Aberratio ictus. Crim. Law. Lat. Mistake in the blow, characterized by aiming at one but hitting the other due to imprecision in the blow. People v. Sabalones, G.R. No. 123485, August 31, 1998. Compare with Error in personae.
Abogado. Sp. Lawyer or attorney- at-law. That class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. Cui v. Cui, G.R. No. L-18727, August 31, 1964.
Accident. defined as unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated. Black Law Dictionary, p. 15. 8th edition. NFD International Manning Agents, Inc. vs. Illescas, 631 SCRA 629, G. R. No. 183054, September 29, 2010.
Absolute 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 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. Court of Appeals, 301 SCRA 1.
Action for reconveyance. one that seeks to transfer property, wrongfully registered by another, to its rightful and legal owner - it is distinct from an action for quieting of title, which is filed whenever there is a cloud on the title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact, invalid, ineffective, void able, or unenforceable, and may be prejudicial to said title for purposes of removing such cloud or to quiet title. Hey vs. Quijano, 626 SCRA 800, G.R. No. 178609, August 4, 2010.
Accommodation party. neg. instrument law. - is a person who has signed the instruments as maker, drawer, acceptor or indorser without receiving value therefore and for the purpose of lending his name to some other person.
Gonzales vs. Philippine Commercial and International Bank, 644 SCRA 180, G. R. No. 180257.
Acquisitive prescription. a mode of acquiring ownership by a possessor through the requisite lapse of time. In order to ripen into ownership, possession must be in the concept of an owner, public, peaceful and uninterrupted. Heirs of Bienvenido and Araceli Tanyag vs. Gabriel, 672 SCRA 284, G. R. No. 175763, April 11, 2012.
Affirmative Defense. an allegation of new matter which, while admitting the material allegations of the complaint, expressly or impliedly, would nevertheless prevent or bar recovery by the plaintiff. Sec. 5, Rule 6, Rules of Court.
Agrarian dispute. any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farm workers's associations or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangements. Villaran vs. Department of Agrarian Reform Adjudication Board, 667 SCRA 565, G. R. No. 160882, March 7, 2012.
Agricultural lands. a land devoted to agricultural activity as defined in the act and not classified as mineral, forest, residential, commercial or industrial land. Section 3 of RA 6657 . Land Bank of the Philippines vs. Estate of J. Amado Araneta, 665 SCRA 310.
Aliunde. means from another source; from elsewhere; from outside. It is often used to refer to evidence given aliunde when meaning cannot be derived from a document or instrument itself. In certain cases, a written instrument may be explained by evidence aliunde e.g. the testimony of a witness in conversations, admissions or preliminary negotiations. It is often used to refer to evidence given aliunde when meaning cannot be derived from a document or instrument itself.
Appropriation law. One the primary and specific purpose of which is to authorize the release of public funds from the treasury.
Association of Small Landowners vs. Sec. of Agrarian Reform, G.R. No. 78742, July 14, 1989.
Artworks. The making of decorative or artistic objects by hand; the decoration of artistic objects so made; artistic work produced in quantity. Ozaeta vs. CA, G.R. No. 95226. November 18, 1993, Webster's 3rd New Intl. Dictionary.
Ascariasis. Infestation with ascaris lumbricoides. Its vehicles for transmission are the fecally contaminated food and drinks. Portal of entry is through the oral route. Chavez vs. ECC, GR L-61931, March 31, 1987.
Assessed value. the worth or value of the property as fixed by the taxing authorities for the purpose of determining the applicable tax rate; the assessed value does not necessarily represent the true or market value of the property. BF Citiland Corporation vs. Otake, 626 SCRA 220, G.R. No. 173351, July 29, 2010.
Back pay. Pay awarded for work that could have been performed by the employee except that he was prevented from doing so because of his illegal dismissal by the employer. Phil. Veterans Bank Employees Union v. Phil. Veterans Bank, G.R. No. 67125, August 24, 1990.
Baptismal certificate. 1. A private document, which, being hearsay, is not a conclusive proof of filiation (and) does not have the same probative value as a record of birth, an official or public document. (In Re: Pabellar v. CA, GR L-27298. Mar. 4, 19760) 2. While (it) may be considered (a) public document, (it) can only serve as evidence of the administration of the sacraments on the dates so specified. (It is) not necessarily competent evidence of the veracity of entries therein with respect to the child's paternity. Fernandez vs. Court of Appeals, G.R. No. 108366, February 16, 1994.
Betrayal of public trust. A new ground for impeachment under 1987 Constitution added to the existing grounds of culpable violation of the Constitution, treason, bribery, graft and corruption and other high crimes. Gonzalez III vs. Office of the President of the Philippines. 679 SCRA 614, G. R. No. 196231-32, September 4, 2012.
Bill of attainder. A legislative act which inflicts punishment without trial. People vs. Ferrer, G.R. No. L-32613-14, 48 SCRA 382, December 27, 1972, citing Cummings vs. US, 4 Wall, 277 (1867).
Bill of particulars. Rem. Law. Purposes: 1. To amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. 2. To define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. Virata vs. Sandiganbayan, G.R. No. 106527, April 6, 1993.
Blackmail. ―the extortion of money from a person by threats of accusation or exposure or opposition in the public prints,…obtaining of value from a person as a condition of refraining from making an accusation against him, or disclosing some secret calculated to operate to his prejudice.‖ In common parlance and in general acceptation, it is equivalent to and synonymous with extortion, the exaction of money either for the performance of a duty, the prevention of an injury, or the exercise of an influence. Not infrequently, it is extorted by threats, or by operating on the fears or the credulity, or by promises to conceal or offers to expose the weaknesses, the follies, or the crime of the victim. A. M. No. 7298. Pena vs. Aparicio. June 25, 2007.
Blockhead. A person deficient in understanding. People vs. Aquino, G.R. No. L-23908, October 29, 1966, citing Webster Intl. Dict., p. 290.
Breach of promise to marry. Generally, a breach of promise to marry per se is not actionable, except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. The award of
moral damages is allowed in cases specified in or analogous to those provided in Art. 2219 of the Civil Code and under Art. 21 of said Code, in relation to par. 10 of said Art. 2219. Buñag vs. CA, G.R. No. 101749, July 10, 1992.
Bargaining unit. A group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interest of all the employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. Golden Farms vs. Sec. of Labor, G.R . No. 102130, July 26, 1994.
Bystander rule. Labor. The rule that a certification election is the sole concern of the workers and the employer is regarded as nothing more than a bystander with no right to interfere at all in the election. The only exception here is where the employer has to file a petition for certification election pursuant to Art. 258 of the Labor Code because it is requested to bargain collectively. Phil. Fruits and Vegetable Ind., Inc. vs. Torres, G.R. No. 92391, July 3, 1992.
Carrier. a person or corporation who undertakes to transport or convey goods or persons from one place to another, gratuitously or for hire. Perena vs. Zarate, 679 SCRA 208, G. R. No. 157917, August 29, 2012.
Cause of action. an act or omission by which a party violates the right of another. Section 2, Rules of Court. Juana Complex I Homeowners Association, Inc. vs. Fil-Estate Land, Inc. 667 SCRA 440, G. R. No. 152272 and G. R. No. 152397, March 5, 2012.
Chain of custody. crim. law - means the duly recorded authorized movement and custody of the seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment or each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. People vs. Alivio, 649 SCRA 318,G. R. 177771, May 30, 2011.
Check. a bill of exchange drawn on a bank payable on demand. Go vs. Metropolitan Trust
& Co, G. R. No. 168842, August 11, 2010. Sec. 185, Negotiable Instruments Law.
Constructive dismissal. Exist when an act of clear discrimination, insensibility or disdain by an employer has become so unbearable to the employee leaving him with no option but to forego with his continued employment. Formantes vs. Duncan Pharmaceutical, Phil's., Inc., 608 SCRA 268, G.R. No. 170661. December 4, 2009.
Contempt of court. defined as a disobedience to the Court by acting in opposition to its authority, justice and dignity - it signifies not only willful disregard or disobedience of the court's orders, but such conduct which tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the due administration of justice. Roxas vs. Tipon. 674 SCRA 52. G. R. No. 160641-42. June 20, 2012. Corpus delicti. the body or substance of the crime, and establishes the fact that a crime has actually been committed. It has two elements namely: (1) proof of the occurrence of a certain event. (2) some persons criminal responsibility for the act. People vs. De Leon. 611 SCRA 118 (2010).
Credit card. defined as ―any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, property, labor or services or anything of value on credit.‖ Section 3(f), Republic Act 8484. Panteleon vs. American Express International, Inc, G. R. No. 174269. August 25, 2010.
Crossed check. one where two parallel lines are drawn across its face or across the corner thereof. It may be crossed generally or specially. Go vs. Metropolitan Trust & Co. G. R. No. 168842. August 11, 2010. Bataan Cigar and Cigarette Factory, Inc. v. Court of Appeals, G.R. No. 93048, March 3, 1994, 230 SCRA 643, 647; citing Associated Bank v. Court of Appeals, G.R. No. 89802, May 7, 1992, 208 SCRA 465; State Investment House v. Intermediate Appellate Court, G.R. No. 72764, 175 SCRA 310; and Vicente B. de Ocampo & Co. v. Gatchalian, 113 Phil. 574 (1961).
Coconut levy fund. a collective term referring to various funds that came from ―levies on sale of copra or equipment coconut products exacted for the most part from coconut farmers.‖ Republic vs. Sandiganbayan (First Division). 648 SCRA 47.
Controversy. A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. PAL vs. NLRC, G.R. No. 120567. March 20, 1998, citing Moreno, Phil. Law Dict., 1982 ed,, p. 136.
Decision. The adjudication or settlement of a controversy by a court of law. It goes into the roots of the controversy, makes a searching examination of the facts and issues of the case, applies the law and considers the evidence presented, and finally determines the rights of the parties. Philamlife vs. SSS, 20 SCRA 163. Decentralization of Powers. Abdication of political power in the favor of local governments units declared to be autonomous. Limbonas vs. Mangelin, 170 SCRA 786. Delivery. neg. instruments law - means that the party delivering did so for the purpose of giving effect thereto. Section 12. Negotiable Instruments Law. San Miguel Corporation vs. Puzon, Jr., 631 SCRA 48. G.R. No. 167567. September 22, 2010.
Derelict. A ship or her cargo which is abandoned and deserted at sea by those who were in charge of it, without any hope of recovering it (sine spe recuperandi), or without any intention of returning to it (sine animo revertendi). Erlanger & Galinger vs. Swedish East Asiatic Co., G. R. No. 10051. March 9, 1916.
Debitum pro debito. Lat. New debt for old debt. Basically, extinguishing the old obligation for the new one. Reyes vs. CA, G.R. No. 120817. November 4, 1996.
Detail. the movement of an employee from one agency to another without the issuance of an appointment and shall be allowed, only for a limited period in the case of employees occupaying professional, technical and scientific positions. Republic vs. Pacheco. 664 SCRA 497.
Dishonesty. defined as "intentionally making a false statement in any material fact, or practicing or attempting to practice any deception of fraud in securing his examination, registration, appointment or promotion." Re: Complaint of the Civil Service Commision, Cordillera Administrative Region, Baguio City against Rita S. Chulyao, Clerk of Court, Municipal Circuit Trial Court-Barlig, Mountain Province. 631 SCRA 413. A. M. No. P-07-2292. September 28, 2010.
Doctrine of Parens Patriae. Government as guardian of the rights of People(Government of Philippines Islands v. El Monte de Piedad, 35 SCRA 738). Doctrine of Primary Jurisdiction. The legal tenet that precludes a court arrogating unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. For example, the Department of Agrarian Reform, or DAR, will have ―primary jurisdiction‖ over agrarian disputes. (Gala vs. Ellice Agro-Industrial Corporation, 418 SCRA 431) Direct taxes. are those that are exacted from the very person who, it is intended or desired, should play them - they are impositions for which a taxpayer is directly liable on the transaction or business he is engaged in. Silkair (Singapore) Pte., Ltd. vs. Commisioner of Internal Revenue. 613 SCRA 638. G. R. No. 184398. February 25, 2010.
Earnings. A general term embracing revenue profit, or income. RCPI v. National Wages Council, G.R. No. 93044. March 26, 1992.
Ecclesiastical affair. one that concerns doctrine, creed or form of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of the membership, and the power of excluding from such associations those deemed unworthy of membership. United Church of Christ in the Philippines, Inc. vs, Bradford United Church of Christ, Inc. 674 SCRA 92. G. R. No. 171905. June 20, 2012.
Emolument. Fees, fixed salary, and compensation which the incumbent of an office
is by law entitled to receive because he holds such office or performed some service required of the occupant thereof. F.B. Moreno, Philippine Law Dictionary . Manila, Vera-Reyes, Inc. 1988.
The term ―emolument‖ includes salary, fees, compensation, perquisites, pensions, and retirement benefits. Philippine Constitution Association Inc. v. Gimenez, 122 Phil 904.
Enforced disappearances. Attended by the following characteristics: an arrest, detention, or abduction of a person by a government official or organized groups or privTe individuals acting with direct or indirect acquiescence of the government; 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 person outside the protection of law. Balao vs. Macapagal-Arroyo, 662 SCRA 312. G.R. No. 186050 and G.R. No. 186059. Dec. 13, 2011.
Ephedrine. an important precursor used in the clandestine synthesis of methamphetamine, which in crystallized form is methamphetamine hydrochloride. People vs. Noque. 610 SCRA 195.
Escheat proceedings. refer to the judicial process in which the state, by virtue of its sovereignty, steps in and claims abandoned, left vacant, or unclaimed property, without there being an interested person having a legal claim thereto; escheat is not a proceeding penalize depositors for failing to deposit to or withdraw from their accounts. Rizal Commercial Banking Corporation vs. Hi-Tri Development Corporation. 672 SCRA 514. G. R. No. 192413. June 13, 2012.
Every. Each one of a group, without exception. It means all possible and all, taken one by one. National Housing Corporation vs. Juco, 134 SCRA 173.
Evidence Aliunde. Such evidence other than those documents which the law requires to be produced to be produced in court for its examination. Reforma v. De Luna, 104 Phil 286.
Expert Witness. A person who by study or experience has acquired particular knowledge or experience upon matters of technical knowledge or experience upon matters ot technical knowledge and skill relating to a
specific business or employment. Dilag & Co. V. Merced, 45 OG 5542.
Extralegal killings. Refer to killings committed without due process of law, I.e without legal safeguards or judicial proceedings. Balao vs. Macapagal-Arroyo, 662 SCRA 312. G.R. No. 186050 and G.R. No. 186059. Dec. 13, 2011.
Exceptio firmat regulim in casibus non exceptis. Lat. Expressed exception or exemption excludes others. Tibay vs. Court of Appeals, G.R. No. 119655. May 24, 1996.
Excessive expenditures. Unreasonable expense or expenses incurred at an immoderate quantity and exorbitant price. These include expenses which exceed what is usual or proper as well as expenses which are unreasonably high, and beyond just measure or amount. They also include expenses in excess of reasonable limits. Arriola vs. COA, G.R. No. 90364. September 30, 1991, citing COA Circ. 85-55-A.
Excessive fine. A fine that exceeds the utmost limit of punishment which the vindication of the law demands. US vs. Valera, G.R. No. 8956. February 4, 1914.
Fiduciary duty. defined as a duty to act for someone else’s benefit, while subordinating one’s personal interests to that of the other person – it is the highest standard of duty implied by law. Republic vs. Sandiganbayan (First Division). 648 SCRA 47.
Finance charge. represents the amount to be paid by the debtor incident to the extension of credit. Bank of the Philippine Islands, Inc. vs. Yu. 610 SCRA 53. 2010.
Forum shopping. an act of a party, against whom an adverse judgement or order has been rendered in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or special civil action for certiorari. Catayas vs. Court of Appeals, Special Former Twentieth (20th) Division, Cebu City. 679 SCRA 614. G. R. No. 196231-32. September 4, 2012.
Falsify. To tamper with or alter. To represent falsely, distort or violate the truth. PAL, Inc. vs. NLRC, G.R. No. 87353. July 3, 1991.
Falsus in uno, falsus in omnibus. Lat. False in one part, false in everything. Lagunsad vs. CA, G.R. No. 104939. February 2, 1994.
Fiat justitia ruat coelum. Lat. Let right be done though the heavens should fall. Intl. Banking Corp. vs. Yared, 59 Phil. 72, Dec. 11, 1933.
Final and executory judgment. Rem. Law. A judgment which becomes "final and executory" by operation of law. Finality of judgment becomes a fact upon the lapse of the reglementary period to appeal if no appeal is perfected. In such a situation, the prevailing party is entitled to a writ of execution, and issuance thereof is a ministerial duty of the court. City of Manila vs. CA, G.R. No. 100626. Nov. 29, 1991. Compare with Final judgments.
Final injunction. Rem. Law. A judgment rendered after trial which perpetually restrains the party or person from the commission or continuance of the act or acts, or confirming the preliminary mandatory injunction. Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 325, citing Sec. 9, Rule 58, RoC.
Full-term baby. An infant which weighs more than 2,275 grams even if it is born before the thirty-seventh week which is less than 9.3 months. People vs. Malapo, G.R. No. 123115. August 25, 1998.
Full-time teacher. One whose total working day is devoted to the school, has no other regular remunerative employment and is paid on a regular monthly basis regardless of the number of teaching hours. UST vs. NLRC, G.R. No. 85519. February 15, 1990.
Gahasa. Tag. The word does not refer to force in general but only to force or violence when applied to a woman for the purpose of satisfying the lust of the actor. Campita vs. Villanueva, G.R. No. L-20228. November 28, 1964.
General ledger. a record of a business entity's accounts which makeup it's financial
statements, and the information contained, therein is gathered from source documents and the general ledger, the former is preferred. KEPCO Philippines Corporation vs. Commisioner on Internal Revenue. 608 SCRA 207. 2009.
Genuine issue. an issue of fact that requires the presentation of evidence as distinguished from a sham, fictitious, contrived or false claim. Eland Philippines, Inc. vs. Garcia. 613 SCRA 66. G. R. No. 173289. February 17, 2010.
Gerrymandering. A term employed to describe an apportionment of representative districts so contrived as to give an unfair advantage to the party in power. Ceniza v. Commission on Elections, L-52304, January 28, 2980; 95 SCRA 775.
Good faith. ordinarily used to describe that state of mind denoting "honesty of intention, and freedom from knowledge of circumstances which ought to put the holder on inquiry; an honest intention to abstain from taking any unconscientious advantage of another, even through technicalities of law, together with the absence of all information, notice, or benefit, or belief of facts which render transaction unconscientious". Francisco vs. Galvez, 608 SCRA 21, A.M. No. P-09-2636. Dec. 4, 2009.
Government-owned or controlled corporations. refers to both those created by special charter as well as those incorporated under the corporate code. Strategic Alliance Development Corporation vs. Radstock Securities Limited, 608 SCRA 413. G.R. No. 178158, dec. 4, 2009.
Gross negligence. one that is characterized by what of even slight care, acting or omitting to act in a situation where there is duty to act, not inadvertently but willfully and intentionally with conscious indifference to consequences insofar as other persons may be effected. Bano vs. Bachelor Express, Inc. 667 SCRA 782. G. R. No. 191703. March 12, 2012.
Grave abuse of discretion. implies a capricious and whimsical exercise of judgement tantamount to lack of jurisdiction. Casing vs. Ombudsman. 672 SCRA 500. G. R. No. 192334. June 13, 2012.
Grave abuse of authority. defines as misdemeanour committed by a public officer, who under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment or other injury – it is an act of cruelty, severity, or excessive use of authority. Romero vs. Villarosa, Jr., 648 SCRA 32.
Gratuity pay. It is not intended to pay a worker for actual services rendered. It is a money benefit given to the workers whose purpose is "to reward employees or laborers, who have rendered satisfactory and efficient service to the company.‖ Plastic Town Center Corp. vs. NLRC, G.R. No. 81176. April 19, 1989.
Gravamen. In Civil law and as used and understood in ordinary legal parlance, a lien and/or encumbrance is synonymous with ―gravamen.‖ Raminer v. Investment & Development Inc., SP-08793, June 14, 1979
Guaranty. A promise to answer for the debt, default, or miscarriage of another person. A promise to answer for the payment of some debt or the performance of some obligation, on default of such payment of performance, by a third person who is liable or expected to become liable therefor in the first instance. Cacho vs. Valles, G.R. No. 19493. August 27, 1923.
Habitual delinquency. Also Delito de habito. It is simply a fact or circumstance which, if present in a given case with the other circumstances enumerated in Rule 5 of Art. 62 of the Rev. Penal Code, gives rise to the imposition of the additional penalties therein prescribed. This is all the more true because the law itself clearly provides that the habitual delinquent must be sentenced to the penalty provided by law for his last crime in addition to the additional penalty he deserves. People vs. De Jesus, G.R. No 45198. October 31, 1936. Also Multi-recidivism.
Hambog. Tag. The word means not just braggart, but proud or arrogant. Madrona vs. Rosal, G.R. No. 39120. November 21, 1991.
Heart failure. Acute cardio-respiratory failure. De Clemente vs. Workmen's
Compensation Commission, G.R. No. L-42087. April 8, 1988.
Herencia futura. Sp. Future. Blas vs. Santos, G.R. No. L-14070. March 29, 1961.
Hierarchy of evidentiary values. (a) Proof beyond reasonable doubt at the highest level, followed by (b) clear and convincing evidence, (c) preponderance of evidence, and (d) substantial evidence, in that order. Manalo vs. Nieves-Confesor, G.R. No. 102358. November 19, 1992.
Hold-Order. An order to temporarily prevent a person from leaving the country where his departure will prejudice, hamper or otherwise obstruct the task of the PCGG in the enforcement of EOs 1 and 2, because such person is known or suspected to be involved in the properties or transactions covered by said EOs. Kwong vs. PCGG, GR 79484. December 7, 1987, PCGG Rules and Regulations dated 11 April 1986.
Homicide. Crim. Law. Elements: (a) That a person was killed; (b) that the accused killed him without any justifying circumstance; (c) that the accused had the intention to kill, which is presumed; (d) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. People vs. Rosales, G.R. No. 86390. June 30, 1993.
Honorarium. Something given not as a matter of obligation but in appreciation for services rendered. Santiago vs. COA, G.R. No. 92284. July 12, 1991.
Hydrochloride. A compound of hydrochloric acid used with the names of organic bases for convenience in naming salts, and to distinguish it from chloride which is a compound of chlorine with another element or radical. People vs. Angeles, G.R. No. 92850. June 15, 1992, citing Webster's 3rd New Intl. Dict. (1986), 1108.
Idem sonans rule. Elec. Law. An election rule which provides that a name or surname incorrectly written which, when read, has a sound similar to that name or surname of a candidate when correctly written shall be
counted in his favor. Lontoc vs. Pineda, G.R. No. L-37106. June 30, 1975.
Ignorantia juris quod quisque scire tenetur non excusat. Lat. Ignorance of the law excuses no one. Aurillo vs. Francisco, 235 SCRA 283, 289, August 12, 1994.
Illegal detainer. It consists in withholding by a person from another of the possession of a land or building to which the latter is entitled after the expiration or termination of the former's right to hold possession by virtue of a contract, express or implied. De Leon vs. CA, G.R. No. 96107. June 19, 1995. Also known as Unlawful detainer.
Ill-Gotten Wealth. from the Presidential Commission on Good Government (PCGG) Rules and Regulations – as ―any asset, property, business enterprise or material possession of persons within the purview of (E.O.) Nos. 1 and 2, acquired by them directly, or indirectly thru dummies, nominees, agents, subordinates and/or business associates. Philippine Coconut Producers Federation, Inc. (COCOFED) vs. Republic. 663 SCRA 514.
Indispensable parties. defined as parties-in-interest without whom there can be no final determination of an action. Rule 3, Sec 7 of the Rules of Court. Republic vs. Marcos-Manotoc. 665 SCRA 367.
Indirect taxes. those that are demanded, in the first instance, from, or are paid by, one person in the expectation and intention that he can shift the burden to someone else. Silkair (Singapore) Pte., Ltd. vs. Commisioner of Internal Revenue. 613 SCRA 638. G. R. No. 184398. February 25, 2010. Inquest. defined as an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly be charged in court. Leviste vs. Alameda, 626 SCRA 575, G.R. No. 182677, August 3, 2010.
Immorality. defined as to include not only
sexual matters but also conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, and dissolute ness; or is willful, flagrant or shameless conduct showing moral indifference to opinions of respectable members of the community, and an inconsiderate attitude toward good order and public welfare. Adlawan vs. Capilitan. 679 SCRA 184. A. M. No. P-12-3080. August 29, 2012. Implied Agency. derived from the acts of the principal from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority. Yun Kwan Byung vs. Philippine Amusement and Gaming Corporation. 608 SCRA 107. 2009.
Imbecile. A mentally defective person of the second lowest order of intellectual potential (mental age between 3 and 7 years), usually requiring custodial and complete protective care. People vs. Race, G.R. No. 93143. August 4, 1992, citing Miller & Keane, Encyc. & Dict. of Medicine & Nursing, 1972, p. 470.
Immigrant. 1. Any alien departing from any place outside the Philippines destined for the Philippines, other than a nonimmigrant. [Sec. 50 (j), CA 613]. 2. An alien who comes to this country either to reside permanently or for a limited duration. Chang Yung Fa vs. Gianzon, G.R. No. L-7785. November 25, 1955.
Jeopardy. Crim. Law. The peril in which an accused is placed when put on trial before a court of competent jurisdiction upon an indictment or information which is sufficient in form and substance to sustain a conviction. People vs. Vergara, G.R. No. 101557-58. April 28, 1993.
Joint and several obligation. In common law, the term corresponds to a civil law solidary obligation; that is, one of several debtors bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. Rep. Planters Bank vs. CA, G.R. No. 93073. December 21, 1992.
Journal. 1. The official record of the acts of a legislative body. Tolentino v. Sec. of Finance, G.R. No. 115525. August 25, 1994. 2. A book of
original entry in which the happenings or transactions affecting the business of a taxpayer are recorded consecutively day by day as they occur. Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 34. 3. An academic or learned periodical. [Intl. Law Dict. & Direct., 2004.
Judge de facto. A person who has the reputation of being the officer he assumes to be and yet is not a good officer in point of law because there exists some defect in his appointment or his right to exercise judicial functions at the particular time. Luna vs. Rodriguez, 37 Phil. 186, p. 192.
Judiciary Development Fund - Created by Presidential Decree No. 1949; a fund sourced from legal fees to augment the allowances of the members and personnel of the Judiciary and to finance the acquisition, maintenance, and repair of office equipment and facilities.
Judicial authority. The courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense, that is, ―the Supreme Court and such inferior courts as may be established by law." Sayo vs. Chief of Police, G.R. No. L-2128. May 12, 1948, citing Art. 125, RPC.
Judicial decisions. Decisions of the Supreme Court which apply or interpret the Constitution or the laws and are part of the legal system of the Philippines. Though not laws, they are nonetheless evidence of what the laws mean, and it is for this reason that they are part of the legal system of the Philippines. Columbia Pictures vs. CA, G.R. No. 110318. August 28, 1996, citing Paras, Civil Code of the Phil. Annotated, 12th Ed., 57.
Judicial discretion. The exercise of the judge's individual opinion and the law has wisely provided that its exercise be guided by well-known rules which, while allowing the judge rational latitude for the operation of his own individual views, prevent them from getting out of control. Basco vs. Rapatalo, AM RTJ-96-1335. March 5, 1997.
Judicial due process. Requisites: (a) There must be a court of tribunal clothed with the power to hear and determine the matter
before it; (b) jurisdiction shall have been lawfully acquired; (c) the defendant shall have an opportunity to be heard; and (d) judgment shall be rendered upon lawful hearing. Cruz, Constl. Law, 1998 Ed., p. 108, citing, Banco Español vs. Palanca, 37 Phil. 921.
Just compensation. refers to the sum equivalent to the market value of the property, broadly described to be the price fixed by the seller in open market in the usual ordinary course of legal action and competition, or the fair value of the property as between one who receives and one who desires to sell. Apo Fruits Corporation vs. Court of Appeals, 608 SCRA 200, G.R. No. 164195. December 4, 2009.
Kidnap. to carry away by unlawful force or fraud of to seize and detain for the purpose of so carrying away. People vs. Madsali. 611 SCRA 596. 2010.
Kidnapping and failure to return a minor. Elements: (a) The offender has been entrusted with the custody of the minor, and (b) the offender deliberately fails to restore said minor to his parents or guardians. People vs. Ty, G.R. No. 121519. October 30, 1996.
Kinakapatid. Tag. Godbrother. Cuison vs. Court of Appeals, G.R. No. 88539. October 26, 1993.
Kind. The term denotes a grouping, a class, grade, or genus and encompasses several objects or materials with similar traits or characteristics. People vs. Torres, G.R. No. 111289. Augut 11, 1995.
Kinilaw. Tag. Raw fish salad. People vs. Carcedo, G.R. No. 48085. June 26, 1991.
Kiskisan. Tag. Ricemill. Vda. De Limjoco vs. Dir. of Commerce, G.R. No. L-17640. November 29, 1965.
Kite. 1. n. A check drawn against uncollected funds in a bank account. [Perez v. People, GR L-43548. June 29, 1981, citing Merriam-Webster's 3rd Intl. Dict.]. 2. v. To secure the temporary use of money by issuing a negotiating worthless paper and then redeeming such paper with the proceeds of similar paper, ad infinitum.
Ballentine's Law Dict. See Associated Citizens Bank v. Ople, L-48896, February 24, 1981.
Knowingly rendering an unjust judgment. Crim. Law. Elements: (a) The offender is a judge; (b) he renders a judgment in a case submitted to him for decision; (c) the judgment is unjust; and, (d) the judge knows that his judgment is unjust [Reyes, The Rev. Penal Code (1977), Bk. II, p. 340]. The gist of the offense therefore is that an unjust judgment be rendered maliciously or in bad faith, that is, knowing it to be unjust. Annotation: Malfeasance and Misfeasance of Judges (Knowingly Rendering Unjust Judgment), 55 SCRA 308, 313-314.
Knowledge. A mental state of awareness about a fact. Dizon-Pamintuan vs. CA, G.R. No. 111426. July 11, 1994.
Knowledge of a particular fact. Cognizance, consciousness or awareness of a particular fact, or awareness of the existence of something, or acquaintance with facts, or having something within the mind's grasp with certitude and clarity. Dizon-Pamintuan vs. CA, G.R. No. 111426. July 11, 1994.
Law of the case. a term applied to an established rule that when an appellate court passes on a question and remands the case to the lower court for further proceedings, the question there settled becomes the law of the case upon subsequent appeal. Land Bank of the Philippines vs. Suntay, 662 SCRA 614. G.R. No. 188376. Dec. 14, 2011.
Laches. a failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence could or should have been done earlier; it is negligence or omission to assert a right within reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. Reyes vs. Tang Soat Ing. 662 SCRA 553. G.R. No. 185620. December 14, 2011.
Legal standing or locus standi. refers to the right of a party to come to a court of justice and make such a challenge - more particularly, it refers to his personal and substantial interest in that he has suffered or will suffer direct injury
as a result of the passage of that law. Espionage vs. Zamora, Jr., 631 SCRA 17. G. R. No. 143855. September 21, 2010.
Legislative authorization. (The second step in the government budgeting process at which) stage, Congress enters the picture and deliberates or acts on the budget proposals of the President, and Congress in the exercise of its own judgment and wisdom formulates an appropriation act precisely following the process established by the Constitution, which specifies that no money may be paid from the Treasury except in accordance with an appropriation made by law. Guingona, Jr. vs. Carague, G.R. No. 94571. April 22, 1991.
Legislative contempt. The power which though not expressly vested in Congress by the Constitution has been invoked by the legislative body to punish non-members for contempt and as a means of preserving its authority and dignity Arnault vs. Nazareno, 87 Phil. 29 (1950); Arnault vs. Balagtas, 97 Phil. 358 (1955).
Legislative rules. Rules which are in the nature of subordinate legislations, designed to implement a primary legislation by providing the details thereof. In the same way that laws must have the benefit of public hearing, it is generally required that before a legislative rule is adopted there must be hearing. Misamis Or. Assoc. of Coco Traders vs. DOF Sec., G.R. No. 108524. November 10, 1994.
Letter of Instructions. A directives of the President of the Philippines, issued in the exercise of his administrative power of control, to heads of departments and/or officers under the executive branch of the government for observance by the officials and/or employees thereof. People vs. CFI of Bulacan, G.R. No. L-53674-75. July 11, 1988.
Lex reprobat moram. Lat. The law disapproves of delay. Billones vs. CIR, G.R. No. L-17566. July 30, 1965.
Light durables. Non-consumable items portable or transportable as accompanied personal baggage in the course of travel. Customs Admin. Order 3-95, December 6, 1995.
Lottery. The term extends to all schemes for the distribution of prizes by chance, such as
policy playing, gift exhibitions, prize concerts, raffles at fairs, etc., and various forms of gambling. El Debate vs. Topacio, G.R. No. 19982. December 29, 1922, citing Horner v. US (1892).
Lye. A strongly alkaline substance used in cleaning and in making soap. People v. Hanasan, G.R. No. L-25989. September 30, 1969, citing Webster's New World Dict., Coll. Ed., p. 876.
Majority. The number greater than half or more than half of any total. Perez vs. Dela Cruz, G.R. No. L-29458. March 28, 1969, citing Webster's Intl. Dict., Unabr.
Malversation of Public Funds. according to RA 1060: Malversation of public funds or property. — Presumption of malversation. — Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property.
Misconduct. defined as a transgression of some established and definite rule of action, more particularly, unlawful behaviour or gross negligence by a public officer. Tan vs. Quitorio. 649 SCRA 12. A. M. No. P-11-2919. May 30, 2011. Monthly Alphalist of Payees. a consolidated alphabetical list of income earners from whom taxes have been withheld by the payor of income for a given return period and in whose behalf, the taxes were remitted. It contains a summary of information on taxes withheld and remitted through the monthly remittance returns showing, among others, total amounts of income/gross sales/gross receipts and taxes withheld and remitted.
Most guilty. Crim. Law. The highest degree of culpability in terms of participation in the commission of the offense, and not necessarily the severity of the penalty imposed. People vs. Ocimar, G.R. No. 94555. August 17, 1992.
Motion - A application for relief other than by a pleading. –Sec 1, Rule 15, Rules of Court
An application for an order not included in a judgment. An application made to a court or
judge for the purpose of obtaining a ruling or order directing some act to be done in favor of the applicant.
Motion for Reconsideration. The purpose of a motion for reconsideration is to point out the findings and conclusions of the decision which, in the movant’s view are not supported by law or the evidence. The movant is, therefore, very often convened to the amplification or further discussion of the same issues already passed upon by the court. Siy vs. Court of Appeals. 138 SCRA 543.
Moron lamps. Self improvised lamps, where a bottle, such as that of a San Miguel beer bottle, is filled with kerosene with a cloth serving as a wick. People vs. Urquia, Jr., G.R. No. 94787. November 19, 1991.
Mors omnia solvi. Lat. Ddeath dissolves all things. People vs. Satorre, G.R. No. L-26282. August 27, 1976.
Murder. under Article 248 of the Revised Penal Code as amended, is the unlawful killing of a person which is not parricide or infanticide, provided that treachery, inter alia, attended the killing. People vs. Mamaruncas. 664 SCRA 182.
Negligence. the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do. Perena vs. Zarate. 679 SCRA 208. G. R. No. 157917. August 29, 2012.
Necessary parties. Those whose presence is necessary to adjudicate the whole controversy, but whose interests are so far separable that a final decree can be made in their absence without affecting them. Seno vs. Mangubat, G.R. No. L-44339. December 2, 1987.
Nemo cum alterius detrimento locupletari potest. Lat. No one shall enrich himself at the expense of another. Santos vs. Court of Appeals, G.R. No. 100963. April 6, 1993.
Net Worth Method - a method used in determining the taxable income of a perso, based upon the general theory that money
and other assets in cess of liabilities of a taxpayer (after an accurate and proper adjustment of non-deductible items) not accounted for by his income tax returns, leads to the inference that part of his income has not been reported. Perez vs. Court of Tax Appeals. 103 Phil 1167.
Nocturnity. An aggravating circumstance under Art. 14 (6) of the Rev. Penal Code when it is purposely and deliberately sought by the accused to facilitate the commission of the crime [People v. Alcala, 46 Phil. 739], or to prevent their being recognized or to insure unmolested escape. [US v. Billedo, 32 Phil. 575]. Nocturnidad must concur with the intent and design of the offender to capitalize on the intrinsic impunity afforded by the darkness of night. People vs. Leyles, L-15300, May 29, 1964.
Non bis in idem. Lat. Not twice for the same. The rule on double jeopardy found in Sec. 22, Art. IV, Bill of Rights (of the 1987 Const.) Esmeña vs. Pogoy, G.R. No. L-54110, February 20, 1981.
Non-competitive bidding. A bidding where there is only one participating bidder and, hence, falls short of the requirement. There would, in fact, be no bidding at all since, obviously, the lone participant cannot compete against himself. Danville Maritime, Inc. vs. COA, G.R. No. 85285. July 28, 1989, citing Fernandez, Treatise on Govt. Contracts under Phil. Law, p. 63.
Novation. the extinguishment of an obligation by the substitution or change of the obligation by a subsequent one which extinguishes or modifies the first, either by changing the object or principal conditions, or by substituting another in place of the debtor, or by surrogating a third person in the right of the creditor. Adriatico Consortium, Inc. vs. Land Bank of the Philippines. G. R. No. 187838. 609 SCRA 403. December 23, 2009.
Nuisance candidate. defined as one who, based on the attendant circumstances, has no bonafied intention to run for the office for which the certificate of candidacy has been filed, his sole purpose being the reduction of the votes of a strong candidate, upon the expectation that ballots with only the surname of such candidate will considered stray and not
counted for either of them. Martinez III vs. House of Electoral Tribunals. 610 SCRA 53. 2010.
Nominee. refers to one who is designated to act for another usually in a limited way. Philippine Coconut Producers Federation, Inc. (COCOFD) vs. Republic. 663 SCRA 514.
O Orbiter dictum. has been defined as an opinion expressed by a court upon some question of law that is not necessary in the determination of the case before the court. Land Bank of the Philippines vs. Suntay, 662 SCRA 614. G.R. No. 188376. Dec. 14, 2011.
Obligation. Civ. Law. Elements: (a) The vinculum juris or juridical tie which is the efficient cause established by the various sources of obligations (law, contracts, quasi-contracts, delicts and quasi-delicts); (b) the object which is the prestation or conduct; required to be observed (to give, to do or not to do); and (c) the subject-persons who, viewed from the demandability of the obligation, are the active (obligee) and the passive (obligor) subjects. Asuncion vs. Court of Appeals, G.R. No. 109125. December 2, 1994.
Obligatory force or obligatoriness of contracts. 1. The characteristic of contracts whereby obligations arising therefrom have the force of law between the contracting parties and should be complied with in good faith. [Art. 1159, CC]. 2. The rule that contracts shall be obligatory in whatever form they may have been entered into, provided all the essential requisites for their validity are present. Contracts, once perfected, have the force of law between the parties who are bound to comply therewith in good faith, and neither one may, without the consent of the other, renege therefrom. Tiu Peck vs. Court of Appeals, G.R. No. 104404. May 6, 1993.
Ordinary will. A will the execution of which is governed by Arts. 804 to 809 of the Civil Code. Caneda vs. Court of Appeals, G.R. No. 103554. May 28, 1993.
Option. 1. A contract granting a person the privilege to buy or not to buy certain objects at any time within the agreed period at a fixed
price. [Paras, Civil Code of the Phil. Annotated, 1978 Ed., Vol. IV, p. 448]. 2. As used in the law on sales, it is a continuing offer or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a certain time, or under, or in compliance with, certain terms and conditions, or which gives to the owner of the property the right to sell or demand a sale. It is also sometimes called an unaccepted offer. Adelfa Properties vs. Court of Appeals, G.R. No. 111238. January 25, 1995.
Oppression. 1. The misdemeanor committed by a public officer who, under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment or any other injury, or an act of subjecting another to cruel and unjust hardship. Buta vs. Relampagos, G.R. No. 116798. September 16, 1997, citing Black's Law Dict., 6th Ed., p. 1093. 2. An act of cruelty, severity, unlawful exaction, domination or excessive use of authority. Ochate vs. Ty Deling, L- 13298, March 30, 1959, 105 Phil. 384, 390.
Oppressive. Unreasonably burdensome; unjustly severe, rigorous or harsh; overpowering or depressing to the spirit or senses. Moreno’s Law Dict., 2000 Ed., p. 325.
Optical media. A storage medium or device in which information, including sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. Sec. 3, RA 9239.
Option. 1. A contract granting a person the privilege to buy or not to buy certain objects at any time within the agreed period at a fixed price. [Paras, Civil Code of the Phil. Annotated, 1978 Ed., Vol. IV, p. 448]. 2. As used in the law on sales, it is a continuing offer or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a certain time, or under, or in compliance with, certain terms and conditions, or which gives to the owner of the property the right to sell or demand a sale. It is also sometimes called an unaccepted offer. Adelfa Properties vs. Court of Appeals, G.R. No. 111238. January 25, 1995 .
Or. The term has, oftentimes, been held to mean "and," or vice-versa, when the spirit or context of the law warrants it. Gonzales vs. Comelec, G.R. No. L-28196. November 9, 1967, citing 50 Am. Jur. 267-268.
Oviparous. A condition in which the vagina which had just delivered a baby leaves the vaginal barrel loose. The entry of a penis will leave no significant trace. People vs. Bacalso, G.R. No. 94531-32. June 22, 1992.
Probable cause. defined as "such facts as are sufficient to endanger a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial." Navarra vs. Office of the Ombudsman, 608 SCRA 355, G.R. No. 176291. Dec. 4, 2009.
Preponderance of evidence. means that the evidence adduced by one sde is, as a whole, superior to or has greater weight than that of the other. Aba vs. De Guzman, Jr., 662 SCRA 361. A.C. No. 7649, Dec. 14, 2011.
Paid-up capital. merely seed money to start a corporation or a business entity; Paid-up capitalization of PhP 5,000 is not and should not be taken as a reflection of the firm's capacity to meet its recurrent and long- term obligations - the equity portion cannot be equated to the viability of a business concern, for the best test is the working capital which consists of the liquid assets of a given business relating to the nature of the business concern. Kukan International Corporation vs. Reyes. 631 SCRA 596. G. R. No. 182729. September 10, 2010. Payment. which means not only the delivery of money but also the performance, in an other manner, of the obligation, is the operative fact which will entitle either of the solidary debtors to seek reimbursement for the share which corresponds to each of the other debtors. Navida vs. Dizon, Jr. 649 SCRA 33. G. R. No. 125078. May 30, 2011.
Proximate cause. defined as that cause,
which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. Vallacar Transit, Inc. vs. Catubig. 649 SCRA 281. G. R. No. 175512. May 30, 2011.
Power of supervision. defined as the power of a superior officer to see to it that lower officers perform their functions in accordance with law. Kida vs. Senate of the Philippines. 667 SCRA 200. G. R. No. 196271. February 28, 2012.
Prescription. a mode of acquiring ownership through the lapse of time in the manner and under the conditions laid down by law. Virtucio vs. Alegarbes. 679 SCRA 412. G. R. No. 187451. August 29, 2012.
Preliminary injunction. an order granted at any stage of an action or proceeding prior to the judgement or final order, requiring a party or a court , agency or person, to refrain from particular act or acts. Nerwin Industies Corporation vs. PNOC-Energy Development Corporation. 672 SCRA 173. G. R. No. 167057. April 11, 2012.
Political question. a question of policy, which is to be decided by the people in their sovereign capacity or by the Legislative or the Executive branch of the Government to which full discretionary authority has been delegated. Mamba vs. Lara. 608 SCRA 149. 2009. Peptic ulcer. an ulceration of the mucous membrane of the esophagus, stomach or duodenum, cause by the action of the acid gastric juice. Government Service Insurance System. 609 SCRA 32. 2009.
Pawn ticket. the pawn brokers’ receipt for a pawn. Tambunting Pawnshop, Inc. vs. Commission on Internal Revenue. 610 SCRA 514. 2010.
Qualified occupant. Tenant. The Urban Land Reform Law (PD 1517) defines the term in the same context as the term ―tenant.‖ Vergara vs. IAC, G.R. No. 74998. May 7, 1990.
Qualified person. Any citizen of the Philippines with capacity to contract, or a corporation, partnership, association, or
cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty per centum (60%) of the capital of which is owned by citizens of the Philippines: Provided, That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance agreement or mineral processing permit. [Sec. 3, RA 7942].
Qualified political agency doctrine. Under this doctrine, the different executive departments are mere adjuncts of the President. Their acts are presumptively the acts of the President until countermanded or reprobated by her. Villena vs. Secretary, 67 Phil. 451; Free Telephone Workers Union v. Minister of Labor and Employment, 108 SCRA 757 (1981).
Qualified voters. The term is equivalent to "registered voters.‖ Leyva vs. Comelec, G.R. No. L-25469. October 29, 1966.
Qualifying aggravating circumstances. Those which change the nature of the felony as treachery in murder. Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112.
Quantum valebant. Lat. As much as what is reasonably worth. Mañacop Const. Co. v. Court of Appeals, G.R. No. 122196. January 15, 1997.
Quashing of a writ of execution. Rem. Law. Grounds: A writ may be quashed or recalled only when (a) it appears that it has been improvidently issued; (b) that the writ is defective in substance; or (c) is issued against the wrong party; or (d) that the judgment debt has been paid; or (e) that the writ has been issued without authority; or (f) there is a change in the situation of the parties which makes such execution inequitable; or (g) the controversy was never submitted to the judgment of the court. Ibatan vs. Melicor, G.R. No. L-39125. August 20, 1990.
Quasi-delict. Also Culpa aquiliana, Culpa extra-contractual or Cuasi-delitos. 1. An act or omission by which a person causes damage to another, there being fault or negligence, and there being no pre-existing contractual relation between the parties, and which makes said
person liable to pay for the damage done. [Art. 2176, CC]. 2. Homologous but not identical to tort under the common law, which includes not only negligence, but also intentional criminal acts, such as assault and battery, false imprisonment, and deceit. Coca-Cola Bottlers vs. Court of Appeals, G.R. No. 110295. October 18, 1993.
Quasi in rem action. An action between parties where the direct object is to reach and dispose of property owned by them or of some interest therein. Quasha vs. Juan, G.R. No. L-49140. November 19, 1982.
Quasi-judicial. A term applied to the action, discretion, etc., of public administrative officers or bodies required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. Lupangco vs. Court of Appeals, G.R. No. L-77372. April 29, 1988.
Quasi-judicial adjudication. A determination of rights, privileges and duties resulting in a decision or order which applies to a specific situation. Lupangco vs. Court of Appeals, G.R. No. L-77372. April 29, 1988.
Quasi-judicial power. Also Administrative adjudicatory 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. Comm. of Int. Rev. vs. Court of Appeals, G.R. No. 119761. August 29, 1996.
Quasi-legislative power. Also Rule making power. The power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of nondelegability and separability of powers. Comm. of Int. Rev. vs. Court of Appeals, G.R. No. 119761. August 29, 1996.
Question of fact. There is a question of fact when the doubt arises as to the truth or the falsehood of alleged facts. Manila Bay Club vs. Court of Appeals, G.R. No. 110015. July 11, 1995.
Question of law. There is a question of fact when the doubt or difference arises as to the truth or the falsehood of alleged facts; or when the query necessarily invites calibration of the whole evidence considering mainly the credibility of witnesses, existence and relevancy of specific surrounding circumstances, their relation to each other and to the whole and the probabilities of the situation. Bernardo v. Court of Appeals, G.R. No. 101680. December 7, 1992.
Quasi-delict. defined as an act, or omission which causes damage to another, there being fault or negligence. Navida vs. Dizon, Jr. 649 SCRA 33. G. R. No. 125078. May 30, 2011.
Quo warranto proceeding. the proper legal remedy to determine the right or title to the contested public office and to oust the holder from its enjoyment. It is brought against the person who is alleged to have usurped, intruded into, or unlawfully held or exercised the public office, and may be commenced by the Solicitor General or a public prosecutor, as the case may be, or by any person claiming to be entitled to the public office or position usurped or unlawfully held or exercised by another. Topacio vs. Associate Justice of the Sandiganbayan Gregory Santos Ong and The Office of the Solicitor General. G. R. No. 179895. December 18, 2008. RULES OF COURT, Rule 66, Sec. 1. RULES OF COURT Rule 66, Sec. 5. R
Representation officer. 1. A person duly authorized to conduct and supervise certification elections. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A person duly authorized to conduct and supervise certification elections in accordance with Rule VI of the Implementing Rules of the Labor Code. Algire vs. De Mesa, G.R. No. 97622. October 19, 1994.
Representative. A person who represents or stands in the place of another; one who represents others or another in a special capacity, as an agent, and is interchangeable with ―agent." Fortune Ins. vs. CA, G.R. No. 115278. May 23, 1995, Black's Law Dict., 5th Ed., 1170.
Representative suit. The term is akin to a class suit in the limited sense that the phrases
found in Sec. 12 of Rule 3 (of the Rules of Court), "one or more may sue or defend for the benefit of all," and "the parties actually before it are sufficiently numerous and representative," are similar to the phrase "may sue or be sued without joining the party for whose benefit the action is presented or defended" found in Sec. 3 of the same Rule. In other words, both suits are always filed in behalf of another or others. That is why the two terms are sometimes used interchangeably. Liana's Supermarket vs. NLRC, G.R. No. 111014. May 31, 1996.
Reprieve. The temporary suspension of the execution of a sentence, especially of a sentence of death. Llamas vs. Orbos, G.R. No. 99031. October 15, 1991.
Reprimand. A public and formal censure or severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. Tobias vs. Veloso, G.R. No. L-40224. September 23, 1980, citing Black's Law Dict..
Republicae ut sin finis litium. Lat. It is to the interest of the state that there should be an end to litigation. Allied Banking Corp. vs. Court of Appeals, G.R. No. 108089. January 10, 1994.
Republican form of government. Pol. Law. A form of government in which all powers are vested in the executive, legislative and judiciary. City of Manila vs. Posadas, G.R. No. 23551. November 25, 1925.
Res adjudicata. Essential requisites: (a) There must be a final judgment or order; (b) said judgment or order must be on the merits; (c) the court rendering the same must have jurisdiction over the subject matter and the parties; and (d) there must be between the two cases identity of parties, identity of subject matter and identity of cause of action. Manila Golf & Country Club, Inc., G.R. No. 64948. September 27, 1994.
Res gestae. Lat. Things done. Those exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime, when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no
opportunity for the declarant to deliberate and to fabricate a false statement. People vs. Sanchez, G.R. No. 74740. August 28, 1992.
Residence. 1. The place where he (defendant) is habitually present, and from which when he departs, he intends to return. Equivalent to the term permanent abode and to the word home in the sense of a house to which one, whenever absent, intends to return. [Arevalo v. Quilatan, GR L-57892. Sep. 21, 1982, citing Vol. I, pp. 791-800, Francisco on the Rules of Court, 2nd Ed.]. 2. A place of abode, whether permanent or temporary; domicile denotes a fixed permanent residence to which when absent, one has the intention of returning. Larena vs. Ferrer, 61 Phil. 36 and Nuval vs. Guray 52 Phil. 645.
Resignation. a formal pronouncement or relinquishment of an office with the intention of relinquishing the office accompanied by the act of relinquishment. Bilbao vs. Saudi Arabian Airlines, 662 SCRA 540. G.R. No. 183915. December 14, 2011.
Res judicata. means a matter adjudged, a thing judicially acted upon or decided; a thing or matter settled by judgment; Land Bank of the Philippines vs. Pagayatan, 644 SCRA 133. G. R. No. 177190. February 23, 2011.
Representation. a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the right which the latter would have if she were living or if she could have inherited. Tumbokon vs. Legazpi, 626 SCRA 736. G.R. No. 153736. August 4, 2010.
Representation and Transportation Allowances (RATA). a fringe benefit distinct from salary. It is paid only to certain officials who, by the nature of their offices, incur representation and transportation expenses. Galang vs. Land Bank of the Philippines. 649 SCRA 574. G. R. No. 175276. May 31, 2011.
Rehabilitation. defined as the restoration of the debtor to a position of successful operation and solvency, if it is shown that it's continuance of operation is economically feasible and it's creditors can recover by way of the present
value of payments projected in the plan, more if the corporation continues as a going concern than if it is immediately liquidated. Rules of Procedure on Corporate Rehabilitation. San Jose Timber Corporation vs. Securities and Exchange Commision. 667 SCRA 13. G. R. No. 162196. February 27, 2012. Royalties. defined as payments of any kind received as consideration for: ―(i) the use of, or the right to use, any patent, trade mark, design or model, plan, secret formula or process, any copyright of literary, artistic or scientific work, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience; (ii) the use of, or the right to use, cinematograph films, or tapes for radio or television broadcasting.‖ RP-MALAYSIA TAX TREATY, Article 12, Paragraph 4(a). Commissioner of Internal Revenue vs. Smart Communications, Inc. G. R. No. 179045-46. August 25, 2010.
SALN. Statement of Assets and Liabilities. Every public officer, after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.
(Anti-Graft And Corrupt Practices Act Sec. 7)
Self-organization. means voluntary association without compulsion, threat of punishment, or threat of loss of livelihood. Bank of the Philippine Islands, Inc. vs. BPI Employees
Union - Davao Chapter - Federation of Unions in BPI Unibank. 627 SCRA 590.
Simple neglect of duty. the failure to give attention to a task, or the disregard of a duty due to carelessness or indifference. Office of the Court Administrator vs. Sarmiento. 672 SCRA 12. A. M. No. P-11-2912. April 10, 2012. Source code. the "human readable instructions that define what the computer equipment will do. Center for People Empowerment in Governance vs. Commission on Election. 631 SCRA 41. G. R. No. 189546. September 21, 2010.
Solidary Obligation. one in which each of the debtors is liable for the entire obligation, and each of the creditors is entitled to demand the satisfaction of the whole obligation from any or all of the debtors. Navida vs. Dizon, Jr. 649 SCRA 33. G. R. No. 125078. May 30, 2011. Strike. the most powerful weapon of workers in their struggle with management in the course of setting their terms and conditions of employment. Because it is premised on the concept of economic war between labor and management, it is a weapon that can either breathe life to or destroy the union and its members, and one that must also necessarily affect management and its members. 628 SCRA 119. G. R. No. 170830. August 11, 2010.
Special Allowance for the Judiciary. Created by Law (RA 9227), granting additional compensation in the form of special allowances for justices, judges and all other positions in the judiciary with the equivalent rank of justices of the court of appeals and judges of the regional trial court equivalent to 100 percent of the basic monthly specified for their respective salary grades; sourced from from legal fees.
Subpoena. A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition. -Sec. 1 Rule 21, Rules of Court
A coercive process issued by the court or judge, stating the name of the court and the title of the action or investigation , directed to a person and requiring him to attend the hearing on the trial of an action, at a stated date, time
and place. –Filipino Merchants Insurance Co. V. Medina, 78 OG 3136
Subpoena Ad Testificandum. a process to compel the attendance of a person in court so that he may give testimony therein. Rizal Surety & Insurance Co. V. Ramos
Subpoena Duces Tecum. a process directed to a person requiring him to bring with him any books, documents, or other things under his control, and to testify at the hearing or the trial of an action, or at any investigation conducted under the law. Sec. 1 Rule 21, Rules of Court
Sweetheart theory. hardly deserves any attention when an accused does not present any evidence, such as love letters, gifts, pictures, and the like to show that, indeed, he and the victim were sweethearts. People vs. Banig. 679 SCRA 133. G. R. No. 177137. August 23, 2012.
Term of office. 1. The time during which the officer may claim to hold office as of right, and fixes the interval after which the several incumbents shall succeed one another. Gaminde vs. COA, G.R. No. 140335, December 13, 2000. 2. The period during which an elected officer or appointee is entitled to hold office, perform its functions and enjoy its privileges and emoluments. Francisco vs. Men Abad, GR L-36927-28. April 15, 1974, citing Black's Law Dict., 3rd Ed., pp. 1558, 1717.
Trust - is the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property, the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter. Strategic Alliance Development Corporation vs. Radstock Securities Limited, 608 SCRA 413. G.R. No. 178158, December 4, 2009.
Trust fund - a fund that officially comes in the possession of an agency of the government or of a public officer as a trustee, agent, administrator, or that is received for the fulfillment of some obligation. Presidential Decree No. 1445. University of the Philippines vs. Dizon. 679 SCRA 54. G. R. No. 171182. August 23, 2012.
Treachery - is the direct employment of means, methods, or forms in the execution of
the crime against person, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. People vs. Lagman. 672 SCRA 512. G. R. No. 197807. April 16, 2012.
Trademark - is any distinctive word, name, symbol, emblem, sign, or device, or any combination thereof, adopted and used by a manufacturer or merchant on his goods to identify and distinguish them from those manufactured, sold, or dealt by others. Dermaline, Inc. vs. Myra Pharmaceuticals, Inc. G. R. No. 190065. August 16, 2010. Prosource International, Inc. v. Horphag Research Management SA, G.R. No. 180073, November 25, 2009, 605 SCRA 523, 528; McDonald’s Corporation v. MacJoy Fastfood Corporation, G.R. No. 166115, February 2, 2007, 514 SCRA 95, 107.
Tug. A steam vessel built for towing, synonymous with tugboat. [Luzon Stevedoring Corp. v. CA, GR L-30232. July 29, 1988, citing Bouvier's Law Dictionary].
Tuition fee. 1. Fee collected by the school in paying for the instruction. [Sec. 1, PD 577]. 2. The school charges for the subjects or course enrolled in by a pupil or student, as indicated in the respective prospectuses, colleges and universities, which may either be on a term or yearly basis or per unit or units. [Sec. 1, Rule II, PD 451].
Tumultuous affray. It takes place when a quarrel occurs between several persons and they engage in a confused and tumultuous affray, in the course of which same person is killed or wounded and the author thereof cannot be ascertained. US vs. Tandoc, G.R. No. 15635. March 16, 1920, citing Arts. 405 and 420, RPC].
Tupada. Tag. Cockfight. People v. Panganiban, G.R. No. 97969. February 6, 1995.
Turnover tax. A tax paid when a good or a service is transferred from one person to another. [Intl. Law Dict. & Direct., 2004].
Tussis. Lat. Cough. Etepha vs. Dir. of Patents, G.R. No. L-20635. March 31, 1966, Webster's 3rd Intl. Dict., 1964 ed., p. 2470.
Tutius semper est errare acquietando quam in puniendo. Lat. It is always safer to err in acquitting than in punishing. People vs. Lizada, G.R. No. 97226. August 30, 1993].
Ubi lex non distinguit nec nos distinguere debemus. Lat. When the law does not distinguish we should not distinguish. Robles vs. Zambales Chromite Mining, G.R. No. L-12560. September 30, 1958].
Ulcer. An erosion in the skin of mucous membrane (moist lining, as of mouth), along with some destruction of the tissue below. Landicho vs. WCC, G.R. No. L-45996. March 26, 1979, citing Atty.’s Dict. of Med., Schmidt.
Ultimate facts - mean the important and substantial facts which either directly form the basis of the plaintiff’s primary right and duty or directly make up the wrongful acts or omissions of the defendant. Lazaro vs. Brewmaster International, Inc. G. R. No. 182779. 628 SCRA 574. August 23, 2010. Locsin v. Sandiganbayan, G.R. No. 134458, August 9, 2007, 529 SCRA 572.
Ultimate facts. 1. Those facts which the expected evidence will support. [Salita v. Magtolis, GR 106429. June 13, 1994, citing Black's Law Dict., 4th Ed.]. 2. The essential facts constituting the plaintiff's cause of action. A fact is essential if it cannot be stricken out without leaving the statement of the cause of action insufficient. Moran, Rules of Court, Vol. 1, 1963 Ed., p. 213, cited in Remitere vs. Vda. de Yulo, G.R. No. L-19751, 28 February 1966, 16 SCRA 251.
Uncontrollable fear. A real, imminent, or reasonable fear for one's life or limb and should not be speculative, fanciful, or remote fear. People. vs. Quilloy, G.R. No. L-2313, January 10, 1951, 88 Phil. 53.
Undue injury. An injury more than necessary, excessive, improper or illegal. Jacinto vs. Sandiganbayan, G.R. No. 84571. October 2, 1989, citing Black's Law Dict., 5th Ed., p. 1370.
Unemployed. The term refers only to those who are without or are separated from employment, and does not include instances when an employee is not actually working, as
during the period of his illness. Canovas vs. Batangas Transportation Co., G.R. No. L-19868. March 31, 1965, citing Sec. 14, RA 1161, as amended.
Unfair competition. Comm. Law. 1. The employment of deception or any other means contrary to good faith by which a person shall pass off the goods manufactured by him or in which he deals, or his business, or services, for those of another who has already established goodwill for his similar goods, business or services, or any acts calculated to produce the same result. [Sec. 29, RA 166, as amended]. 2. Crim. Law. The felony committed by any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do the same with a like purpose. [Art. 189, RPC].
Unjust enrichment maxim. The maxim that states that ―no person should enrich himself at the expense of or prejudice of others.‖ Rep. vs. Court of Appeals, G.R. No. L-31303-04. May 31, 1978.
Unjustly convicted. The phrase has the same meaning as "knowingly rendering an unjust judgment‖ in Art. 204 of the Rev. Penal Code. Basbacio vs. Drilon, G.R. No. 109445. Nov. 7, 1994
Unjustly dismissed - Labor Law - refers to a dismissal that is unjustly done, that is, the employer dismisses the employee without observing due process, either substantive or procedural. Article 279, Labor Code. Escario vs. National Labor Relations Commision (Third Division), 631 SCRA 261. G. R. No. 160302. September 27, 2010.
Union security - is a generic term, which is applied to and comprehends "closed shop", "union shop", "maintenance of membership", or
any other form of agreement which imposes upon employees the obligation to acquire or retain union membership as a condition affecting employment. PICOP Resources, Inc. (PRI) vs Taneco. 627 SCRA 56. 2010.
Usurious contract. One which stipulates for the payment of more than lawful interest for the use of money, or forbearance of a debt. Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 413.
Usurpation of name. Elements: (a) There is an actual use of another's name by the defendant; (b) the use is unauthorized; and (c) the use of another's name is to designate personality or identify a person. Tolentino vs. CA, G.R. No. L-41427. June 10, 1988.
Usury. Elements: (a) A loan, express or implied; (b) an understanding between the parties that the money lent shall or may be returned; (c) that for such loan a greater rate or interest that is allowed by law shall be paid, or agreed to be paid, as the case may be; and (d) a corrupt intent to take more than the legal rate for the use of money loaned. Herrera vs. Petrophil Corp., G.R. No. L-48349. December 29, 1986.
Utang na loob. Tag. Gratitude which renders a man beholden to another, a sense of obligation which is valued as highly as pride and honor. In re: Estrada, AM 87-9-3918-RTC. October 26, 1987.
Venue. Remedial Law. an essential element of jurisdiction in criminal cases, it determines not only in the court where the offense was committed, but also the court that has the jurisdiction to try and hear the case. Union Bank of the Philippines vs. People. 667 SCRA 113. G. R. No. 192565. February 28, 2012.
Vested right. defined as one which is absolute, complete and unconditional, to the exercise of which no obstacle exists, and which is immediate and perfect in itself and not dependent upon a contingency. Heirs of Arcadio Castro, Sr. vs. Lozada. 679 SCRA 271. G. R. No. 163026. August 29, 2012.
Vague statute or act. A statute or act which lacks comprehensible standards that men of
common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in two respects: (a) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and (b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle. People vs. Nazario, G.R. No. L-44143. August 31, 1988.
Valid execution pending appeal. Requisites: (a) There must be a motion by the prevailing party with notice to the adverse party; (b) there must be good reasons for issuing execution; and (c) the good reasons should be stated in a special order. Sasan vs. Court of Appeals, G.R. No. L-77201. September 26, 1988.
Vatican City. A city in Italy which has an independent government of its own, with the Pope, who is also head of the Roman Catholic Church, as the Holy See or Head of State, in conformity with its traditions, and the demands of its mission in the world. Holy See vs. Rosario, G.R. No. 101949. December 1, 1994.
Verba intentioni, non e contra, debent inservire. Lat. Words ought to be more subservient to the intent and not the intent to the words. Phil. Consumers Foundation, Inc., vs. NTC, G.R. No. L-63318. August 18, 1984.
Verba legis non est recedendum. Lat. From the words of a statute there should be no departure. Globe-Mackay Cable and Radio Corp. vs. NLRC, 206 SCRA 701 (1992).
Victimless crimes. Those crimes where, by the very nature thereof, no damages can possibly be sustained by a private party, such as espionage, violation of neutrality, flight to enemy country or crimes against popular representation. People vs. Quijada, G.R. No. 115008-09. July 24, 1996.
Visitation right. The right of access of a noncustodial parent to his or her child or children. Silva vs. CA, G.R. No. 114742. July 17, 1997, citing Black's Law Dict., 6th Ed., p. 1572.
Void contract. One which has no force and effect from the very beginning, as if it had never been entered into, and which cannot be
validated either by time or by ratification. Palmera vs. CSC, G.R. No. 110168. August 4, 1994.
Void for vagueness doctrine. The rule that a statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in two respects: (a) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and (b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle. People vs. Nazario, G.R. No. L-44143. August 31, 1988.
Voluntary surrender. To be appreciated as a mitigating circumstance, the following elements must be present: (a) the offender has not been actually arrested; (b) the offender surrendered himself to a person in authority; and, (c) the surrender must be voluntary. All these requisites appear to have attended their surrender. People v. Canamo, G.R. No. 62043, August 13, 1985; 138 SCRA 141.
Vote cast. The exercise on a ballot of the choice of the voter on the measure proposed. Javellana vs. Executive Secretary, G.R. No. L-36142. March 31, 1973.
Voyage charter. 1. A contract for the hire of a vessel for one or a series of voyages usually for the purpose of transport in goods for the charterer. The voyage charter is a contract of affreightment and is considered a private carriage. Maritime Agencies & Services, Inc. vs. Court of Appeals, G.R. No. 77638. July 12, 1990, citing Schoenbaum, Admiralty and Maritime Law, 1987, Student Ed., p. 383. 2. A contract of affreightment, that is, a contract for the carriage of goods, from one or more ports of loading to one or more ports of unloading, on one or on a series of voyages. In a voyage charter, master and crew remain in the employ of the owner of the vessel. Litonjua Shipping Inc. vs. Natl. Seamen Board, G.R. No. 51910. August 10, 1989.
Walang-hiya. Tag. It means "shameless.‖ Gonzales vs. Arcilla, G.R. No. 27923. November 18, 1991.
Wanton attitude. A licentious act by one man towards the person of another, without regard to his rights. Moreno's Phil. Law Dict., 2nd Ed., p. 497, citing Almeda vs. Northwest Orient Airlines, CV-17413, August 8, 1990.
Warning. 1. An act or fact of putting one on his guard against an impending danger, evil consequences or penalties. Tobias vs. Veloso, G.R. No. L-40224. Sep. 23, 1980. 2. The notice printed on the tobacco product or its container and/or displayed in print or alert in broadcast or electronic media including outdoor advertising and which shall bear information on the hazard of tobacco use. [Sec. 4, RA 9211].
Week. A period of time consisting of seven consecutive days. Concepcion vs. Zandueta, 36 OG 3139 (1938); Moreno, Phil. Law Dict., 2nd Ed., 1972, p. 660).
Wholesaling. Selling to retailers or jobbers rather than to consumers or a sale in large quantity to one who intends to resell. Marsman & Co. v. First Coconut Central Co., G.R. No. L-39841. June 20, 1988, citing Black's Law Dict., 5th Ed..
Wife's separate estate. That from which the dominion and control of the husband is excluded, and from which he is to derive no benefit by reason of the marital relation. It may be equitable or statutory, according to the mode of its creation. Ossorio vs. Posadas, G.R. No. 31088. Dec. 3, 1929, citing 30 Corpus Juris, 795.
Willful. An act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently Tiu vs. NLRC, G.R. No. 83433. November 12, 1992, citing Black's Law Dict., 5th Ed., 1434.
Witchcraft. The practice or art of witches; the practice of black magic; sorcery; enchantments; intercourse with evil spirits; also an instance of such practice. People vs. Sario, G.R. No. L-20754 & L-20759. June 30, 1966.
Withholding tax system. A system under which the payee is the taxpayer, the person on whom the tax is imposed, while the payor, a separate entity, acts no more than an agent of the government for the collection of the tax in order to ensure its payment. Bank of America vs. Court of Appeals, G.R. No. 103092. July 21, 1994.
Workplace. The place or locality where the employee is regularly assigned when the cause of action arose. It shall include the place where the employee is supposed to report back after a temporary detail, assignment or travel. Cruzvale vs. Laguesma, G.R. No. 107610. November 25, 1994.
Writ of error. The method of appealing criminal cases where the appellate court can only consider errors assigned by the appellant and cannot consider the facts further than is necessary to reach a conclusion upon the errors assigned by the appellant. US vs. Padilla, G.R. No. 1883. May 1, 1905.
Writ of preliminary injunction. 1. A provisional remedy in the form of an order issued by a judge before whom the action is pending at any stage thereof prior to final judgment requiring a person to refrain from a particular act. It may also require the performance of a particular act in which case it shall be known as preliminary mandatory injunction. 2. At times referred to as the strong arm of equity, the writ of preliminary injunction, whether prohibitory or mandatory, is sought for the protection of the rights of a party before the final determination of his rights vis-à-vis others' in a pending case before the court. Heirs of Roxas vs. IAC, G.R. No. 78618. May 29, 1989.
Writ of preliminary injunction, issuance of. Requisites: (a) There must be a right in esse or the existence of a right to be protected; and (b) the act against which the injunction is to be directed is a violation of such right. Cagayan de Oro City Landless Residents Assoc. vs. CA, GR 106043, March 4, 1996 citing Sales vs. SEC, 169 SCRA 109 (1989).
Writ of sequestration. Essentially a conservatory measure, somewhat in the nature of a judicial deposit. It is a process which may be employed as a conservatory writ whenever
the right of the property is involved, to preserve, pending litigation, specific property subject to conflicting claims of ownership or liens and privileges. Bataan Shipyard Eng’g. Co. Inc. v. PCGG, G.R. No. 75885. May 27, 1987, citing 79 CJS, 1047.
Writ of Possession - define as a writ of execution employed to enforce a judgement to recover the possession of land. Metropolitan Bank & Trust Company vs. Santos. 608 SCRA 222. G. R. No. 157867. December 15, 2009. Work-related injury - defined as injury (ies) resulting in disability or death arises out of and in the course of employment. Jebsens Maritime, Inc, vs. Undag, 662 SCRA 670. G.R. No. 191491. December 14, 2011. 2000 POEA Amended Standard Terms and Conditions.
Work-related illness - defined as any sickness resulting in disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied. Jebsens Maritime, Inc, vs. Undag, 662 SCRA 670. G.R. No. 191491. December 14, 2011. 2000 POEA Amended Standard Terms and Conditions.
X-ray technology. An auxiliary branch of radiology which deals with the technical application of x-rays as aid in the diagnosis of diseases and injuries. [Sec. 3, RA 7431].
X-ray technologist. A bonafide holder of a certificate of registration for x-ray technology issued by the Board of Radiologic Technology. [Sec. 3, RA 7431].
Yardlad. Old Eng. Law. A quantity of land containing twenty acres. Co. Litt. 69.
Yalta voting formula. The voting rule in the Security Council whereby a decision on procedural matters is to be made by the affirmative vote of any nine members of the Council while a decision on non-procedural or substantive matters requires the concurrence of as many members of the body but including all the permanent members. Cruz, Intl. Law Reviewer, 1996 Ed., p. 28.
Yamin. Oath under the unique Islamic rule of procedure. Tampar vs. Usman, G.R. No. 82077. August 16, 1991.
Yawa. Vis. Devil. Madrona vs. Rosal, G.R. No. 39120. November 21, 1991.
Year. The period, in which the revolution of the earth round the sun, and the accompanying changes in the order of nature, are completed.
Yellow dog contract. 1. A name given in labor law to contract of employment by which the employee agrees to forfeit his employment if he joins a union during the period of employment. Adame vs. CIR, G.R. No. L-33221 & L-33262-63. April 28, 1975.
Youth. 1. Persons fifteen (15) to thirty (30) years old. [Sec. 3, RA 8425]. 2. Those persons whose ages range from fifteen (15) to thirty (30) years old. [Sec. 4, RA 8044].
Youthful offender. A child, minor or youth, including one who is emancipated in accordance with law who is over nine years but under eighteen years of age at the time of the commission of the offense. [Art. 189, PD 1179].
Youth organizations. Those organizations whose membership/ composition are youth. [Sec. 4, RA 8044].
Youth-serving organizations. Those registered organizations or institutions whose principal programs, projects and activities are youth-oriented and youth-related. [Sec. 4, RA 8044].
Zakat. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of RA 6848, it represents an annual tithe payable by the Bank on behalf of its shareholders and investors in compliance with Islamic Shari'a principles. [Sec. 44, RA 6848].
Zealous Witness. A witness who shows far more than expected enthusiasm when providing testimony. This may be the case when a witness may have a bias in favor of or against a party.
Zona. The dreaded military operation which was not unlike the feared practice of the kempeitai during the Japanese Occupation of rounding up the people in a locality, arresting the persons fingered by a hooded informer, and executing them outright (although the last part is not included in the modern refinement). Alih vs. Castro, GR L-69401. June 23, 1987.
Zonal Improvement Program (ZIP). The program of the National Housing Authority (NHA) of upgrading and improving blighted squatters areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances. [Sec. 3, RA 7279].
Zone resident in secured area. Any individual who, by virtue of domicile or employment, resides on permanent basis in the secured area. The term does not include individuals who have entered into short or long-term property lease but are not engaged in registered business activity in the zone, outsiders engaged in doing business within the zone, transients and/or weekenders. Customs Admin. Order 3-95, December 6, 1995.
Zoning. governmental regulation of the uses of land and buildings according to districts or zones; the term ―zoning‖ ordinarily used with the connotation of comprehensive general zoning, refers to governmental regulation of the use of land and buildings according to districts or zones. Roxas & Company, Inc. vs. DAMBA-NFSW, 608 SCRA 33, G.R. No. 149548. December 4, 2009.