Abandoned Child. Under the law on domestic adoption, a person below 18 years old and has no

proper parental care or guardian or whose parents have deserted him for a period of at least six

continuous months and has been judicially declared as such. (Sec. 3(e), RA 8552, Domestic

Adoption Act of 1998.)

Abandonment. In labor law, an employer defense against the change of illegal or constructive

dismissal. To exist, however, it is essential that (a) the employee must have failed to report for

work or must have been absent without justifiable reason; (b) there must have been a clear

intention to sever the employer-employee relationship manifested by some over acts. (Philamgen

vs. Gramaje, 442 SCRA 274)

Abduction. Generally, the term connotes the taking away of a woman forcibly or with

intimidation, resulting in the deprivation of that woman’s liberty for an appreciable length of

time. (US vs. Alexander, 8 Phil. 29)

Absent Spouse. A spouse who has been missing for at least four years, it being unknown

whether or not he or she is still alive, and the present spouse having a well-founded belief that

the missing spouse is already dead. This is a defense against prosecution for a bigamous

marriage. (Art. 41, Family Code)

Absentee. A person whose whereabouts and existence are not known in the sense of the law

allowing a subsequent marriage and for purposes of administration of the estate of the absentee

and of succession.

Absentee Voting – the process by which qualified citizens of the Philippines living abroad,

including dual citizens, exercise their right to vote for President, Vice President, Senators and

Party-list Representatives. (Sec 3(a), RA 9189, Overseas Absentee Voting Law; RA 9225,

Citizenship Retention and Reacquisition Act of 2003; Loida Nicolas-Lewis, et al. vs. Comelec,

GR 162759, August 4, 2006)

Absolute Title. Also referred to as a title of fee simple, a non-contestable title to a thing.

Absolutely Privileged Communication. In the law of libel, it pertains to privileged

communication which is not actionable even if the author has acted in bad faith. An example is

found in Sec. 11, Art. VI of the Constitution which exempts a member of Congress from liability

for any speech or debate in the Congress or in any committee thereof. (Borjal vs. CA, 301 SCRA

1)

Abuse of Superior Strength. An aggravating circumstance, it refers to the use of force or

strength far in excess of what is necessary to overcome any defense that a victim is capable of

putting up by way of resistance.

Academic Freedom. Generally, it refers to the right of individuals in university communities

such as professors, teachers, researchers, and administrators to investigate, pursue, discuss and,

in the immortal words of Socrates, “to follow the argument wherever it may lead,” free from

internal or external interference or pressure. It pertains to the independence of an academic

institution to determine for itself who may teach, what may be taught, how it shall teach, and

who may be admitted to study. (Ateneo de Manila vs. Capulong, 222 SCRA 644; Regino vs.

Pangasinan Colleges of Science and Technology, 443 SCRA 56)

Acceleration Clause. A contractual stipulation that provides for the acceleration of the date of

payment in full under certain specified conditions or circumstances, such as the failure or

inability of a debtor in meeting his amortization schedule on time.

Access Device. Any card, plate, code, account number, electronic serial number, personal

identification number, or other telecommunications service, equipment, or instrumental

identifier, or other means of account access that can be used to obtain money, goods, 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(a), RA 8484 – Access Devices Regulation Act of 1998)

Accessory. A person who, having knowledge of the commission of the crime, and without

having participated therein, either as principal or accomplice, takes part subsequent to its

commission either by profiting therefrom, or concealing its effects, or harboring or assisting in

the escape of the principal of the crime. (Art. 19, Revised Penal Code)

Accessory Penalty. An additional penalty which is imposed as a consequence of the principal

penalty, depending on the nature of the offense, e.g., suspension, perpetual or temporary

disqualification.

Accion Publiciana. An action for recovery of possession of property filed one year of the

dispossession. It is a plenary action in an ordinary civil proceeding to determine the better right

of possession of realty independently of title. (Ramos-Balalio vs. Ramos, 479 SCRA 533)

Accion Reinvindicatoria. An action for the recovery of title or ownership over a piece of land.

Accomplice. A person who cooperates in the execution of the offense by previous or

simultaneous acts. (Art. 18, Revised Penal Code)

Accretion. A mode of acquiring property by a riparian owner which requires the concurrence of

the following requisites: (a) that the accumulation of the soil or sediment is gradual and

imperceptible; (b) that it is the result of the action of the waters of the river; and (c) that the land

where the accretion has taken place is adjacent to the bank of the river. This is the opposite of

avulsion. (Art. 457, Civil Code; Navarro vs. Intermediate Appellate Court, 268 SCRA 74)

Accrued Interest. Interest which has fallen due but remains unpaid.

Acknowledgment. Sometimes also referred to as verification, it is a sworn statement usually

appended to a legal document or pleading that the signer or verifier acknowledges the fact that he

has read and caused the document or pleading to be prepared, and that he knows the contents

thereof of his own personal knowledge.

Acquisitive Prescription. The acquisition of ownership and other real rights through the lapse of

time. (Art. 1106, Civil Code)

Acquittal. A judgment by a court that the accused is found not guilty of the criminal charge

against him and is, therefore, absolved from prosecution for that crime.

Act of God. Also referred to as Fortuitious Event or Force Majeure, a natural disaster the

occurrence of which cannot be foreseen or prevented, such as earthquakes, typhoons, tsunamis,

floods, etc.

Act of State. A sovereign act of government which cannot be the subject of a suit or be

actionable in law.

Act of State Doctrine. Respect for another sovereign state’s judicial acts. “Everyone sovereign

state is bound to respect the independence of every other sovereign state, and the courts of one

country will not sit in judgment on the acts of the government of another, done within its own

territory.”

Action for Reconveyance. One that seeks to transfer property, wrongfully registered by another,

to its rightful and legal owner.

Action in Personam. A suit directed against specific persons and which seeks personal

judgments. (Sec. 15, Rule 14, Rules of Court)

Action in Rem. A suit directed against the thing or property or status of a person and which

seeks a judgment with respect thereto as against the whole world. (Sec. 15, Rule 14, Rules of

Court; Romualdez-Licaros vs. Licaros, 401 SCRA 762)

Actionable. A matter or action that creates a ground, i.e., a cause of action, or a suit at law.

Acts of Lasciviousness. Unlawful sexual acts committed by persons of either sex which do not

amount to rape. (Art. 336, RPC)

Actual Case or Controversy. A conflict involving opposite legal claims susceptible of judicial

resolution, one that is “definite and concrete, touching the legal relations of parties having

adverse legal interests,” constituting a real and substantial controversy admitting of specific

relief. (David vs. Arroyo, 489 SCRA 160)

Actual Damages. Also called as compensatory damages, these are compensation to which a

person is entitled for any pecuniary loss which he proves to have been duly suffered by him.

(Art. 2199, Civil Code)

Actual Fraud. Sometimes referred to as positive fraud, it arises from an intentional deception

practiced by means of misrepresentation or concealment or a material fact.

Ad Interim Appointment. An appointment made by the President during a congressional

recess, effective only until disapproved by the Commission on Appointments or until the next

adjournment of Congress.

Ada. Customary law which forms part of Islamic Law. Unless embodied in the Muslim Code of

the Philippines, it must be proven in evidence as a fact. (PD 1083, Muslim Code of the

Philippines)

Adhesion Contract. A contract drafted by the stronger party, then presented for acceptance to

the weaker party who has no power to modify its terms.

Adjudicate. The act of a judge in rendering a judgment, or making a decision between two

opposed or competing claims, or upholding or denying a cause of action.

Administrative Law. The body of laws, rules and regulations, rulings and resolutions which

govern the activities of the government bureaucracy as administered by the Executive Branch in

the exercise of its quasi-legislative and quasi-judicial powers.

Administrator (m) or Administratrix (f). The person entrusted with the care, custody and

management of the estate of a deceased person until the estate is partitioned and distributed to

the heirs, legatees, and devisees. (Rule 78)

Admiralty Law. The branch of law which deals with maritime matters.

Admission. In the law of evidence, it refers to a statement, oral or written, made by a party about

the existence of a relevant fact which can be taken against him that is material in a court

proceeding.

Adoption. A juridical act which creates between two persons a relationship similar to that which

results from legitimate paternity and filiation. (Prasnik vs. Republic, 98 Phil. 665)

ADR Provider. An institution or person accredited as mediator, conciliator, arbitrator, neutral

evaluator, or any person exercising similar functions in any Alternative Dispute Resolution

(ADR) system. (Sec. 3(b), RA 9285, Alternative Dispute Resolution Act of 2004)

Adultery. A crime committed by a married woman who has sexual intercourse with a man other

than her husband and by the man who has carnal knowledge of her, knowing her to be married

even if the marriage is subsequently declared void. (Art. 333, RPC)

Advance Sheet. A promulgated decision of the court which is made available in a temporary

form prior to printing or publication.

Adverse Claim. It usually refers to a claim that is adverse to the title of a registered owner over

a certain property, e.g., a piece of land.

Adverse Party. It usually refers to a party litigant in a case who would be adversely affected by

the court’s decision. (Sec. 3, Rule 41, Rules of Court)

Adverse Possession. The exercise of proprietary rights in the concept of an owner, usually over

a disputed piece of land.

Advertiser. The client of the advertising agency or the sponsor of the advertisement on whose

account the advertising is prepared, conceptualized, presented or disseminated. (Sec. 4(d), RA

7394, Consumer Act of the Philippines)

Advertising. The business of conceptualizing, presenting or making available to the public,

through any form of mass media, fact, data or information about the attributes, features, quality

or availability of consumer products, services, or credit. (Sec. 4(b), RA 7394)

Advertising Agency. A service organization or enterprise creating, conducting, producing,

implementing or giving counsel on promotional campaigns or programs through any medium for

and in behalf of any advertiser. (Sec. 4©, RA 7394)

Advocate. A person who champions the cause of another in a court of law. It usually refers to a

legal counselor- or attorney-at-law.

Aerodome. A defined area on land or water, including any buildings, installations and

equipment intended to be used either wholly or in part for the arrival, departure and movement of

aircraft. (Sec.3(b), RA 776, Civil Aeronautics Acts)

Aeronautics. The science and art of flight. (Sec. 3(c), RA 776)

Affidavit. An ex parte statement in writing made under oath before a notary public or other

officer authorized to administer oaths, about facts which the affiant either knows of his own

personal knowledge or is aware of to the best of his knowledge.

Affidavit of Desistance. A sworn statement, executed by a complainant in a criminal or

administrative case, that he or she is discontinuing or disavowing his complaint for whatever

reason he or she may site. (People vs. Dela Cerna, 390 SCRA 538)

Affirmative Defense. An allegation of new matter which, while hypothetically admitting the

material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery

by him. Affirmative defense include fraud, statute of limitations, release or payment, illegality,

statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by

way of confession and avoidance. (Sec. 5, Rule 6, Rules of Court)

Agabon Doctrine. A modification of the Wenphil Doctrine in that the indemnity to be paid to

an otherwise legally dismissed employee has been significantly increased in cse the termination

was effected without complying with the due process requirements of notice and hearing. This is

to discourage “dismiss now, pay later” practices resorted to by employers under the Wenphil

Doctrine which imposed very nominal damages only. (Art. 282, Labor Code; Agabon vs. NLRC,

442 SCRA 573)

Agama Arbitration Council. An arbitration body formed to assist the Shari’a courts in

resolving disputes affecting domestic and family relations between parties in the areas governed

by the Muslim Code of the Philippines.

Age of Criminal Responsibility. The age when a juvenile who is nine years old or over but

under fifteen years commits an offense with discernment.

Age of Majority. Attainment of the age of 18 years. Once attained, a person gains emancipation

from parental authority which means that such person is now qualified and responsible for all

acts of civil life. (Art. 234, Family Code, as amended by RA 6809)

Agency. A contract whereby a person binds himself to render some service or to do something in

representation or on behalf of another, with the consent or authority of the latter. Such a person

is the agent and the person he represents is called the principal. (Art. 1868, Civil Code)

Agency Fee. A reasonable amount assessed and checked off by a labor union from the wage of a

non-union member in the collective bargaining unit who accepts the benefits of the labor contract

negotiated by the union. Note that the amount collected shall be equal to the fee collected from

the members even as no check-off authorization is required in such cases. (Art. 248(e), Labor

Code)

Agency Shop. A union security clause in a collective bargaining agreement that requires even a

non-member or the labor organization to pay union dues as a condition of continued

employment.

Agent of a Person in Authority. Any person who, by direct provision of law or by election or

appointment by competent authority, is charged with the maintenance of public order and the

protection and security of life and property, as well as any person who comes to the aid of

persons in authority. (Art. 152, RPC)

Aggravating Circumstance. A circumstance which, if present in the commission of the felony,

will serve to increase the penalty. It can be personal to the offender such as if he is a recidivist or

is a public officer. It can pertain to how the crime is committed, e.g., with contempt or abuse of

confidence, or the period of the day when the crime is committed as during nighttime.

Agrarian Dispute. A case, controversy, matter or incident which involves the implementation of

agrarian laws and their implementing rules and regulations, and over which the DARAB

exercises primary jurisdiction, both original and appellate, to determine and adjudicate. 9Sec. 50,

RA 667, CARL; Arzaga vs. Copias, 400 SCRA 148)

Agrarian Reform. More commonly referred to as “land reform,” it means the redistribution of

lands, regardless of crops or fruits produced, to farmers and regular farm workers who are

landless, irrespective of tenurial arrangement, to include the totality of factors and support

services designed to lift the economic status of the beneficiaries and all other arrangements or

alternatives to the physical redistribution of lands, such as production or profit-sharing, labor

administration and the distribution of shares of stock, which will allow beneficiaries to receive a

just share of the fruits of the lands they work. In sum, it refers to the government’s program for

the redistribution of lands to landless tenants and farmworkers with the ultimate objective of

establishing owner-cultivator of economic-size farms as the basis of Philippine agriculture. (Sec

3(a), RA 6657, CARL)

Agricultural Land. Land that is devoted to agricultural activity, and not otherwise classified as

mineral, forest, residential, commercial or industrial land, thus making it subject to government

acquisition under its land reform program. (Sec 3(c), RA 6657)

Agricultural Tenancy. The physical possession by a person of agricultural land belonging to

another for the purpose of production through the labor of the former in consideration of which

the former agrees to share the harvest with the latter, or to pay a price certain either in produce or

in cash, or both. (Sec 3, RA 1199, Agricultural Tenancy Act; Mon vs. CA, 427 SCRA 165)

Air Carrier. Air transportation for pay or hire, the navigation of aircraft in furtherance of a

business, or the navigation of aircraft from one place to another for operation in the conduct of a

business. (Sec 3(f), RA 776, Civil Aeronautics Act)

Air Transportation. Service or carriage of persons, property, or mail, in whole or in part, by

aircraft. (Sec 3(h), RA 776, Civil Aeronautics Act)

Airway. A path through the navigable air space identified by an area specified width on the

surface of the earth designated or approved by the Civil Aeronautics Administration, now called

the Air Transportation Office (ATO), as suitable for air commerce or air transportation. (Sec3(n),

RA 776)

Airway Bill. A bill of lading which governs the relationship of shipper and carrier in the

transport of goods by air.

Airworthiness. An attribute pertaining to an aircraft which means that its engine propellers, and

other components and accessories, are of proper design and construction, and are safe for air

navigation purposes, such design and construction being consistent with accepted engineering

practice and in accordance with aerodynamic laws and aircraft science. (Sec 3(o), RA 776)

Alarm. A light felony created by any person who causes alarm or danger such as firing a gun,

exploding a firecracker, or otherwise commits any act calculated to disturb public tranquility.

(Art. 155, RPC)

Aleatory Contract. A contract whereby one of the parties or both reciprocally binds themselves

to give or to do something in consideration of what the other shall give or do upon the happening

of an event which is uncertain, or which is to occur at an indeterminate time. A life or non-life

insurance policy is a good example of an aleatory contract. (Art. 2010, Civil Code)

Alevosia. Treachery, an act involving means, methods or forms employed by the offender to

insure the execution of any of the crimes against persons, without risk to himself arising from the

defense which the victim or offended party might make. (Aart. 14(16), RPC)

Alias. A fictitious name different from the one with which a person was registered at birth in the

Local Civil Registry, or with which a person was registered in the bureau of immigration upon

entry. (CA 142, as amended by RA 6085, Anti-Alias Law)

Alias Writ. A writ issued by a court to replace one that was previously issued or failed to be

enforced.

Alibi. A weak defense based on what is usually a self-serving allegation that a person was at

another place for such a period of time that it was impossible for him to have been at the place

where and when the crime was committed. As a mode of deflecting criminal liability, the

accused must establish with clear and convincing evidence not only that hw was somewhere else

when the crime was committed but also that it was physically impossible for him to have been at

the scene of the crime at the time it was committed.

Alien. A person who is not a citizen of the Philippines who may be living permanently or

temporarily on its soil. He enjoys the same civil or human rights of a citizen.

Alienation of Affection. Actionable behavior by a third person who causes a split or loss of

affection between two spouses by his wrongful conduct such that a spouse voluntarily leaves by

being thus enticed away.

Alimony Pendente Lite. The payment of alimony during the pendency of an action between

spouses.

Allision. A term in admiralty law which refers to a collision between a moving vessel and a

stationary vessel or marine object.

Alluvion. see Accretion.

Alternative Circumstance. A circumstance which may be aggravating or mitigating depending

on the nature and effects of the crime and the other condition attending its commission, e.g.,

relationship, intoxication, education of the offender, etc. (Art. 15, RPC)

Alternative Defendants. A situation that where the plaintiff is uncertain against which of

several persons hi is entitled to relief, he may join any or all of them as defendants in the

alternative, although a right to relief against one may be inconsistent with a right to relief against

the other. (Sec. 13, Rule 3, Rules of Court)

Alternative Dispute Resolution. ADR for short, it refers to the procedure or method used to

resolve a dispute or controversy, other that by adjudication of a presiding judge of a court or an

officer of a government agency in which a neutral third party participates to assist in the

resolution of issues, which includes, arbitration, mediation, conciliation, early neutral evaluation,

mini-trial, or any combination thereof. (Sec 3(a), RA 9285, Alternative Dispute Resolution Act of

2004)

Alternative Medicine. A catch-all term embracing the sum total of knowledge, skills and

practices on health care, other than those embodied in biomedicince used the prevention,

diagnosis, and elimination of physical or mental disorder. As a rule, it includes the use of

traditional healing practices as well as herbal medicine and natural products. (RA 8423,

Traditional and Alternative Medicine Act of 1997)

Amicus Curiae. A “friend of the court” whose legal learning or expertise is judicially sought to

advise on matters of which a judge may be doubtful or in need of special assistance.

Amnesty. An act of the President, with the concurrence of all the members of the Congress,

granting pardon to a class of offenders, usually accused or convicted of political offenses, thus

absolving them of criminal liability. Generally, it refers to a general pardon extended by the

President to a group of persons accused of political offenses with the effect of “wiping the slate

clean” as regards those pardoned. (Art. VII, Sec. 19, Constitution; Tolentino vs. Catoy, 82 Phil.

300)

Amortization. The extinguishment of a debt or loan through payment by installment over a

stipulated period of time.

Ancestral Domain. All areas generally belonging to indigenous cultural communities and

indigenous peoples comprising lands, inland waters, coastal areas and natural resources therein,

held under claim of ownership and possessed and occupied by them since time immemorial. (RA

8371, IPRA of 1997)

Ancestral Lands. In agrarian reform, it refers to ancestral lands belonging to an indigenous

cultural community, including lands in the actual, continuous and open possession and

occupation of that indigenous community and its members whose right to such lands shall be

protected to ensure their economic, social and cultural well-being. It also refers to lands

exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by

themselves or through their ancestors in accordance with their customs and traditions since time

immemorial. (Sec. 7, RA 6657, CARL; Sec. 3, RA 7942, Philippine Mining Act of 1995)

Ancient Document. A document which has been in existence for more than 30 years since its

execution. To be admissible in evidence without further proof of its authenticity, it must be

found in the possession of its proper custodian, and not blemished or marred by suspicious

alterations or markings.

Answer. The pleading in which a defending party sets forth his defenses against the complaint

which must be filed within 15 days after service of summons. (Sec. 4, Rule 11, ROC)

Antedated Check. A check that is dated earlier than when it was actually drawn or delivered to

make it appear that it had been drawn earlier but delayed in delivery. Note that it is not invalid

for that reason unless it is drawn for an illegal or fraudulent purpose. (Sec. 8, ACT 2031,

Negotiable Instruments Law)

Antichresis. A contract that entitles the creditor to receive the fruits of an immovable property of

his debtor, with the obligation to apply them to the payment of the interest, if owing, and

thereafter to the principal of his credit. (Art. 2132, Civil Code)

Anti-Dumping Duty. The amount of duty levied on a “dumped” product, commodity or article

of commerce to discourage its importation into the Philippines. (RA 8752, Anti-Dumping Act of

1999)

Antique. A rare cultural item or property which is at lest 100 years old. (Sec.3, RA 4846,

Cultural Properties Preservation and Protection Act)

Anti-Subversion Act. The law which criminalizes any act or conspiracy to overthrow the

government for the purpose of establishing a totalitarian regime, and to a place the government

under the control and domination of an alien power. (Sec. 2, RA 1700, Anti-Subversion Act)

Apparent Easement. An easement which is made known and is continually kept in view by

external signs that reveal the use and enjoyment of the same. (Art. 615, Civil Code)

Appeal. The remedial procedure by which an aggrieved party elevates the decision of a lower

court to a higher court for review and reconsideration with a view to having it reversed or

modified.

Appeal by Certiorari. An appeal to the Supreme Court where, generally, only questions of law

are raised or involved. Note that review by the Supreme Court is not a matter of right but of

sound judicial discretion. (Rule 45, Rules of Court)

Appearance. A judicial term to denote a party’s or a counsel’s voluntary submission to a court’s

jurisdiction.

Appellant. The party in a case who appeals a lower court’s decision to a higher court.

Appellee. The prevailing party in a case against whom a decision is appealed to a higher court.

Apprentice. A worker who is covered by a written apprenticeship agreement with an individual

employer, who is at least 14 years old, engaged in a trade or occupation which requires practical

training on the job, supplemented by theoretical instruction. As a rule, the period of

apprenticeship shall not exceed six months for which the apprentice must be compensated at a

rate not lower that 75 percent of the applicable minimum wage. The term is no to be confused

with a learner. (Art. 58, Labor Code)

Apprenticeship. Practical training on the job supplemented by related theoretical instruction.

(Sec 58(a), Labor Code)

Appropriations Law – a statute, the primary and specific purpose of which, is to authorize

release of public funds from treasury.

Arbitrary Detention. The detention of a person by a public officer without legal grounds. But

even with legal grounds, the delay in the delivery of a detained person to the proper judicial

authorities may result in arbitrary detention. It is to be differentiated from illegal detention. (Arts.

124-125, RPC)

Arbitration. A form of alternative dispute resolution whereby a disinterested person or a panel

of three or more persons is selected by a contending parties to act as arbiter or judge in settling

their dispute or respective claims against one another.

Archipelagic Doctrine. An integration of a group of islands to the sea and their oneness so that

together they can constitute one unit, one country, and one state. An imaginary single baseline is

drawn around the islands by joining appropriate points of the outermost islands of the

archipelago with straight lines and all islands and waters enclosed within the baseline form part

of the territory. Main purpose is to protect the territorial interests of an archipelago. (see last

sentence, Art. I, Constitution)

Archipelago. A group of islands, such as the Philippines, so close to each other that they are

historically regarded as an intrinsic whole—geographically, economically and politically—and

this includes the natural features and seas between the islands which are considered as internal

archipelagic waters.

Arraignment. A formal procedure in criminal prosecution “to afford an accused due process”

and it is also the means of implementing the constitutional rights of an accused to be informed of

the nature and cause of the accusation against him. It refers to the appearance of the accused in

open court wherein he is informed of the complaint or information against him before he is

required to enter his plea of guilty or not guilty of the crime imputed to him. (Sec. 1, Rule 116,

Rules of Court; People vs. Nuela, 366 SCRA 705)

Arrest. The taking of a person into custody in order that he may be bound to answer for the

commission of an offense. (Sec. 1, Rule 113, ROC)

Arresto Mayor. A penalty whose duration ranges from one day to 30 days of incarceration.

Arson. A felony committed by any person who burns or sets the property of another or even his

own property on fire when done under circumstances which pose a danger to the life or property

of another. (Sec. 1, PD 1613)

Artificial Insemination. The impregnation of a female with semen from a male without sexual

intercourse. The child born as a result of this procedure is considered a legitimate child if born

during the marriage of the parents, with their permission and authority. (Art. 164, Family Code)

Assignment of Credit. An agreement by virtue of which the owner of a credit, known as the

assignor, by a legal cause, such as sale, dacion en pago, exchange or donation, and without the

consent of the debtor, transfers his credit and accessory right to another, known as the assignee,

who acquires the power to enforce it to the same extent as the assignor can enforce against the

debtor. (Lo vs. KJS Eco-Formwork System Phil., Inc., 413 SCRA 182)

Assignment of Errors. A recitation of specific errors claimed to have been committed by lower

court to enable the appellate court and the opposing party to determine as to what points the

appellant intends to ask for a reversal of judgment. (People vs. Dela Concha, 389 SCRA 280)

Assumpsit. A common law term which refers to the recovery of damages for the non-

performance of a contract.

Assumption of Jurisdiction. It usually refers to an act of the Secretary of the DOLE which

amounts to a “cease-and-desist” order prohibiting a union from striking whenever in his opinion

there exists a labor dispute causing or like to cause a strike or lockout in an industry that is

indispensable to the national interest by resolving the dispute himself or certifying it to the

NLRC for compulsory arbitration.

Assumption of Risk Doctrine. A doctrine in tort or contract law relieving an obligor from any

injury or liability that may befall the oblige who has knowingly assumed in advance the

possibility of its occurrence.

Assurance Fund. A fund created under the Land Registration Act for the purpose of

indemnifying an injured party for any damage he may suffer as a result of an improvident or

illegal registration of land titles.

Attachment. A provisional remedy by which the property of an adverse party is taken into legal

custody, either at the commencement of an action or at any time thereafter, as a security for the

satisfaction of any judgment that may be recovered by the plaintiff of any proper party. (Adlawan

vs. Tomol, 184 SCRA 31; CEIC vs. CA, 251 SCRA 257; Spouses Salgado vs. CA, 128 SCRA 395)

Attempted Felony. A felony is attempted when the offender commences the commission of a

felony directly by overt acts, but did not perform all the acts of execution which should produce

the felony by reason of some cause or accident other than his own spontaneous desistance. (Art.

6, RPC)

Attentat Clause. A provision in an extradition treaty stipulating that assassination attempts on

the life of a head of a state or members of his family are not to be considered as political offenses

for purposes of extradition, thus making the fugitive extraditable to answer for his crimes.

Attestation Clause. A necessary clause at the end of a will denoting that the will is a duly

executed will of so many pages signed by the testator himself and at least three witnesses in the

presence of one another in each and every page, in accordance with all the formalities required

by law. (Art. 805, Civil Code)

Attractive Nuisance. The presence or maintenance on one’s premises of a potentially dangerous

attraction to children who, because of their natural curiosity, may thereby be exposed to harm or

injury, subjecting its owner or maintainer to tort liability. A swimming pool, an uncovered well,

open car trunk, deep pits, and the like are some examples of an “attractive nuisance.”

Australian Ballot System. The electoral system after which our own balloting system is

patterned which is characterized by absolute secrecy in voting.

Authorized Cause. A term which is associated with the legal termination of an employee’s

services who is without fault for a cause that cannot be attributed to him, such as the installation

of labor-saving devices, redundancy, retrenchment to prevent losses, or the closing or cessation

of business operations. (Art. 283, Labor Code)

Avulsion. A sudden change in the course of a stream or river forming the boundary between two

parcels of land such that a riparian owner loses part of his property to another riparian owner

whose property is thereby increased in size as a result of that change in the river’s or stream’s

course. In the law on property, such a change will not alter the boundaries between the riparian

owners, i.e., property ownership will not be affected, in contrast to accretion or alluvion where

the change in boundaries is gradual resulting from natural causes.