LEGAL TERMS

DICTIONARY





Submitted by:

NYMPA D. VILLANUEVA
LEGAL RESEARCH


Submitted to:

ATTY. PERRY SOLIS



A
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.
B
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. Buag 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.
C
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.
D
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.
E
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.
F
Fiduciary duty. defined as a duty to act for
someone elses benefit, while subordinating
ones 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.
G
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.
H
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.
I
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.
J
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
Espaol 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.
K
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.
L
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.
M
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 movants 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.
N
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.)
Esmea 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. Morenos
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.
P
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.
Q
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. Maacop 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.
S
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.

T
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; McDonalds
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].
U
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 plaintiffs 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.
V
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.


W
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--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 Engg. 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
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].
Y
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].
Z
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.