A mensa et thoro From bed and board. A vinculo matrimonii From the bond of matrimony. Ab extra From outside.

de. Ab initio From the beginning. Absoluta sententia expositore non indiget An absolute judgment needs no expositor. Abundans cautela non nocet Abundant caution does no harm. Accessorium non ducit sed sequitur suum principale An accessory does not draw, but follows its principal. Accessorius sequitur One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender. Acta exteriora iudicant interiora secreta Outward acts indicate the inward intent. Actio non accrevit infra sex annos The action has not accrued within six years. Actio non datur non damnificato An action is not given to one who is not injured. Actio personalis moritur cum persona A personal action dies with the person. Actiones legis Law suits. Actori incumbit onus probandi The burden of proof lies on the plaintiff. Actus nemini facit injuriam The act of the law does no one wrong. Actus non facit reum nisi mens sit rea The act does not make one guilty unless there be a criminal intent. Actus reus A guilty deed or act. Ad ea quae frequentius acciduunt jura adaptantur The laws are adapted to those cases which occur more frequently. Ad hoc For this purpose. Ad infinitum Forever, without limit, to infinity. Ad perpetuam rei memoriam For a perpetual memorial of the matter. Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores The judges do not answer to a question of fact; the jury do not answer to a question of Law. Aedificare in tuo proprio solo non licet quod alteri noceat It is not lawful to build on ones own land what may be injurious to another. Aequitas legem sequitur Equity follows the law. Aequitas nunquam contravenit legem Equity never contradicts the law. Alibi At another place, elsewhere. Alienatio rei praefertur juri accrescendi Alienation is preferred by law rather than accumulation. Aliunde From elsewhere, or, from a different source Allegans contraria non est audiendus One making contradictory statements is not to be heard. Allegans suam turpitudinem non est audiendus One alleging his own infamy is not to be heard. Allegatio contra factum non est admittenda An allegation contrary to a deed is not to be heard. Ambiguitas contra stipulatorem est An ambiguity is most strongly construed against the party using it.

Ambiguitas verborum patens nulla verificatione excluditur A patent ambiguity is never helped by averment. Amicus curiae A friend of the Court. Angliae jura in omni casu libertati dant favorem The laws of England are favorable in every case to liberty. Animo furandi With an intention of stealing. Animo testandi With an intention of making a will. Annus luctus The year of mourning. Ante Before. Aqua currit et debet currere, ut currere solebat Water runs and ought to run. Arbitrium est judicium An award is a judgment. Arbor dum crescit; lignum cum crescere nescit A tree while it grows, wood when it cannot grow. Argumentum ab auctoritate fortissimum est in lege An argument drawn from authority is the strongest in law. Argumentum ab impossibilii plurimum valet in lege An argument from impossibility is very strong in law. Argumentum ad hominem An argument directed a the person. Argumentum ad ignoratiam An argument based upon ignorance (i.e. of ones adversary). Arma in armatos sumere jura sinunt The laws permit the taking up of arms against the armed. Assentio mentium The meeting of minds, i.e. mutual assent. Assignatus utitur jure auctoris An assignee is clothed with rights of his assignor. Audi alteram partem Hear the other side. Aula regis The Kings Court. Benignior sententia in verbis generalibus seu dubiis est preferenda The more favorable construction is to be placed on general or doubtful words. Bis dat qui cito dat He gives (pays) twice who pays promptly. Bona fide Sincere, in good faith Bona vacantia Goods without an owner Boni judicis est ampliare jurisdictionem It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority. Boni judicis est judicium sine dilatione mandare executioni It is the duty of a good judge to cause execution to issue on a judgment without delay. Boni judicis lites dirimere est It is the duty of a good judge to prevent litigation. Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert A good judge decides according to justice and right and prefers equity to strict law. Breve judiciale non cadit pro defectu formae A judicial writing does not fail through defect of form. Cadit quaestio The matter admits of no further argument. Cassetur billa (breve) Let the writ be quashed.

Casus fortuitus non est spectandus; et nemo tenetur divinare A fortuitous event is not to be foreseen and no person is bound to divine it. Catalla reputantur inter minima in lege Chattels are considered in law among the minor things. Causa proxima, non remota spectatur The immediate, and not the remote cause is to be considered. Caveat emptor Let the purchaser beware. Caveat venditor Let the seller beware. Cepi corpus et est languidum I have taken the body and the prisoner is sick. Cepi corpus et paratum habeo I have taken the body and have it ready. Ceteris paribus Other things being equal. Consensu Unanimously or, by general consent. Consensus ad idem Agreement as to the same things. Consuetudo loci observanda est The custom of the place is to be observed. Contemporanea expositio est optima et fortissima in lege A contemporaneous exposition is best and most powerful in law. Contra To the contrary. Contra bonos mores Against good morals. Contra non valentem agere nulla currit praescriptio No prescription runs against a person not able to act. Contractus est quasi actus contra actum A contract is an act as it were against an act. Conventio et modus vincunt legem A contract and agreement overcome the law. Conventio privatorum non potest publico juri derogare An agreement of private persons cannot derogate from public right. Coram Domino Rege In the presence of our Lord the King. Coram non judice Before one who is not a judge. Corpus Body. Corpus delicti The body, i.e. the gist of crime. Corpus humanum non recipit aestimationem A human body is not susceptible of appraisement. Crescente malitia crescere debet et poena Vice increasing, punishment ought also to increase. Crimen omnia ex se nata vitiat Crime vitiates every thing, which springs from it. Crimen trahit personam The crime carries the person. Cujus est dare, ejus est disponere He who has a right to give has the right to dispose of the gift. Cujus est solum, ejus est usque ad coelam; et ad inferos He who owns the soil owns it up to the sky; and to its depth. Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est When two things repugnant to each other are found in a will, the last is to be confirmed. Cursus curiae est lex curiae The practice of the court is the law of the court. Custos morum A guardian of morals. Damnum sine injuria damage without legal injury.

De bonis asportatis Of goods carried away. De bonis non administratis Of goods not administered. De die in diem From day to day. De facto In fact. De futuro In the future. De integro As regards the whole. De jure Rightful, by right. De minimis lex non curat The law does not notice trifling matters. De novo Starting afresh. Debile fundamentum fallit opus Where there is a weak foundation, the work fails. Debita sequuntur personam debitoria Debts follow the person of the debtor. Debitor non praesumitur donare A debtor is not presumed to make a gift. Debitum et contractus sunt nullius loci Debt and contract are of no particular place. Debitum in praesenti, solvendum in futuro A present debt is to be discharged in the future. Delegata potestas non potest delegari A delegated authority cannot be again delegated. Derivativa potestas non potest esse major primitiva The power which is derived cannot be greater than that from which it is derived. Deus solus haeredem facere potest, non homo God alone, not man, can make an heir. Dies Dominicus non est juridicus Sunday is not a day in law. Discretio est discernere per legem quid sit justum Discretion is to discern through law what is just. Doli incapax Incapable of crime. Dominium Ownership. Domus sua cuique est tutissimum refugium Every man s house is his safest refuge. Dona clandestina sunt semper suspiciosa Clandestine gifts are always suspicious. Dormiunt leges aliquando, nunquam moriuntur The laws sometimes sleep, but never die. Doti lex favet; praemium pudoris est; ideo parcatur The law favors dower; it is the reward of chastity, therefore let it be preserved. Dubitante Doubting the correctness of the decision. Duo non possunt in solido unam rem possidere Two cannot possess one thing each in entirety. Ei incumbit probatio qui The onus of proving a fact rests upon the man. Ei incumbit probatio qui dicit, non qui negat The burden of the proof lies upon him who affirms, not he who denies. Error, qui non resistitur approbatur An error not resisted is approved. Et cetera Other things of that type. Ex cathedra With official authority. Ex concessis In view of what has already been accepted/ Ex dolo malo actio non oritur A right of action cannot arise out of fraud. Ex facie On the fact of it.

Ex gratia Out of kindness, voluntary. Ex nihilo nil fit From nothing nothing comes. Ex nudo pacto actio non oritur No action arises on a contract without a consideration. Ex parte Proceeding brought by one person in the absence of another. Ex post facto By reason of a subsequent act. Ex praecedentibus et consequentibus optima fit interpretatio The best interpretation is made from things preceding and following. Ex turpi causa non oritur actio No action arises on an immoral contract. Exceptio probat regulam An exception proves the rule. Executio est executio juris secundum judicium Execution is the fulfillment of the law in accordance with the judgment. Executio est finis et fructus legis An execution is the end and the fruit of the law. Executio legis non habet injuriam Execution of the law does no injury. Extra legem positus est civiliter mortuus One out of the pale of the law (i.e. an outlaw) is civilly dead. Faciendum Something which is to be done. Factum An act or deed. Facultas probationum non est angustanda The right of offering proof is not to be narrowed. Falsa demonstratio non nocet A false description does not vitiate. Fatetur facinus qui judicium fugit He who flees judgment confesses his guilt. Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the causes of things. Felonia implicatur in qualibet proditione Felony is implied in every treason. Festinatio justitiae est noverca infortunii The hurrying of justice is the stepmother of misfortune. Fictio cedit veritati; fictio juris non est, ubi veritas Fiction yields to truth. Where truth is, fiction of law does not exist. Fides servanda est Good faith is to be preserved. Fieri facias (abreviated fi. fa.) That you cause to be made. Filiatio non potest probari Filiation cannot be proved. Firmior et potentior est operatio legis quam dispositio hominis The operation of law is firmer and more powerful than the will of man. Forma legalis forma essentialis est Legal form is essential form. Fortior est custodia legis quam hominis The custody of the law is stronger than that of man. Fractionem diei non recipit lex The law does not regard a fraction of a day. Fraus est celare fraudem It is a fraud to conceal a fraud. Fraus est odiosa et non praesumenda Fraud is odious and is not to be presumed. Fraus et jus nunquam cohabitant Fraud and justice never dwell together. Fructus naturales Vegetation which grows naturally without cultivation.

Frustra probatur quod probatum non relevat That is proved in vain which when proved is not relevant. Furor contrahi matrimonium non sinit, quia consensus opus est Insanity prevents marriage from being contracted because consent is needed. Generale nihil certum implicat A general expression implies nothing certain. Generalia praecedunt, specialia sequuntur Things general precede, things special follow. Generalia specialibus non derogant Things general do not derogate from things special. Generalis regula generaliter est intelligenda A general rule is to be generally understood. Gravius est divinam quam temporalem laedere majestatem It is more serious to hurt divine than temporal majesty.

Habeas corpus That you have the body. Habemus optimum testem confitentem reum We have the best witness, a confessing defendant. Haeredem est nomen collectum Heir is a collective name. Haeres est nomen juris, filius est nomen naturae Heir is a term of law, son, one of nature. Haeres legitimus est quem nuptiae demonstrant He is the lawful heir whom the marriage indicates. Homo vocabulum est naturae; persona juris civilis Man is a term of nature, person of the civil law. Id est (i.e) That is. Id quod commune est, nostrum esse dicitur That which is common is said to be ours. Idem The same person or thing. Idem nihil dicere et insufficienter dicere est It is the same to say nothing as not to say enough. Ignorantia facti excusat, ignorantia juris non excusat Ignorance of fact excuses, ignorance of law does not excuse. Imperium in imperio A sovereignty within a sovereignty. Impotentia excusat legem Impossibility is an excuse in the law. Impunitas semper ad deteriora invitat Impunity always leads to greater crimes. In aequali jure melior est conditio possidentis When the parties have equal rights, the condition of the possessor is better. In alta proditione nullus potest esse acessorius; sed principalis solum modo In high treason no one can be an accessory; but a principal only. In Anglia non est interregnum In England there is no interregnum. In camera In private. In casu extremae necessitatis omnia sunt communia In a case of extreme necessity everything is common. In criminalibus probationes debent esse luce clariores In criminal cases the proofs ought to be cleared than the light. In curia domini regis, ipse in propria persona jura discernit In the King s Court, the King himself in his own person dispenses justice.

In delicto At fault. In esse In existence. In extenso At full length. In fictione legis aequitas existit A legal fiction is consistent with equity. In foro conscientiae In the forum of conscience. In futoro In the future. In jure non remota causa sed proxima spectatur In law not the remote but the proximate cause is looked at. In limine At the outset, on the threshold. In loco parentis In place of the parent. In mortua manu In a dead hand. In novo casu novum remedium apponendum est In a new case a new remedy is to be applied. In omni re nascitur res quae ipsam rem exterminat In everything is born that which destroys the thing itself. In omnibus In every respect. In pari delicto potior est conditio possidentis When the parties are equally in the wrong the condition of the possessor is better. In personam Against the person. In pleno In full. In quo quis delinquit in eo de jure est puniendus In whatever thing one offends in that he is to be punished according to law. In re dubia magis inficiatio quam affirmatio intelligenda In a doubtful matter the negative is to be understood rather than the affirmative. In republica maxime conservanda sunt jura belli In a State the laws of war are to be especially observed. In situ In its place. In terrorem As a warning or deterrent. In testamentis plenius testatoris intentionem scrutamur In wills we seek diligently the intention of the testator. In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur In the delivery of writings (deeds), not what is said but what is done is to be considered. In verbis, non verba sed res et ratio quaerenda est In words, not words, but the thing and the meaning are to be inquired into. Indicia Marks, signs. Injuria non excusat injuriam A wrong does not excuse a wrong. Intentio inservire debet legibus, non leges intentioni Intention ought to be subservient to the laws, not the laws to the intention. Inter alia Amongst other things.

Interest reipublicae res judicatas non rescindi It is in the interest of the State that things adjudged be not rescinded. Interest reipublicae suprema hominum testamenta rata haberi It is in the interest of the State that men s last wills be sustained. Interest reipublicae ut quilibet re sua bene utatur It is in the interest of the State that every one use properly his own property. Interest reipublicase ut sit finis litium It is in the interest of the State that there be an end to litigation. Interim Temporary, in the meanwhile. Interpretare et concordare leges legibus est optimus interpretandi modus To interpret and harmonize laws is the best method of interpretation. Interpretatio fienda est ut res magis valeat quam pereat Such a construction is to be made that the thing may have effect rather than it should fail. Interruptio multiplex non tollit praescriptionem semel obtentam Repeated interruption does not defeat a prescription once obtained. Invito beneficium non datur A benefit is not conferred upon one against his consent. Ipsissima verba The very words of a speaker. Ipso facto By that very fact. Ira furor brevis est Anger is brief insanity. Iter arma leges silent In war the laws are silent. Judex est lex loquens A judge is the law speaking. Judex non potest esse testis in propira causa A judge cannot be witness in his own cause. Judex non potest injuriam sibi datam punire A judge cannon punish a wrong done to himself. Judex non reddit plus quam quod petens ipse requirit A judge does not give more than the plaintiff himself demands. Judiciis posterioribus fides est adhibenda Faith must be given to later decisions. Judicis est judicare secundum allegata et probata It is the duty of a judge to decide according to the allegations and the proofs. Judicium non debet esse illusorium, suum effectum habere debet A judgment ought not to be illusory; it ought to have its proper effect. Juduces non tenentur exprimere causam sententiae suae Judges are not bound to explain the reason of their judgment. Jura naturae sunt immutabilia The laws of nature are immutable. Jura publica anteferenda privatis juribus Public rights are to be preferred to private rights. Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum An oath is indivisible and it is not to be held partly true and partly false. Jurare est Deum in testem vocare, et est actus divini cultus To swear is to call God to witness and is an act of divine worship.

Jus A right that is recognised in law. Jus accrescendi praefertur oneribus The right of survivorship is preferred to incumbrances. Jus ad rem; jus in re A right to a thing; a right in a thing. Jus dicere, non jus dare To declare the law, not to make the law. Jus est norma recti; et quicquid est contra normam recti est injuria The law is a rule of right; and whatever is contrary to a rule of right is an injury. Jus naturale Natural justice. Jus naturale est quod apud omnes homines eandem habet potentiam Natural right is that which has the same force among all men. Jus scriptum aut non scriptum The written law or the unwritten law. Jusjurandum inter alios factum nec nocere nec prodesse debet An oath made between third parties ought neither to hurt nor profit. Justitia est duplec; severe puniens et vere praeveniens Justice is two-fold; severely punishing and in reality prohibiting (offences). Justitia firmatur solium The throne is established by justice. Justitia nemini neganda est Justice is to be denied to no one. Leges posteriores priores contrarias abrogant Subsequent laws repeal prior conflicting ones. Legibus sumptis desinentibus legibus naturae utendum est When laws imposed by the State fail, we must use the laws of nature. Lex aliquando sequitur aequitatem The law sometimes follows equity. Lex citius tolerare vult privatum damnum quam publicum malum The law would rather tolerate a private injury than a public evil. Lex dabit remedium The law will give a remedy. Lex dilationes abhorret The law abhors delays. Lex est judicum tutissimus ductor The law is the safest guide for judges. Lex est sanctio sancta jubens honesta et prohibens contraria The law is a sacred sanction, commanding what is right and prohibiting the contrary. Lex indendit vicinum vicini facta scire The law presumes that one neighbor knows the acts of another. Lex necessitatis est lex temporis i.e. instantis The law of necessity is the law of time, that is time present. Lex neminem cogit ad vana seu impossiblia The law compels no one to do vain or impossible things. Lex nil frustra facit The law does nothing in vain. Lex non a rege est violanda The law must not be violated even by the King. Lex non deficere potest in justitia exhibenda The law cannot fail in dispensing justice. Lex non novit patrem, nec matrem; solam veritatem The law does not know neither father nor mother, only the truth. Lex non oritur ex injuria The law does not arise from a mere injury.

Lex non requirit verificari quod apparet curiae The law does not require that to be proved which is apparent to the Court. Lex non favet delicatorum votis The law does not favor the wishes of the dainty. Lex plus laudatur quando ratione probatur The law is the more praised when it is supported by reason. Lex prospicit not respicit The law looks forwared, not backward. Lex punit mendaciam The law punishes falsehood. Lex rejicit superflua, pugnatia, incongrua The law rejects superfluous, contradictory and incongruous things. Lex spectat naturae ordinem The law regards the order of nature. Lex succurrit ignoranti The law succors the ignorant. Lex tutissima cassis, sub clypeo legis nemo decipitur Law is the safest helmet; under the shield of the law no one is deceived. Lex uno ore omnes alloquitur The law speaks to all through one mouth. Longa possessio est pacis jus Long possession is the law of peace. Longa possessio parit jus possidendi et tollit actionem vero domino Long possession produces the right of possession and takes away from the true owner his action. Magister rerum usus; magistra rerum experientia Use is the master of things; experience is the mistress of things. Major continet in se minus The greater contains the less. Majus est delictum se ipsum occidere quam alium It is a greater crime to kill one s self than another. Mala fide In bad faith. Mala grammatica non vitiat chartam Bad grammar does not vitiate a deed. Mala in se Bad in themselves. Mala prohibita Crimes prohibited. Malitia supplet aesatem Malice supplies age. Malo animo With evil intent. Mandamus We command. Maximus magister erroris populus est The people are the greatest master of error. Melior est conditio possidentis, ubi neuter jus habet Better is the condition of the possessor where neither of the two has the right. Melior testatoris in testamentis spectanda est In wills the intention of a testator is to be regarded. Meliorem conditionem suam facere potest minor deteriorem nequaquam A minor can make his position better, never worse. Mens rea Guilty state of mind. Mentiri est contra mentem ire To lie is to act against the mind. Merito beneficium legis amittit, qui legem ipsam subvertere intendit He justly loses the benefit of the law who seeks to infringe the law.

Minatur innocentibus qui parcit nocentibus He threatens the innocent who spares the guilty. Misera est servitus, ubi jus est vagum aut incertum It is a miserable slavery where the law is vague or uncertain. Mors dicitur ultimum supplicium Death is called the extreme penalty. Muilta exercitatione facilius quam regulis percipies You wil Nam nemo haeres viventis For no one is an heir of a living person. Naturae vis maxima est The force of nature is the greatest. Necessitas inducit privilegium quoad jura privata With respect to private rights necessity induces privilege. Necessitas non habet legem Necessity has no law. Necessitas publica est major quam privata Public necessity is greater than private necessity. Negligentia semper habet infortuniam comitem Negligence always has misfortune for a companion. Nemo admittendus est inhabilitare se ipsum No one is allowed to incapacitate himself. Nemo bis punitur pro eodem delicto No one can be twice punished for the same offence. Nemo cogitur suam rem vendere, etiam justo pretio No one is bound to sell his own property, even for a just price. Nemo contra factum suum venire potest No man can contradict his own deed. Nemo debet esse judex in propria causa No one can be judge in his own case. Nemo plus juris transferre ad alium potest quam ipse habet No one can transfer to another a larger right than he himself has. Nemo potest contra recordum verificare per patriam No one can verify by the country, that is, through a jury, against the record. Nemo potest esse tenens et dominus No one can at the same time be a tenant and a landlord (of the same tenement). Nemo potest facere per alium, quod per se non potest No one can do through another what he cannot do himself. Nemo potest mutare consilium suum in alterius injuriam No one can change his purpose to the injury of another. Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death. Nemo prohibetur pluribus defensionibus uti No one is forbidden to make use of several defences. Nemo punitur pro alieno delicto No one is punished for the crime of another. Nemo se accusare debet, nisi coram Deo No one should accuse himself except in the presence of God. Nemo tenetur accusare se ipsum nisi coram Deo No one is bound to accuse himself except in the presence of God. Nemo tenetur armare adversarium contra se No one is bound to arm his adversary against himself. Nexus Connection Nihil quod est inconveniens est licitum Nothing inconvenient is lawful.

Nil facit error nominis cum de corpore constat An error of name makes not difference when it appears from the body of the instrument. Nisi Unless Non compus mentis Not of sound mind and understanding Non constat It is not certain Non decipitur qui scit se decipi He is not deceived who knows that he is deceived. Non definitur in jure quid sit conatus What an attempt is, is not defined in law. Non est arctius vinculum inter homines quam jusjurandum There is no stronger link among men than an oath. Non est factum It is not his deed Non est informatus He is not informed. Non facias malum ut inde veniat bonum You shall not do evil that good may come of it. Non jus, sed seisina, facit stipitem Not right, but seisin makes a stock (from which the inheritance must descend). Non refert quid notum sit judici si notum non sit in forma judicii It matters not what is known to the judge if it is not known judicially. Non sequitur An inconsistent statement, it does not follow Nullus commodum capere potest ex sua injuria propria No one can derive an advantage from his own wrong. Nullus recedat e curia cancellaria sine remedio No one should depart from a Court of Chancery without a remedy. Omne sacramentum debet esse de certa scientia Every oath ought to be of certain knowledge. Omnia delicta in aperto leviora sunt All crimes (committed) in the open are (considered) lighter. Omnia praesumuntur contra spoliatorem All things are presumed against a wrongdoer. Omnis innovatio plus novitate perturbat quam utilitate prodeat Every innovation disturbs more by its novelty than it benefits by its utility. Optima legum interpres est consuetudo The best interpreter of laws is custom. Optimus interpres rerum est usus The best interpreter of things is usage. Pacta privata juri publico non derogare possunt Private contracts cannot derogate from public law. Par delictum Equal fault. Pari passu On an equal footing. Partus sequitur ventrem The offspring follows the mother. Pater est quem nuptiae demonstrant The father is he whom the marriage points out. Peccata contra naturam sunt gravissima Wrongs against nature are the most serious. Pendente lite nihil innovetur During litigation nothing should be changed. Per curiam In the opinion of the court. Per minas By means of menaces or threats. Per quod By reason of which.

Post mortem After death. Prima facie On the face of it. Prima impressionis On first impression. Pro hac vice For this occasion. Pro rata In proportion. Pro tanto So far, to that extent. Pro tempore For the time being. Publici juris Of public right. Quaeitur The question is raised. Quantum How much, an amount. Qui facit per alium, facit per se He who acts through another acts himself. Qui haeret in litera, haeret in cortice He who stices to the letter, sticks to the bark. Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur He who is in the womb is considered as already born as far as his benefit is considered. Qui non habet potestatem alienandi, habet necessitatem retinendi He who has not the power of alienating is under the necessity of retaining. Qui non habet, ille non dat He who has not, does not give. Qui non improbat, approbat He who does not disapprove, approves. Qui non obstat quod obstare potest facere videtur He who does not prevent what he is able to prevent, is considered as committing the thing. Qui non prohibet quod prohibere potest assentire videtur He who does not prohibit when he is able to prohibit, is in fault. Qui peccat ebrius, luat sobrius He who does wrong when drunk must be punished when sober. Qui potest et debet vetare et non vetat jubet He who is able and ought to forbit and does not, commands. Qui prior est tempore potior est jure He who is prior in time is stronger in right. Qui sentit commodum, debet et sentire onus He who derives a benefit ought also to bear a burden. Qui tacet consentire videtur He who is silent appears to consent. Quid pro quo Consideration. something for something. Quidcquid plantatur solo, solo cedit Whatever is planted in or affixed to the soil, belongs to the soil. Quod ab initio non valet, in tractu temporis non convalescit What is not valid in the beginning does not become valid by time. Quod constat curiae opere testium non indiget What appears to the Court needs not the help of witnesses. Quod necessarie intelligitur, id non deest What is necessarily understood is not wanting. Quod necessitas cogit, defendit What necessity forces it justifies. Quod non apparet, non est What does not appear, is not. Quod non habet principium non habet finem What has no beginning has no end.

Quod per me non possum, nec per alium What I cannot do through myself, I cannot do through another. Quod prius est verius est; et quod prius est tempore potius est jure What is first is more true; and what is prior in time is stronger in law. Quod vanum et inutile est, lex non requirit The law does not require what is vain and useless. Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made. Ratio est legis anima, mutata legis ratione mutatur et lex Reason is the soul of the law; when the reason of the law changes the law also is changed. Re In the matter of. Reprobata pecunia leberat solventem Money refused releases the debtor. Res Matter, affair, thing, circumstance. Res gestae Things done. Res integra A matter untouched (by decision). Res inter alios acta alteri nocere non debet Things done between strangers ought not to affect a third person, who is a stranger to the transaction. Res judicata accipitur pro veritate A thing adjudged is accepted for the truth. Res nulis Nobody s property. Respondeat superior Let the principal answer. Rex est major singulis, minor universis The King is greater than individuals, less than all the people. Rex non debet judicare sed secundum legem The King ought not to judge but according to the law. Rex non potest peccare The King can do no wrong. Rex nunquma moritur The King never dies. Rex quod injustum est facere non potest The King cannot do what is unjust. Salus populi est suprema lex The safety of the people is the supreme law. Sciens Knowingly. Scienter Knowingly. Scire facias That you cause to know. Scribere est agere To write is to act. Se defendendo In self defence. Secus The legal position is different, it is otherwise. Semper praesumitur pro legitimatione puerorum Everything is presumed in favor of the legitimacy of children. Semper pro matriomonio praesumitur It is always presumed in favor of marriage. Sententia interlocutoria revocari potest, definitiva non potest An interlocutory order can be revoked, a final order cannot be. Servitia personalia sequuntur personam Personal services follow the person. Sic utere tuo ut alienum non laedas So use your own as not to injure another s property.

Simplex commendatio non obligat A simple recommendation does not bind. Stare decisis To stand by decisions (precedents). Stet Do not delete, let it stand. Sub modo Within limits. Sub nomine Under the name of. Sub silentio In silence. Sublata causa, tollitur effectus The cause being removed, the effect ceases. Sublato fundamento, cadit opus The foundation being removed, the structure falls. Subsequens matrimonium tollit peccatum praecedens A subsequent marriage removes the preceding wrong. Suggestio falsi The suggestion of something which is untrue. Sui generis Unique. Summa ratio est quae pro religione facit The highest reason is that which makes for religion, i.e. religion dictates. Suppressio veri The suppression of the truth. Suppressio veri expressio falsi A suppression of truth is equivalent to an expression of falsehood. Talis qualis Such as it is. Terra firma Solid ground. Testamenta latissimam interpretationem habere debent Testaments ought to have the broadest interpretation. Traditio loqui chartam facit Delivery makes a deed speak. Transit terra cum onere The land passes with its burden. Ubi eadem ratio ibi idem jus, et de similibus idem est judicium When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things. Ubi jus ibi remedium est Where there is a right there is a remedy. Ubi non est principalis, non potest esse accessorius Where there is no principal, there can be no accessory. Ubi nullum matrimonium, ibi nulla dos es Where there is no marriage, there is no dower. Ultima voluntas testatoris est perimplenda secundum veram intentionem suam The last will of a testator is to be fulfilled according to his true intentio. Ut poena ad paucos, metus ad omnes, perveniat That punishment may come to a few, the fear of it should affect all. Utile per inutile non vitiatur What is useful is not vitiated by the useless. Verba chartarum fortius accipiuntur contra preferentem The words of deeds are accepted more strongly against the person offering them. Verba debent intelligi cum effectu Words ought to be understood with effect. Verba intentioni, non e contra, debent inservire Words ought to serve the intention, not the reverse. Verbatim Word by word, exactly.

Vi et armis With the force and arms. Via antiqua via est tuta The old way is the safe way. Vice versa The other way around. Vide See. Vigilantibus non dormientibus jura subveniunt The laws serve the vigilant, not those who sleep. Vir et uxor consentur in lege una persona A husband and wife are regarded in law as one person. Visitationem commendamus We recommend a visitation. Volens Willing. Volenti non fit injuria An injury is not done to one consenting to it. Voluntas in delictis non exitus spectatur In offences the intent and not the result is looked at. Voluntas reputatur pro facto The will is taken for the deed.

Abandoned Child. Under the law on domestic adoption, a person below 18 years old and has no proper parental care or guardian or whose parents have deserted him for a period of at least six continuous months and has been judicially declared as such. (Sec. 3(e), RA 8552, Domestic Adoption Act of 1998.) Abandonment. In labor law, an employer defense against the change of illegal or constructive dismissal. To exist, however, it is essential that (a) the employee must have failed to report for work or must have been absent without justifiable reason; (b) there must have been a clear intention to sever the employeremployee relationship manifested by some over acts. (Philamgen vs. Gramaje, 442 SCRA 274) Abduction. Generally, the term connotes the taking away of a woman forcibly or with intimidation, resulting in the deprivation of that womans liberty for an appreciable length of time. (US vs. Alexander, 8 Phil. 29) Absent Spouse. A spouse who has been missing for at least four years, it being unknown whether or not he or she is still alive, and the present spouse having a well-founded belief that the missing spouse is already dead. This is a defense against prosecution for a bigamous marriage. (Art. 41, Family Code) Absentee. A person whose whereabouts and existence are not known in the sense of the law allowing a subsequent marriage and for purposes of administration of the estate of the absentee and of succession. Absentee Voting the process by which qualified citizens of the Philippines living abroad, including dual citizens, exercise their right to vote for President, Vice President, Senators and Party-list

Representatives. (Sec 3(a), RA 9189, Overseas Absentee Voting Law; RA 9225, Citizenship Retention and Reacquisition Act of 2003; Loida Nicolas-Lewis, et al. vs. Comelec, GR 162759, August 4, 2006) Absolute Title. Also referred to as a title of fee simple, a non-contestable title to a thing. Absolutely Privileged Communication. In the law of libel, it pertains to privileged communication which is not actionable even if the author has acted in bad faith. An example is found in Sec. 11, Art. VI of the Constitution which exempts a member of Congress from liability for any speech or debate in the Congress or in any committee thereof. (Borjal vs. CA, 301 SCRA 1)

Abuse of Superior Strength. An aggravating circumstance, it refers to the use of force or strength far in excess of what is necessary to overcome any defense that a victim is capable of putting up by way of resistance. Academic Freedom. Generally, it refers to the right of individuals in university communities such as professors, teachers, researchers, and administrators to investigate, pursue, discuss and, in the immortal words of Socrates, to follow the argument wherever it may lead, free from internal or external interference or pressure. It pertains to the independence of an academic institution to determine for itself who may teach, what may be taught, how it shall teach, and who may be admitted to study. (Ateneo de Manila vs. Capulong, 222 SCRA 644; Regino vs. Pangasinan Colleges of Science and Technology, 443 SCRA 56) Acceleration Clause. A contractual stipulation that provides for the acceleration of the date of payment in full under certain specified conditions or circumstances, such as the failure or inability of a debtor in meeting his amortization schedule on time. Access Device. Any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, goods, services, or any other thing of value or to initiate a transfer of fundsother than a transfer originated solely by paper instrument. (Sec.3(a), RA 8484 Access Devices Regulation Act of 1998) Accessory. A person who, having knowledge of the commission of the crime, and without having participated therein, either as principal or accomplice, takes part subsequent to its commission either by profiting therefrom, or concealing its effects, or harboring or assisting in the escape of the principal of the crime. (Art. 19, Revised Penal Code) Accessory Penalty. An additional penalty which is imposed as a consequence of the principal penalty, depending on the nature of the offense, e.g., suspension, perpetual or temporary disqualification. Accion Publiciana. An action for recovery of possession of property filed one year of the dispossession. It is a plenary action in an ordinary civil proceeding to determine the better right of possession of realty independently of title. (Ramos-Balalio vs. Ramos, 479 SCRA 533) Accion Reinvindicatoria. An action for the recovery of title or ownership over a piece of land. Accomplice. A person who cooperates in the execution of the offense by previous or simultaneous acts. (Art. 18, Revised Penal Code) Accretion. A mode of acquiring property by a riparian owner which requires the concurrence of the following requisites: (a) that the accumulation of the soil or sediment is gradual and imperceptible; (b) that it is the result of the action of the waters of the river; and (c) that the land where the accretion has taken place is adjacent to the bank of the river. This is the opposite of avulsion. (Art. 457, Civil Code; Navarro vs. Intermediate Appellate Court, 268 SCRA 74) Accrued Interest. Interest which has fallen due but remains unpaid. Acknowledgment. Sometimes also referred to as verification, it is a sworn statement usually appended to a legal document or pleading that the signer or verifier acknowledges the fact that he has read and caused

the document or pleading to be prepared, and that he knows the contents thereof of his own personal knowledge. Acquisitive Prescription. The acquisition of ownership and other real rights through the lapse of time. (Art. 1106, Civil Code) Acquittal. A judgment by a court that the accused is found not guilty of the criminal charge against him and is, therefore, absolved from prosecution for that crime. Act of God. Also referred to as Fortuitious Event or Force Majeure, a natural disaster the occurrence of which cannot be foreseen or prevented, such as earthquakes, typhoons, tsunamis, floods, etc. Act of State. A sovereign act of government which cannot be the subject of a suit or be actionable in law. Act of State Doctrine. Respect for another sovereign states judicial acts. Everyone sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory. Action for Reconveyance. One that seeks to transfer property, wrongfully registered by another, to its rightful and legal owner. Action in Personam. A suit directed against specific persons and which seeks personal judgments. (Sec. 15, Rule 14, Rules of Court) Action in Rem. A suit directed against the thing or property or status of a person and which seeks a judgment with respect thereto as against the whole world. (Sec. 15, Rule 14, Rules of Court; RomualdezLicaros vs. Licaros, 401 SCRA 762) Actionable. A matter or action that creates a ground, i.e., a cause of action, or a suit at law. Acts of Lasciviousness. Unlawful sexual acts committed by persons of either sex which do not amount to rape. (Art. 336, RPC) Actual Case or Controversy. A conflict involving opposite legal claims susceptible of judicial resolution, one that is definite and concrete, touching the legal relations of parties having adverse legal interests, constituting a real and substantial controversy admitting of specific relief. (David vs. Arroyo, 489 SCRA 160) Actual Damages. Also called as compensatory damages, these are compensation to which a person is entitled for any pecuniary loss which he proves to have been duly suffered by him. (Art. 2199, Civil Code) Actual Fraud. Sometimes referred to as positive fraud, it arises from an intentional deception practiced by means of misrepresentation or concealment or a material fact. Ad Interim Appointment. An appointment made by the President during a congressional recess, effective only until disapproved by the Commission on Appointments or until the next adjournment of Congress. Ada. Customary law which forms part of Islamic Law. Unless embodied in the Muslim Code of the Philippines, it must be proven in evidence as a fact. (PD 1083, Muslim Code of the Philippines) Adhesion Contract. A contract drafted by the stronger party, then presented for acceptance to the weaker party who has no power to modify its terms. Adjudicate. The act of a judge in rendering a judgment, or making a decision between two opposed or competing claims, or upholding or denying a cause of action.

Administrative Law. The body of laws, rules and regulations, rulings and resolutions which govern the activities of the government bureaucracy as administered by the Executive Branch in the exercise of its quasi-legislative and quasi-judicial powers. Administrator (m) or Administratrix (f). The person entrusted with the care, custody and management of the estate of a deceased person until the estate is partitioned and distributed to the heirs, legatees, and devisees. (Rule 78) Admiralty Law. The branch of law which deals with maritime matters. Admission. In the law of evidence, it refers to a statement, oral or written, made by a party about the existence of a relevant fact which can be taken against him that is material in a court proceeding. Adoption. A juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. (Prasnik vs. Republic, 98 Phil. 665) ADR Provider. An institution or person accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution (ADR) system. (Sec. 3(b), RA 9285, Alternative Dispute Resolution Act of 2004) Adultery. A crime committed by a married woman who has sexual intercourse with a man other than her husband and by the man who has carnal knowledge of her, knowing her to be married even if the marriage is subsequently declared void. (Art. 333, RPC) Advance Sheet. A promulgated decision of the court which is made available in a temporary form prior to printing or publication. Adverse Claim. It usually refers to a claim that is adverse to the title of a registered owner over a certain property, e.g., a piece of land. Adverse Party. It usually refers to a party litigant in a case who would be adversely affected by the courts decision. (Sec. 3, Rule 41, Rules of Court) Adverse Possession. The exercise of proprietary rights in the concept of an owner, usually over a disputed piece of land. Advertiser. The client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated. (Sec. 4(d), RA 7394, Consumer Act of the Philippines) Advertising. The business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services, or credit. (Sec. 4(b), RA 7394) Advertising Agency. A service organization or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser. (Sec. 4, RA 7394) Advocate. A person who champions the cause of another in a court of law. It usually refers to a legal counselor- or attorney-at-law.

Aerodome. A defined area on land or water, including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and movement of aircraft. (Sec.3(b), RA 776, Civil Aeronautics Acts) Aeronautics. The science and art of flight. (Sec. 3(c), RA 776) Affidavit. An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. Affidavit of Desistance. A sworn statement, executed by a complainant in a criminal or administrative case, that he or she is discontinuing or disavowing his complaint for whatever reason he or she may site. (People vs. Dela Cerna, 390 SCRA 538) Affirmative Defense. An allegation of new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Affirmative defense include fraud, statute of limitations, release or payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.(Sec. 5, Rule 6, Rules of Court) Agabon Doctrine. A modification of the Wenphil Doctrine in that the indemnity to be paid to an otherwise legally dismissed employee has been significantly increased in cse the termination was effected without complying with the due process requirements of notice and hearing. This is to discourage dismiss now, pay later practices resorted to by employers under the Wenphil Doctrine which imposed very nominal damages only. (Art. 282, Labor Code; Agabon vs. NLRC, 442 SCRA 573) Agama Arbitration Council. An arbitration body formed to assist the Sharia courts in resolving disputes affecting domestic and family relations between parties in the areas governed by the Muslim Code of the Philippines. Age of Criminal Responsibility. The age when a juvenile who is nine years old or over but under fifteen years commits an offense with discernment. Age of Majority. Attainment of the age of 18 years. Once attained, a person gains emancipation from parental authority which means that such person is now qualified and responsible for all acts of civil life. (Art. 234, Family Code, as amended by RA 6809) Agency. A contract whereby a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. Such a person is the agent and the person he represents is called the principal. (Art. 1868, Civil Code) Agency Fee. A reasonable amount assessed and checked off by a labor union from the wage of a non-union member in the collective bargaining unit who accepts the benefits of the labor contract negotiated by the union. Note that the amount collected shall be equal to the fee collected from the members even as no check-off authorization is required in such cases. (Art. 248(e), Labor Code) Agency Shop. A union security clause in a collective bargaining agreement that requires even a nonmember or the labor organization to pay union dues as a condition of continued employment.

Agent of a Person in Authority. Any person who, by direct provision of law or by election or appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, as well as any person who comes to the aid of persons in authority. (Art. 152, RPC) Aggravating Circumstance. A circumstance which, if present in the commission of the felony, will serve to increase the penalty. It can be personal to the offender such as if he is a recidivist or is a public officer. It can pertain to how the crime is committed, e.g., with contempt or abuse of confidence, or the period of the day when the crime is committed as during nighttime. Agrarian Dispute. A case, controversy, matter or incident which involves the implementation of agrarian laws and their implementing rules and regulations, and over which the DARAB exercises primary jurisdiction, both original and appellate, to determine and adjudicate. 9Sec. 50, RA 667, CARL; Arzaga vs. Copias, 400 SCRA 148) Agrarian Reform. More commonly referred to as land reform, it means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements or alternatives to the physical redistribution of lands, such as production or profit-sharing, labor administration and the distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work. In sum, it refers to the governments program for the redistribution of lands to landless tenants and farmworkers with the ultimate objective of establishing owner-cultivator of economic-size farms as the basis of Philippine agriculture. (Sec 3(a), RA 6657, CARL) Agricultural Land. Land that is devoted to agricultural activity, and not otherwise classified as mineral, forest, residential, commercial or industrial land, thus making it subject to government acquisition under its land reform program. (Sec 3(c), RA 6657) Agricultural Tenancy. The physical possession by a person of agricultural land belonging to another for the purpose of production through the labor of the former in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain either in produce or in cash, or both. (Sec 3, RA 1199, Agricultural Tenancy Act; Mon vs. CA, 427 SCRA 165) Air Carrier. Air transportation for pay or hire, the navigation of aircraft in furtherance of a business, or the navigation of aircraft from one place to another for operation in the conduct of a business. (Sec 3(f), RA 776, Civil Aeronautics Act) Air Transportation. Service or carriage of persons, property, or mail, in whole or in part, by aircraft. (Sec 3(h), RA 776, Civil Aeronautics Act) Airway. A path through the navigable air space identified by an area specified width on the surface of the earth designated or approved by the Civil Aeronautics Administration, now called the Air Transportation Office (ATO), as suitable for air commerce or air transportation. (Sec3(n), RA 776) Airway Bill. A bill of lading which governs the relationship of shipper and carrier in the transport of goods by air.

Airworthiness. An attribute pertaining to an aircraft which means that its engine propellers, and other components and accessories, are of proper design and construction, and are safe for air navigation purposes, such design and construction being consistent with accepted engineering practice and in accordance with aerodynamic laws and aircraft science. (Sec 3(o), RA 776) Alarm. A light felony created by any person who causes alarm or danger such as firing a gun, exploding a firecracker, or otherwise commits any act calculated to disturb public tranquility. (Art. 155, RPC) Aleatory Contract. A contract whereby one of the parties or both reciprocally binds themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time. A life or non-life insurance policy is a good example of an aleatory contract. (Art. 2010, Civil Code) Alevosia. Treachery, an act involving means, methods or forms employed by the offender to insure the execution of any of the crimes against persons, without risk to himself arising from the defense which the victim or offended party might make.(Aart. 14(16), RPC) Alias. A fictitious name different from the one with which a person was registered at birth in the Local Civil Registry, or with which a person was registered in the bureau of immigration upon entry. (CA 142, as amended by RA 6085, Anti-Alias Law) Alias Writ. A writ issued by a court to replace one that was previously issued or failed to be enforced. Alibi. A weak defense based on what is usually a self-serving allegation that a person was at another place for such a period of time that it was impossible for him to have been at the place where and when the crime was committed. As a mode of deflecting criminal liability, the accused must establish with clear and convincing evidence not only that hw was somewhere else when the crime was committed but also that it was physically impossible for him to have been at the scene of the crime at the time it was committed. Alien. A person who is not a citizen of the Philippines who may be living permanently or temporarily on its soil. He enjoys the same civil or human rights of a citizen. Alienation of Affection. Actionable behavior by a third person who causes a split or loss of affection between two spouses by his wrongful conduct such that a spouse voluntarily leaves by being thus enticed away. Alimony Pendente Lite. The payment of alimony during the pendency of an action between spouses. Allision. A term in admiralty law which refers to a collision between a moving vessel and a stationary vessel or marine object. Alluvion. see Accretion. Alternative Circumstance. A circumstance which may be aggravating or mitigating depending on the nature and effects of the crime and the other condition attending its commission, e.g., relationship, intoxication, education of the offender, etc. (Art. 15, RPC) Alternative Defendants. A situation that where the plaintiff is uncertain against which of several persons hi is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other. (Sec. 13, Rule 3, Rules of Court)

Alternative Dispute Resolution. ADR for short, it refers to the procedure or method used to resolve a dispute or controversy, other that by adjudication of a presiding judge of a court or an officer of a government agency in which a neutral third party participates to assist in the resolution of issues, which includes, arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. (Sec 3(a), RA 9285, Alternative Dispute Resolution Act of 2004) Alternative Medicine. A catch-all term embracing the sum total of knowledge, skills and practices on health care, other than those embodied in biomedicince used the prevention, diagnosis, and elimination of physical or mental disorder. As a rule, it includes the use of traditional healing practices as well as herbal medicine and natural products. (RA 8423, Traditional and Alternative Medicine Act of 1997) Amicus Curiae. A friend of the court whose legal learning or expertise is judicially sought to advise on matters of which a judge may be doubtful or in need of special assistance. Amnesty. An act of the President, with the concurrence of all the members of the Congress, granting pardon to a class of offenders, usually accused or convicted of political offenses, thus absolving them of criminal liability. Generally, it refers to a general pardon extended by the President to a group of persons accused of political offenses with the effect of wiping the slate clean as regards those pardoned. (Art. VII, Sec. 19, Constitution; Tolentino vs. Catoy, 82 Phil. 300) Amortization. The extinguishment of a debt or loan through payment by installment over a stipulated period of time. Ancestral Domain. All areas generally belonging to indigenous cultural communities and indigenous peoples comprising lands, inland waters, coastal areas and natural resources therein, held under claim of ownership and possessed and occupied by them since time immemorial. (RA 8371, IPRA of 1997) Ancestral Lands. In agrarian reform, it refers to ancestral lands belonging to an indigenous cultural community, including lands in the actual, continuous and open possession and occupation of that indigenous community and its members whose right to such lands shall be protected to ensure their economic, social and cultural well-being. It also refers to lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial. (Sec. 7, RA 6657, CARL; Sec. 3, RA 7942, Philippine Mining Act of 1995) Ancient Document. A document which has been in existence for more than 30 years since its execution. To be admissible in evidence without further proof of its authenticity, it must be found in the possession of its proper custodian, and not blemished or marred by suspicious alterations or markings. Answer. The pleading in which a defending party sets forth his defenses against the complaint which must be filed within 15 days after service of summons. (Sec. 4, Rule 11, ROC) Antedated Check. A check that is dated earlier than when it was actually drawn or delivered to make it appear that it had been drawn earlier but delayed in delivery. Note that it is not invalid for that reason unless it is drawn for an illegal or fraudulent purpose. (Sec. 8, ACT 2031, Negotiable Instruments Law)

Antichresis. A contract that entitles the creditor to receive the fruits of an immovable property of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit. (Art. 2132, Civil Code) Anti-Dumping Duty. The amount of duty levied on a dumped product, commodity or article of commerce to discourage its importation into the Philippines. (RA 8752, Anti-Dumping Act of 1999) Antique. A rare cultural item or property which is at lest 100 years old. (Sec.3, RA 4846, Cultural Properties Preservation and Protection Act) Anti-Subversion Act. The law which criminalizes any act or conspiracy to overthrow the government for the purpose of establishing a totalitarian regime, and to a place the government under the control and domination of an alien power. (Sec. 2, RA 1700, Anti-Subversion Act) Apparent Easement. An easement which is made known and is continually kept in view by external signs that reveal the use and enjoyment of the same. (Art. 615, Civil Code) Appeal. The remedial procedure by which an aggrieved party elevates the decision of a lower court to a higher court for review and reconsideration with a view to having it reversed or modified. Appeal by Certiorari. An appeal to the Supreme Court where, generally, only questions of law are raised or involved. Note that review by the Supreme Court is not a matter of right but of sound judicial

discretion. (Rule 45, Rules of Court) Appearance. A judicial term to denote a partys or a counsels voluntary submission to a courts jurisdiction. Appellant. The party in a case who appeals a lower courts decision to a higher court. Appellee. The prevailing party in a case against whom a decision is appealed to a higher court. Apprentice. A worker who is covered by a written apprenticeship agreement with an individual employer, who is at least 14 years old, engaged in a trade or occupation which requires practical training on the job, supplemented by theoretical instruction. As a rule, the period of apprenticeship shall not exceed six months for which the apprentice must be compensated at a rate not lower that 75 percent of the applicable minimum wage. The term is no to be confused with a learner. (Art. 58, Labor Code) Apprenticeship. Practical training on the job supplemented by related theoretical instruction. (Sec 58(a), Labor Code) Appropriations Law a statute, the primary and specific purpose of which, is to authorize release of public funds from treasury. Arbitrary Detention. The detention of a person by a public officer without legal grounds. But even with legal grounds, the delay in the delivery of a detained person to the proper judicial authorities may result in arbitrary detention. It is to be differentiated from illegal detention. (Arts. 124-125, RPC) Arbitration. A form of alternative dispute resolution whereby a disinterested person or a panel of three or more persons is selected by a contending parties to act as arbiter or judge in settling their dispute or respective claims against one another. Archipelagic Doctrine. An integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. Animaginary single baseline is drawn around the

islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Main purpose is to protect the territorial interests of an archipelago. (see last sentence, Art. I, Constitution) Archipelago. A group of islands, such as the Philippines, so close to each other that they are historically regarded as an intrinsic wholegeographically, economically and politicallyand this includes the natural features and seas between the islands which are considered as internal archipelagic waters. Arraignment. A formal procedure in criminal prosecution to afford an accused due process and it is also the means of implementing the constitutional rights of an accused to be informed of the nature and cause of the accusation against him. It refers to the appearance of the accused in open court wherein he is informed of the complaint or information against him before he is required to enter his plea of guilty or not guilty of the crime imputed to him. (Sec. 1, Rule 116, Rules of Court; People vs. Nuela, 366 SCRA 705) Arrest. The taking of a person into custody in order that he may be bound to answer for the commission of an offense. (Sec. 1, Rule 113, ROC) Arresto Mayor. A penalty whose duration ranges from one day to 30 days of incarceration. Arson. A felony committed by any person who burns or sets the property of another or even his own property on fire when done under circumstances which pose a danger to the life or property of another. (Sec. 1, PD 1613) Artificial Insemination. The impregnation of a female with semen from a male without sexual intercourse. The child born as a result of this procedure is considered a legitimate child if born during the marriage of the parents, with their permission and authority. (Art. 164, Family Code) Assignment of Credit. An agreement by virtue of which the owner of a credit, known as the assignor, by a legal cause, such as sale, dacion en pago, exchange or donation, and without the consent of the debtor, transfers his credit and accessory right to another, known as the assignee, who acquires the power to enforce it to the same extent as the assignor can enforce against the debtor. (Lo vs. KJS Eco-Formwork System Phil., Inc., 413 SCRA 182) Assignment of Errors. A recitation of specific errors claimed to have been committed by lower court to enable the appellate court and the opposing party to determine as to what points the appellant intends to ask for a reversal of judgment.(People vs. Dela Concha, 389 SCRA 280) Assumpsit. A common law term which refers to the recovery of damages for the non-performance of a contract. Assumption of Jurisdiction. It usually refers to an act of the Secretary of the DOLE which amounts to a cease-and-desist order prohibiting a union from striking whenever in his opinion there exists a labor dispute causing or like to cause a strike or lockout in an industry that is indispensable to the national interest by resolving the dispute himself or certifying it to the NLRC for compulsory arbitration. Assumption of Risk Doctrine. A doctrine in tort or contract law relieving an obligor from any injury or liability that may befall the oblige who has knowingly assumed in advance the possibility of its occurrence. Assurance Fund. A fund created under the Land Registration Act for the purpose of indemnifying an injured party for any damage he may suffer as a result of an improvident or illegal registration of land titles.

Attachment. A provisional remedy by which the property of an adverse party is taken into legal custody, either at the commencement of an action or at any time thereafter, as a security for the satisfaction of any judgment that may be recovered by the plaintiff of any proper party. (Adlawan vs. Tomol, 184 SCRA 31; CEIC vs. CA, 251 SCRA 257; Spouses Salgado vs. CA, 128 SCRA 395) Attempted Felony. A felony is attempted when the offender commences the commission of a felony directly by overt acts, but did not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. (Art. 6, RPC) Attentat Clause. A provision in an extradition treaty stipulating that assassination attempts on the life of a head of a state or members of his family are not to be considered as political offenses for purposes of extradition, thus making the fugitive extraditable to answer for his crimes. Attestation Clause. A necessary clause at the end of a will denoting that the will is a duly executed will of so many pages signed by the testator himself and at least three witnesses in the presence of one another in each and every page, in accordance with all the formalities required by law. (Art. 805, Civil Code) Attractive Nuisance. The presence or maintenance on ones premises of a potentially dangerous attraction to children who, because of their natural curiosity, may thereby be exposed to harm or injury, subjecting its owner or maintainer to tort liability. A swimming pool, an uncovered well, open car trunk, deep pits, and the like are some examples of an attractive nuisance. Australian Ballot System. The electoral system after which our own balloting system is patterned which is characterized by absolute secrecy in voting. Authorized Cause. A term which is associated with the legal termination of an employees services who is without fault for a cause that cannot be attributed to him, such as the installation of labor-saving devices, redundancy, retrenchment to prevent losses, or the closing or cessation of business operations. (Art. 283, Labor Code) Avulsion. A sudden change in the course of a stream or river forming the boundary between two parcels of land such that a riparian owner loses part of his property to another riparian owner whose property is thereby increased in size as a result of that change in the rivers or streams course. In the law on property, such a change will not alter the boundaries between the riparian owners, i.e., property ownership will not be affected, in contrast to accretion or alluvion where the change in boundaries is gradual resulting from natural causes.

Bad Faith. It connotes a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of sworn duty through some motive or intent or ill will. (Llorente vs. Sandiganbayan, 287 SCRA 382) Bail. Security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under conditions specified under the rules of court. (see Sec. 1, Rule 114, Revised Rules of Criminal Procedure). Balancing of interest rule. When particular conduct is regulated in interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to

determine which of the 2 conflicting interests demands the greater protection under the particular circumstances presented (American Communications Association v. Douds, 339 US 282). Band. A group of malefactors numbering more than three, it may be an aggravating circumstance when the members of the group shall have acted in concert in the commission of a crime. (Art. 14(6), RPC) Bangalore Draft. The draft, agreed to by world jurists in a judicial conference held in Bangalore, India, and adopted as the model by the Supreme Court of the Philippines in promulgating the New Code of Judicial Conduct for the Philippine Judiciary and theCode of Conduct for Court Personnel, both of which too effect on June 1, 2004. (AM No. 03-05-01-SC, April 27, 2005) Bank. An entity engaged in the lending of funds obtained in the form of deposits. (Sec. 3, RA 8791, General Banking Law of 2000) Bank Secrecy Law. Republic Act No. 1405, the law which mandates that deposits in banks, including investments in government bonds, are to be considered as absolutely confidential in nature. As such, they may not be inquired into except upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court. The purpose of the law is to encourage the people to deposit their money in the banks and discourage hoarding so that they can be made available as loans to contribute to the economic development of the country. Bar. The collective reference to the profession of law comprising all the lawyers who have been admitted to the bar, taken their oath, and whose names appear in the Roll of Attorneys. (Garcia vs. De Vera, 418 SCRA 27) Barangay. The basic unit of local government which serves as the primary planning and implementing unit of government policies and programs in the community, and acts as a forum wherein the collective views of the people may be expressed, and their disputes amicably settled. (Sec. 384, RA 7160, Local Government Code of 1991) Bargainable Employee. Generally, it refers to a rank-and-file employee who belongs to an established collective bargaining unit. Bargaining Representative. A legitimate labor organization or any officer or agent thereof, whether or not working for the employer, which speaks for and represents the members of that organization in its dealings with the employer, e.g., collective bargaining negotiations, grievance handling, etc. (Art. 212(j), Labor Code) Barratry. Any willful misconduct by the master of a vessel in pursuance of some unlawful or fraudulent purpose without the consent of the owner and to the prejudice of the owners interest. (Roque vs Intermediate Appellate Court, 139 SCRA 596) Basic Necessities. Under the law, is defined by enumerating what it embraces, namely, rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles, and drugs classified as essential by the Department of Health. (Sec. 3(1), RA 7581, The Price Act)

Battered Woman Syndrome. A defined pattern of psychological ad behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Those found by the courts to be suffering from this syndrome do not incur any criminal or civil liability, notwithstanding the absence of any of the elements to justify self-defense under the Revised Penal Code. (Sec. 3(D)(c) and Sec. 26, RA 9262; People vs. Genosa, 419 SCRA 537) Battery. An act of inflicting physical harm upon the woman or her child resulting in physical and psychological or emotional distress. (Sec.3 (D)(b), RA 9262) Bench Warrant. A common law term which ordinarily refers to a court order for the arrest of a person to compel his attendance in a hearing before the court, either as a witness who has ignored a duly issued subpoena, or a defendant charged with contempt of court. Beneficial Owner. Any person who, directly or indirectly, through any contract arrangement,

understanding, relationship or otherwise, possesses or shares voting power in regard of any security as to its investment disposition. Beneficial Ownership. One that is recognized by law and capable of being enforced in the courts at the suit of the beneficial owner. Note that this is to be differentiated from naked ownership, which is the enjoyment of all the benefits and privileges of ownership, as against possession of the bare title of property. Berry Rule. Criteria that must be observed before a new trial may be granted by the courts on the ground of newly discovered evidence. Thus, it must be shown (a) that the evidence was discovered after trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (c) that it is material, not merely cumulative, corroborative, or impeaching; and (d) the evidence is of such weight that it would probably change the judgment if admitted. (Gen. Luther Custodio vs. Sandiganbayan, 453 SCRA 24, citing Berry vs. State of Georgia, 10 GA 511 (1851)) Best Evidence Rule. The rule that the original document itself is the best evidence of what it contains. It is only when the original document cannot be produced that a secondary or other evidence of its contents may be adduced. Best Interest of the Child. The totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the childs physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. (Sec. 4(b), RA 9344, Juvenile Justice and Welfare Act of 2006) Betting. A wager of money or article of value upon the result of any game, races and other sports contests. (Sec. 1(a), PD 483) Bidding. In its comprehensive sense, it means making an offer or an invitation to prospective contractors whereby the government manifests its intention to make proposals for the purpose of procuring supplies, materials and equipment for official business or public use, or for public works or repair. (JG Summit vs. CA, 412 SCRA 10) Bigamous Marriage. A marriage contracted by any person during the subsistence of a previous marriage and is, therefore, null and void. (Art. 41, Family Code)

Bigamy. The punishable act of any person who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. (Art. 349, RPC) Bill of Attainder. A legislative act which inflicts punishment without judicial trial. It is against the Constitution to enact such a bill into law. (Sec. 22, Art. III, 1987 Constitution) Bill of Exchange. An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or a fixed or determinable future time a sum certain in money to order or to bearer. (Sec. 126, Act 2031, The Negotiable Instruments Law) Bill of Lading. The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight. (Art. 350, Code of Commerce) Bill of Particulars. A motion by the adverse party for a more detailed statement of any matter which is not averred with sufficient definiteness or particular to enable him to prepare properly his responsive pleading. Such a detailed listing and explanation of the claims made by the plaintiff may b required by the court on its own or at the instance of the other party to the case. (Sec. 1, Rule 12) Bill of Rights. A constitutional listing of the rights of citizens which defines the scope and extent of the States power to interfere with the exercise of those rights to the end that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws, among 21 other rights enumerated under Article III of the 1987 Constitution. Blackmail. A crime of extortion committed by any person who threatens another to publish a libel concerning him or his parents, spouse, child, or other members of his family, or who offers to prevent the publication of such libel for a monetary consideration. (Art. 356, RPC) Blanket Clause. See Dragnet Clause. Boiler Room Sales. A price manipulation scheme in securities trading by the use of high-pressure sales tactics to promote purchases as sales of certain stocks. BOT Scheme. An acronym which stands for build-operate-and-transfer scheme, it refers to a contractual arrangement with the government whereby the contractor undertakes the construction , including financing, of a given infrastructure facility, and the operation and maintenance thereof. It admits of variations, the most common of which is simply a build-and-transfer arrangement. (Sec. 2, RA 6957) Bouncing Check. A check that is dishonored for encashment by a drawee bank upon presentment for the reason that the drawer does not have sufficient funds to cover the amount of the check. (Sec. 1, BP 22) Boundary System. A system whereby the franchise holder of a jeepney or taxi rents out his vehicle for a fixed sum called the boundary to a driver-operator whose income thereon depends on his earnings in excess of the boundary. Its legality is deemed questionable. Bribery. See Direct Bribery and Indirect Bribery. Brief. A legal paper containing arguments and discussions usually concerning a contentious point of law under a certain set of facts and circumstances.

Brigand. A member in a gang of robbers comprising more than three armed persons who conspire to commit robbery in the highway, kidnapping for ransom, or for other purpose to be attained by means of force and violence. (Art. 306, RPC) Brigandage. A grave felony committed by more than three armed persons who constitute themselves into a band of robbers for the purpose of committing robbery on the highway or kidnapping for ransom, or to attain any other purpose by means of force or violence. (Art. 306, RPC) Broker. A person engaged in the business of buying and selling securities for the account of others. He is usually the middleman who ordinarily acts as an agent for both parties to a transaction, on a commission, negotiating contracts relative to the property with the custody of which he has no concern. Build-and-Transfer. A contractual arrangement whereby the project proponent undertakes the financing and construction of a given infrastructure or development facility, and after its completion turns it over to the government agency or local government unit concerned, which shall pay the proponent on an agreed schedule the amount of its total investments expended on the project, plus a reasonable rate or return thereon. (Sec 2(c), RA 7718, Build-Operate-Transfer Law) Builder in Good Faith. A person who builds, believing that the land he is building on belong to him, or that by some title he has the right to build thereon, and is ignorant of any defect or flaw in his title. (Art. 448, Civil Code; Rosales vs. Castelltort, 472 SCRA 144) Bulk Buying. In realty law, it refers to purchase by a person, natural or juridical, of more than one saleable lot or unit within an HLURB-approved subdivision for the purpose of reselling the same with or without introducing alteration on the approved plan. (Sec. 1, HLURB Adm. Order No. 09, Series of 1994, pursuant to PD 957) Burden of Evidence. The onus that the party must carry to overcome the weight of the evidence which has tilted against him. Thus, it may shift back and forth during the course of the trial depending on who is better able to sustain a prima facie case in his favor. On the other hand, the burden of proof remains from the first to the last upon the party whose task is to establish the truth of his allegation. Burden of Proof. The duty of a party to present evidence on the facts in issue necessary to establish his claims or defense by the amount of evidence required by law. (Sec. 1, Rule 131) Buy-Bust Operation. A form of entrapment sanctioned by law whereby ways and means are resorted to for the purpose of trapping and capturing law breakers in the execution of their criminal plan. (People vs. Zheng Hai Hai, 338 SCRA 420)

Cadastral Proceeding. A quasi-judicial or administrative proceeding which involves the identification of various lots embraced in a survey and adjudication of their titles, usually undertaken at the initiative of the Land Registration Authority or Bureau of Lands. Cadastral System. The system of identifying and adjudicating disputes involving ownership or possession of lands in a given area or municipality for the purpose of quieting titles therein and their incorporation into the Torrens system.

Calibrated Preemptive Response. A catchphrase, called CPR for short, pertaining to a court-nullified crowd dispersal enforcement policy which is characterized by a measured response by the military, police and other law enforcement authorities to break up an unlawful public assembly or rally depending on the extent of provocation or disorderly behavior demonstrated by its participants. (KMP vs. ERmita, GR 169838) Capacity to Act. The power to do acts with legal effect, e.g., to enter into contract or to sue, usually associated with a person who is 18 years oldthe age of majorityor over. It is acquired and may be lost. (Art. 37, Civil Code) Capital Assets. Property held by the taxpayer whether or not connected with his trade or business. (Sec. 39, National Internal Revenue Code of 1997) Capital Gains Tax. A tax on the gain or profit from the sale of the taxpayers property forming part of his capital assets. Capital Offense. An offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished with death. (Sec. 6, Rule 114) Capital Punishment. The penalty of death. Note that the Death Penalty Law, RA 7659, has already been repealed. (People vs. Quiachon, GR 170276, Aug. 31, 2006) Capital Stock. The capitalization of a corporation which is expressed in a specified number of shares or certificates of stock that will be subscribed to and paid for conformably with its by-laws. Caram Rule. Under the 1935 Constitution, those born in the Philippines of foreign parent, who before the adoption of the Constitution had been elected to public office in the Philippines, are considered Filipino citizens. Carnal Knowledge. A legal euphemism for illicit sexual intercourse perpetrated against a womans will. It is legalese for sexual intercourse involving rape or seduction. Carnapping. The taking, with intent to gain, of a motor vehicle belonging to another without the latters consent, or by means of violence against or intimidation of persons, or by using force upon things. (Sec. 2, RA 6539, Anti-Carnapping Act of 1972) Cartel. Any combination of or agreement between two or more persons engaged in the production, manufacture, processing, storage, supply, distribution, marketing, sale or disposition of any basic necessity or prime commodity designed to artificially and unreasonably increase or manipulate its price. (RA 7581, The Price Act) Case at Bar. The case being tried by the trial court in the exercise of its jurisdiction, i.e., the case that is currently the subject of a particular trial or judicial proceeding. Case at Bench. The case being heard before an appellate court. Castration. See Mutilation. Casual Employee. A person who has been engaged to perform activities which are peripheral or incidental to the usual business or trade of the employer, except that is such service has lasted for at least one year, whether it is continuous or broken, he is to be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. (Art. 280, Labor Code)

Cassus Omissus. A principle in statutory construction which means that a person or thing omitted from an enumeration must be deemed to have been omitted intentionally. This is to be differentiated from ejusdem generic. Cattle-rustling. The unlawful act of taking away by any means, method or scheme, without the consent of the owner or raiser, of any of the animals classified as large cattle, whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. (PD 533, Anti-cattle Rustling Law of 1974) Cause of Action. An act or omission of the defendant in violation of the legal right of the plaintiff giving him the ground to file suit. (Sec. 2, Rule 2; Barcelona vs. CA, 412 SCRA 41) Caveat Emptor. A Latin term that is applicable to the law of sales which translates into buyer beware. Certificate of Public Convenience. An authorization granted by the LTFRB for the operation of land transportation services for public use. Certification Election. An election contest between two or more legitimate labor organizations in an establishment to determine which among them represents the majority of the members in an appropriate bargaining unit for the purpose of collective bargaining with their employer, as well as representation of the members therof in labor-management activities. (Art. 231, Labor Code) Certiorari. A special civil action brought by an aggrieved party against a tribunal, board or officer exercising judicial or quasi-judicial functions to determine whether it has acted without or in excess or in excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law for the purpose of annulling or modifying the proceedings of such tribunal, board or officer and granting such reliefs as law and justice may require. (Sec. 1, Rule 65) Cestui Que Trust. The beneficiary for which a trust is created. Chain Distribution Plan. See Pyramid Sales Scheme. Chambers. The term which is used to describe the private offices of a Justice or judge, entry to which is normally restricted. Champertous Contract. An agreement that is deemed void being against public policy and professional legal ethics whereby a lawyer agrees to prosecute at his own expense the recovery of a thing or property for a litigant who agrees to share with him a portion or pay him an amount corresponding to a percentage of the value of the thing or property thus recovered or won in the suit. It is akin to instigating a claimant to file suit with the lawyer advancing the costs of suit in return for substantial fee if successful. See Contingent Fee Agreement. Charter Party. A maritime contract by virtue of which the owner or the agent of a vessel binds himself to transport merchandise or persons for a fixed price. It is also a contract by which an entire ship, or some principal part thereof, is leased by the owner to another person for a specified time or use. Chattel Mortgage. A conditional sale of property which is recorded in the Chattel Mortgage Register as security for the payment of a debt or the performance of an obligation. Note that if the movable, instead of being recorded, is delivered to the creditors or third person, the contract is a pledge and not a chattel mortgage. (Art. 2140, Civil Code; Sec. 3 Act 1508, Chattel Mortgage Law)

Check. A bill of exchange drawn that is payable on demand signed by the maker or drawer, containing an unconditional promise to pay a sum certain to order or to bearer. (Sec. 185, Act 2031, Negotiable Instruments Law) Check-off. It is an accounting device whereby the employer, on agreement with the union, or upon prior authorization from its employees, deducts union dues or agency fees from the latters salaries and remits them directly to the union. Checks and Balances Doctrine. A political doctrine which complements the separation of powers doctrine underlying our system of government by which the three branches of government check one another against abusing or misusing their respective powers under the Constitution. Thus, the President can veto legislation. Congress must approve executive appointments. The courts, whose members are appointed by the President, can nullify grave abuse of executive power and invalidate laws for violating the limits of their respective Constitutional powers and prerogatives. Child Abuse. Any physical, psychological, or sexual abuse, and criminal neglect which leads to the infliction of physical or psychological injury, cruelty to, or neglect, sexual abuse, or exploitation of a child, i.e., a person below 18 years of age, or even older if that person is incapable of taking care of himself fully because of a physical or mental disability, or of protecting himself from abuse. (Secs. 2(a) and 2(b), RA 7610, Child Abuse Act) Child Prostitute. A male or female, under 18 years of age, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse or lascivious conduct. (Sec. 5, RA 7610, Child Abuse Act) Child Trafficking. The prohibited act of engaging in trading and dealing with children, including the act of buying and selling of a child for money, of for any other consideration, or barter. It is classified as a grave felony punishable by reclusion perpetua. If the victim is under 12 years of age, the maximum penalty is to be imposed. Child Witness. Any person who is below the age of 18 at the time of giving testimony. He may be over 18 years old if found by the court to be unable to fully take care of himself or protect himself from abuse or exploitation. In child abuse cases, however, the child may be more than 18 years old but is found by the court as unable to take care of himself or protect himself from abuse because of a physical or mental disability or condition. (Sec. 4(a), Rule on Examination of a Child Witness) Child-caring Agency. A duly licensed and accredited agency by the DSWD that provides 24-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children. (Sec. 3(i), RA 8552, Domestic Adoption Act of 1998) Child-placing Agency. A duly licensed and accredited agency by the DSWD to provide comprehensive child welfare services, including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents and preparing the adoption home study. (Sec. 3(h), RA 8552, Domestic Adoption Act of 1998)

Child at Risk. Refers to child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, e.g., being exploited sexually or economically, being a gang member, being out of school, etc. (Sec. 4(d), RA 9344, Juvenile Justice and Welfare Act of 2006) Chose in Action. The instrument evidencing the right to sue for money or property, e.g., a promissory note. A legal claim or cause of action that can translate into a lawsuit. Circumstantial Evidence. Evidence which indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. It constitutes a combination of circumstances that is sufficient to overcome the presumption of innocence in criminal cases that can lead to conviction beyond reasonable doubt, i.e., there is more than one circumstance inferred from facts which are proven. (Sec. 4, Rule 133; People vs. Cuenca, 375 SCRA 119) Citizenship. Membership in a political community which is personal and more or less permanent in character. Civil Action. A suit filed by one party against another for the enforcement or protection of a right, or the prevention or redress of a wrong. (Sec. 3(a), Rule 1) Civil Aspect. A reference to the pecuniary liabilities, i.e., damages, of the defendant in a criminal case which are deemed subsumed therein. See Civil Liability. Civil Contempt. Contempt of court is committed by a party who falls or neglects to do something ordered by the court or judge for the benefit of the opposing party.People vs. Godoy, 243 SCRA 64. Civil Fruits. Income derived from the rents of buildings, the price of leases of lands and other property, and the amount of perpetual or life annuities or other similar income. (Art. 442, Civil Code) Civil Interdiction. An accessory penalty which has the effect of depriving the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any conveyance inter vivos. (Art. 34, RPC) Civil Law. That branch of law, based on Roman law, that governs the relations between and among persons, as regulated by the State, for the protection of private interests. The Civil Code of the Philippines is a codification of such law. Civil Liability. Generally, refers to the monetization of the claims arising out of a criminal act which consists of restitution, reparation, and indemnification for consequential damages. See Civil Aspect. Civil Liberty. The catch-all term which embraces all the freedoms and civil rights enumerated under the bill of rights of the Constitution Civil Obligation. An obligation that gives a right of action to compel performance, as opposed to a natural obligation. (Art. 1423, Civil Code) Civil Register. The official record or repository for entering the civil status of persons, involving births, deaths, marriages, annulments of marriages, adoptions, legitimizations, acknowledgments of natural children, naturalizations, or changes of names. (Act 3753, Civil Register Law; Art. 407, Civil Code) Civil Right. A right accorded every citizen or resident of the Philippines by law or constitutional fiat.

Class Suit. An action filed on behalf of many persons so numerous that it is impracticable to join all as parties, brought by a representative number of them who sue for the benefit of all concerning a controversy that is one of common or general interest to them all. Also referred to as a representative suit, it is an action brought for the benefit of all persons in the class. Its main requisites are (a) the subject matter of the controversy is one of common or general interest to the persons represented; (b) the parties affected are so numerous that is impracticable to bring them all before the court; and (c) the parties bringing the class suit are sufficiently numerous or representative of the class. (Sec. 12, Rule 3). See Derivative Suit. Clean Hands Doctrine. A legal principle grounded on equity which says that a complainant or plaintiff seeking relief in the courts must not himself be guilty in the matter subject of his claim. Clear and Present Danger Rule. When words are used in such circumstance and of such nature as to create a clear and present danger that will bring about substantive evil that State has right to prevent (Schenck v. U.S., 249 US 97); clear causal connection with the danger of the substantive evil arising from the utterance questioned; and present time element, identified with imminent and immediate danger; the danger must not only be probable, but very likely inevitable (Gonzales v. Comelec, 27 SCRA 835). Close Corporation. A corporation comprising not more than 20 stockholders whose shares are not generally traded publicly and whose management is vested in the stockholders themselves. The late Justice Jose C. Campos characterized such a corporation as a de facto partnership with a corporate shell. (Sec. 96, BP 68, Corporation Code) Closed-Shop. A union security clause in a collective bargaining agreement that requires membership in the union as a condition of continuous employment. Closing-Out Sale. A consumer sale wherein the seller uses the announcement to create the impression the be is willing to give large discounts on merchandise to reduce, dispose or close out his inventory and business. (Sec. 4(1), RA 7394, Consumer Act of the Philippines) Cloud on Title. A term which denotes an outstanding instrument, record, claim, encumbrance or proceeding which is actually invalid or inoperative, but which may, nevertheless, impair or affect injuriously the title to property Codicil. A supplement or addition to a will, made after its execution and annexed to e taken as part thereof, by which any disposition made in the original will is explained, added to or altered. (Art. 825, Civil Code) Cohibit. To live or dwell together as husband and wife without the benefit of marriage Cohabitation. The public assumption by a man and woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such. Also Live-in Relationship. Coitus. Legalese for sexual intercourse. See also Carnal Knowledge. Collateral Estoppel. See Conclusiveness of Judgement. Collation. A term in the law of inheritance, it refers to the act by virtue of which descendants or other compulsory heirs who intervene in the division of the inheritance of an ascendant bring into the common mass the property which they received from him through donation or by gratuitous title so that the division may be made according to law and the will of the testator. (Vizconde vs. CA, 286 SCRA 217)

Collective Bargaining. The performance of a mutual obligation to meet and convince promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions arising under such agreement and executing a CBA incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession. (Art. 252, Labor Code) Collective Bargaining Agreement (CBA). A contract executed upon request of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjust grievances or questions arising under such agreement. (Rivera vs. Espiritu, 374 SCRA 351) Collective Bargaining Unit (CBU). A group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. As such, it can qualify as a labor organization and its members can form a union. Collision. A term in maritime law which refers to two moving vessels which crash into each other. Colorable Imitation. An act of infringement of a registered mark and a form of unfair competition whereby an article is made to look or sound like the real thing when it is not. (Sec. 155, RA 8923, The Intellectual Property Code) Combination in Restraint of Trade. A conspiratorial contract or an agreement which is designed to prevent free competition in the market through artificial means or resort to any artifice, such as spreading false rumors, to stifle lawful commerce. (Art. 186, RPC) Comity or Comitas Gentium. A principle in public international law which recognized and requires reciprocal gestures of courtesies among sovereign states concerning one anothers actions based on customs duties of personal article belonging to diplomats in a countrys jurisdiction, or lifting of visa restrictions for short periods of stay. Commercial Arbitration. An arbitration that covers any matter arising from all relations of a commercial nature, whether contractual or not. (Sec. 3(g), RA 9285, Alternative Dispute Resolution Act of 2004) Commercial Farms. Private agricultural lands which are devoted to commercial livestock, poultry and swine raising, and aquaculture including saltbeds, fishponds and prawn ponds, fruit orchards, vegetable and cutflower farms, and cacao, coffee and rubber plantations. Note that these commercial farms are also subject to government acquisition upon payment of just compensation under the agrarian reform program. (Sect. 11, RA 6657, Comprehensive Agrarian Reform Law) Commodatum. A contract of loan characterized by the delivery of a non-consumable thing to another for the latters use for a certain time with the obligation to return to it. Note that this contract is essentially gratuitous with the ownership of the thing lent remaining with the lender. Common Carrier. A person, association, firm or corporation engaged in the business of carrying or transporting passengers or goods or both, by land, water or air transportation, offering its services to the public. (Art. 1732, Civil Code)

Common Law. The system of jurisprudence, which originated from England, that evolved from case law or judicial precedents rather than legislative enactments from which legal rules are derived and enforced. Thus, the phrase of common law denotes the implementation of a law that is not derived from statute. Common Law Marriage. Usually referred to as Live-in Relationship, a union of two people who agree to live together as man and wife without the benefit of legal or formal ceremony. See Cohabitation. Common Reputation. Reputation that has been in existence previous to the controversy concerning facts of public or general interest that are more than 30 years old, or respecting marriage or moral character, that may be admissible in evidence. Note that monuments and inscriptions in public places may be received as evidence of common reputation. (Sec. 41, Rule 130) Common Stock. A stock which represents the residual ownership interest in the corporation, a basic class of stock ordinarily and usually issued without extraordinary rights or privileges that entitles the shareholders to only a pro rata division of profits. Communal Forest. A tract of land set aside by the government for the use of the residents of a municipality from which said residents may cut, collect and remove forest products for their personal use conformably with existing laws and regulations. Community of Property. All the property owned by the spouses at the time of the celebration of their marriage or acquire thereafter. (Art. 8 and 91, Family Code) Company Union. An illegitimate labor organization that is dominated or controlled by the employer. Note that the employer can be held culpable for unfair labor practice for fomenting or organizing such a union. (Art. 212(i), Labor Code) Compenable Illness. Any illness which is definitely accepted as an occupational disease listed by the Employees Compensation Commission or any illness caused or aggravated by employment subject to proof by the employee that the risk of contracting the same is increased by the conditions in the workplace. (Bonilla vs. CA, 340 SCRA 760) Compensatory Damages. See Actual Damages. Complaint. Generally, it is the pleading which alleges the plaintiff s causes of action. The names and addresses of the plaintiff and defendant must be stated in the complaint. In criminal law, it refers to the sworn written statement charging a person with an offense. (Sec. 3, Rule 6 and Sec. 3, Rule 110) Completeness test. The law must be complete in all essential terms and conditions so that there is nothing for delegate to do except enforce it. Complex Crime. A single criminal act resulting in the commission of two or more grave or less grave felonies, or when offense is a necessary means for committing the other. Note that in such cases, the penalty for the more serious crime shall be imposed in its maximum period. (Art. 48, RPC, amended by Act 4000) Composition in Insolvency. An agreement whereby the creditors of an insolvent agree accept a certain percentage of their claims in full settlement of such claims. It is method of dividing the estate of the insolvent among his creditors. (Sec. 63, Act 1956, The Insolvency Act)

Compressed Work Week. An energy-saving labor productivity scheme which provides for an alternative arrangement whereby the normal workweek is reduced to less than six days but the total number of normal work hours per week shall remain at 40 or 48 hours, as the case may be. The normal workday is increased to more that eight hours without corresponding overtime premium. This scheme can be adjusted accordingly in cases where the normal workweek of the firm is five days. (Department Advisory No. 22 (DOLE), series of 2004, Implementation of Compressed Workweek Schemes) Compromise. A contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced. (Art. 2028, Civil Code) Compulsory Arbitration. The quasi-judicial process of settling labor disputes by the NLRC initially through the labor arbiters, or through the certification of a labor dispute by the Secretary of the DOLE when it affects an industry indispensable to the national interest. Compulsory Counterclaim. One which, being cognizable by the regular courts, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing partys claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Note that it must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the regional trial court, the counterclaim may be considered compulsory regardless of the amount. (Sec. 7, Rule 7) Compulsory Heir. A forced heir, i.e., an heir for whom the law has reserved a part of the testators property which he cannot dispose of. The surviving spouse and children are examples of compulsory heirs. (Arts. 886 and 887, Civil code) Conclusive Presumption. An assertion of a fact that is deemed to be true without the need further proof. (Sec. 2, Rule 131) Conclusiveness of Judgment. A doctrine stating that a fact or question which in issue in a former suit and that was judicially passed upon and determined by a court of competent jurisdiction conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are concerned, and cannot again be litigated in any future action between such parties or their privies in the same court or any other of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. (Cayana vs. CA, 426 SCRA 10 Oropesa Marketing Corporation vs. Allied Bank, 393 SCRA 278) Concubinage. An offense committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse with a woman who is not his wife under scandalous circumstances, or who cohabits with her in any other place. (Art. 334, RPC) Concurrence of Credits. This situation occurs, usually in an insolvency proceeding, when the same specific property of the debtor or all of his property is being claimed by several creditors. Condition Precedent. Or Conditio Sine Qua Non, an indispensable requirement without which a thing or matter cannot proceed to fruition or completion.

Comdominium. An interest in real property consisting of a separate interest in a unit in a residential , industrial or commercial building, and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. (Sec. 2, RA 4726, Condominium Act) Conduct Unbecoming. A term that is applied to a broad range of transgressions of rules not only of social behavior but of ethical practice or logical procedure or prescribed method. (Zacarias vs. NAPOLCOM, 414 SCRA 387) Confession. The declaration of an accused acknowledgment his guilt of the offense charged, or of any offense necessarily included therein. It can be used against him in evidence. (Sec. 33, Rule 130) Confession and Avoidance. An answer or a pleading filed by party who, while admitting the allegations against him, either expressly or by implication, asserts matters or facts which render the confession ineffective, excusable inadmissible or void. Conflict of Interest. A situation which arises when a public official or employer is a member of a board, or a substantial stockholder of a private corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. For example, a public official or employee should not have any financial or material interest in any transaction which requires the approval of his office. (Sec. 3(i) and Sec. 7(a), RA 6713,Code of Conduct and Ethical Standards for Public Officials and Employees) Conjugal Partnership of Gains. A marriage settlement whereby both husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. The net gains or benefits obtained by either or both spouses shall be divided equally between them upon the dissolution of the marriage, unless otherwise agreed in the marriage settlements. (Art. 106, Family Code) Conjugal Property. See Conjugal Partnership of Gains. Note that under Art. 106 of the Family Code, all property acquired during the marriage is presumed to be conjugal. Consent. In contract law, is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. Note that a qualified acceptance constitutes a conter-offer. (Art. 1319, Civil Code Consent Judgment. A compromise agreement between the parties to end further litigation by having the same force and effect as a judgment by the court. Thus, once approved, it has the force of res judicata with respect to the contentious issues in the case. Such a judgment, as a rule, is immediately executory. (Del Rosario vs. Madayag and Leviste, 247 SCRA 767; Central Bank vs. CA, 61 SCRA 348; Pasay City vs. Manila, 132 SCRA 156) Consented Abduction. The abduction of a virgin over 12 and under 18 years of age, carried out with her consent but with lewd designs by the abductor. (Art. 343, RPC) Consequential Damages. Damages caused by the injury which may not be evident at the time when the injury was actually inflicted or caused, such as loss of income. Note that civil liability may arise in such a case for which restitution or indemnification may be exacted. (Art. 104, RPC)

Consignation. The act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment. It generally requires a prior tender of payment. (Heirs of Luis Bucus vs. CA, 371 SCRA 295) Consignment. A mode of distribution through a dealer or agency, that is, the consignee, which ordinarily does not involve the transfer of title to the goods since they may be returned if unsold. For example, the sale of newspapers and magazines to a news dealer who will distribute or re-sell them but subject to the return of unsold copies. Consolidation. A process by which two or more corporations unite to form a new single corporation. (Sec. 76, BP 68, Corporation Code) Conspiracy. It exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Note that conspiracy by itself is not a crime unless there is a specific provision of law making it so, such as treason, rebellion, or sedition. It may, however, aggravate or qualify a felony. Constituent Assembly. Refers to the Senate and the House of Representatives when they sit down together to propose any amendment to, or revision of the Constitution, upon a vote of three-fourths of all its Members. (Sec. 1, Art. XVII, Constitution) Constitution. The document which serves as the fundamental law of the state. (V. Sinco, Philippine Political Law, 11th ed., p.68-70); that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Malcolm, Philippine Constitutional Law, p.6). Construction Dispute. A dispute between or among the parties in a construction project. If there is agreement to arbitrate such a dispute, the governing law is EO 1008, otherwise known as the Construction Industry Arbitration Law. Constructive Contempt. A form of indirect contempt, i.e., one committed outside the courts presence but which tends to belittle, degrade, obstruct, interrupt or embarrass the court which is tantamount to a misbehavior in the presence of or so near a court or judge as to interrupt the administration of justice. (Delima vs. Gallardo, 77 SCRA 2886) Constructive Delivery. A general term comprehending all those acts which, although not conferring physical possession of the thing, have been legally interpreted as equivalent to acts of real delivery. A good example is the giving of the key to the house as constructive delivery of the house from the seller to the buyer. (Banawa vs. Mirano, 97 SCRA 517) Constructive Dismissal. The resignation of an employee who is considered to do so because of an act of clear discrimination, or disdain by an employer which becomes so unbearable that the employee is left with no choice but to forego his continued employment. It also refers to an ostensibly lawful act by the employer which, in fact, translates into unbearable condition for the employee leaving him no option but to forego his employment, e.g., unfair demotion, geographical transfer, or an undesirable change of functions or duties, or acts of clear discrimination. (PESR vs. Paramio, 427 SCRA 732; Philamgen vs. Gremaje, 442 SCRA 274)

Constructive Fraud. The unintentional commission or omission of an act that is legally required which results in damage or injury to another. An example is when a debtor transfers his assets impairing the rights of his creditors, that conveyance can be set aside even if the debtor did not intend to prejudice his creditors rights in the premises. Constructive Notice. Notice that is presumed by law to have been communicated to the party concerned and ought to be known by him regardless that it has not been personally or actually served. Notice by publication in a newspaper of general circulation is an instance where the party concerned is considered as having been notified by fiction of law. Constructive Service. The delivery of a pleading or notice that is considered to have been legally served on its intended recipient even if not actually received in person by him. It is also known as substituted service which can be done by registered mail or publication in a newspaper of general circulation. Consumer. A natural person who is a purchaser, lessee, recipient or prospective purchaser, lessor or recipient of consumer products, services or credit. (Sec. 4(n), RA 7394, Consumer Act) Consumer Credit. A credit extended by a creditor to a consumer for the sale or lease of any consumer product or service, under which part or all of the price or payment, therefore, is payable at some future time, whether in full or in installments. (Sec. 4(o),RA 7394, Consumer Act) Consumer Loan. A loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. (Sec. 4(p), RA 7394, Consumer Act) Consumer Products and Services. Goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices. (Sec. 4(q), RA 7394, Consumer Act) Consummated Felony. A felony or a crime is deemed consummated when all the elements necessary for its execution and accomplishment are present. (Art. 6, RPC) Contempt of Court. It is a defiance of the authority, justice or dignity of the courtsuch conduct as tends to bring the authority and administration of the law into disrespect of, to interfere with, or prejudice parties litigant or their witnesses during litigation. It signifies not only a willful disregard or disobedience to the courts order 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 administration of justice. (Halili vs. Court of Industrial Relations, 136 SCRA 112) Contiguous Zone. Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws. Continental Shelf. The seabed and subsoil of the submarine areas that extend beyond a coastal states territorial sea throughout the natural prolongation of its land territory. Contingent Fee Agreement. A no recovery, no fee agreement between a lawyer and a client, i.e., if the lawyer wins his case, he acquires a right to whatever amount stipulated between him and his client. See also Champertous Contract.

Continuing Crime. A single crime which results from a plurality or series of the same or related felonious acts over a period of time, characterized by a unity of criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim. An example is illegal recruitment or a pyramiding scheme which are crimes designed to victimize as many people as possible, or a theft of two items belonging to different owners. This is also referred to as Delito Continuado. Continuing Guaranty. One which covers all transactions, including those arising in the future, which are within the description or contemplation of the contract of guaranty, until the expiration or termination thereof. (SBTC vs. Cuenca, 341 SCRA 781) Continuous Easement. An easement the use of which is or may be incessant, without the intervention of any act of man. (Art. 651, Civil Code) Contract. A meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or render some service. Note that there is no contract unless the following requisites concur: (a) consent; (b) subject matter; and (c) cause of the obligation. (Arts. 1305 and 1318, Civil Code) Contract of Sale. An agreement whereby one of the contracting parties obligates himself to sell the property exclusively to the buyer upon fulfillment of the terms previously agreed upon. In the meantime, he retains ownership of the subject mattereven if is should already have been delivered to the prospective buyer. Contract-Add-and-Operate. A contractual arrangement whereby the project proponent adds to an existing infrastructure facility which it is renting from the government. It operates the expanded project over an agreement franchise period. There may or may not be a transfer arrangement in regard to the facility. (Sec. 2(g), RA 7718, Build-Operate-Transfer Law) Contract Bar Rule. The period during which the majority status of the incumbent bargaining agent may not be questioned or subjected to a certification election. (Art. 253-A, Labor Code). See Freedom Period. Contractor. A person who, in the pursuit of his independent business, undertakes to do a specific job or piece of work for other persons, using his own means and methods without submitting himself to control as to the petty details. The true test of a contractor is that he renders service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished. (Sec. 191, NIRC; CIR vs. CTA, 134 SCRA 49) Contributory Negligence. A mitigating circumstance in criminal prosecutions for negligence where it can be shown that the injury or damage suffered by the offended party was caused in part by his own failure to observe the necessary precaution. Conventional Redemption. This takes place when the vendor reserves the right to repurchase the thing sold, with the obligation to return the price of the sale, the expenses of the contract and other necessary and useful expenses made on the thing sold by the vendee. (Arts. 1601 and 1616, Civil Code) Cooling-off Period. In labor law, the period of time that both parties to a labor dispute must observe before carrying out a strike or imposing a lockout to afford each contending party more time to arrive at a

mutually acceptable solution to their problem; the required number of days that must elapse between the filing of the notice to strike and 30 days in the case of an economic strike, for the purpose of allowing tempers to cool down and to give a chance for reconciliation and mediation work. Co-ownership. Ones proprietary interest or share of an undivided thing or right that belongs to different persons. (Art. 484, Civil Code) Copyright. The exclusive right to publish and reproduce, and to sell, license or otherwise exploit, a literary, artistic or other work of the mind. (Sec. 4.1, RA 8923, Intellectual Property Code) Corporal Punishment. Any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine. Corporate Farms. Agricultural lands devoted to farming which are owned or operated by private corporations or other business associations. Corporate Rehabilitation. A summary and non-adversarial judicial proceeding in rem by which a debtor corporation suffering from financial difficulties that can lead to its insolvency or bankruptcy, or its creditors holding at least 25 percent of its liabilities, may petition the court having jurisdiction for the distressed corporation to be afforded the opportunity to rehabilitate itself financially so that it can liquidate or pay off its debts and obligations. In other words, it refers to an administrative or judicial process denoting a continuance of corporate life and activities in an effort to restore and reinstate the corporation to its former position of successful operation and solvency. (AM 00-8-10-SC, Dec. 15, 2000; Ruby Industrial Corporation vs. CA, 284 SCRA 445) Corporation. An artificial being created by operation of law, having the rights of succession and the powers, attributes, and properties expressly authorized by law or incident of its existence. (Sec. 2, BP 68, Corporate Code) Corporation by Estoppel. An association that passes itself off as a corporation, its members knowing that it does not have the authority to act like one. Its members will be exposed to liability as general partners for all debts, liabilities, and damages arising as a result thereof, and they cannot interpose the lack of a corporate personality as a defense precisely for that reason. Corporation Sole. A corporation formed by the chief or head of a religious denomination for the purpose of administering and managing as trustee, its affairs, property and temporalities. (Sec. 110, BP 68, Corporation Code) Corporators. The persons who compose a compose a corporation, whether as stockholder or members. Corpus Delicti. A Latin term which refers to the body of the crime, i.e., the facts constituting or proving the commission of an offense. Corrective Damages. Amount of monetary compensation that is imposed by the court by way of example or correction for the public good, in addition to the moral, temperate, liquidated or actual damages. It is also known as exemplary damages. (Art. 2229, Civil Code) Corruption of Minors. A crime committed by any person who promotes or facilitates the prostitution or corruption of persons under age to satisfy the lust of another, i.e., the act of pimping minors. (Art. 340, RPC; Sec. 5, RA 7610, Child Abuse Law)

Corruption of Public Officials. A crime committed by any person who shall have made the offers or promises or given the gifts or presents in acts constituting bribery in any of its forms. (Art. 212, RPC) Costs of Suit. In law, they comprise the fees and indemnities in the course of judicial proceedings, whether fixed or unalterable amounts previously determined by law or regulations in force, including those amounts which are not subject to schedule. Counsel de Oficio. A lawyer appointed by the Court to render free legal assistance to an indigent litigant who cannot afford to pay for legal representation. It is in pursuance of the mandate under Sec. 11, Article III of the Constitution, which states: Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Counterclaim. Any claim for money or other relief which a defendant party may have against an opposing party. (Sec. 6, Rule 6) Coup detat. A swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the government, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power. (Art. 134-A, RPC as amended by RA 6968) Court-annexed Mediation. A process conducted under the auspices of the court, after such court has acquired jurisdiction of the dispute. (Sec. 3(1), RA 9285, Alternative Dispute Resolution Act of 2004) Court-referred Mediation. A process where the parties to a pending case are directed by the court to submit their dispute to a neutral third party, called the mediator, who works with them to reach a settlement of their controversy resulting in a compromise agreement on the basis of which the court will render judgment. (Sec. 3(m), RA 9285, Alternative Dispute Resolution Act of 2004) Craft. In criminal law, an aggravating circumstance characterized by trickery and cunning on the part of the offender in his commission of the offense. (People vs. Juliano, 95 SCRA 511; Art. 14(14), RPC) Crime Syndicate. See Organizational Crime Group. Criminal Action. A proceeding in court by which the State prosecutes a person for an act or omission punishable by law. (Sec. 3(b), Rule 1) Criminal Contempt. Contempt of court that consists of conduct directed against the authority and dignity of a court or of a judge, as in unlawfully assailing or discrediting the authority and dignity of a court or a judge or in doing a forbidden act. (People vs. Godoy, 243 SCRA 64) Criminal Jurisdiction. The authority to hear and try a particular offense and impose the punishment for it. (People vs. Mariano, 71 SCRA 600) Criminal Law. That branch of law which defines crimes and criminals and provides for their punishment. Criminal Liability. The liability incurred by a person who commits a felony even if the wrongful act done is different from what he intended, or when he performs an act which would be an offense against persons or property, were it not for inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. (Art. 4, RPC)

Cross Examination. Examination of the witness by the adverse party as to any matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. (Sec. 6, Rule 132) Cross-claim. Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. (Sec. 8, Rule 6) Crossed Check. A check that will not be encashed by the bank because by crossing it, the drawer is directing the bank to credit the amount of the check to the account of the payee only who, in turn, may withdraw said amount from his account. Cruelty. As an aggravating circumstance, it means that the wrong done in the commission of the crime is deliberately augmented by causing another wrong which is not necessary for its commission, e.g., sadism or unnecessarily inflicting moral and physical pain. (Art. 14(21), RPc; People vs. Luna, 58 SCRA 198; People vs. Llamera, 51 SCRA 48) Culpa Aquiliana. Civil liability arising from fault or negligence which usually results from the commission of a tortuous act or quasi-delict. Culpa Contractual. Civil liability resulting from fault or negligence in the performance of a contractual obligation. Curative Statute. A law that is enacted to cure defects in a prior law or to validate legal proceedings, instruments or acts of public authorities which would otherwise be void for want of conformity with certain existing legal requirements. Currency. All Philippine notes and coins issued or circulating in accordance with RA 7653, the law creating the Bangko Sentral ng Pilipinas (BSP). Custodia Legis. A Latin phrase which means in the custody of the law, that is, in the lawful and physical possession of a court or public officer in obedience to a judicial or administrative order. Custodial Investigation. The investigation of a person who has been arrested or detained, or invited by law enforcement authorities to answer questions in connection with a crime he is suspected to have committed. This is the initial stage of a criminal investigation whereby the police or prosecutors is trying to determine whether or not there is probable cause or a prima facie case against the accused or person held in custody for the purpose of filing the necessary information or releasing the accused. The term custodial investigation includes the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law. This is also the stage during which a person arrested must be informed of his constitutional rights. (Rule 115; Sec. 2, RA 7438, Rights of Persons under Custodial Investigation). See Miranda Doctrine. Dacion En Pago. A juridical concept, couched in Spanish, whereby a debtor discharges his obligation to his creditor through the transfer or conveyance of his property as the equivalent of payment. The delivery and

transmission of ownership of a thing by the debtor to the creditor is an accepted equivalent of the performance of the obligation. (The Philippine Lawin Bus Co. vs. CA, 374 SCRA 332) Daisy Chain. A price manipulation scheme in securities trading which involves a series of purchases and sales of the same issue at successively higher or lower prices by the same group of people for the purpose of attracting unsuspecting investors into the market, leaving them defrauded of their money or securities. Damages. Generally refers to a monetary award or recompense for a legal wrong which the law awards to the person prejudiced or damages thereby. It can result from a crime, quasi-delict, or breach of contract. (Arts. 2195-2235, Civil Code) Damno Absque Injuria. A Latin phrase which translates damage without injury, it means acts do not give rise to any injury. Dangerous Drugs. Narcotic drugs and other prohibited substances listed in the Schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of Comprehensive Dangerous Drugs Act of 2002, RA 9165. Dangerous Tendency Rule. A test for inciting to sedition, the words uttered or published have a tendency to easily produce disaffection among the people and a state of feeling in them that is incompatible with a disposition to remain loyal to the government and obedient to the laws. (People vs. Peres, 45 Phil. 599) Dating Relationship. Refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. It does not refer to a casual acquaintance or ordinary socialization between two individuals in a business or social context. (Sec. 3 (e), RA 9262, Anti-Violence Against Women and Children Act of 2004) Day Certain. In contract law, refers to that day which will necessarily arrive, although it may not be known when. (Art. 1193, Civil Code) Day in Court. Refers to a persons opportunity to be heard concerning a matter under investigation or in litigation. De Facto. Latin term which means in point of fact. De Facto Government. Type of government which actually exercises power or control but without legal title (Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986) De Jure. Latin term which means from the law or by right, valid and legal. De Jure Government. Type of government which has a rightful title but has no power of control either, because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof. De Mesne. Lating term which connotes possession of real property in ones own name. De Minimis. Latin adjective for describing something that is too insignificant or trifling for the courts to bother with. Dead Mans Statute. A rule in evidence which disqualifies a witness from testifying with regard to matters covered by privileged communication. (Sec. 24, Rule 130) Dealer. A person who buys and sells securities for his own account in the ordinary course of business.

Death or Physical Injuries under Exceptional Circumstances. A situation where any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, kills any of them or both of them in the act or immediately thereafter, or inflicts upon them any serious physical injury, and thereby suffers the penalty of destierro. (Art. 247, RPC) Debt Bondage. The pledging by the debtor of his her personal services or labor or those of a person under his or her control as security or payment for a debt, when the length and nature of services are not clearly defined or when the values of the services as reasonably assessed are not applied toward the liquidation of the debt.(Sec. 3(g), RA 9208, Anti-Trafficking in Persons Act of 2003) Decedent. A person whose property is transmitted through succession, whether or not he left a will. Note that if he left a will, he is called the Testator. Deceit. The false representation or misrepresentation of a factual matter, whether by words or conduct, by untrue or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another into acting upon it to his legal injury. (People vs. Menil, Jr., 340 SCRA 125; Pable vs. People, 442 SCRA 146) Decentralization of Administration delegation of administrative powers to local government unit in order to broaden the base of governmental powers. 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 v. Mangelin, 170 SCRA 786) Declaration Against Interest. The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to declarants own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. (Sec. 38, Rule 130) Declaratory Relief. A special civil action brought by a person interested under a deed, will, contract, or other written instrument, whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation for the purpose of determining any question of construction or validity arising, and for a declaration of his rights and duties thereunder, before any breach or violation thereof occurs. (Rule 63) Deductible Expense. To qualify as such from income taxation, it must be ordinary and necessary trade, business or professional expense paid or incurred to carry on, or which is directly attributable to, the development, management, operation or conduct of the trade, business or exercise of a profession. (Sec. 34, NIRC of 1997)

Default. The failure of a defending party to file his answer within the time allowed under the Rules of Court. Such failure will make him lose his standing in court, that is, he cannot appear therein, adduce evidence and heard, nor take part in the trial or hearing of the case. (Sec. 3, Rule 9) Defendant. The person who is sued by the plaintiff in a civil suit or the person who is being accused in a criminal proceeding. He may also be referred to as a respondent. Delito Continuado. See Continuing Crime. Demand Deposits. All of the liabilities of the Bangko Sentral ng Pilipinas and of other banks which are denominated in Philippine currency and are subject to payment in legal tender upon demand by the presentation of checks. (Sec. 58, RA 7653, The New Central Bank Act) Demurrage. In maritime law, refers to the compensation provided for in the contract of affreightment for the detention of the vessel beyond the period of time agreed on for the loading or unloading of cargo. Demurrer of Evidence. After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law, the plaintiff has shown no right to relief. If his motion is granted but on appeal the order of dismissal is reversed, he shall be deemed to have waived the right to present evidence. (Rule 33) Deposit Substitutes. An alternative form of obtaining funds from the public, other than deposits, through the issuance, endorsement, or acceptance of debt instruments for the borrowers own account, for the purpose of relending or purchasing of receivables and other obligations, e.g., bankers acceptances, promissory notes, participations, certificates of assignment and similar instruments with recourse, and repurchase agreements. (Sec. 95, RA 7653, New Central Bank Act) Depositary. An individual or entity, such as a bank, which is authorized to receive and hold a deposit, with an obligation to return the same object which is received as a deposit. Deposition. The written testimony made under oath by a witness who is unable to testify in person concerning facts known to him, and which sworn statement is generally supposed to be substitute for his actual testimony in open court. (Rule 23) Derivative Citizenship. Philippine citizenship which is automatically devolved to the unmarried child of a parent who has reacquired Philippine citizenship after having lost it by becoming a naturalized citizen of a foreign country. The child, whether legitimate, illegitimate or adopted, must be below 18 years of age. It is also a condition that the parent is originally a natural-born Filipino. (RA 9225, Citizenship Retention and Reacquisition Act of 2003) Derivative Suit. A common law doctrine adopted in our jurisdiction whereby a stockholder may sue on behalf of the corporation itself and other stockholders to redress any wrongdoing committed by the corporations management or board of directors. (See Class Suit) Destierro. A penalty imposed on the offender which prohibits him from entering the place or paces designated in the sentence, nor within the radius specified therein, which shall not be more than 250 and not less than 25 kilometers from the place designated. (Art. 87, RPC) Develop-Operate-and-Transfer. A contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the

arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits which may result from that investment, such as higher property or rent values. (Sec. 2(h), RA 7718) Devise. A bequest of real property in a will to a person called the devisee. (Art. 782, par. 2, Civil Code) Devisee. The person named in a will to receive a gift consisting or real property. Devolution. Under the Local Government Code, refers to the act by which the National Government confers power and authority upon the various local government units or LGUs to perform specific functions and responsibilities. (Sec. 17, RA 7160, Local Government Code of 1991) Dilatory Tactic. Motion or plea that is designated to delay the court proceedings, e.g., a second motion for reconsideration in the Supreme Court, or a motion for postponement of a hearing for flimsy reasons. Diligence of a Good Father. That degree of diligence which a prudent person would exercise with regard to his own family or property. This extends to the degree of diligence required in selecting and supervising ones employees, in the concept of master and servant under tort law. (Art. 2180, Civil Code) Diplomatic Asylum. The refuge extended to a fugitive in the residence of a diplomat in the host state in which the residence is located on the fiction that it is an extension of that diplomats own territorial state. Direct Assault. A crime committed by any person who, without a public uprising shall employ force or intimidation for the attainment of any of the purposes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority, or any of his agents, while engaged in the performance of official duties.(Art. 148, RPC) Direct Bribery. A crime committed by any public officer who performed an act which constitutes a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by him personally or through the intercession of another. This is committed if the public officer refrained from doing something which it was his official duty to do for a similar consideration.(Art. 210, RPC) Direct Contempt. Misbehavior in the presence of or so near a court of justice as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. (Sec. 1, Rule 71) Direct Examination. The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. (Sec. 5, Rule 132) Direct Taxes. Taxes for which a taxpayer is directly liable on the transaction or business he is engaged in. Personal income tax is an example of direct taxes. Disbarment. The disciplinary process or removing a member of the Bar from the Roll of Attorneys and revoking his license and privilege to practice law. (Rule 139-B) Discernment. As applied to juvenile cases, it means the mental capacity to understand the difference between right and wrong and its consequences.

Discharge of Debtor. In the law of Insolvency, refers to the release of the debtor from his debts which were or might be proved in the insolvency proceedings such that they are no longer a charge upon him. (Sec. 64, Act 1956, The Insolvency Law) Disclaimer. A persons denial or responsibility or repudiation of a claim or assertion over a right or thing so as to defend against any potential liability. Discounting Easement. An easement or servitude which is used at intervals only and depends upon the acts of man. (Art. 615, Civil Code) Discretion. The act or the liberty to decide, according to the principles of justice and ones ideas of what is right and proper under the circumstances, without willfulness or favor, but guided and controlled in its exercise by fixed legal principles. It is not a mental discretion to be exercised ex gratia, but a legal discretion to be exercised in conformity with the spirit of the law, and in a manner to subserve and not to impede or defeat the ends of substantial justice. (Lambs vs. Phipps, 22 Phil. 488; PLDT vs. CA, 463 SCRA 418) Discretionary Execution. In judicial parlance, it is also called execution pending appeal which is the execution of a judgment or final order before it attains finality.(Sec. 2, Rule 39) Disinheritance. An act affected through a will by the testator by which a compulsory heir is deprived of his legitime, for causes expressly stated by law, e.g., an attempt against the life of the testator, a groundless accusation by a child or descendant, refusal without justifiable cause to support the testator, etc. (Arts. 915, 916 and 919, Civil Code) Dispositive Portion. That part of a court decision which contains the judgment or resolution of the issues subject of the complaint or petition. It usually appears as the very last paragraph in a decision as in Petition is hereby dismissed for lack of merit. Disputable Presumption. As assertion of a fact which, unless contradicted and overcome by other evidence, is deemed to be true. That a person is innocent unless proven guilty is an example of a disputable presumption. (Sec. 3, Rule 131) Dissenting Opinion. A separate opinion written by an appellate justice who differs from the opinion of the majority in deciding a case. Distressed Employer. An employer who may qualify for exemption in granting any newly-enacted labor benefit to its employees as a result of substantial losses that it is incurring in its operations. Disturbance Compensation. The amount of compensation to which an agricultural lessee is entitled when being lawfully ejected from his landholding. (Sec. 36, RA 3844, Agricultural Land Reform Code) Dividend. An amount corresponding to a share in corporate profits that is distributed to a stockholder in proportion to his subscription to the capital stock of the corporation. It may take the form of cash or additional shares of stock. (Sec. 73(A), NIRC of 1997) Dividends in Insolvency. The amounts paid, upon order of the court, to the creditors of an insolvent out of the capital or assets of the insolvents estate for the purpose of liquidating or discharging a debt. (Sec. 45, Act 1956, The Insolvency Law)

Doctrine of Comparative Injury. A rule in equity which states that although a person is entitled to injunctive relief, if the injury done to the respondent or the public would be disproportionate, then injunctive relief must be denied. Doctrine of Equivalents. The rule stating that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. (Smith Kline and Beckman Corporation vs. CA, 409 SCRA 33) Doctrine of Fair Comment. A doctrine in the law of libel, which means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts. (Borjal vs. CA, 361 Phil. 1999) Doctrine of Incorporation. A doctrinal precept which involves incorporating in a nations municipal law generally accepted principles of international law as part of its own municipal law without the need of further legislation. This doctrine has been adopted in the 1987 Constitution under the declaration of principles. Doctrine of Indelible Allegiance. An individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired. Doctrine of Last Clear Chance. If the accused in a prosecution for negligence could have avoided the dire consequences to which the offended party might have contributed himself by his own negligence, had he observed reasonable care and precaution, he had the last clear chance to prevent the injury or damage and, therefore, could not escape criminal liability. 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) Doctrine of Strained Relations. A labor case law principle which states that where reinstatement of an illegally dismissed employee is no longer feasible, expedient or practical because it would only exacerbate the tension and strained relations between the parties, or where the relationship between the employer and employee has been unduly strained by reason of irreconcilable differences, particularly where the employee held a managerial position in the company, it would be more prudent to order the payment of separation pay instead of reinstatement. (Quijano vs. Mercury Drug, 292 SCRA 109; Globe-Mackay vs. NLRC, 206 SCRA 701)

Doctrine of Supervening Event. Prosecution for another offense if subsequent development changes character of the first indictment under which he may have already been charged or convicted.

Documentary Evidence. Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. (Sec. 2, Rule 130)
Doing Business. This phrase includes soliciting orders, selling products, service contracts, opening offices, appointing representatives or distributors domiciled in the Philippines, or staying in the country for 180 days or more, or participating in the management or control of any domestic business or enterprise in the Philippines, or any other act that implies a continuity of commercial dealings as a business organization. It does not, however, include mere investment as a stockholder by a foreign entity in domestic corporations, nor having a nominee director or officer to represent its interest in such corporation, or having a representative or distributor domiciled in the Philippines which transacts business in its own name and for its own account. (Sec. 3(d), RA 7042, Foreig Investments Act of 1991) Domestic Air Carrier. An air carrier who is a citizen of the Philippines, including one who is not a citizen of the Philippines but is authorized by the Civil Aeronautics Act to engage in domestic air transportation. (Sec. 3(t), RA 776, Civil Aeronautics Act) Domestic Air Commerce. Air commerce that is carried on within the territorial limits of the Philippines. (Sec. 3(g) and Sec. 3(u), RA 776, Civil Aeronautics Act) Domestic Air Transportation. The conduct of air transportation within the territorial limits of the Philippines. (Sec. 3(v), RA 776, Civil Aeronautics Act) Domestic Arbitration. An arbitration involving a local dispute, i.e., not international as this is understood in the Model Law adopted by the United Nations, which means that it is to be governed by RA 875, the Arbitration Law of the Philippines. Domestic Law. The internal law of the forum, that is, the local law as applied to purely domestic cases. Domestic Market Enterprise. As this is understood in the Foreign Investments Act of 1991 (RA 7042), it means an enterprise which produces goods for sale, or renders services to the domestic market entirely or, if exporting a portion of its output, fails to consistently export at least sixty percent thereof. Domestic Servant. See Househelper. Domicile. The place where a persons habitual residence is located, and to which he intends to return whenever he is absent therefrom, no matter how long. For a juridical person, such as a corporation, it is where it is legally registered and where, normally, it conducts its principal business or function. Dominant Estate. The immovable in favor of which an easement or servitude is established. (Art. 613, Civil Code) Dominion. A legal concept which embodies both ownership and possession as being exclusively lodged in the same person or entity. Donation. An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.

Donation Inter Vivos. A donation that takes effect during the lifetime of the donor, though the property shall not be delivered until after the donors death. The fruits of the property from the time of the acceptance of the donation shall pertain to the donee, unless the donor provides otherwise. (Art. 729, Civil Code) Donation Mortis Causa. A donation or gift which is to become effective only upon the donors death, as opposed to a donation inter vivos. Donation Propter Nuptias. A donation which is given by reason of marriage and given before its celebration, in consideration of that same, and in favor of one or both of the future spouses. (Art. 82, Family Code) Donors Tax. A tax on the privilege of transmitting ones property or property rights to another or others without adequate and full valuable consideration. DOSRI. An acronym that refers to directors, officers, stockholders and their related interests such that their transactions are closely supervised and monitored by the Bangko Sentral ng Pilipinas. A banks credit accommodation to its DOSRI, for example, must not be on terms which are mote favorable than those extended to non-DOSRI borrowers. (Sect. 36, RA 7653, New Central Bank Act) Double Insurance. One where the same person is insured by several insurers separately in respect to the same subject and interests. Double Jeopardy. The constitutional right of the accused against being prosecuted for the same offense, for which he has been either previously acquitted or convicted. As explained under the Revised Rules of Criminal Procedure, when an accused has been convicted or acquitted, or the case against him dismissed or terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after he has pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily included in the offense charged in the former complaint or information. (Sec. 7, Rule 117, as revised) Double Taxation. Taxing the same property twice when it should be taxed only once, that is, taxing the same person twice by the same jurisdiction for the same thing. Draft. An instrument ordinarily used in international commercial transactions to effect payment. It is also referred to as a bill of exchange. Dragnet Clause or Blanket Clause. A clause in a mortgage contract which is specifically phrased to include all debts of past or future origins. Such a clause enables the parties to provide continuous dealings, the nature or extent of which may not be known or anticipated at the time, thus avoiding the expenses and inconvenience of executing a new security on each new transaction. However, such a clause will not be extended to cover future advances if the lender gives and the borrower accepts other securities for the subsequent loans. (Prudential Bank vs. Alviar, 464 SCRA 353) Drug Dependence. A cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire

or a sense of compulsion to take the substanceand the difficulties in controlling substancetaking behavior in terms of its onset, termination, or levels of use. (Sec. 3(n), RA 9165, Dangerous Drugs Act of 2002) Drug Syndicate. Any organized group of two or more persons forming or joining together with the intention of committing any offense which is in violation of the Dangerous Drugs Act of 2002. Dual Citizen. A natural-born Philippine citizen who has also become a naturalized citizen of another country but who is deemed not to have lost his Philippine citizenship by taking the prescribed oath of allegiance to the Philippines. A dual citizen can exercise absentee voting rights for President, Vice President, Senators and Party-List Representatives. (RA 9225, Citizenship Retention and Reacquisition Act; Loida Nicolas-Lewis, et al. vs. COMELEC, GR 162759, August 4, 2006) Due Process of Law. A sacred principle embodied in Section 1, Article III of the Constitution which mandates that no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied of the equal protection of laws. It is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. Duel. An illegal act which involves an agreement between two persons to settle scores by killing or injuring each other in the presence of their seconds or others to witness the duelers observance of the formalities of their combat. (Art. 260, RPC) Dumping. The act of importing into the Philippines any product, commodity, or article of commerce at an export price that is less than its normal value in the ordinary course of trade for a like product, commodity, or article in the exporting country that tends to cause material injury to a domestic industry. (RA 8752, Anti-Dumping Act of 1999) Duplicate Original. A copy of a document which is made at the same time as the original of that document such as a carbon copy. Duplicity of Charges. Also Diplicitous Information, this situation exists when a single information charges more than one offense. The Rules on Criminal Procedure prohibits the filing of such information to avoid confusing the accused in preparing a proper defense. (Loney vs. People, 481 SCRA 194) Dura Lex Sed Lex. Latin phrase which means the law may be harsh, but that is the law. It must be obeyed regardless. Dying Declaration. An exception to the hearsay rule, refers to the declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. (Sec. 37, Rule 130)