680)PPVPA — Philippine Plant Variety Protection Act of

2002 (RA 9168) PSA — Postal Service Act of 1992 (RA 7354)PSAL — Private Security Agency Law (RA 5487)PSSMA — People’s Small-Scale Mining Act Of 1991 (RA

7076)PTPA — Philippine Teachers Professionalization Act

Of 1994 (RA 7836)PTPAP — Public Telecommunications Policy Act Of The

Philippines (RA 7925)RAC — Revised Administrative Code (EO 292)RBA — Rural Banks Act Of 1992 (RA 7353)RBFA — Rooming-In And Breast-Feeding Act Of 1992

(RA 7600)RC — Rules Of CourtRCA — Rent Control Act Of 2005 (RA 9341)RCC — Rule On Commitment Of Children (A.M. No.

02-1-19-SC)RDNAE — Rule On DNA Evidence (October 2, 2007)RECW — Rule On Examination Of A Child Witness

(A.M. No. 00-1-07-SC)REE — Rule On Electronic Evidence (A.M. No. 01-7-

01-SC)RFCP — Revised Fire Code Of The Philippines Of 2008

(RA 9514)RMLA — Proposed Rule On Mandatory Legal Aid

Service For Practicing Lawyers (B.M. No. 2012)

RNSSLAA — Revised Non-Stock Savings And Loan As-sociation Act Of 1997 (RA 8367)

ROL — Revised Optometry Law Of 1995 (RA 8050)RPC — Revised Penal Code

xviii

RPCR — Rule Of Procedure on Corporate Rehabilita-tion (A.M. No. 00-8-10-SC)

RRA — Rental Reform Act of 2002 (RA 9161)RTA — Radiologic Technology Act Of 1992 (RA 7431)RTLA — Retail Trade Liberalization Act Of 2000 (RA

8762)RVAW — Rule on Violence Against Women And Their

Children (A.M. No. 04-10-11-SC)RWA — Rule On The Writ Of Amparo (A.M. No. 07-

9-12-SC)RWHD — Rule On The Writ Of Habeas Data (A. M. No.

08-1-16-SC)SCAD — Supreme Court Advance DecisionsSCCAP — Senior Citizens Center Act Of The Philippines

(RA 7876)SEL — Sanitary Engineering Law (RA 1364)SEZA — Special Economic Zone Act Of 1995 (RA 7916)SIDA — Seed Industry Development Act Of 1992 (RA

7308)SLAA — Savings And Loan Association Act (RA 3779)SLCD — Special Law On Counterfeit DrugsSPVA — Special Purpose Vehicle Act of 2002 (RA 9182)SPWA — Solo Parents’ Welfare Act Of 2000 (RA 8972)SRC — Securities Regulation Code (RA 8799)SRPAA — Social Reform And Poverty Alleviation Act

(RA 8425)TAMA — Traditional And Alternative Medicine Act Of

1997 (RA 8423)TBA — Thrift Banks Act Of 1995 (RA 7906)TCC — Tariff and Customs CodeTESDA — Technical Educational And Skills Develop-

ment Act Of 1994 (RA 7796)TLA — Truth in Lending Act (RA 3765)TRA — Tobacco Regulation Act of 2003 (RA 9211)TRL — Trust Receipts Law (PD 115)TSA — The Securitization Act (RA 9267)UDHA — Urban Development And Housing Act Of 1992

(RA 7279)VA — Volunteer Act of 2007 (RA 9418)VRA — Voter’s Registration Act Of 1996 (RA 8189)WPSBA — Witness Protection, Security And Benefi t Act

(RA 6981)WRA — Wage Rationalization Act (RA 6727)WRL — Warehouse Receipts Law (Act 2137)YNBA — Youth In Nation-Building Act (RA 8044)