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Abandon. To forsake entirely; to forsake or renounce utterly. [Dela Cruz v. Dela Cruz, GR L-19565, Jan. 30, 1968].

Abandoned child. 1. A child who has no proper parental care or guardianship, or whose parent(s) have deserted him / her for a period of at least 3 continuous months, which includes a founding. [Sec. 2, RA 9523]. 2. A child who has no proper parental care or guardianship or whose parent(s) has deserted him / her for a period of at least 6 continuous months and has been judicially declared as such. [Sec. 3, RA 8552; Art. 141, PD 603]. Compare with Dependent child and Neglected child.

Abandoned or idle land. 1. Any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to the receipt of notice of acquisition by the govt. as provided under the Comprehensive Agrarian Reform Law of 1988 (RA 6657), but does not include land that has become permanently or regularly devoted to non-agricultural purposes. [Sec. 3, RA 6657]. 2. Lands devoted to any crop at least one year prior to the notice of expropriation, but which were not utilized by the owner for his benefit for the past 5 years prior to such notice of expropriation. [Sec. 166, RA 3844].

Abandonee. A party to whom a right or property is abandoned or relinquished by another. [Black's Law Dict., Abr. 5th Ed. (1987), p. 1].

Abandoning a minor. Crim. Law. The felony committed by any one who shall abandon a child under 7 years of age, the custody of which is incumbent upon him. [Art. 276, RPC].

Abandonment. Labor. An employer defense against the change of illegal or constructive dismissal. To exist, however, it is essential that (a) the employee must have failed to report for work or must have been absent without justifiable reason; (b) there must have been a clear intention to sever the employer-employee relationship manifested by some over acts. [Philamgen v. Gramaje, 442 SCRA 274].

Abandonment. Labor. Elements: (a) The failure to report for work or absence without valid or justifiable reason, and (b) a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor and being manifested by some overt acts. [De Ysasi III v. NLRC, 231 SCRA 173 (1994)].

Abandonment. Mar. Ins. The act of the insured by which, after a constructive total loss, he declares the relinquishment to the insurer of his interest in the thing insured. [Sec. 138, IC].

Abandonment of domicile and acquisition of a new one called domicile of choice. Requisites: (a) Residence or bodily presence in the

new locality, (b) intention to remain there or animus manendi, and (c) an intention to abandon the old domicile or animus non revertendi. [Romualdez v. RTC Tacloban City, 226 SCRA 408, 415].

Abandonment of land dedicated to public use. Elements: (a) Intention to relinquish the right or property, but without intending to transfer title to any particular person; and (b) the external act which such intention is carried into effect. [Defensor-Santiago v. Ramos, PET 001. Feb. 13, 1996, citing 49 Mich. App. 128, 229 N.W 2d 343, 349].

Abandonment of minor by person entrusted with his custody; indifference of parents. Crim. Law. The felony committed by anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities, or by the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit. [Art. 277, RPC].

Abandonment of office or position. 1. Crim. Law. The felony committed by any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service. [Art. 238, RPC]. 2. Admin. Law. The voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. [Sang. Bayan of San Andres, Catanduanes v. CA, GR 118883. Jan. 16, 1998, citing Words & Phrases, Vol. 1, p. 127]. 3. A

species of resignation; while resignation in general is a formal relinquishment, abandonment is a voluntary relinquishment through nonuser. [Sang. Bayan of San Andres, Catanduanes v. CA, GR 118883. Jan. 16, 1998, citing Words & Phrases, Vol. 1, p. 126].

Abandonment of person in danger and abandonment of one's own victim. Crim. Law. The felony committed by any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense; or by anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured; or by anyone who, having found an abandoned child under 7 years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. [Art. 275, RPC].

Abandonment of the thing. It consists of the voluntary renunciation of all the rights which a person may have in a thing, with the intent to lose such thing. By virtue of the abandonment, the thing is left without owner or possessor. To be effective, it is necessary that it be made by a possessor in the concept of owner.

[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 304, citing 4 Manresa 315; 3 Sanchez Roman 299].

Abandonment of the wife. To constitute abandonment of the wife by the husband, as the term is used in Art. 178 of the Civil Code, there must be absolute cessation of marital relations and duties and rights, with the intention of perpetual separation. The abandonment must not only be physical estrangement but also amount to financial and moral desertion. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968].

Abandonment of work. Labor. The deliberate, unjustified refusal of the employee to resume his employment. The burden of proof is on the employer to show a clear and deliberate intent on the part of the employee to discontinue employment without any intention of returning. Mere absence is not sufficient. [FRF Enterprise v. NLRC, GR 105998. Apr. 21, 1995].

Abandonment of work. Labor. Essential requirements: (a) Failure to report for work or absence without valid or justifiable reason; and (b) clear intention to sever the employer-employee relationship x x x manifested by some overt acts. [Henlin Panay Co. v. NLRC, GR 180718, Oct. 23, 2009, 604 SCRA 362, 369].

Abatement. 1. A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. [Duhaime's Legal Dict., 2004]. 2. Any act that would remove or neutralize a fire hazard. [Sec. 3, RA 9514].

Abatement of action. A suit which has been quashed and ended. [Jurist s Legal Dict., 2004].

Abatement of a fire hazard. Any act that would remove or neutralize a fire hazard. [Sec. 3, PD 1185].

ABC. See Approved budget for the contract.

Abduction. 1. The taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. [People v. Crisostomo (46 Phil. 780)]. 2. Taking someone away from a place without that person's consent or by fraud. [Duhaime's Legal Dict., 2004]. See also Kidnapping.

Aberratio ictus. Crim. Law. Lat. Mistake in the blow, characterized by aiming at one but hitting the other due to imprecision in the blow. [People v. Sabalones, GR 123485, Aug. 31, 1998]. Compare with Error in personae.

Aberratio ictus. Also Error en la persona. Crim. Law. Lat. 1. Mistake in the identity of the victim. [People v. Pinto, GR 39519. Nov. 21, 1991]. 2. Miscarriage of the blow. [People v. Atillano, GR 109131-33. Oct. 3, 1994].

Abet. The act of encouraging or inciting another to do a certain thing, such as a crime. [Duhaime's Legal Dict., 2004].

Ability to read intelligently. The capacity to know or apprehend; to discover or understand by characters, marks, features, etc.; to gather the meaning. [Moreno s Law Dict., 2000 Ed., p. 2].

Ab inconveniente. Lat. From hardship, from what is inconvenient. [Claridades, A., Compilation of Notes, 2001-2006].

Ab initio. Lat. From the start (or beginning). [Duhaime's Legal Dict., 2004].

Ab intestato. Lat. By intestacy. The term refers to laws governing the succession of property after its previous owner dies without a valid will. [http://topics.law.cornell.edu July 24, 2009].

Abogado. Sp. Lawyer or attorney- atlaw. That class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. [Cui v. Cui, GR L18727. Aug. 31, 1964].

Abolition of a position. It does not involve or mean removal for the reason that removal implies that the post subsists and that one is merely separated therefrom. [Arao v. Luspo, 20 SCRA 722 (1967)].

Abortion. The knowing destruction of the life of an unborn child or the intentional expulsion or removal of an unborn child from the womb other than for the principal purpose of producing a live birth or removing a dead fetus. [Black's Law Dict.,

Abr., 5th Ed., p. 2].

Abortion. Elements: (a) That there is a pregnant woman who has suffered an abortion; (b) that the abortion is intended; and (c) that the abortion is caused by (1) the pregnant woman herself; (2) any other person, with her consent; or (3) any of her parents, with her consent for the purpose of concealing her dishonor. [Under Art. 258, RPC].

Abortionist. A person who criminally produces abortions, or one who follows the business or practices the crime of producing abortion. [Black's Law Dict., Abr., 5th Ed., p. 2].

Abortion practiced by a physician or midwife and dispensing of abortives. Crim. Law. The felony committed by any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same, or by any pharmacist who, without the proper prescription from a physician, shall dispense any abortive. [Art. 259, RPC].

Abortion practiced by the woman herself or by her parents. Crim. Law. The felony committed by a woman who shall practice abortion upon herself or shall consent that any other person should do so, or by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor. [Art. 258, RPC].

Abot-Kaya Pabahay Fund (AKPF). A Fund created by virtue of RA 6846 under the trusteeship of the National Home Mortgage Finance Corporation (NHMFC) which was later amended by RA 7835 to implement a continuing program of social housing and enhance government's efforts to make lowcost housing affordable to low income families. It has 2 components: (a) amortization support whereby funds are made available for low income families to assist them in paying their housing loans; and (b) development financing where fund are utilized to support private developers, NGOs and landowners in providing affordable housing packages to lowincome families. [Claridades, A., Compilation of Notes, 2006-2011].

About. Near in time, quantity, number, quality or degree. Substantially, approximately, almost, or nearly. [Moreno s Law Dict., 2000 Ed., p. 3].

Ab posse ad actu non vale illatio. Lat. "A proof that an act could have been done is no proof that it was actually done." [Roman Cath. Bishop of Malolos v. IAC, GR 72110. Nov. 16, 1990].

Abrasion. A scrapping or rubbing off. [Moreno s Law Dict., 2000 Ed., p. 3].

Absence. The legal status of a person who has absented himself from his domicile and whose whereabouts and fate are unknown, it not being known with certainty whether he is still living or not. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 260]. See Provisional absence and Declared absence.

Absence of inconsistency test. Evid. A test [in determining whether or not there is identity of causes of action as to warrant the application of the principle of res judicata] where it is determined whether the judgment sought will be inconsistent with the prior judgment. [Spouses Torres v. Medina, GR 166730, Mar. 10, 2010]. If no inconsistency is shown, the prior judgment shall not constitute a bar to subsequent actions. [Agustin v. Delos Santos, GR 168139, Jan. 20, 2009, 576 SCRA 576, 588-589]. Compare with Same evidence test.

Absence of jurisdiction. See Without jurisdiction.

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. [Bench Book for Trial Court Judges, p. 3-4].

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, FC].

Absentee voters, national registry of. The consolidated list prepared, approved and maintained by the Comelec, of overseas absentee voters whose applications for

registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registration Board. [Sec. 3, RA 9189].

Absentee voting. The process by which qualified citizens of the Phils.s abroad exercise their right to vote. [Sec. 3, RA 9189].

Absent spouse. The prior spouse who had been absent for 4 consecutive years and whom the spouse present reasonably believed to be already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Arts. 391 of the Civil Code, an absence of only 2 years shall be sufficient. [Navarro v. Domagtoy, AM MTJ-96-1088. July 19, 1996].

Absent Without Leave. See AWOL.

Absoluta sententia expositore non indiget. Lat. When the language of the law is clear, no explanation of it is required. [Moreno s Law Dict., 2000 Ed., p. 3].

Absolute community, system of. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated and shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. [Arts. 88 and 91, FC].

Absolute defense, See Complete defense.

Absolute indorsement. Nego. Inst. One by which the indorser binds himself to pay (a) upon no other condition than the failure of prior parties to do so; (b) upon due notice to him of such failure. [Claridades, A., Compilation of Notes, 2001-2006].

Absolutely privileged communication. One in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon a person who claims to be injured thereby, and even though, it may have been made maliciously. [Sison v. David, GR L11268. Jan. 28, 1961, citing 33 Am. Jur. pp. 123- 124]. Compare with Conditionally or qualifiedly privileged communication.

Absolute pardon. A pardon that reaches both the punishment prescribed for the offense and the guilt of the offender. When the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is an innocent as if he had never committed the offense. If granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity. [In re: Lontok 43 Phil. 293]. Compare with Conditional pardon.

Absolute poverty. The condition of the household below the food threshold level. [Sec. 3, RA 8425].

Absolute simulation of a contract. 1. It takes place when the parties do not intend to be bound at all. [Art. 1345, CC]. 2. An absolutely simulated or fictitious contract is void. [Art. 1346, CC].

Absolute sovereign immunity. Rule that a foreign state is immune from all types of suits. [Intl. Law Dict. & Direct., 2004].

Absolute title. A non-contestable title to a thing. Also known as Title in fee simple. [Claridades, A., Compilation of Notes, 2006-2011].

Absorb. It is synonymous with the words "assimilate" or "incorporate" and which, in business parlance, means "to take over." [Razon v. Sec. of Labor, GR 85867. May 13, 1993, citing Webster's 3rd New Intl. Dict., 1966 Ed., p. 7].

Absorbed company. The constituent company whose corporate existence is dissolved as a result of the merger or consolidation. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207].

Absorbing or acquiring company. The surviving company, in case of merger, or the newly formed company, in case of consolidation. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207].

Absorption system. [The system of

penalty where] the lesser penalties are absorbed by the graver penalties. [This is] observed in the imposition of complex crimes (Art. 48, RPC), continuing crimes, and specific crimes like robbery with homicide, etc. Compare with Material accumulation system and Judicial accumulation system.

Abus de droit. Fr. Abuse of right. [Claridades, A., Compilation of Notes, 2001-2006].

Abuse. To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. To make an extravagant or excessive use, as to abuse one's authority. [Salalima v. Guingona, GR 117589-92. May 22, 1996, citing Black's Law Dict., 5th Ed., p. 11].

Abuse of confidence or obvious ungratefulness. An aggravating circumstance under Art. 14 (4) of Rev. Penal Code which can be appreciated only if the following requisites are present: (a) The offended party had trusted the offender; (b) the offender abused such trust; and (c) such abuse facilitated the commission of the crime. [People v. Luchico, 49 Phil. 689]. See also Unfaithfulness.

Abuse of judicial discretion. A discretion by a judge to an end or purpose not justified by and clearly against reason and evidence. [Moreno s Law Dict., 2000 Ed., pp. 3-4].

Abuse of right. A person may be liable for harm caused by doing something which one, nevertheless, has a right to do, if the right was:

(a) principally intended to cause harm; (b) or was used without a legitimate, interest justifying judicial protection; (c) or was used in bad faith; (d) or was contrary to basic rules of morality or fairness. [Tetley, Glossary of Conflict of Laws, 2004].

Abuse of right principle. Requisites: (a) The defendant should have acted in a manner that is contrary to morals, good customs or public policy; (b) the acts should be willful; and (c) there was damage or injury to the plaintiff. [Custodio v. CA, GR 116100. Feb. 9, 1996, citing Jurado, Personal and Family Law, 1984 ed., 41].

Abuse of superiority. 1. The excess of the aggressor s natural strength over that of the victim, considering the position of both and the employment of means to weaken the defense, although not annulling it. The aggressor must have taken advantage of his natural strength to insure the commission of the crime. [People v. Salcedo, GR 178272. Mar. 14, 2011]. 2. The taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. [People v. Apduhan, Jr., GR L19491, Aug. 30, 1968].

Abuse of superior strength. 1. It contemplates a situation of strength notoriously selected or taken advantage of by an aggressor in the commission of the crime. [People v. Escoto, GR 91756, May 11, 1995, 244 SCRA 87]. 2. [This] is present whenever there is a notorious inequality of forces between the victim and the aggressor / s that is plainly and obviously advantageous to the aggressor / s and purposely selected or taken advantage of to facilitate the commission of the crime. [People v. Daquipil, GR 86305-06, Jan. 20, 1995, 240 SCRA 314, 332-333].

Abuses against chastity. Crim. Law. The felony committed by: (a) any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or (b) any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. [Art. 245, RPC].

Abusos deshonestos. Sp. Abuse of chastity. [US v. Mendez, GR L-6483. Mar. 11, 1911].

Academic failure. An academic subject in which the student has failed. [Moreno s Law Dict., 2000 Ed., p. 4].

Academic freedom. The right of the school or college to decide for itself, its aims and objectives, and how best to attain them - the grant being given to institutions of higher learning - free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint. [Tangonan v. Judge Pao, 221 Phil. 601, 612 (1985)].

Academic non-teaching personnel. Those persons holding

some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. [Sec. 6, BP 232].

Accelerated judgment. A procedural technique to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions and affidavits on record, or for weeding out sham claims or defenses at an early stage of the litigation to avoid the expense and loss of time involved in a trial. Its object is to separate what is formal or pretended in denial or averment from what is genuine and substantial so that only the latter may subject a party in interest to the burden of trial. [Spouses Agbada v. Inter-Urban Developers, Inc., GR 144029, 19 Sept. 2002, citing Excelsa Industries, Inc. v. CA, 317 Phil. 664 (1995)]. See Summary judgment.

Accelerated training. Basic skills training of a short-term nature for jobs with a defined level of qualifications. This usually refers to a rapid paced, condensed vocational training to fill immediate manpower needs. [Sec. 1, Rule 1, Book 2, IRR of LC].

Acceleration clause. 1. A clause which renders the whole debt due and demandable upon the failure of the obligor to comply with certain conditions. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately. This is a typical clause in a loan contract; miss one payment and the agreement to pay at regular intervals is voided and the

entire amount becomes due and payable immediately. [Duhaime's Legal Dict., 2004].

Acceptance. Civ. Law. 1. The manifestation by the offeree of his assent to the terms of the offer which must in other words meet or be identical at all points of the offer. [Diaz, Bus. Law Rev., 1991 Ed., p. 65]. 2. The taking and receiving of anything in good faith with the intention of retaining it. [Glossary of Legal Terms (Pro-Se), 2004].

Acceptance. 1. Nego. Inst. An acceptance completed by delivery or notification. [Sec. 191, NIL]. 2. Succ. The act by virtue of which an heir, legatee or devisee manifests his desire in accordance with the formalities prescribed by law to succeed to the inheritance, legacy or devise. 3. It may be an express acceptance made in a public or private document, or a tacit acceptance resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. [Art. 1049, CC]. Compare with Repudiation.

Acceptance for honor. Nego. Inst. An undertaking by a stranger to a bill after protest for the benefit of any party liable thereon or for the honor of the person whose account the bill is drawn which acceptance inures also to the benefit of all parties subsequent to the person for

whose honor it is accepted, and conditioned to pay the bill when it becomes due if the original drawee does not pay it. [Claridades, A., Compilation of Notes, 2001-2006].

Acceptance of a bill. Nego. Inst. The signification by the drawee of his assent to the order of the drawer; this may be done in writing by the drawee in the bill itself, or in a separate instrument. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992].

Accepted unilateral promise. An offer which specifies the thing to be sold and the price to be paid and, when coupled with a valuable consideration distinct and separate from the price, is what may properly be termed a perfected contract of option. This contract is legally binding, and in sales, it conforms with the second paragraph of Art. 1479 of the Civil Code. [Equatorial Realty v. Mayfair Theater, GR 106063. Nov. 21, 1996].

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, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument). [Sec. 3, RA 8484].

Access device fraudulently applied for. Any access device that was applied for or issued on account of the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation. [Sec. 3, RA 8484].

Access Devices Regulation Act of 1998. RA 8484 entitled .An Act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes. enacted on Feb. 11, 1998.

Accessing entity. Any submitting entity or any other entity authorized by the Credit Information Corp. to access basic credit data from the Corp. [Sec. 3, RA 9510].

Accessio cedit principali. Lat. The accessory follows the principal. [Claridades, A., Compilation of Notes, 2001-2006].

Accession. 1. Intl. Law. The process whereby a non-signatory State later becomes a party to a treaty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 1061-1062]. 2. Prop. The right to all which one s own property produces, and the right to that which is united to it by accession, either naturally or artificially. [Black s Law Dict., Abr. 5th Ed. (1983), p. 6].

Accession continua. The acquisition of ownership over a thing incorporated to that which belongs to the owner. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 98].

Accession discreta. The extension of the right of ownership to the products of a thing. [Tolentino, Civil

Code of the Phil., Vol. II, Repr. 2001, p. 98].

Accessions. Fruits of a thing or additions or improvements upon a thing, or the right pertaining to the owner of a thing over its products and whatever is incorporated thereto, either naturally or artificially. [Diaz, Bus. Law Rev., 1991 Ed., p. 5].

Accessories. Prop. Things joined to the principal thing for the latter s embellishment or to make the latter more perfect. [Diaz, Bus. Law Rev., 1991 Ed., p. 5].

Accessory. Crim. Law. 1. A person who, having knowledge of the commission of the crime, and without having participated therein, either as a principal or an accomplice, takes part subsequent to its commission by concealing or destroying the body of the crime, or the effects or instruments thereof in order to prevent its discovery. [Art. 19, RPC]. 2. A person who assists in the commission of a crime, either before or after the fact. [Jurist s Legal Dict., 2004].

Accessory obligation. An obligation attached to a principal obligation in order to complete the same or take its place in the case of breach. [SSS v. Moonwalk, GR 73345. Apr. 7, 1993, citing 4 Puig Pea Part 1 p. 76].

Accessory penalties. Crim. Law. Those deemed included in the imposition of the principal penalty. [Claridades, A., Compilation of Notes, 2006-2011].

Accident. 1. [A] fortuitous circumstance, event, or happening, an event happening without any human agency, or if happening wholly or partly through human agency, an event which under the circumstances is unusual and unexpected by the person to whom it happens x x x. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence, that causes injury, loss, suffering or death; some untoward occurrence aside from the usual course of events. [NFD Intl. Manning Agents, Inc. v. Illescas, GR 183054, Sept. 29, 2010, citing 1 CJS, pp. 427, 431]. 2. An event that takes place without one's foresight or expectation, an event that proceeds from an unknown cause, or is an unusual effect of a known case, and therefore not expected. An accident is an event which happens without any human agency or, if happening through human agency, an event which, under the circumstances, is unusual to and not expected by the person to whom it happens. It has also been defined as an injury which happens by reason of some violence or casualty to the insured without his design, consent, or voluntary cooperation. [Sun Ins. v. CA, GR 92383. July 17, 1992].

Accident. Elements: (a) performance of a lawful act; (b) with due care; (c) producing an injury by mere accident; and (d) without any fault or intention of causing it. [People v.

Utrela, GR L-38172. July 15, 1981, citing Art. 12, RPC].

Accidental. That which happens by chance or fortuitously, without intention and design and which is unexpected, unusual and unforeseen. [Moreno, Phil. Law Dict., 1972 Ed., p. 7, citing De La Cruz v. Capital Ins., 17 SCRA 559].

Accidental spills. Spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. [Sec. 62, PD 1152].

Accident insurance. See Casualty insurance.

Accin de reivindicacion. See Accin reivindicatoria.

Accin in rem versum. Requisites: (a) One party must be enriched and the other made poorer; (b) there must be a casual relation between the 2; (c) the enrichment must not be justifiable; (d) there must be no other way to recover; and (e) the indemnity cannot exceed the loss or enrichment, whichever is less. [Under Art. 22, CC].

Accin interdictal. See Accion publiciana.

Accin pauliana. Also Rescissory action. [Arts. 1177 and 1381, CC].

Accin plenaria de posesion. Also Accin publiciana. 1. An ordinary

civil proceeding to determine the better right of possession of realty independently of title. [Bishop of Cebu v. Mangaron, 6 Phil. 286, 291 (1906); Ledesma v. Marcos, 9 Phil. 618, 620 (1908)]. 2. An ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty. [Encarnacion v. Amigo, GR 169793, Sept. 15, 2006, 502 SCRA 172, 179; Lopez v. David, Jr., GR 152145, Mar. 30, 2004, 426 SCRA 535, 543].

Accin publiciana. Also Accin interdictal. 1. The plenary action to recover the right of possession when dispossession was effected by means other than those mentioned in Rule 70 of the Rules of Court. Under these circumstances, a plenary action may be brought before the RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action where plaintiff merely alleges proof of a better right to possess without claim of title. [Javier v. Veridiano, GR L-48050. Oct. 10, 1994].

Accin quanti minoris or estimatoria. An action to demand a proportionate reduction of the price, with damages. [Art. 1567, CC].

Accin reinvindicatoria. Also Accin de reinvindicacion. 1. An action to recover ownership, including the recovery of possession, which should be filed in the RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. [GR L-48050. Oct. 10, 1994 ].

Accin subrogatoria. Also Subrogatory action. [Art. 1177, CC; See also Arts. 1729 and 1893, CC].

Accommodation. Nego. Inst. A legal arrangement under which a person called the accommodation party lends his name and credit to another without any consideration. [Claridades, A., Compilation of Notes, 2001-2006].

Accommodation guarantor. Nego. Inst. A person who signs on the back of a note as such and who is therefore only secondarily liable. [Moreno s Law Dict., 2000 Ed., p. 7].

Accommodation maker. Nego. Inst. A person primarily liable on the instrument, even though he adds the word .surety. to his signature or the fact that he signed for accommodation is known to the holder. [Moreno s Law Dict., 2000 Ed., p. 7].

Accommodation note. Nego. Inst. A note to which the accommodating party has put his name without consideration for the purpose of accommodating some other party who is to use it and is expected to pay it. [Maulini v. Serrano, GR 8844. Dec. 16, 1914].

Accommodation party. Nego. Inst. 1. A person one who has signed an instrument as maker, drawer, acceptor of indorser without receiving value therefor, but is held liable on the instrument to a holder for value although the latter knew him to be only an accommodation party. [Sec. 29, NIL]. 2. A person liable on the instrument to a holder for value, notwithstanding such

holder, at the time of the taking of the instrument knew him to be only an accommodation party. In lending his name to the accommodated party, the accommodation party is in effect a surety for the latter. He lends his name to enable the accommodated party to obtain credit or to raise money. He receives no part of the consideration for the instrument but assumes liability to the other parties thereto because he wants to accommodate another. [Phil. Bank of Commerce v. Aruego, 102 SCRA 530, 539, 540].

Accommodation party. Requisites: To be an accommodation party, a person must (a) be a party to the instrument, signing as maker, drawer, acceptor, or indorser, (b) not receive value therefor, and (c) sign for the purpose of lending his name for the credit of some other person. [Crisologo-Jose v. CA, GR 80599. Sep. 15, 1989].

Accomplice. 1. A person who, not being principal as defined in Art. 17 of the Rev. Penal Code, cooperates in the execution of the offense by previous or simultaneous acts [Art. 18, RPC]. 2. A partner in a crime; A person who knowingly and voluntarily participates with another in a criminal activity. [Glossary of Legal Terms (Pro-Se), 2004].

Accomplice. Requisites to be considered as such: (a) Community of design, i.e., knowing that criminal design of the principal by direct participation, he concurs with the latter in his purpose; (b) he cooperates in the execution of the

offense by previous or simultaneous acts; and, (c) there must be a relation between the acts done by the principal and those attributed to the person charged as accomplice. [People v. Jorge, GR 99379. Apr. 22, 1994].

Accord. See Agreement.

Accountability. The measure of remedies that should be addressed to those who exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level of responsibility defined above; or who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure; or those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of the enforced disappearance. [Razon v. Tagitis, GR No. 182498, Dec. 3, 2009]. Compare with Responsibility.

Accountancy practice. It shall constitute in a person, be it in his individual capacity, or as a partner or staff member in an accounting or auditing firm, holding out himself as one skilled in the knowledge, science, and practice of accounting, and as qualified to render professional services as a certified public accountant; or offering or rendering, or both, to more than one client on a fee basis or otherwise, services such as the audit or verification of financial transactions and accounting records; the preparation, signing, or certification for clients of reports of audit, balance sheets, and other financial accounting and related schedules, exhibits, statements, or reports which are to be used for publication or for credit purposes, or to be filed with a court or govt. agency, or to be used for any other purpose; the installation and

revision of accounting system, the preparation of income tax returns when related to accounting procedures; or when he represents clients before govt. agencies on tax matters related to accounting or renders professional assistance in matters relating to accounting procedures and the recording and presentation of financial facts or data. [Sec. 3, PD 692].

Accounting period. The fiscal or calendar year adopted by a homeowners association in the recording and reporting of its fiscal transactions. [Sec. 3, RA 9904].

Account stated. An account rendered to a debtor who receives it without objection and who promises to pay it. As such, its correctness can no longer be impeached except for fraud and mistake. [Moreno s Law Dict., 2000 Ed., p. 8].

Accredit. To acknowledge. [GSIS v. CSC, GR 98395. Oct. 28, 1994].

Accreditation. The procedure by which a government agency having jurisdiction formally recognizes the competence of an inspection and / or certification body to provide inspection and certification services. [Sec. 3, RA 10068].

Accredited dual training agricultural, industrial business establishments. Agricultural, industrial

system and Also and

business establishments. A sole proprietorship, partnership, corporation or cooperative which is duly recognized and authorized by the appropriate authority to participate in the dual training system educational institution. [Sec. 4, RA 7686].

Accredited dual training system educational institution / training center. A public or private institution duly recognized and authorized by the appropriate authority, in coordination with the business and industry, to participate in the dual training system. [Sec. 4, RA 7686].

Accredited employees' organization. A registered organization of the rank-and-file employees recognized to negotiate for the employees in an organizational unit headed by an officer with sufficient authority to bind the agency. [EO 180].

Accredited rural financial institution. Any financial institution accredited by the BSP whose portfolios are substantially agri-agra related as defined by the IRR. [Sec. 3, RA 10000].

Accretion. Intl. Law. The increase in the land area of the state, either through natural means or artificially through human labor. [Sandoval, Pol. Law Reviewer 2003].

Accretion. Prop. 1. A mode of acquiring property under Art. 457 of the Civil Code. 2. The increase or accumulation of land by natural causes, as out of a lake or river. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The imperceptible and gradual addition to land by the slow

action of water. [Duhaime's Legal Dict., 2004]. Intl. Law. 2. A mode of adding to the territory of a state by natural process, such as the gradual deposit of soil on the coast through the action of the water, or by human labor, as exemplified by the reclamation projects on Manila Bay and the polders of the Netherlands. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 71]. See Alluvion.

Accretion. Prop. Requisites: (a) That the deposition of soil or sediment be gradual and imperceptible; (b) that it be the result of the action of the waters of the river (or sea); and (c) that the land where accretion takes place is adjacent to the banks or rivers (or the sea coast). [Meneses v. CA, 246 SCRA 374 (1995)].

Accretion. Succ. A right by virtue of which, when 2 or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. [Art. 1015, CC].

Accrued Interest. Interest which has fallen due but remains unpaid. [Claridades, A., Compilation of Notes, 2006-2011].

Accumulated depreciation on appraisal. Also termed as Observed depreciation. The accumulated depreciation based on the appraised or appraisal value per appraiser's report. [RCPI v. Natl.

Wages Council, GR 93044. Mar. 26, 1992].

Accused. The name for the defendant in a criminal case. [Jurist s Legal Dict., 2004].

Acknowledged natural children. Natural children duly acknowledged or recognized by the father and mother jointly, or by only one of them. [Claridades, A., Compilation of Notes, 2001-2006].

Acknowledgment. A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged. [Glossary of Legal Terms (Pro-Se), 2004].

A contrario. Lat. On the contrary. [People v. Flores, 237 SCRA 662].

A contrario sensu. Lat. From the contrary sense. [Claridades, A., Compilation of Notes, 2001-2006].

A converso. Lat. Conversely. [Claridades, A., Compilation of Notes, 2001-2006].

Acquiescence. 1. Action or inaction which binds a person legally even though it was not intended as such. [Duhaime's Legal Dict., 2004]. 2. Allowing too much time to pass since a person had knowledge of an event which may have allowed him to have legal recourse against another, implying that he waived his rights to that legal recourse.

[Claridades, A., Compilation of Notes, 2001-2006].

Acquire. To gain by any means, usually by one s own exertions. To take on as a part of one s nature or qualifications. To attain, procure, win, earn, secure or obtain. [Moreno s Law Dict., 2000 Ed., p. 9].

Acquired asset corporation. A corporation: (a) which is under private ownership, the voting or outstanding shares of which were: (i) conveyed to the Govt. or to a govt. agency, instrumentality or corporation in satisfaction of debts whether by foreclosure of otherwise, or (ii) duly acquired by the Govt. through final judgment in a sequestration proceeding; or (b) which is a subsidiary of a govt. corp. organized exclusively to own and manage, or lease, or operate specific physical assets acquired by a GFI in satisfaction of debts incurred therewith, and which in any case by law or by enunciated policy is required to be disposed of to private ownership within a specified period of time. [Sec. 2, RA 7656].

Acquired Immune Deficiency Syndrome (AIDS). A condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body's immune system, making the afflicted individual susceptible to other life-threatening infections. [Sec. 3, RA 8504].

Acquisition through adverse possession of public lands. Requisites: 1. The land applied for must be an alienable and disposable public land; and 2. the claimants, by

themselves or through their predecessors-in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of the land since June 12, 1945 or earlier. [Rep. v. Divinaflor, 402 Phil. 498, 507-508 (2001), citing Rep. v. CA, 235 SCRA 567 (1994)].

Acquisitive prescription. Civ. Law. The acquisition of ownership and other real rights through the lapse of time. [Claridades, A., Compilation of Notes, 2001-2006].

Acquisitive prescription. Civ. Law. Requisites: For prescription to set in, the possession must be: (a) adverse, (b) continuous, (c) public and (d) to the exclusion of all. [Corpuz v. Padilla, GR L-18099 & L18136. July 31, 1962].

Acquittal. Crim. Law. 1. It is always based on the merits, that is, the defendant is acquitted because the evidence does not show that defendant's guilt is beyond reasonable doubt; but dismissal does not decide the case on the merits or that the defendant is not guilty. [Malanyaon v. Lising, GR L56028. July 30, 1981]. 2. The legal certification of the innocence of a person who has been charged with a crime, setting the person free from a charge of guilty by a finding of not guilty. [Jurist s Legal Dict., 2004]. 3. A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Dismissal.

Act. Crim. Law. As used in Art. 3 of the Rev. Penal Code, the term must be understood as "any bodily movement tending to produce some effect in the external world." [People v. Gonzales, GR 80762. Mar.

19, 1990].

Act. Intl. Law. Sometimes termed a Final act or Protocol de cloture, it is an instrument which records the summary of a diplomatic conference. It reproduces the treaties, conventions or resolutions agreed upon by the participants of the conference. This is also termed as a General act. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].

Act. Pol. Law. 1. An expression of will or purpose. It may denote something done as a legislature, including not merely physical acts, but also decrees, edicts, laws, judgments, resolves, awards, and determinations. [Garcia v. Comelec, GR 111230. Sep. 30, 1994, citing Black s Law Dict., 5th Ed., p. 24]. 2. A bill which has passed through the various legislative steps required for it and which has become law, as in an act of Congress. Synonymous to Statute, Legislation or Law. [Duhaime's Legal Dict., 2004].

Acta jure gestionis. Lat. Acts by right of management. [Claridades, A., Compilation of Notes, 20012006].

Acta jure imperii. Lat. Acts by right of dominion. [Claridades, A., Compilation of Notes, 2001-2006].

Acting. Holding a temporary rank or position, or performing services temporarily. [Moreno s Law Dict., 2000 Ed., p. 10].

Actio in personam. See Action in personam.

Actio in rem. See Action in rem.

Action. Rem. Law. 1. An ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong. [Sec. 1, Rule 2, RoC]. 2. It includes counterclaim, set-off, and suits in equity as provided by law. [Sec. 58, Act 2137]. 3. The legal demand of one's right, or rights; the lawful demand of one's rights in the form given by law; a demand of a right in a court of justice; the lawful demand of one's right in a court of justice; the legal and formal demand of one's rights from another person or party, made and insisted on in a court of justice; a claim made before a tribunal; an assertion in a court of justice of a right given by law; a demand or legal proceeding in a court of justice to secure one's rights; the prosecution of some demand in a court of justice; the means by which men litigate with each other; the means that the law has provided to put the cause of action into effect. [Gutierrez Hermanos v. De la Riva, 46 Phil. 827, 834-835]. 4. Anti-Red Tape Law. The written approval or disapproval made by a govt. office or agency on the application or request submitted by a client for processing. [Sec. 4, RA 9485].

Actionable. A matter or action that creates a ground, i.e., a cause of action, or a suit at law. [Claridades, A., Compilation of Notes, 20062011].

Actionable document. Rem. Law. A written instrument upon which the

action or defense is based. [Sec. 7, Rule 8, RoC].

Actionable negligence. A violation of the duty to use care. [Moreno s Law Dict., 2000 Ed., p. 11].

Actionable wrong. A violation of law. [Vales v. Villa, 35 Phil. 788].

Action for injunction. A suit which has for its purpose the enjoinment of the defendant, perpetually or for a particular time, from the commission or continuance of a specific act, or his compulsion to continue performance of a particular act. [Manila Banking Corp. v. CA, GR 45961, 3 July 1990, 187 SCRA 138, 144-145].

Action for reconveyance. An action in personam available to a person whose property has been wrongfully registered under the Torrens system in another s name. X x x. As a remedy,[it] is filed as an ordinary action in the ordinary courts of justice and not with the land registration court. Reconveyance is always available as long as the property has not passed to an innocent third person for value. [Heirs of Lopez, Sr. v. Enriquez, GR 146262, Jan. 21, 2005, 449 SCRA 173, 190].

Action in ejectment. Rem. Law. The term includes a suit of forcible entry (detentacion) or unlawful detainer (desahucio). [Sering v. Plazo, GR L49731. Sep. 29, 1988].

Action in personam. Lat. Rem. Law. 1. A personal action seeking redress against a particular individual. An action against a person on the basis of his personal liability. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2. An action against the person, founded on a personal liability. In contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property. [Jurist s Legal Dict., 2004].

Action in rem. Lat. Rem. Law. 1. An action for the recovery of the very thing. An action against the thing itself, instead of against the person. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2. Proceeding against the thing as compared to personal actions (in personam). Usually a proceeding where property is involved. [Jurist s Legal Dict., 2004].

Action quasi in rem. Rem. Law. An action which while not strictly speaking an action in rem partakes of that nature and is substantially such. . . . The action quasi in rem differs from the true action in rem in the circumstance that in the former an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property. All proceedings having for their sole object the sale or other disposition of the property of the defendant, whether by attachment, foreclosure, or other form of remedy, are in a general way thus designated. The judgment entered in these proceedings is conclusive only between the parties. [Banco Espaol Filipino v. Palanca, 37 Phil. 921, 928 (1918)].

Actio personalis moritur cum persona; actio personalis in haeredem non datur, nisi forte ex damno locupletior haeres factus sit. Lat. A personal right of

action dies with the person. A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong. [Petralba v. Sandiganbayan, GR 81337. Aug. 16, 1991].

Active fishing gear. A fishing device characterized by gear movements, and / or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill net and tuna longline. [Sec. 4, RA 8550].

Active ingredient. The chemical component responsible for the claimed therapeutic effect of the pharmaceutical product. [Sec. 3, RA 6675].

Active mining area. Areas under actual exploration, development, exploitation or commercial production as determined by the DENR Sec. after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claim owner and / or under contract with an operator, but in no case to exceed the maximum area allowed by law. [Sec. 3, RA 7076].

Active search. A prying into hidden places for that which is concealed.

[Padilla v. CA, GR 121917. Mar. 12, 1997, citing Black's Law Dict., Rev. 4th Ed.].

Active solidarity. It consists in the authority of each creditor to claim and enforce the rights of all, with the resulting obligation of paying every one what belongs to him; there is no merger, much less a renunciation of rights, but only mutual representation. [Quiombing v. CA, GR 93010. Aug. 30, 1990, citing Tolentino, Civil Code of the Phil., Vol. IV, 85 Ed., p. 228]. It is a kind of solidarity where there are several creditors and only one debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 24]. Compare with Passive solidarity.

Active subject. The person who can demand the performance of the obligation, otherwise known as the creditor or obligee. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Compare with Passive subject.

Activist school. Group of Third World theorists who argue that international law reflects the interests of developed states to the detriment of developing states and who advocate action by the latter to change it. [Intl. Law Dict. & Direct., 2004].

Act of God. An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever. Insurance contracts often exclude .Acts of God. from the list of insurable occurrences as a means to waive their obligations for damage caused by typhoons, floods or earthquakes. [Duhaime's Legal Dict., 2004].

Act of God. A natural disaster the occurrence of which cannot be foreseen or prevented, such as earthquakes, typhoons, tsunamis, floods, etc. Also Fortuitious event or Force majeure.

Act of God doctrine. The doctrine embodying the principle that strictly requires that the act must be one occasioned exclusively by the violence of nature and all human agencies are to be excluded from creating or entering into the cause of the mischief. When the effect, the cause of which is to be considered, is found to be in part the result of the participation of man, whether it be from active intervention or neglect, or failure to act, the whole occurrence is thereby humanized, as it were, and removed from the rules applicable to the acts of God. [Napocor v. CA, GR 10344245. May 21, 1993, citing 1 Corpus Juris, pp. 1174-1175].

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. Doctrine that the act of a govt. within the boundaries of its own territory is not subject to judicial scrutiny in a foreign municipal court. A municipal court will decline to hear a dispute based on such acts if to do so would interfere with the conduct of the forum state's foreign policy. [Intl. Law Dict. & Direct., 2004].

Acts. Those which Art. 407 of the Civil Code authorizes [to be entered] in the civil registry (such as legitimations, acknowledgments of illegitimate children and naturalization). [Claridades, A., Compilation of Notes, 2006-2011].

Acts by right of dominion. Acta jure imperii. Activities of a governmental or public nature carried out by a foreign State or one of its subdivisions, which qualify for State immunity under the modern doctrine of restrictive foreign sovereign immunity. [Tetley, Glossary of Conflict of Laws, 2004].

Acts by right of management. Acta jure gestionis. Activities of a commercial nature carried out by a foreign State or one of its subdivisions or agencies, which acts are not immune from the jurisdiction and process of local courts under the modern doctrine of restrictive foreign sovereign immunity. [Tetley, Glossary of Conflict of Laws, 2004].

Acts contra bonus mores. Loss or injury willfully caused by any person to another in a manner that is contrary to morals, good customs or public policy for which the former shall compensate the latter for the damage. [per Art. 21, CC].

Acts contra bonus mores. Elements: (a) There is an act which is legal; (b) but which is contrary to morals, good custom, public order, or public policy; (c) and it is done with intent to injure. [Albenson Enterprises Corp. v. CA, GR 88694. Jan. 11, 1993].

Acts mala in se. Crim. Law. Acts wrong in themselves. In acts mala

in se, the intent governs. [Dunlao v. CA, GR 111343. Aug. 22, 1996, citing Sangco, Crim. Law, Vol. I, Book 1, 1979, p. 90].

Acts mala prohibita. Crim. Law. Acts which would not be wrong but for the fact that positive law forbids them. In cats mala prohibita, the only inquiry is, has the law been violated? [Gardner v. People, 62 N.Y., 299, cited in US v. Go Chico, 14 Phil. 134].

Acts merely tolerated. Those which by reason of neighborliness or familiarity, the owner of property allows his neighbor or another person to do on the property; they are generally those particular services or benefits which one's property can give to another without material injury or prejudice to the owner who permits them out of friendship or courtesy. [Sarona v. Villegas, GR L-22984. Mar. 27, 1968, citing II Tolentino, Civil Code of the Phil., 1963, ed., p. 227, in turn citing 1 Ruggiero 843].

Acts of lasciviousness. Crim. Law. The felony committed by any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in Art. 335 of the Rev. Penal Code. [Art. 336, RPC].

Acts of lasciviousness. Crim. Law. Elements: (1) That the offender commits any act of lasciviousness or lewdness; (2) that it is done: (a) by using force and intimidation or (b) when the offended party is deprived

of reason or otherwise unconscious, or (c) when the offended party is under 12 years of age; and (3) that the offended party is another person of either sex. [People v. Bon, GR 149199. Jan. 28, 2003].

Acts of lasciviousness committed against a child. Crim. Law. Essential elements: 1. The accused commits the act of sexual intercourse or lascivious conduct; 2. the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; 3. the child whether male or female, is below 18 years of age. [People v. Larin, GR 128777, Oct. 7, 1998, 297 SCRA 309, 318].

Acts of torture. See Torture, acts of.

Act tending to prevent the meeting of the Assembly and similar bodies. Crim. Law. The felony committed by any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Phils.s) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. [Art. 143, RPC, as reinstated by EO 187].

Actual. Something real, or actually existing, as opposed to something merely possible, or to something which is presumptive or constructive. [Moreno, Phil. Law Dict., 3rd Ed., p. 26 citing Salaysay v. Ruiz Castro, 98 Phil. 385 (1956)].

Actual case. Also Actual controversy. An existing case or controversy that is appropriate or

ripe for determination, not conjectural or anticipatory. [Garcia v. Exec. Sec., 204 SCRA 516, 522 (1991)].

Actual damages. Also Compensatory damages. Adequate compensation to which a person is entitled only for such pecuniary loss suffered by him as he has duly proved, except as provided by law or by stipulation [Art. 2199, CC].

Actual delivery. Also Real delivery. 1. The placement of the thing sold in the control and possession of the vendee. [Art. 1497, CC]. 2. Delivery where physical possession is given to the vendee or his representative. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993, citing Black's Law Dict. 515-516 (4th Ed.)]. 3. Sales. The ceding of corporeal possession by the seller, and the actual apprehension of corporeal possession by the buyer or by some person authorized by him to receive the goods as his representative for the purpose of custody or disposal. [Moreno, Phil. Law Dict., citing Andrada v. Argel, 65 OG 1054]. Compare with Constructive delivery.

Actual fraud. 1. Intentional fraud; it consists in deception, intentionally practiced to induce another to part with property or to surrender some legal right, and which accomplishes the end designed. [Berico v. CA, GR 96306, Aug. 20, 1993]. 2. The intentional omission of fact required by law to be stated in the

application or willful statement of a claim against truth. It may also constitute specific acts intended to deceive or deprive another of his right, but lack of actual notice of the proceedings does not itself establish fraud. [Albano, Civil Law Reviewer, Rev. Ed., p. 524, citing Alba v. Dela Cruz, 17 Phil. 49]. Compare with Constructive fraud and Positive fraud.

Actual loss. Mar. Ins. A loss may be presumed from the continued absence of a ship without being heard of. The length of time which is sufficient to raise this presumption depends on the circumstances of the case. [Sec. 132, IC].

Actual possession. 1. [It] consists in the manifestation of acts of dominion over [a piece of land] of such a nature as a party would naturally exercise over his own property. [Republic v. Alconaba, 471 Phil. 607 (2004)]. 2. Possession as a fact or physical possession. [Moreno s Law Dict., 2000 Ed., p. 12]. Compare with Constructive possession.

Actual service. Civ. Serv. Law. 1. The period of continuous service since the appointment of the official or employee concerned, including the period or periods covered by any previously approved leave with pay. Leave of absence without pay for any reason other than illness shall not be counted as part of the actual service rendered: Provided, that in computing the length of service of an employee paid on the daily wage basis, Saturdays, Sundays or holidays occurring within a period of service shall be considered as service although he did not receive pay on those days inasmuch as his service was not then required. [Sec. 28, Rule XVI, Omnibus Rules Implementing Book

V of EO 292]. 2. The period of time for which pay has been received, excluding period covered by terminal leave. [Sec. 3, PD 985].

Actual total loss. Ins. Loss caused by: (a) a total destruction of the thing insured; (b) the irretrievable loss of the thing by sinking, or by being broken up; (c) any damage to the thing which renders it valueless to the owner for the purpose for which he held it; or (d) any other event which effectively deprives the owner of the possession, at the port of destination, of the thing insured. [Sec. 130, IC]. Compare with Constructive total loss.

Actual use. The purpose for which the property is principally or predominantly utilized by the persons in possession of the property. [Sec. 3, PD 464].

Actus ipsa loquitur. Lat. Let the act speak for itself. [Moreno s Law Dict., 2000 Ed., p. 12].

Actus me invito factus non est meus actus. Lat. An act done by me against my will is not my act. [People v. Salvatierra, GR 111124. June 20, 1996].

Actus non facit reum, nisi mens sit rea. Lat. An act is not criminal unless the mind is criminal. [People v. Quijada, GR 115008-09. July 24, 1996].

Acute conjunctivitis. Sore eyes. [Moreno s Law Dict., 2000 Ed., p. 12].

Ada. Customary law. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Phils.s)].

Adaptation. The adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. [Sec. 3, RA 10121; Sec. 3, RA 9729].

Adaptive capacity. The ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof. [Sec. 3, RA 9729].

Ad cautelam. Lat. As a precaution. A document that is not necessary, but is filed just in case. [http://latin.topword.net Oct. 10, 2010].

Addendum. An attachment to a written document. [Duhaime's Legal Dict., 2004].

Additional evidence. Such evidence allowed to be offered (a) when it is newly discovered, or (b) where it has been omitted through inadvertence or mistake, or (c) where the purpose of the evidence is to correct evidence previously offered. [Lopez v. Liboro, GR L1787. Aug. 27, 1948, citing I

Moran's Comments on the Rules of Court, 2d Ed., 545; 64 CJ, 160-163].

Address. The direction for delivery of a letter; the name or description of a place of residence, business, etc., where a person may be found or communicated with. [Lim Sih Beng v. Rep., GR L-23387. Apr. 24, 1967, citing 2 Words and Phrases, (p. 529)].

Addressee. A person who is intended by the originator to receive the electronic data message or electronic document, but does not include a person acting as an intermediary with respect to that electronic data message or electronic data document. [Sec. 5, RA 8792].

Adequate remedy. A remedy which is equally beneficial, speedy and sufficient, not merely a remedy which at some time in the future will bring about a revival of the judgment of the lower court complained of in the certiorari proceeding, but a remedy which will promptly relieve the petitioner from the injurious effects of that judgment and the acts of the inferior court or tribunal. [Silvestre v. Torres, 57 Phil. 885, 11 CJ., p. 113].

Adherence to the enemy. The act of a citizen of favoring the enemy and harboring sympathies or convictions disloyal to his country s policy or interest. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 363, citing Cramer v. US, 65 Sup. Crt. 918].

Adhesion contract. 1. A contract in which one of the parties imposes a ready-made form of contract, which the other party may accept or reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785. Mar. 29, 1996, citing Tolentino, Civil Code of the Phil., Vol. IV (1986), p. 506]. 2. A fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the sale, usually to the advantage of the seller. [Duhaime's Legal Dict., 2004].

Ad hoc. Lat. For this purpose; for a specific purpose. [Duhaime's Legal Dict., 2004].

Ad infinitum. Lat. Forever; without limit; indefinitely. [Duhaime's Legal Dict., 2004].

Ad interim. In the meantime or for the time being. Thus, an officer ad interim is one appointed to fill a vacancy, or to discharge the duties of the office during the absence or temporary incapacity of its regular incumbent. [PLM v. IAC, GR L65439. Nov. 13, 1985, citing Black's Law Dict., Rev. 4th Ed., 1978].

Ad-interim appointment. 1. The appointment that the President may make during the recess of the Congress, or those made during a period of time from the adjournment of the Congress to the opening session, regular or special, of the same Congress. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. 2. An appointment made by the President while Congress is not in session. It takes effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon the next

adjournment of Congress. Compare with Regular appointment. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 393].

Adjective or procedural law. That body of law which governs the process of protecting the rights under substantive law. [Glossary of Legal Terms (Pro-Se), 2004]. See also Remedial law.

Adjournment. Pol. Law. During a session of Congress, mere temporary suspension of business from day to day, or for such brief periods of time as are agreed upon by the joint action of the 2 houses. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. Compare with Recess.

Adjudge. 1. To pass on judicially, to decide, settle or decree, or to sentence or condemn. The term implies a judicial determination of a fact, and the entry of a judgment. [Cario v. CHR, GR 96681. Dec. 2, 1991].

Adjudicate. To settle in the exercise of judicial authority. To determine finally. Synonymous with .adjudge. in its strictest sense. [Cario v. CHR, GR 96681. Dec. 2, 1991].

Adjudication. Civ. Law. See Dacion en pago or Dation in payment.

Adjudication. Rem. Law. rendition of a judgment order which disposes of the merits. [Bench Book

1. The or final the case on for Trial

Court Judges, p. 2-40]. 2. Giving or pronouncing a judgment or decree. Also the judgment given. [Glossary of Legal Terms (Pro-Se), 2004]. 3. A judgment; giving or pronouncing judgment in a case. Determination in the exercise of judicial power. [Bouvier's Law Dict. 3rd Revision (8th Ed.)].

Adjudication or judgment on the merits. A judgment which determines the rights and liabilities of the parties based on the disclosed facts, irrespective of formal, technical or dilatory objections. It is not necessary, however, that there should have been a trial. If the judgment is general, and not based on any technical defect or objection, and the parties had a full legal opportunity to be heard on their respective claims and contentions, it is on the merits although there was no actual hearing or arguments on the facts of the case. [Mendiola v. CA, GR 122807. July 5, 1996].

Adjunction. See Conjunction.

Ad litem. Lat. For the suit. A person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentally-challenged person. Also called a Guardian ad litem. [Duhaime's Legal Dict., 2004].

Administer. Any act of introducing any dangerous drug into the body of any person, with or without his / her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself / herself unless administered by a duly licensed practitioner for purposes of medication. [Sec. 3, RA 9165].

Administering injurious substances or beverages. Crim. Law. The felony committed by any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. [Art. 264, RPC].

Administration. The aggregate of those persons in whose hands the reins of govt. are for the time being (the chief ministers or heads of departments). [US v. Dorr, GR 1051. May 19, 1903, citing Bouvier Law Dict., 89l]. Compare Government.

Administrative. The term connotes, or pertains, to administration, especially management, as by managing or conducting, directing or superintending, the execution, application, or conduct of persons or things. [Univ. of Nueva Caceres v. Martinez, GR L-31152. Mar. 27, 1974, citing Fluet v. McCabe, 12 N.E. 2d. 93].

Administrative act. Any action including decisions, omissions, recommendations, practices, or procedures of an administrative agency. [Sec. 9, PD 1487].

Administrative adjudicatory power. See Quasi-judicial power.

Administrative agencies. Agencies created by the legislative branch of govt. to administer laws pertaining to specific areas such as taxes, transportation, and labor. [Glossary of Legal Terms (Pro-Se), 2004].

Administrative agency. Any department or other governmental unit including any GOCC, any official, or any employee acting or purporting to act by reason of connection with the govt. but it does not include (a) any court or judge, or appurtenant judicial staff; (b) the members, committees, or staffs of the National Assembly; or (c) the President or his personal staff, or (4) the members of the Constitutional Commissions and their personal staffs. [Sec. 9, PD 1487].

Administrative Code of 1987. EO 292 signed into law on July 25, 1987.

Administrative due process. [The procedural due process in administrative or quasi-judicial tribunal which] is recognized to include (a) the right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person's legal rights; (b) reasonable opportunity to appear and defend his rights, introduce witnesses and relevant evidence in his favor, (c) a tribunal so constituted as to give him reasonable assurance of honesty and impartiality, and one of competent jurisdiction; and (d) a finding or decision by that tribunal supported by substantial evidence presented at the hearing, or at least contained in the records or disclosed to the parties affected. [Air Manila, Inc. v. Balatbat, L-29064, Apr. 29, 1971, 38 SCRA 489, 492].

Administrative due process. Cardinal rules for procedural due process in administrative or quasijudicial tribunal: 1. The right to a hearing, which includes the right to present one s case and submit evidence in support thereof; 2. The tribunal must consider the evidence presented; 3. The decision must have something to support itself; 4. The evidence must be substantial. Substantial evidence is such reasonable evidence as a reasonable mind might accept as adequate to support a conclusion; 5. The decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; 6. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate; and 7. The tribunal or body should render its decision in such manner that the parties to the proceeding can know the various issues involved and the reason for the decision rendered. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Compare with Judicial due process.

Administrative expenses. 1. Those reasonable and necessary expenses: (1) incurred or arising from the filing of a petition under the provisions of RA 10142; (2) arising from, or in connection with, the conduct of the proceedings under RA 10142, including those incurred for the rehabilitation or liquidation of the

debtor; (3) incurred in the ordinary course of business of the debtor after the commencement date; (4) for the payment of new obligations obtained after the commencement date to finance the rehabilitation of the debtor; (5) incurred for the fees of the rehabilitation receiver or liquidator and of the professionals engaged by them; and (6) that are otherwise authorized or mandated under this Act or such other expenses as may be allowed by the Sup. Court in its rules. [Sec. 4, RA 10142]. 2. (a) Reasonable and necessary expenses that are incurred in connection with the filing of the petition; (b) expenses incurred in the ordinary course of business after the issuance of the stay order, excluding interest payable to the creditors for loans and credit accommodations existing at the time of the issuance of the stay order, and (c) other expenses that are authorized under the Rules of Proc. on Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008].

Administrative feasibility. Taxation. The capability of a tax system of being effectively enforced. [Claridades, A., Compilation of Notes, 2001-2006].

Administrative functions. 1. The executive machinery of govt. and the performance by that machinery of governmental acts. It refers to the management actions, determinations, and orders of executive officials as they administer the laws and try to make govt. effective. There is an element of positive action, of supervision or control. [In Re: Manzano, AM 88-71861-RTC. Oct. 5, 1988]. 2. Those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the

administrative agency by the organic law of its existence [Nasipit Integrated Arrastre v. Tapucar, SP07599-R, 29 Sep. 1978, Black's Law Dict.].

Administrative IRRs (or rules). Requisites to be valid: 1. Its promulgation must be authorized by the Legislature; 2. It must be within the scope of the authority given by the Legislature; 3. It must be promulgated in accordance with the prescribed procedure; and 4. It must be reasonable. [Lokin v. Comelec, GR 179431-32 / GR 180443, June 22, 2010, citing Cruz, Phil. Admin. Law, pp. 50-51 (2007)].

Administrative law. 1. That law which fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the govt. are performed. [Suarez, Stat. Con., (1993), p. 38]. 2. That body of law which applies for hearings before quasi-judicial or administrative tribunals. [Duhaime's Legal Dict., 2004].

Administrative Orders. Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative

orders. [Sec. 3, Admin. Code of 1987].

Administrative supervision. 1. The authority of the department or its equivalent to generally oversee the operations of such agencies and to insure that they are managed effectively, efficiently and economically but without interference with day-to-day activities; or require the submission of reports and cause the conduct of management audit, performance evaluation and inspection to determine compliance with policies, standards and guidelines of the department; to take such action as may be necessary for the proper performance of official functions, including rectification of violations, abuses and other forms of misadministration; and to review and pass upon budget proposals of such agencies but may not increase or add to them. [Sec. 38, Chap. 6, EO 292]. 2. The power or authority of an officer or body to oversee that subordinate officers of bodies perform their assigned duties and functions in accordance with law. [Claridades, A., Compilation of Notes, 2001-2006].

Administrative tribunal. Hybrid adjudicating authorities which straddle the line between govt. and the courts. Between routine govt. policy decision-making bodies and the traditional court forums lies a hybrid, sometimes called a tribunal or administrative tribunal and not necessarily presided by judges. These operate as a govt. policymaking body at times but also exercise a licensing, certifying, approval or other adjudication authority which is quasi-judicial because it directly affects the legal rights of a person. Administrative tribunals are often referred to as Commission, Authority or Board. [Duhaime's Legal Dict., 2004].

Administrator. 1. 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, if any. [Bench Book for Trial Court Judges, p. 3-2]. 2. A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. Female administrators are called Administratrix. An administrator is a Personal representative. [Duhaime's Legal Dict., 2004]. 3. Any person who acts as agent of the owner and manages the use of a building for him. [Sec. 3, RA 9514].

Administrator s bond. The bond [that] secures the performance of the duties and obligations of an administrator [and is] conditioned on the faithful execution of the administration of the decedent s estate requiring the special administrator to (1) make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge; (2) truly account for such as received by him when required by the court; and (3) deliver the same to the person appointed as executor or regular administrator, or to such other person as may be authorized to

receive them. [Ocampo v. Ocampo, GR 187879, July 5, 2010, citing Sec. 4, Rule 81, RoC]. See Special administrator.

Administratrix. Lat. Female administrator. [Claridades, A., Compilation of Notes, 2001-2006].

Admiralty or maritime law. 1. That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The law and court with jurisdiction over maritime affairs in general. [Intl. Law Dict. & Direct., 2004].

Admissible evidence. 1. Evidence which is relevant to the issue and is not excluded by law or by the Rules of Court. [Claridades, A., Compilation of Notes, 2001-2006]. 2. Evidence that can be legally and properly introduced in a civil or criminal trial. [Glossary of Legal Terms (Pro-Se), 2004].

Admission. Evid. 1. The act, declaration or omission of a party as to a relevant fact which may be given in evidence against him. [Sec. 26, Rule 130, RoC]. 2. A statement tending to establish the guilt or liability of the person making the statement. [Jurist s Legal Dict., 2004]. Compare with Confession.

Admission against interest. See Admissions against interest.

Admission by conspirator. Evid. The act or declaration of a conspirator relating to the conspiracy and during its existence,

which may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration. [Sec. 30, Rule 130, RoC].

Admission by conspirator. Evid. Requisites: (a) that the conspiracy be first proved by evidence other than the admission itself; (b) that the admission relates to the common objects; and (c) that it has been made while the declarant was engaged in carrying out the conspiracy. [People v. Surigawan, GR 83215. Dec. 15, 1993].

Admission by co-partner or agent. Evid. The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency, which may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. [Sec. 29, Rule 130, RoC].

Admission by privies. Evid. The act, declaration, or omission of one from whom another derives title to property, while holding the title, in relation to the property, which may be given in evidence against the latter. [Sec. 31, Rule 130, RoC].

Admission by silence. Evid. 1. An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to

call for action or comment if not true, and when proper and possible for him to do so, which may be given in evidence against him. [Sec. 30, Rule 132, RoC].

Admission by silence. Evid. Requisites: (a) That he heard and understood the statement; (b) that he was at liberty to interpose a denial; (c) that the statement was in respect to some matter affecting his rights or in which he was then interested, and calling, naturally, for an answer; (d) that the facts were within his knowledge; and (e) that the fact admitted or the inference to be drawn from his silence would be material to the issue. [People v. Paragsa, GR L-44060. July 20, 1978, citing IV Francisco, The Rev. Rules of Court in the Phil., 1973 Ed., p. 316].

Admissions against interest. Evid. Those made by a party to a litigation or by one in privity with or identified in legal interest with such party, and are admissible whether or not the declarant is available as a witness. [Unchuan v. Lozada, GR 172671, Apr. 16, 2009, 585 SCRA 421, 435]. Compare with Declaration/s against interest.

Admonish. To advise or caution. For example the court may caution or admonish counsel for wrong practices. [Glossary of Legal Terms (Pro-Se), 2004].

Admonition. A gentle or friendly reproof, a mild rebuke, warning or reminder, counseling, on a fault, error or oversight, an expression of authoritative advice or warning. They are not considered as penalties. [Tobias v. Veloso, GR L40224. Sep. 23, 1980].

ADO. See Allow Departure Order.

Adopt-a-School Act of 1998. RA 8525 entitled .An Act establishing an =Adopt-A-School Program, providing incentives therefor, and for other purposes. enacted on Feb. 14, 1998.

Adoption. 1. An act by which relations of paternity and affiliation are recognized as legally existing between persons not so related by nature. The taking into one's family of the child of another as son or daughter and heir and conferring on it a title to the rights and privileges of such. The purpose of an adoption proceeding is to effect this new status of relationship between the child and its adoptive parents, the change of name which frequently accompanies adoption being more an incident that the object of the proceeding. [Rep. v. CA, GR 97906. May 21, 1992, citing, 1 Am. Jur., Adoption of Children 621-622]. 2. The juridical act which creates between 2 persons a relationship similar to that which results from legitimate paternity and filiation. [Prasnick v. Rep., 98 Phil 655, quoting 4 Valverde 473].

Adoption proceeding. A proceeding in rem or against the whole world. The court acquires jurisdiction simply by publication. [Moreno s Law Dict., 2000 Ed., p. 16].

Adoptive admission. A party s reaction to a statement or action by another person when it is reasonable to treat the party s

reaction as an admission of something stated or implied by the other person. [Estrada v. Desierto, 356 SCRA 108].

Ad proximum antedecens fiat relatio nisi impediatur sentencia. Lat. Relative words refer to the nearest antecedent, unless it be prevented by the context. [Abella v. Comelec, GR 100710. Sep. 3, 1991, citing Black's Law Dict., 4th Ed., 57].

ADR. Abbreviation for Alternative dispute resolution. [Duhaime's Legal Dict., 2004].

ADR Laws. The whole body of ADR laws in the Phil.s. [Special Rules of Court on ADR, Rule 1.11, AM 07-1108-SC, Sept. 1, 2009].

ADR practitioners. Individuals acting as mediator, conciliator, arbitrator or neutral evaluator. [Sec. 3, RA 9285].

ADR providers. Institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any alternative dispute resolution system (ADR). This is without prejudice to the rights of the parties to choose nonaccredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. [Sec. 3, RA 9285].

Adultery. Crim. Law. 1. The felony committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married,

even if the marriage be subsequently declared void. [Art. 333, RPC]. 2. Voluntary sexual intercourse between a married person and another person who is not their married spouse. [Duhaime's Legal Dict., 2004].

Ad valorem property tax. A tax invariably based upon ownership of property, and is payable regardless of whether the property is used or not, although of course the value may vary in accordance with such factor. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 53].

Ad valorem tax. 1. A levy on real property determined on the basis of a fixed proportion of the value of the property. [Sec. 3, PD 464]. 2. An excise tax based on selling price or other specified value of the article. [Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920. Apr. 28, 1994]. Compare with Specific tax.

Advance sheet. A promulgated decision of the court which is made available in a temporary form prior to printing or publication. [Claridades, A., Compilation of Notes, 2006-2011].

Advantage. A more favorable or improved position or condition; benefit, profit or gain of any kind; benefit from some course of action. [Sison v. People, GR 170339, 170398-403, Mar. 9, 2010, citing Webster, 3rd Intl. Dict. (Unabridged), p. 30].

Adventitious property. Property earned or acquired by the minor

child through his work or industry by onerous or gratuitous title. It is owned by the child but is administered by the parents. The child is also the usufructuary of the property but his use thereof is secondary only to the collective daily needs of the family. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Profectitious property.

Adversarial or contentious action or proceedings. Rem. Law. An action or proceedings having opposing parties; (is) contested, as distinguished from an ex parte hearing or proceeding, of which the party seeking relief has given legal notice to the other party and afforded the latter an opportunity to contest it. [Manila Golf v. IAC, GR 64948. Sep. 27, 1994, citing Black's Law Dict., 5th Ed., p. 40].

Adversary proceeding. Rem. Law. 1. One having opposing parties; contested, as distinguished from an ex parte application, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it. [GR L32181, Mar. 5, 1986, 141 SCRA 462]. 2. A proceeding having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding. [Glossary of Legal Terms (Pro-Se), 2004].

Adverse claim. A claim of any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration. [Sec. 110, Act 496].

Adverse interest. Such interest of a witness - so as to permit crossexamination by the party calling him

as would be so involved in the event of the suit that a legal right or liability will be acquired, lost, or materially affected by the judgment, and must be such as would be promoted by the success of the adversary of the party calling him. [Black s Law Dict., Abr. 5th Ed. (1983), p. 26].

Adverse party. A party to an action whose interests are opposed to or opposite the interests of another party to an action. [Black s Law Dict., Abr. 5th Ed. (1983), p. 26].

Adverse possession. 1. The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is squatters. [Duhaime's Legal Dict., 2004]. 2. The method of acquiring real property under certain conditions by possession for a statutory period. [Glossary of Legal Terms (Pro-Se), 2004].

Adverse possession [of a coowner]. Requisites: (1) That [the co-owner] has performed unequivocal acts of repudiation amounting to an ouster of the cestui que trust or other coowners, (2) that such positive acts of repudiation have been made known to the cestui que trust or other co-owners, and (3) that the evidence thereon must be clear and convincing. [Salvador v. CA, 313 Phil. 36 (1995)].

Advertisement. 1. Any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, including outdoor advertisements, such as but no limited to signs and billboards. [Sec. 4, RA 9211]. 2. The prepared and through any form of mass medium, subsequently applied, disseminated or circulated advertising matter. [Art. 4, RA 7394].

Advertisement by lawyer, rule on. The Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay or give something of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Prior to the adoption of the Code of Professional Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like self-laudation. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993].

Advertisement of talent or skill, prohibition on. The standards of

the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession, advertise his talents or skills as in a manner similar to a merchant advertising his goods. The proscription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the practice of law is a profession. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993].

Advertiser. 1. The client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated. [Art. 4, RA 7394]. 2. A person or entity on whose account of for whom an advertisement is prepared and disseminated by the advertising agency, which is service established and operated for the purpose of counseling or creating and producing and / or implementing advertising program in various forms of media. [Sec. 4, RA 9211].

Advertising. 1. The business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumers products, services or credit. [Sec. 4,

RA 9211]. 2. 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. [Art. 4, RA 7394].

Advertising agency or agent. 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. [Art. 4, RA 7394].

Adviser. A lawyer, accountant, auditor, financial or business consultant, and such other persons rendering professional advisory services to the real estate investment trust. [Sec. 3, RA 9856].

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. [Claridades, A., Compilation of Notes, 2006-2011].

AEP. See Alien Employment Permit.

Aequetas nunquam contravenit legis. Lat. Equity is not applied against the law. [Aguila v. CA, 160 SCRA 359].

Aequitas non facit jus, sed juri auxiliatur. Lat. Equity does not make the law, but supports the law. [Borja v. CA, GR 95667. May 8, 1991].

Aequitas rem ipsam intuetur de forma et circumstantiis minus anxia. Lat. Equity regards not the form but the substance of the act. [Moreno s Law Dict., 2000 Ed., p. 17].

Aequitas sequitur legem. Lat. Equity follows the law. [Moreno s Law Dict., 2000 Ed., p. 17].

Aequum et bonum est lex legum. Lat. That which is equitable and right is the law of laws. [Moreno s Law Dict., 2000 Ed., p. 17].

Aerial domain. The airspace above the terrestrial domain and the maritime and fluvial domain of the state, to the limits of the atmosphere but does not include outer space. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67].

Aerial work. an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc. [Sec. 3, RA 9497].

Aerodrome. An airport, a defined area on land or water (including any building, installation and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft. [Sec. 3, RA 9497].

Aeronautical telecommunication. [It] includes any telegraph or telephone communication signs, signals, writings, images and sounds of any nature, by wire, radio or other systems or processes of

signaling, used in the aeronautical service. [Sec. 3, RA 9497].

Aeronautical telecommunication station. Any station operated to provide telecommunications for aeronautical purposes. [Sec. 3, RA 9497].

Aeronautics or Aviation. The science and art of flight. [Sec. 3, RA 9497].

AES. See Automated Election System.

Affiant. The person who makes and subscribes an affidavit. [Glossary of Legal Terms (Pro-Se), 2004].

Affidavit. 1. A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness. [Duhaime's Legal Dict., 2004]. 2. A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath. [Glossary of Legal Terms (Pro-Se), 2004].

Affidavit of consolidation of ownership. A sworn statement executed by the vendee-a-retro to the effect that the period of repurchase has expired and the

vendor failed to exercise his right to repurchase. [Moreno s Law Dict., 2000 Ed., p. 17].

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 v. Dela Cerna, 390 SCRA 538].

Affidavit of general financial condition. A verified statement on the general financial condition of the debtor required in Sec. 2, Rule 4 of the Rules of Proc. on Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-10SC, Dec. 2, 2008].

Affidavit of merit. An affidavit showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the case may be. It serves as the jurisdictional basis for the court to entertain a petition for relief. [Garcia v. CA, GR 96141. Oct. 2, 1991].

Affiliate. 1. A corporation fifty percent (50%) or less of the outstanding capital stock of which is owned or controlled, directly or indirectly, by the GOCC. [Sec. 3, RA 10149]. 2. A corporation that directly or indirectly, through one or more intermediaries, is controlled by, or is under the common control of another corporation. [Sec. 4, RA 10142]. 3. A corporation that directly or indirectly, through one or more intermediaries, is controlled by, or is under the common control

of another corporation, which thereby becomes its parent corporation. [Sec. 3, RA 9856; Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 4. A corporation, the voting stock of which, to the extent of 50% or less, is owned by a bank or quasi-bank which is related or linked to such institution through common stockholders or such other factors as may be determined by the Monetary Board of the BSP. [Sec. 3, RA 9474].

Affiliated corporation. 1. A corporation that is owned or subject to common corporate control by another corporation and operated as part of the latter s business. [Sec. 3, RA 9483]. 2. A corporation related to another by owning or being owned by common management or by a long-term lease of its properties or other control device. An affiliation exists between a holding or parent company and its subsidiary, or between 2 corporations owned or controlled by a third. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40, citing Kohler, A Dict. for Accountants, 1975 Ed., p. 26].

Affiliate of, or affiliated with, a specified person. A person that directly or indirectly, through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. Exercising control over a legal entity shall mean any one of the following; (1) owning either solely or together with affiliated persons more than 25% of the outstanding capital stock of a legal entity; and (2) being an officer or director of such legal entity. [Sec. 4, RA 9829].

Affinity. The connection existing in consequence of a marriage, between each of the married persons and the kindred of the

other. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 308]. Compare with Consanguinity.

Affirmation. A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases. [Glossary of Legal Terms (Pro-Se), 2004].

Affirmative defense. Rem. Law. 1. An allegation of new matter which, while admitting the material allegations of the complaint, expressly or impliedly, would nevertheless prevent or bar recovery by the plaintiff. The affirmative defenses include fraud, statute of limitations, release payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confession and avoidance. [Sec. 5, Rule 6, RoC]. 2. A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used. [Glossary of Legal Terms (ProSe), 2004]. Compare with Negative defense.

Affirmed. In the practice of appellate courts, the word means that the decision of the trial court is correct.

[Glossary of Legal Terms (Pro-Se), 2004].

Afflictive penalties. The following are afflictive penalties under the Rev. Penal Code: Reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, prision mayor, and fine, whether imposed as a single of as an alternative penalty, which exceeds 6,000 pesos. [Arts. 25-26, RPC].

Affordable cost. The most reasonable price of land and shelter based on the needs and financial capability of Program beneficiaries and appropriate financing schemes. [Sec. 3, RA 7279].

Affreightment contract. 1. A contract by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight. [Planters Products v. CA, GR 101503. Sep. 15, 1993, citing Bouvier's Law Dict., 3rd Rev., Vol. I, p. 470]. 2. A contract with the ship owner to hire his ship or part of it, for the carriage of goods, and generally takes the form either of a charter party or a bill of lading. [Market Developers v. IAC, GR 74978. Sep. 8, 1989].

AFMA. See Agriculture and Fisheries Modernization Act of 1997.

A fortiori. Lat. More effective; with greater reason. [LawInfo Legal Dict. (2005)].

AFP. See Armed Forces of the Philippines.

AFTA. ASIAN Free Trade Agreement initiated by the Association of South East Asian Nations. [Sec. 3, RA 9367].

After-acquired property. Property acquired during the interval between the execution of the will and the death of the testator which are not, as a rule, included among the properties disposed of, unless it should expressly appear in the will itself that such was the intention of the testator. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 35, citing Art. 794, CC].

After care services. The provision of interventions, approaches, and strategies with the end goal of ensuring effective reintegration of older persons discharged from residential facilities. [Art. 5, IRR of RA 9994].

After-cataract. See Secondary cataract.

After date. The term refers to the date of issuance of the negotiable instrument. [Claridades, A., Compilation of Notes, 2001-2006].

After sight. The term refers to the date of presentment for acceptance to the drawee of the negotiable instrument. [Claridades, A., Compilation of Notes, 2001-2006].

Agabon doctrine. Labor. In cases involving dismissals for cause but without observance of the twin

requirements of notice and hearing,

the better rule is to abandon the Serrano doctrine and to follow Wenphil [doctrine] by holding that the dismissal was for just cause but imposing sanctions on the employer. [From Agabon v. NLRC, GR 158693, Nov. 17, 2004]. Compare with Serrano doctrine and Wenphil doctrine.

Agama Arbitration Council. A body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Phils.)].

Agencies under the Office of the President. Those offices placed under the chairmanship of the President, those under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any specific department. [Sec. 23, Chap. 8, Title II, Admin. Code of 1987].

Agency. 1. Civ. Law. A relationship between 2 parties whereby one party, called the principal, authorizes another, called the agent, to act for and in his behalf on transactions with third persons. [Rallos v. Chan, GR L-24332. Jan. 31, 1978]. 2. Civ. Serv. Any bureau, office, commission, administration, board, committee, institute, corporation, whether performing governmental or proprietary function, or any other unit of the Natl.Govt., as well as provincial, city or municipal government. [Sec. 3, PD 807].

Agency contract. 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. [Art. 1868, CC].

Agency coupled with an interest. (a) An agency created not only for the interest of the principal but also for the interest of a third person; or (b) one created for the mutual interest of both the principal and the agent. [Diaz, Bus. Law Rev., 1991 Ed., p. 171].

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), LC].

Agency-hired workers. Those hired through agencies / contractors to perform or complete a job, work or service within the premises of the establishment. They are excluded from the total employment of the establishment. [laborlaw.usclaw.org; July 26, 2011].

Agency of the government. Any of the various units of the Government, including a department, bureau, office,

instrumentality, or GOCC, or a local govt. or a distinct unit therein. [Sec. 2, Admin. Code of 1987].

Agency shop. Labor. An agreement under which employees who do not join the union must pay dues as a condition of employment to help defray the union expenses as a bargaining agent for the group or all the employees. This is otherwise know as the .anti-free rider. or .hitchhiker. clause in the CBA. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157].

Agency to sell. A contract whereby a person who received goods from another is obligated to return them to the latter if ever he is unable to sell them. [Moreno s Law Dict., 2000 Ed., pp. 18-19].

Agent. Civ. Law. 1. A person who, by the contract of agency, 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. [Art. 1868, CC]. 2. A person who has received the power to act on behalf of another, binding that other person as if he were himself making the decisions. The person who is being represented by the agent is referred to as the principal. [Duhaime's Legal Dict., 2004]. See also Representative.

Agent. Corp. Law. 1. For purposes of serving court processes on juridical persons, A representative so integrated with the corporation sued as to make it a priori supposable that he will realize his responsibilities and know what he should do with any legal papers served on him. x x x. [Pasig Cylinder Manufacturing Corp. v. Rollo, GR 173631, Sept. 8, 2010, citing Sec., Rule III, NLRC Rules]. 2. [I]t does

not necessarily connote an officer of the corporation. However, though this may include employees other than officers of a corporation, this does not include employees whose duties are not so integrated to the business that their absence or presence will not toll the entire operation of the business. [Pabon v. NLRC, 357 Phil. 7, 15-16 (1998)].

Agente administrador. Sp. Managing agent. [Moreno s Law Dict., 2000 Ed., p. 19].

Agente de negocios. Sp. See Business agent.

Agent of a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority. [Art. 152, RPC, as amended by PD 299 and BP 873].

Age of criminal responsibility. The age when a child, 15 years and 1 day old or above but below 18 years of age, commits an offense with discernment. [Rule on Juveniles in Conflict with The Law, AM 02-1-18SC, Nov. 24, 2009].

Age of gestation. The length of time the fetus is inside the mother's

womb. [Sec. 3, RA 10028; Sec. 3, RA 7600].

Age of majority. It commences at the age of 18 years. [Art. 234, FC, as amended by RA 6809]. Also, Majority.

AGFP. See Agricultural Guarantee Fund Pool.

Aggravated illegal possession of firearm. The use of unlicensed firearm in the commission of homicide or murder which aggravates the crime and makes it more heavily punished with the capital punishment. [People v. Caling, GR 94784. May 8, 1992]. Compare with Simple illegal possession of firearm.

Aggravating circumstances. Those circumstances that serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 52]. Compare with Mitigating circumstances.

Aggregator. A person or entity, engaged in consolidating electric power demand of end-users in the contestable market, for the purpose of purchasing and reselling electricity on a group basis. [Sec. 4, RA 9136].

Aggression. Intl. Law. The use of armed force by a state against the

sovereignty, territorial integrity or political independence of another state or in any other manner inconsistent with the UN Charter. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50, citing Resolution of the UN Gen. Assembly, Dec. 14, 1974].

Aggrieved party. See Person aggrieved.

Agrarian dispute. 1. Any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements. [Sec. 3, RA 6657]. 2. It includes any controversy relating to compensation of lands acquired and other terms and conditions of transfer of ownership from landowner to farmworkers, tenants, and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee. It relates to any controversy relating to, among others, tenancy over lands devoted to agriculture. [Vide Amurao v.Villalobos, GR 157491, June 20, 2006, 491 SCRA 464].

Agrarian reform. Redistribution of land, regardless of crops or fruits produced, to farmers and regular farmworkers 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 alternative 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. [Sec. 3, RA 6657].

Agrarian reform beneficiary (ARB). Farmers who were granted lands under PD 27, the CARL and RA 9700 or the "Comprehensive Agrarian Reform Extension with Reforms" and regular farm workers who are landless, irrespective of tenurial arrangement, who benefited from the redistribution of lands, regardless of crops or fruits produced, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other alternative arrangements to the physical distribution 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. [Sec. 3, RA 10000].

Agrarian reform community (ARC). A barangay at the minimum or a cluster of contiguous barangays where there is a critical mass of farmers or farm workers and which features the main thrust of agrarian development: land tenure improvement and effective delivery of support services. [Sec. 4, RA 8435].

Agrarian reform credit. Production or other types of loans used for the acquisition of work animals, farm equipment and machinery, seeds, fertilizers, poultry and livestock feeds and other similar items; acquisition of lands authorized

under the Comprehensive Agrarian Reform Law (CARL); construction or acquisition of facilities for the production and effective merchandising of agricultural commodities. [Sec. 4, RA 7607].

A gratis argumentis. Lat. For the sake of argument. [Claridades, A., Compilation of Notes, 2001-2006].

Agreation. Intl. Law. The practice now observed by most states by means of which inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. It is only when the receiving state manifests its agrement or consent that the diplomatic representative is appointed and formally accredited. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 83].

Agreement. 1. A coming together of minds; the coming together in accord of 2 minds on a given proposition. [Mindanao Terminal & Brokerage Services v. Confesor, GR 111809. May 5, 1997, citing Black's Law Dict. 62 (5th Ed., 1979)]. 2. Mutual consent. [Jurist s Legal Dict., 2004].

Agreement, arrangement or accord. Intl. Law. The terms are used interchangeably and refer to an instrument of a more limited subject and of lesser importance than a formal treaty or convention.

[Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].

Agri-Agra Reform Credit Act of 2009, The. RA 10000 entitled .An Act Providing for an Agriculture and Agrarian Reform Credit And Financing System Through Banking Institutions. enacted on Feb, 23, 2010.

Agri-business activity. Any business activity involving the manufacturing, processing, and / or production of agricultural produce, excluding farm level agricultural / crop production. [Sec. 4, RA 6977, as amended].

Agricultural activity. Also Agricultural enterprise. See Agriculture.

Agricultural engineer. A natural person who has been issued a certificate of registration by the Board of Agricultural Engineering and has taken the oath of profession of agricultural engineers. [Sec. 3, RA 8559].

Agricultural engineering, practice of. The profession requiring the application of the fundamental and known principles of engineering to the peculiar condition and requirements of agriculture as an industry and as a field of science. [Sec. 3, RA 8559].

Agricultural enterprise. Also Agricultural activity. See Agriculture.

Agricultural Guarantee Fund Pool

(AGFP). The 5% of the 2007 surplus of the GOCCs and GFIs including the PAGCOR, the PCSO, the SSS, and the GSIS as mandated by AO 225-A, s. 2008, and the penalties collected from banking institutions for noncompliance and undercompliance as provided under RA 10000. [Sec. 3, RA 10000].

Agricultural land. 1. Land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land. [Sec. 3 (c), RA 6657]. 2. Land devoted principally to the raising of crops such as rice, corn, sugar cane, tobacco, coconut, etc., or to pasturing, dairying, inland fishery, salt making, and other agricultural uses, including timberlands and forest lands. [Sec. 3, PD 464].

Agricultural land, premature conversion of. The undertaking of any development activity, the results of which modify or alter the physical characteristics of the agricultural lands to render them suitable for non-agricultural purposes, without an approved order of conversion from the DAR. [Sec. 4, RA 8435].

Agricultural lands. 1. Lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations by persons whether natural or juridical and not classified by law as mineral land, forest land, residential land, commercial land, or industrial land. [Sec. 4, RA 8435]. 2. Lands which are arable and suitable

agricultural lands and do not include commercial, industrial and residential lands. [Luz Farms v. Sec. of the DAR, GR 86889, 4 Dec. 1990, 192 SCRA 51, citing Record, CONCOM, 7 Aug. 1986, Vol. III, p. 30].

Agricultural land use conversion. The process of changing the use of agricultural land to non-agricultural uses. [Sec. 4, RA 8435].

Agricultural lease relationship. See Share tenancy relationship.

Agricultural lessee. 1. Any person who, with or without help from his / her immediate farm household, cultivates the land owned by another for a certain price in money, in produce, or in both. [Sec. 3, RA 10000]. 2. A person who, by himself and with the aid available from within his immediate farm household, cultivates the land belonging to, or possessed by, another with the latter's consent for purposes of production, for a price certain in money or in produce or both. It is distinguished from civil lessee as understood in the Civil Code of the Phils. [Sec. 166, RA 3844].

Agricultural lessor. A person, natural or juridical, who, either as owner, civil law lessee, usufructuary, or legal possessor, lets or grants to another the cultivation and use of his land for a price certain. [Sec. 166, RA 3844].

Agricultural mechanization. The development, adoption, manufacture and application of appropriate location-specific, and cost-effective agricultural technology using human, animal,

mechanical, electrical and other non-conventional sources of energy for agricultural production and postharvest operations consistent with agronomic conditions and for efficient and economic farm management. [Sec. 4, RA 8435].

Agricultural owner-cultivator. Any person who, providing capital and management, personally cultivates his own land with the aid of his immediate family and household. [Sec. 166, RA 3844].

Agricultural product. 1. A specific commodity under Chapter 1 to 24 of the Harmonized System (HS) of the Commodity Classification as used in the Tariff and Customs Code of the Phils. [Sec. 4, RA 8800]. 2. The yield of the soil, such as corn, rice, wheat, rye, hay. coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their by-products; ordinary salt; all kinds of fish; poultry; and livestock and animal products, whether in their original form or not. [Sec. 131, RA 7160].

Agricultural production. Raising, growing and rearing of crops, livestock and fisheries for food, feed and as raw materials. [Sec. 2, PD 2032].

Agricultural purpose. A purpose related to the production, harvest, processing, manufacture, distribution, storage, transportation, marketing, exhibition or disposition of agricultural, fishery or marine products. [Art. 4, RA 7394].

Agricultural sector. The sector engaged in the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry, or fish, including the harvesting and marketing of such farm products, and other farm activities and practices. [Sec. 4, RA 8435].

Agricultural tenancy. The physical possession by a person of land devoted to agriculture belonging to, or legally possessed by, another for the purpose of production through the labor of the former and of the members of his immediate farm household, in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or in both. [Sec. 3, RA 1199].

Agricultural Tenancy Act of the Philippines. RA 199 entitled .An Act to govern the relations between landholders and tenants of agricultural lands (leaseholds and share tenancy). enacted on Aug. 30, 1954.

Agricultural year. 1. The period of time required for raising a particular agricultural product, including the preparation of the land, sowing, planting and harvesting of crops and, whenever applicable, threshing of said crops: Provided, however, That in case of crops yielding more than one harvest from planting, agricultural year shall be the period from the preparation of the land to the first harvest and thereafter from harvest to harvest. In both cases, the period may be shorter or longer than a calendar year. [Sec. 166, RA 3844]. 2. The period of time necessary for the raising of seasonal agricultural products, including the preparation of the land, and the sowing, planting and harvesting the crop. [Sec. 5 [c], RA 1199].

Agriculture. 1. Farming in all its branches and among other things includes the cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products. [Art. 97, LC]. 2. The art or science of cultivating the ground and raising and harvesting crops, often, including also, feeding, breeding and management of livestock, tillage, husbandry, farming. [Webster's Intl. Dict., 2nd Ed. (1954)].

Agriculture. Also Agricultural enterprise or Agricultural activity. The cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by person whether natural or juridical. [Sec. 3, RA 6657].

Agriculture and fisheries modernization. The process of transforming the agriculture and fisheries sectors into one that is

dynamic, technologically advanced and competitive yet centered on human development, guided by the sound practices of sustainability and the principles of social justice. [Sec. 4, RA 8435].

Agriculture and Fisheries Modernization Act (AFMA) of 1997. RA 8435 entitled .An Act prescribing urgent related measures to modernize the agriculture and fisheries sectors of the country in order to enhance their profitability, and prepare said sectors for the challenges of globalization through an adequate, focused and rational delivery of necessary support services, appropriating funds therefor and for other purposes. enacted on Dec. 22, 1997.

Agro-Industry Modernization Credit and Financing Program (AMCFP). The umbrella credit / financing program of the government for the agriculture and fisheries sector created under RA 8435, otherwise known as the "Agriculture and Fisheries Modernization Act of 1997". By design, AMCFP funds are provided as loans to GFIs called 'credit wholesalers', which in turn relend them to qualified 'credit retailers' that include rural banks, thrift banks, cooperative banks, NGOs, NFA and other associations / POs engaged in lending to small farmers and fisherfolk. [Sec. 3, RA 10000].

Agro-processing activities. The processing of raw agricultural and fishery products into semi-processed or finished products which include materials for the manufacture of food and / or non-food products, pharmaceuticals and other industrial products. [Sec. 4, RA 8435].

Aid. To support, to help, to assist or

to strengthen or to act in cooperation with. [Gatchalian v. Comelec, GR L-32560-61. Oct. 22, 1970, citing Black's Law Dict., 3rd Ed., p. 86].

Aid and abet. To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime. [Glossary of Legal Terms (Pro-Se), 2004].

Aide-memoire. Literally means .aid to memory.. A diplomatic correspondence consisting of a brief summary of oral representations already made. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].

Aiding and abetting a band of brigands. Crim. Law. The felony committed by any person who knowingly and in any manner aiding, abetting or protecting a band of brigands as described in the Art. 306 of the Rev. Penal Code, or giving them information of the movements of the police or other peace officers of the Government, when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands. [Art. 307, RPC].

AIDS or Acquired Immune Deficiency Syndrome. 1. A human disease characterized by a marked decrease of helper-induced T-lymphocyte cells, resulting in a general breakdown of the body s immune system. 2. The final and

most serious stage of HIV infection. [Escarcha v. Leonis Navigation Co., Inc., GR 182740, July 5, 2010, citing Webster s Family Encycl., Vol. 1, p. 16]. Compare with HIV.

Air carrier or operator. 1. A person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation services or air commerce. The term may likewise refer to either a "Phil. air carrier" or a "foreign air carrier" as indicated by the context. [Sec. 3, RA 9497]. 2. A person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation or air commerce. [Sec. 3, RA 776].

Air commerce or Commercial air transport operation. 1. [It] includes scheduled or nonscheduled air transport services for pay or hire, the navigation of aircraft in furtherance of a business, the navigation of aircraft from one place to another for operation in the conduct of a business, or an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. [Sec. 3, RA 9497]. 2. 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, RA 776].

Airconditioning equipment. Equipment for the control of temperature, humidity, purity, and environment such as room, split and unitary package type (air-cooled and water-cooled) airconditioners whose prime mover may be steam, electricity, the sun and any other source of power, commercial and industrial airconditioning systems; direct expansion or chilled water systems; airconditioners for all types

of vehicles, sealed, semi-sealed and open type refrigerant compressor of the reciprocating rotary, screw, centrifugal, or absorption type; cooling towers, airblowers, ventilators air handling units, condensers, receivers, and evaporator coils; electric or pneumatic controls. [Sec. 1, PD 1572].

Aircraft. 1. Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface. The term "aircraft", when used in RA 9497 or in regulations issued thereunder, shall refer to civil aircraft only, and will not include State or public aircraft. [Sec. 3, RA 9497]. 2. Any contrivance now known or hereafter invented, used, or designed for navigation of, or flight in, the air. [Sec. 3, RA 776].

Aircraft accident. An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which: (1) Any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft of anything attached thereto; or (2) The aircraft receives substantial damage. [Sec. 3, RA 9497].

Aircraft engine. Any engine use, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. [Sec. 3, RA 9497; Sec. 3, RA 776].

Aircraft incident. The occurrence, other than an accident, which is associated with the operation of an aircraft when the safety of the aircraft has been endangered, or is a situation which could endanger an aircraft and if it occurred again in other circumstances. [Sec. 3, RA 9497].

Aircraft piracy. Any actual or attempted seizure or exercise of control, by force or violence, or by any other form of intimidation, with wrongful intent, of an aircraft within the jurisdiction of the Philippines. [Sec. 3, RA 9497]. See Hijacking.

Aircraft radio station. A radio station on board any aircraft. [Sec. 3, RA 9497; Sec. 3, RA 776].

Airman. Any individual who engages, as the person in command or as pilot, mechanic, flight radio operator or member of the crew, in the navigation of aircraft while under way; and any individual who is directly in charge of inspection, maintenance, overhauling, or repair of aircraft, aircraft engine, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control operator. [Sec. 3, RA 9497; Sec. 3, RA 776].

Airman license. A written authorization or permission issued to any person for the exercise of the privileges of flying, maintaining, controlling, directing, dispatching,

instructing or any other civil aviation activity which is regulated and supervised by the CAAP. [Sec. 3, RA 9497].

Air navigation. The practice of controlling, guiding and operating aircraft from airport of departure to predetermined airport of destination, including alternate airports. To ensure safety, regularity and efficiency of civil aviation operations, standardization and common understanding among all parties involved are essential in all matters affecting the operation of aircraft and the numerous facilities and services required in their support, such as airports, telecommunications, navigation aids, meteorology, air traffic services, search and rescue, aeronautical information services and aeronautical charts, in accordance with the procedures, rules and regulations contained in the appropriate Annexes to the Chicago Convention. [Sec. 3, RA 9497].

Air navigation facility. Any facility used in, available for use in, or designed for use in aid of air navigation, including airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio directional finding, or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. [Sec. 3, RA 9497; Sec. 3, RA 776].

Air navigation services. [It] includes information, directions and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft, and the control of movement of vehicles in any part of an airport used for the movement of aircraft. [Sec. 3, RA 9497].

Air operator. Any organization which undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly, or by a lease or any other arrangement. [Sec. 3, RA 9497].

Air Operator Certificate (AOC). A certificate authorizing an operator to carry out specified commercial air transport operations. [Sec. 3, RA 9497].

Air pollutant. Any harmful or undesirable matter emitted in the atmosphere, including smoke, soot, solid particles of any kind, undesirable gases, fumes and obnoxious odors. [Sec. 2, PD 1181].

Airport. Any area of land or water designed, equipped, set apart or commonly used for affording facilities for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically. [Sec. 3, RA 9497].

Air route. The navigable airspace between 2 points and the terrain

beneath such airspace identified, to the extent necessary, for application of flight rules. [Sec. 3, RA 9497].

Air route and airway facilities. Facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, including: (1) Visual and non-visual aids along the air routes and airways; (2) Visual and non-visual aids to approach and landing at airports; (3) Communication services; (4) Meteorological observations; (5) Air traffic control services and facilities; and (6) Flight services and facilities. [Sec. 3, RA 9497].

Airspace. The space above a state and coming under its jurisdiction. [Intl. Law Dict. & Direct., 2004].

Air transport. The transportation of persons, property, mail or cargo by aircraft. [Sec. 3, RA 9497].

Air transportation. Service or carriage of persons, property, or mail, in whole or in part, by aircraft. [Sec. 3, RA 776].

Air transport service. The act of transporting persons, property, mail cargo, in whole or in part, by aircraft to points within or outside of the Philippines. [Sec. 3, RA 9497].

Airway. A path thru the navigable air space identified by an area of specified width on the surface of the earth designated or approved by the Civil Aeronautics Administrator as suitable for air commerce or air transportation. [Sec. 3, RA 776].

Air waybill or Airway bill. An instrument issued by an air carrier to a shipper that serves as a receipt for goods and as evidence of the contract of carriage, but is not a document of title for the goods. [Intl. Law Dict. & Direct., 2004].

Airwolf. A kind of sky rocket shaped like an airplane with a propeller to rise about 40 or 50 feet and provide various kinds of light while aloft. [Sec. 2, RA 7183].

Airworthiness. An aircraft, its engines, 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, RA 9497; Sec. 3, RA 776].

AKPF. See Abot-Kaya Pabahay Fund.

Al-Amanah Islamic Investment Bank of the Philippines, The Charter of the. RA 6848 entitled .An Act providing for the 1989 charter of the Al-Amanah Islamic Investment Bank of The Phils., authorizing its conduct of Islamic banking business, and repealing for this purpose PD 264 as amended by PD 542 (creating the Phil. Amanah Bank). enacted on Jan. 26, 1990.

Alarm. Crim. Law. 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).

Alarms and scandals. Crim. Law. The felony committed by: (a) any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; (b) any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; (c) any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or (d) any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Art. 153 of the Rev. Penal Code applicable. [Art. 155, RPC].

Albularyo. Tag. Quack doctor. [People v. Abo, GR 107235. Mar. 2, 1994].

Alcoholism. A diseased condition caused by the excessive use of alcoholic liquors. Continued, excessive or compulsive use of alcoholic drink. [Moreno s Law Dict., 2000 Ed., p. 23].

Aleatory contract. Civ. Law. 1. A contract whereby one of the parties or both reciprocally bind 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. [Art. 2010, CC]. 2. A contract which,

unlike a conditional agreement whose efficacy is dependent on stated conditions, is at once effective upon its perfection although the occurrence of a condition or event may later dictate the demandability of certain obligations thereunder. [Tibay v. CA, GR 119655. May 24, 1996].

Alevosia. Crim. Law. Treachery. It exists when the culprit commits the crime by employing means, methods, or forms in the execution thereof which tend to directly and specially insure it without risk to the person of the criminal, arising from any defense the injured party might make. [Art. 10, RPC].

Alfonso doctrine. The doctrine enunciated in the leading case of Alfonso v. Pasay [106 Phil. 1017 (1960)] that to determine due compensation for lands appropriated by the Government, the basis should be the price or value at the time it was taken from the owner and appropriated by the Government. [Napocor v. CA, GR L56378. June 22, 1984].

Alias. 1. A name or names used by a person or intended to be used by him publicly and habitually usually in business transactions in addition to his real name by which he is registered at birth or baptized the first time or substitute name authorized by a competent authority. A man s name is simply the sound or sounds by which he is commonly designated by his fellows and by which they distinguish him but sometimes a man is known by several different names and these are known as aliases. [Ursua v. CA, GR 112170, Apr. 10, 1996, citing Words & Phrases, Permanent Ed., Vol. III, West Publishing Co., p. 139]. 2. Term used to indicate another name by which a person is known. Short for .alias dictus.; also

known as (a.k.a.). [Black s Law Dict., Abr. 5th Ed. (1983), p. 36].

Alias subpoena. Rem. Law. One issued after the first has been returned without having accomplished its purpose. [Black s Law Dict., Abr. 5th Ed. (1983), p. 37].

Alias summons. Rem. Law. Other summons issued the clerk, on demand of the plaintiff, as the case may require, in the same form as the original summons, in case the latter is returned without being served on any or all of the defendants, or if it has been lost. [Sec. 4, Rule 14, RoC].

Alias writ. Rem. Law. 1. A second or further writ. [Black s Law Dict., Abr. 5th Ed. (1983), p. 37]. 2. A second writ, or court order, issued in the same case after an earlier writ of that kind has been issued but has not been effective. [Claridades, A., Compilation of Notes, 2006-2011].

Alias writ of execution. Rem. Law. One issued after the first has been returned without accomplishing its purpose. [Black s Law Dict., Abr. 5th Ed. (1983), p. 37].

Alibi. 1. The plea of having been elsewhere than at the scene of the crime at the time of the commission of the felony. [People v. Bracamonte, GR 95939, June 17, 1996]. 2. A defense that places the

defendant at the relevant time of the crime in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party. [People v. Acob, 246 SCRA 715, 723 (1995), citing Black's Law Dict., 6th Ed., p. 71].

Alibi. Requisites: To establish it, the accused must show (a) that he was at some other place for such a period of time (b) that it was impossible for him to have been at the place where the crime was committed at the time of its commission. [US v. Oxiles, 20 Phil. 587; People v. Palomos, 49 Phil. 601; People v. Resabal, 50 Phil. 780].

Alien. A foreign-born person who has not qualified as a citizen of the country. [Glossary of Legal Terms (Pro-Se), 2004].

Alienable and disposable lands. Lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. [Sec. 4, RA 7900; Sec. 3, PD 705].

Alienate. To sell or give completely and without reserve; to transfer title to somebody else. A voluntary conveyance of property, especially real property. [Duhaime's Legal Dict., 2004].

Alienation. The transfer of the property and possession of lands, tenements, or other things from one person to another. The act by which the title to real estate is voluntarily assigned by one person to another and accepted by the latter, in the form prescribed by law. [Roxas v.

CA, GR 92245. June 26, 1991, citing Cf. In re Enrhardt, USDC, 19F. 2d 406, 407].

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. [Claridades, A., Compilation of Notes, 2006-2011].

Alien Employment Permit (AEP). A document issued by the Sec. of Labor and Employment through the DOLE-Regional Director, who has jurisdiction over the intended place of work of the foreign national, authorizing the foreign national to work in the Phils. [laborlaw.usclaw.org; July 26, 2011].

Alienist. One who treats the diseases of the mind, a physician who specializes in psychiatry. [People v. Medina, GR 113691. Feb. 6, 1998., citing Webster's 3rd New Intl. Dict.].

Alien Social Integration Act of 1995, The. RA 7919 entitled .An Act granting legal residence status to certain aliens through a social integration program in the Phils. under certain conditions. enacted on Feb. 24, 1995.

Alignment characteristics. The writing characteristics and habits existing in the questioned and standard signatures [based on] the relationship of the letters in the name with the base line or where the letters rest. [Obando v. People, GR 138696, July 7, 2010]. Compare

with Arrangement characteristics and Proportion characteristics.

Alimony. An amount given by one spouse to another while they are separated. Historically, the word referred to monies paid while spouses were legally separated but still wed locked. [Duhaime's Legal Dict., 2004].

Alimony. An amount given to one spouse to another while they are separated. [Claridades, A., Compilation of Notes, 2001-2006].

Alimony pendente lite. The payment of alimony during the pendency of an action between spouses. [Claridades, A., Compilation of Notes, 2006-2011].

Alipin. Tag. Slave. [Claridades, A., Compilation of Notes, 2001-2006].

Aliquot. Fractional. [Claridades, A., Compilation of Notes, 2001-2006].

Aliunde. Lat. From some other source; from outside the will. [Claridades, A., Compilation of Notes, 2006-2011].

All. The whole extent or quantity of, the entire number of, every one of. [Chua v. Cabangbang, GR L-23253. Mar. 28, 1969, citing Webster's New World Dict. of the Amer. Lang., 1959 Ed., p. 38].

Allegans contraria non est audiendus. Lat. contradictory

statements will not be heard or considered. [Moreno s Law Dict., 2000 Ed., p. 25].

Allegation. A statement of the issues in a written document (a pleading) which a person is prepared to prove in court. [Glossary of Legal Terms (Pro-Se), 2004].

Allegiance. The obligation of fidelity and obedience which individuals owe to the govt. under which they live or to their sovereign in return for the protection which they receive. [People v. Echegaray, GR 117472. Feb. 7, 1997, citing 52 Am Jur 797].

Alley. A public way intended to serve both pedestrian and emergency vehicles, and also access to lots, both end always connecting to streets. [Sec. 3, BP 220].

Alliance. A military treaty between 2 or more states, providing for a mutually-planned offensive, or for assistance in the case of attack on any member. [Duhaime's Legal Dict., 2004].

Allision. A term in admiralty law which refers to a collision between a moving vessel and a stationary vessel or marine object. [Claridades, A., Compilation of Notes, 20062011].

Allocation. The act of assigning a position to its proper class and salary grade. [Sec. 3, PD 985].

Allonge. A piece of paper which has been attached to a contract, a check or any promissory note, on which to

add signatures because there is not enough room on the main document. [Duhaime's Legal Dict., 2004].

Allotments. Authorizations issued by the DBM to an agency which allow the latter to incur obligations within a specified amount, as duly authorized by a Legislative appropriation. [Sec. 3, EO 518].

Allowance. A benefit over and above the basic salary of an employee. [Moreno s Law Dict., 2000 Ed., p. 25].

Allowance for good conduct. The deductions from the period of the sentence to which any prisoner in any penal institution shall be entitled for good conduct. [Art. 97, RPC].

Allowance for good conduct (for each month of good behavior). The term refers to good behavior of a prisoner while he is serving his term as a convict. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969].

Allowance of wills. Also Probate of wills. A special proceeding for establishing the validity of the will or for the purpose of proving that the instrument offered for probate is the last will and testament of the testator, that it has been executed in accordance with the formalities prescribed by law, and that the testator had the necessary testamentary capacity at the time of the execution of the will. [Jurado, Comments and Jurisp. on Succ., 1991 8th Ed., p. 133].

Allowance of wills probated abroad. Evidence necessary: (a) the due execution of the will in accordance with the foreign laws; (b) the testator has his domicile in the foreign country and not in the Phils.; (c) the will has been admitted to probate in such

country; (d) the fact that the foreign tribunal is a probate court, and (e) the laws of a foreign country on procedure and allowance of wills. [Vda. De Perez v. Tolete, GR 76714. June 2, 1994].

Allow Departure Order (ADO). A directive that allows the traveler to leave the territorial jurisdiction of the Philippines. This is issued upon application to the Commissioner of Immigration and the appropriate government agency. [An outline of Phil. Immigration and Citizenship Laws, Vol. I, Ledesma, p. 34]. Compare with Hold Departure Order.

All risks. The term is given a broad and comprehensive meaning as covering any loss other than a willful and fraudulent act of the insured. [Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989].

All risks insurance. An insurance the very purpose of which is to give protection to the insured in those cases where difficulties of logical explanation or some mystery surround the loss or damage to property. [Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989].

All risks policy. Insurance against all causes of conceivable loss or damage, except as otherwise excluded in the policy, or due to fraud or intentional misconduct on the part of the insured. [Claridades, A., Compilation of Notes, 20012006].

Alluvial deposits along the banks of a creek. Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, and lakes, by accessions or sediments from the waters thereof [which] belong to the owners of such lands. [Art. 84, Sp. Law of Waters of 1866, in relation to Art. 457, CC].

Alluvion. Also Alluvium. Prop. Soil deposited to the lands adjoining the banks of the rivers and gradually received as an effect of the current of the waters. It is owned by the riparian owners. 2. The accretion which lands adjoining the banks of rivers gradually receive from the effects of the current of the waters and which belongs to the owners of such lands. [Art. 457, CC]. See Accretion.

Almost. Nearly; in large part; wellnigh; little short of [Phil. Amer. Drug Co. v. CIR, GR L-15162. Apr. 18, 1962 citing Webster's Intl. Dict., 2nd Ed., Unabr.].

Also. In addition; as well; besides, too. [Sarmiento III v. Mison, GR 79974. Dec. 17, 1987, citing Webster's Intl. Dict., p. 62, 1981 Ed.].

Alter. To add, change, substitute or omit something from a pleading or instrument. [Cuenco v. Laya, GR L31252. Dec. 22, 1969].

Alteration. Civ. Law. 1. The act by virtue of which a co-owner, in opposition to the common agreement, if there is any, or, in the absence thereof, to the tacit agreement of all the co-owners, and violating their will, changes the

thing from the state in which the others believe it should remain, or withdraws it from the use to which they desire to be intended. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 192]. 2. Changing or making different. [Glossary of Legal Terms (Pro-Se), 2004].

Alteration or amendment. Rem. Law. The act of adding, changing, substituting or omitting something from a pleading or instrument. In plain words, a pleading or instrument may be amended either by correcting or by omitting any word, phrase or sentence set forth therein, or by adding something to it. In the last instance we have the case of an amendment by addition. [Cuenco v. Laya, GR L-31252. Dec. 22, 1969]. Compare with Spoliation.

Alter ego. Lat. Another self. An alter ego company is one that is not treated by its owners as a separate entity. [Intl. Law Dict. & Direct., 2004].

Alter ego principle. The rule that members of Cabinet may act for and in behalf of the President in certain matters because the President cannot be expected to exercise his control (and supervisory) powers personally all the time. Each head of a department is, and must be, the President's alter ego in the matters of that department where the President is required by law to exercise authority. [Villena v. Sec. of the Interior, 67 Phil. 451, 464 (1939)].

Altering boundaries or landmarks. Crim. Law. The felony committed by any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. [Art. 313, RPC].

Alternat. Intl. Law. An arrangement under which each negotiator is allowed to sign first on the copy of the treaty which he will bring home to his country, the purpose being to preserve the formal appearance of equality among the contracting states and to avoid delicate questions of precedence among its signatories. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 96].

Alternative causes of action or defenses. 2 or more statements of a claim or defense which a party may set forth alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When 2 or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. [Sec. 2, Rule 8, RoC].

Alternative circumstances. 1. Those circumstances which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. [Art. 15, RPC]. 2. Those circumstances that are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. [Gregorio, Fund. of Crim. Law Rev., 1997 9th

Ed., p. 52, citing Art. 15, RPC].

Alternative defendants. Any or all of several persons against whom the plaintiff is entitled to relief and of whom he is uncertain may be joined as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other. [Sec. 13, Rule 3, RoC].

Alternative dispute resolution (ADR). 1. The methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of 2 forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise. [Duhaime's Legal Dict., 2004]. 2. Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others. [Glossary of Legal Terms (Pro-Se), 2004].

Alternative dispute resolution (ADR) system. Any process or procedure used to resolve a dispute or controversy, other than by

adjudication of a presiding judge of a court or an officer of a govt. agency, as defined in RA 9285, 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, RA 9285].

Alternative fuel vehicle / engine. Vehicle / engines that use alternative fuels such as biodiesel, bioethanel, natural gas, electricity, hydrogen and automotive LPG instead of gasoline and diesel. [Sec. 3, RA 9367].

Alternative health care modalities. Other forms of nonallopathic, occasionally nonindigenous or imported healing methods, though not necessarily practiced for centuries nor handed down from one generation to another. Some alternative health care modalities include reflexology, acupuncture, massage, acupressure, chiropractics, nutritional therapy, and other similar methods. [Sec. 4, RA 8423].

Alternative learning system. A parallel learning system to provide a viable alternative to the existing formal education instruction. It encompasses both the non-formal and informal sources of knowledge and skills. [Sec. 4, RA 9155].

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].

Alternative obligation. An obligation wherein various prestations are due, but the performance of one of them is sufficient, determined by the choice which as a general rule belongs to the debtor. [Art. 1199, CC]. Compare with Facultative obligation.

Alterum non laedere. Lat. Not to injure others. [In re: Jurado, AM 932-037 SC. Apr. 6, 1995].

Alumina smelting and refining. The production and manufacture of aluminum from ore or alumina into one or more basic forms such as ingots, billets, bars, sheets, strips, circles, tubes, rods, and castings, pipes, section and extrusions. [Sec. 2, RA 4095].

Amalgamation. The merging of 2 things together to form one such as the amalgamation of different companies to form a single company. [Duhaime's Legal Dict., 2004].

Ambassador. A citizen that has been officially asked by his country to live in another country in order to legally represent it. [Duhaime's Legal Dict., 2004].

Ambient air quality. The average atmospheric purity as distinguished from discharge measurements taken

at the source of pollution. It is the general amount of pollution present in a broad area. [Sec. 62, PD 1152].

Ambiguity. Doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an expression used in a written instrument. [Suarez, Stat. Con., (1993), p. 4, citing Black Law Dict., 4th Ed., p. 105].

Ambulance chaser. 1. Any act of improper solicitation of cases such as fomenting litigation or instigating unnecessary lawsuits. [JuanBautista, Legal and Judicial Ethics, 2002 Ed., p. 9]. 2. A lawyer who haunts hospitals and visits then homes of the afflicted, officiously intruding their presence and persistently offering his service on the basis of a contingent fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46-47, citing Warvelle, Legal Ethics, pp. 56-57].

Ambulance chasing. Figuratively, the lawyer s act of chasing an ambulance carrying the victim of an accident for the purpose of talking to the said victim or relatives and offering his legal services for the filing of a case against the person who caused the accident. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46].

Ambulatory. 1. Something which is not cast in stone; which can be changed or revoked, such as a will. [Duhaime's Legal Dict., 2004].

AMCFP. See Agro-Industry Modernization Credit and Financing Program.

Amend. 1. To change or modify for the better, to alter by modification, deletion, or addition. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994, citing Black's Law Dict., 5th Ed., 1979]. 2. To change, to revise, usually to the wording of a written document such as legislation. [Duhaime's Legal Dict., 2004].

Amended and clarified judgment. A judgment rendered by the lower court after having made a thorough study of the original judgment and only after considering all the factual and legal issues. The amended and clarified decision is an entirely new decision which supersedes the original decision. [Magdalena Estate, Inc. v. Caluag, 11 SCRA 333 (1964); Sta. Romana v. Lacson, 104 SCRA 93 (1981)].

Amended pleadings. Pleadings amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner. [Sec. 1, Rule 10, RoC].

Amendment. Isolated or piecemeal change of the instrument. [Cruz, Constl. Law, 1998 Ed., p. 11]. Compare with Revision.

A mensa et thoro. Lat. From bed and board. [Claridades, A., Compilation of Notes, 2001-2006].

Amicable settlement. A mutually negotiated and agreed upon resolution of a dispute.

Amici par excellence. Bar associations which appear in court as friends to expound on some matters of law for the information of the court. [Juan-Bautista, Legal and Judicial Ethics, 2002 Ed., p. 9].

Amicus curiae. Lat. Friend of the court. 1. A lawyer who volunteers or is requested by the court to appear to give information to the judge or the court on some doubtful questions of law. [Juan-Bautista, Legal and Judicial Ethics, 2002 Ed., p. 8]. 2. Persons asking for permission to intervene in a case in which they are neither plaintiff or defendant, usually to present their point of view (or that of their organization) in case which has the potential of setting a legal precedent in their area of activity. [Duhaime's Legal Dict., 2004].

Amnesia. Legal Med. The loss of memory of either a recent event or of past events as observed in head injuries. [Olarte, Legal Med., 1st Ed. (2004), p. 147].

Amnesty. 1. It commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended by some breach the law of nations. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 2. An act of the sovereign power granting oblivion or general pardon for the past offense, and is rarely, if ever, exercised in behalf of a certain class of persons, who are subject to trial but have not yet been convicted. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 312, citing Brown v. Walker, 161 US

602].

Amoebic colitis. An infectious disease caused by endamoeba hystolytica, frequently producing a painful passage of bloody mucoid stool. Infection is acquired by ingestion of food or drink contaminated by feces containing amoebic cyst. The tumor commences in the mucous membrane and gradually invades the deeper structures. Genetic influence is a predisposing factor. Anemia is a condition in which the normal amount of red blood cells is reduced. It may be due to blood loss secondary to the passing out of blood in the stool. [Sierra v. GSIS, GR 50954. Feb. 8, 1989].

Amortization. The extinguishment of a debt or loan through payment by installment over a stipulated period of time. [Claridades, A., Compilation of Notes, 2006-2011].

Amortizing owners. Landowners who still amortize payment for the land to a private individual or to the State. [Sec. 3, RA 10000].

Amount financed. In a consumer credit sale, it constitutes the cash price plus non-finance charges less the amount of any downpayment whether made in cash or in property traded in, or in a consumer loan the amount paid to, receivable by or paid or payable to the buyer or to another person in his behalf. [Art. 4, RA 7394].

Amount in controversy. For purposes of determining jurisdiction, the amount of the contract or the value of the property subject of the contract. [Moreno s Law Dict., 2000 Ed., p. 27].

Amparo. Sp. Protection. [Claridades, A., Compilation of Notes, 20062011].

Amparo, Writ of. A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof. [Rule on the Writ of Amparo, Sec. 1, AM 07-9-12-SC, Oct. 24, 2007]. See Writ of amparo.

Ampere. The base unit of electric current which is that constant current which, if maintained in 2 parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 x 10-7 newton per metre of length. [Sec. 4, BP 8].

Amphetamines. Synthetic amines which act with a pronounced stimulant effect on the central nervous system. They are the first and last drugs which cause a subjective feeling of improved mood true euphoria, in fact - and it is for this reason that they cause states of psychic dependence. [People v. Angeles, GR 92850. June 15, 1992].

Ample opportunity. Every kind of

assistance that management must accord to the employee to enable him to prepare adequately for his defense. [Ruffy v. NLRC, GR 84193. Feb. 15, 1990].

Ample opportunity to be heard. Any meaningful opportunity (verbal or written) given to the employee to answer the charges against him and submit evidence in support of his defense, whether in a hearing, conference or some other fair, just and reasonable way. [Perez v. Phil. Telegraph and Telephone Co., GR 152048, Apr. 7, 2009].

Amusement. A pleasurable diversion and entertainment. It is synonymous to relaxation, avocation, pastime, or fun. [Sec. 131, RA 7160].

Amusement places. Theaters, cinemas, concert halls, circuses and other places of amusement where one seeks admission to entertain oneself by seeing or viewing the show or performances. [Sec. 131, RA 7160].

Anadromous species. Marine fishes which migrate to freshwater areas to spawn. [Sec. 4, RA 8550].

Analogous. Allied or similar. [Moreno s Law Dict., 2000 Ed., p. 28].

Ancestral domains. All areas generally belonging to Indigenous Cultural Communities / Indigenous Peoples (ICCs / IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held

under a claim of ownership, occupied or possessed by ICCs / IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of govt. projects or any other voluntary dealings entered into by govt. and private individuals / corporations, and which are necessary to ensure their economic, social and cultural welfare. [Sec. 4, RA 8371].

Ancestral lands. 1. All 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, and as may be defined and delineated by law. [Sec. 3, RA 7942]. 2. Land occupied, possessed and utilized by individuals, families and clans who are members of the Indigenous Cultural Communities / Indigenous Peoples (ICCs / IPs) since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of govt. projects and other voluntary dealings entered into by govt. and private individuals / corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. [Sec. 4, RA 8371].

Anchorage. A place with sufficient depth of water where vessels anchor or may ride at anchor or may ride at anchor within the harbor. [Sec. 3, PD 857].

Ancient document. A private document which is more than 30 years old, produced from a custody in which it would naturally be found if genuine, and is unblemished by alterations or circumstances of suspicion. [Claverias v. Quingco, GR 77744. Mar. 6, 1992].

Ancient document rule. For a private ancient document to be exempt from proof of due execution and authenticity, it is not enough that it be more than 30 years old; it is also necessary that the following requirements are fulfilled; (a) that it is produced from a custody in which it would naturally be found if genuine; and (b) that it is unblemished by any alteration or circumstances of suspicion. [Lacsa v. CA, GR 79597-98. May 20, 1991, citing Francisco, Vicente J., The Revised Rules of Court in the Phil., Vol. VIII, Part II, 1973 Edition, p. 432].

Ancillary. A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled. [Glossary of Legal Terms (Pro-Se), 2004].

Ancillary industries. Fisheries Law. Firms or companies related to the supply, construction and

maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants and other preharvest and post-harvest facilities. [Sec. 4, RA 8550].

Ancillary jurisdiction. Power of court to adjudicate and determine matters incidental to the exercise of its primary jurisdiction of an action. [Black's Law Dict. 79 (5th Ed. 1979)].

Ancillary jurisdiction doctrine. The rule that in an action before the RTC, the counterclaim may be considered compulsory regardless of the amount. [Sec. 7, Rule 6, RoC].

Ancillary services. Those services that are necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the transmission system in accordance with good utility practice and the grid code to be adopted in accordance with RA 9136. [Sec. 4, RA 9136].

And. A conjunction pertinently defined as meaning "together with," "joined with;" "along or together with," "added to or linked to," used to conjoin word with word, phrase with phrase, clause with clause. [Phil. Consti. Assoc. v. Mathay, GR L-25554. Oct. 4, 1966].

Anemia. A condition in which the normal amount of red blood cells is reduced. [Sierra v. GSIS, GR 50954. Feb. 8, 1989].

Angary, right of. Intl. Law. A right by which a belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offense or defense, neutral property found in its territory, in enemy territory, or on the high seas. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 157].

Animus contrahendi. Lat. An intention to contract. [Claridades, A., Compilation of Notes, 20012006].

Animus donandi. Lat. Intent to do an act of liberality. [Tayoto v. Heirs of Cabalo Kusop, GR 74203. Apr. 17, 1990, citing Tolentino, Civil Code of the Phil., Vol. II, 1987 Ed., p. 496].

Animus furandi. Lat. Intent to gain. [People v. Alfeche, GR 102070. July 23, 1992].

Animus hominis est anima scripti. Lat. The intention of the party is the soul of the instrument. [Kilosbayan v. Guingona, GR 113375. May 5, 1994].

Animus interficendi. Lat. Intent to kill. [People v. Quijada, GR 11500809. July 24, 1996].

Animus lucrandi. Lat. Intent to gain. [People v. Gavina, GR 118076. Nov. 20, 1996].

Animus manendi. Lat. Intention to remain there. [Romualdez v. RTC Tacloban, 226 SCRA 408, 415].

Animus non revertendi. Lat. 1. An intention not to return. 2. An intention to abandon the old domicile. [Romualdez v. RTC Tacloban, 226 SCRA 408, 415].

Animus novandi. Lat. Intention to novate. [Tui Siuco v. Habana, GR 21106; 45 Phil. 707; La Tondea v. Alto Surety, 101 Phil. 879, GR L10132].

Animus occupandi. Lat. Intention to take possession of or seize. Legal rule that in order for a state to claim title to a territory, the state must intend to exercise sovereign powers therein. [Intl. Law Dict. & Direct., 2004].

Animus possidendi. Lat. An intent to possess. [Veroy v. Layague, GR 95630. June 18, 1992].

Animus rem sibi habiendi. Lat. Intent to appropriate the thing as one s own. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 465].

Animus revocandi. Lat. Intent to revoke. [Maloto v. CA, GR 76464. Feb. 29, 1988].

Annex. To attach, and often, specifically, to subjoin. To add to; to unite. [Black s Law Dict., Abr. 5th Ed. (1983), p. 45].

Annexes to the Chicago Convention. The documents issued by the International Civil Aviation Organization (ICAO) containing the standards and recommended practices applicable

to civil aviation. [Sec. 3, RA 9497].

Annotations. Remarks, notes, case summaries, or commentaries following statutes which describe interpretations of the statute. [Glossary of Legal Terms (Pro-Se), 2004].

Annual allowable cut. The volume of materials, whether of wood or other forest products, that is authorized to be cut regularly from the forest. [Sec. 3, PD 705].

Annual budget. A financial plan embodying the estimates of income certified as reasonably collectible by the provincial treasurer in the case of provinces and their respective municipalities and by the city treasurer in the case of cities, and appropriations covering the proposed expenditures for the ensuing fiscal year. [Sec. 14, PD 477].

Annual income. Revenues and receipts realized by provinces, cities and municipalities from regular sources of the local general and infrastructure funds including the internal revenue and specific tax allotments provided for in PDs 144 and 436, both as amended, but exclusive of non-recurring receipts, such as other national aids, grants, financial assistance, loan proceeds, sales of fixed assets, and similar others. [Sec. 4, EO 249, July 25, 1987].

Annual procurement plan. The itemized list prepared by the head of the department or office showing the kind, estimated quantity, estimated cost, description of supplies or property together with the balance on hand, if any,

required by the department or office for the ensuing fiscal year. [Sec. 4, Rules and Regulations on Supply and Property Management].

Annual procurement program. The itemized list prepared by the local chief executive showing the kind, estimated quantity, estimated cost, description of supplies together with the balance on hand, if any, required by the local govt. for the ensuing fiscal year. The annual procurement program shall essentially be based on the annual procurement plan. [Sec. 4, Rules and Regulations on Supply and Property Management].

Annuity. An amount payable yearly or at other regular intervals (e.g., quarterly) for a certain or uncertain period (as for years or for life, as in the case of an endowment fund). The term may refer to the right to receive such annuities, or to the agreement or contract whereby in return for capital consisting of money or other property given by the annuitant (one entitled to receive the benefits), the recipient binds himself to pay the stipulated annuity. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 97].

Annul. To reduce to nothing; to annihilate; obliterate; blot out; to make void or of no effect; to nullify; to abolish. [Nuguid v. Nuguid, GR L23445. June 23, 1966, citing Madden v. Madden, 40 A.2d 611, 614, 136 N.J. Eq. 132].

Annullable contract. See Voidable contract.

Annulment. Making void; Canceling an event or judicial proceeding both retroactively and for the future.

[Duhaime's Legal Dict., 2004].

Annulment of a contract, action for the. An action which may be instituted by all who are thereby obliged principally or subsidiarily under the contract. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. [Art. 1397, CC].

Annulment of judgment. Grounds: (a) that the judgment is void for want of jurisdiction or lack of due process of law, or (b) that it has been obtained by fraud. [Santos v. CA, GR 59771. July 21, 1993].

Anonymous testing. An HIV testing procedure whereby the individual being tested does not reveal his / her true identity. An identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test results with the identifying number or symbol. [Sec. 3, RA 8504].

Anorexia nervosa. Legal Med. A disorder characterized by a distorted body image, an extreme fear of obesity, refusal to maintain a minimally normal body weight, and in women, the absence of menstrual periods. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Bulimia nervosa.

Anovulatory. The first menstrual period of a girl characterized by the absence of ovulation. [Moreno's Phil. Law Dict., 3rd Ed., p. 29].

Answer. 1. A pleading in which a defendant or other adverse party sets forth the negative and affirmative defenses upon which he relies. [Sec. 4, Rule 6, RoC]. 2. A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint. [Glossary of Legal Terms (Pro-Se), 2004].

Answers to interrogatories. A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments. [Glossary of Legal Terms (Pro-Se), 2004].

Antecedent intelligence. Otherwise known as the Doctrine of last clear chance.

Antedate. To date back; retroactively. To date a document to a time before it was written. To date back; retroactively. To date a document to a time before it was written. [Duhaime's Legal Dict., 2004].

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, NIL].

Antedated instrument. A negotiable instrument where the date appearing thereon is earlier than the true date of its issuance. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Postdated instrument.

Ante litem motam. Lat. Before the controversy. [Sec. 39, Rule 130, RoC].

Ante mortem statement. See Dying declaration.

Ante nuptial. An event or document which pre-dates a marriage. For example, an ante-nuptial agreement is one which is signed before marriage. An ante-nuptial gift is a gift given by one spouse to the other before marriage. [Duhaime's Legal Dict., 2004].

Anthropogenic causes. Causes resulting from human activities or produced by human beings. [Sec. 3, RA 9729].

Anthropological area. Any place where studies of specific cultural groups are being or should be undertaken in the field of anthropology. Anthropology in this case is descriptive, interpretative and comparative study of all aspects of various cultural linguistic groups including the collection and analysis of their particular material culture. [Sec. 3, RA 4846].

Anti-Alias Law. CA 142, as amended by RA 6085, entitled .An Act to

Regulate the Use of Aliases. enacted on 7 November 1936.

Anti-Carnapping Act of 1972. RA 6539 entitled .An Act preventing and penalizing carnapping. enacted on Aug. 26, 1972.

Anti-Cattle Rustling Law of 1974. PD 533 signed into law on Aug. 8, 1974.

Anti-Child Pornography Act of 2009. RA 9775 entitled .An Act Defining the Crime of Child Pornography, Prescribing Penalties Therefor and for Other Purposes. enacted on Nov. 17, 2009.

Antichresis contract. A contract whereby the creditor acquires the right to receive the fruits of an immovable 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, CC].

Anticipation of duties of a public office. The assumption by any person of the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law. [Art. 236, RPC].

Anticipatory breach doctrine. The rule that where the covenant or contract is entire, and the breach total, there can be only action, and the plaintiff must therein recover all his damages. [Blossom & Co. v. Manila Gas, GR 32958. Nov. 8, 1930, citing 34 CJ, p. 839].

Anti-Deadly Arrow Law. RA 3553 entitled .An Act to prohibit the possession of deadly arrow. enacted on June 21, 1963.

Anti-Dummy Law. CA 108, as amended by PD 715, entitled .An Act to punish acts of evasion of the laws on the nationalization of certain rights, franchises or privileges. enacted on Oct. 30, 1936.

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, AntiDumping Act of 1999].

Anti-Electricity and Electric Transmission Lines / Materials Pilferage Act of 1994. RA 7832 entitled .An Act penalizing the pilferage of electricity and theft of electric power transmission lines / materials, rationalizing system losses by phasing out pilferage losses as a component thereof, and for other purposes. enacted on Dec. 8, 1994.

Anti-Fencing Law of 1979. PD 1612 entitled .Anti-Fencing Law. signed into law on Mar. 2, 1979.

Anti-graft and corrupt practices. Elements: (a) The accused is a public officer discharging administrative or official functions or private persons charged in conspiracy with them; (b) the public officer committed the prohibited act during the performance of his official duty or in relation to his public position; (c) the public officer acted with manifest partiality,

evident bad faith or gross, inexcusable negligence; and (d) his action caused undue injury to the Govt. or any private party, or gave any party any unwarranted benefit, advantage or preference to such parties. [Quibal v. Sandiganbayan, GR 109991. May 22, 1995].

Anti-Graft and Corrupt Practices Act. RA 3019 enacted on Aug. 17, 1960.

Anti-Hazing Law. RA 8049 entitled .An Act regulating hazing and other forms of initiation rites in fraternities, sororities, and organizations and providing penalties therefor. enacted on June 7, 1995.

Anti-Hijacking Law. RA 6235 entitled .An Act prohibiting certain acts inimical to civil aviation, and for other purposes. enacted on June 19, 1971.

Anti-Photo and Video Voyeurism Act of 2009. RA 9995 entitled .An Act Defining and Penalizing the Crime of Photo and Video Voyeurism, Prescribing Penalties Therefor, and for Other Purposes. enacted on Feb. 15, 2010.

Anti-Piracy and Anti-Highway Robbery Law of 1974. PD 532 signed into law on Aug. 8, 1974.

Anti-Plunder Act. RA 7080 entitled .An Act defining and penalizing the crime of plunder. enacted on July 12, 1991.

Antiques. Cultural properties found

locally which are 100 years or more in age or even less, but their production having ceased, they have, therefore, become or are becoming rare. [Sec. 3, RA 4846].

Anti-Rabies Act of 2007. RA 9482 entitled .An Act Providing for the Control and Elimination of Human and Animal Rabies, Prescribing Penalties for Violation Thereof and Appropriating Funds Therefor. enacted on May 25, 2007.

Anti-Rape Law of 1997, The. RA 8353 entitled .An Act expanding the definition of the crime of rape, reclassifying the same as a crime against persons, amending for the purpose Act No. 3815, as amended, otherwise known as the Rev. Penal Code and for other purposes. enacted on Sep. 30, 1997.

Anti-Red Tape Act of 2007. RA 9485 entitled .An Act to Improve Efficiency in the Delivery of Govt. Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft And Corruption, and Providing Penalties Therefor. enacted on June 2, 2007.

Anti-Sexual Harassment Act of 1995. RA 7877 entitled .An Act declaring sexual harassment unlawful in the employment, education or training environment, and for other purposes. enacted on Feb. 14, 1995.

Anti-Squatting Law Repeal Act of 1997. RA 8368 entitled .An Act repealing PD 772, entitled 'penalizing squatting and other similar acts . enacted on Oct. 27, 1997.

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].

Anti-Terrorism Council. A Council created under RA 9372 the members of which are: (1) the Exec. Sec., who shall be its Chairperson; (2) the Sec. of Justice, who shall be its Vice Chairperson; and (3) the Sec. of Foreign Affairs; (4) the Sec. of National Defense; (5) the Sec. of the Interior and Local Government; (6) the Sec. of Finance; and (7) the National Security Advisor, as its other members. The Council shall implement RA 9372 and assume the responsibility for the proper and effective implementation of the antiterrorism policy of the country [and] shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. [Sec. 53, RA 9372].

Anti-Torture Act of 2009. RA 9745 entitled .An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties Therefor. enacted on Nov. 10, 2009.

Anti-Violence Against Women and Their Children Act of 2004. RA 9262 entitled .An Act defining violence against women and their children, providing for protective measures for victims, prescribing penalties therefore, and for other purposes. enacted on Mar. 8, 2004.

Anti-Wire Tapping Act. RA 4200 entitled .An Act to prohibit and penalize wire tapping and other related violations of the privacy of communication, and for other purposes. enacted on June 19, 1965.

Antrefois acquit. French for "previously convicted." A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and acquitted of the same offense. [thefreedictionary.com; Sept. 10, 2009); first used in People v. Hernando, GR L-55213, Oct. 9, 1981, citing Com. v. Goddard 13 Mass. 45]. See also Autrefois acquit.

Anxiety neurosis. A progressive disintegration of personal instability arising in the course of the intercurrent illness. [Galanida v. ECC, GR L-70660. Sep. 24, 1987].

AOC. See Air Operator Certificate.

Aparador. Sp. 1. Locker. [People v. Repuela, GR 85178, Mar. 15, 1990]. 2. Cabinet. [People v. Nopia, GR L36297-99. Apr. 26, 1982]. 3. Wardrobe. [People v. Castillo, GR L11793. May 19, 1961].

Apartheid. Inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group or groups and committed with the intention of maintaining that regime. [Sec. 3, RA 9851].

Apartment house. A building containing a number of separate residential suites. [Sec. 63, PD 856].

Apathy. Legal Med. Serious disregard of the surroundings. [Olarte, Legal Med., 1st Ed. (2004), p. 150].

Apoderamiento. Sp. Unlawful taking. [People v. Puno, GR 97471. Feb. 17, 1993].

Apparent. Appearance to unaided senses that is not or may not be borne out by more rigorous examination or greater knowledge. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993, citing Webster's 9th New Collegiate Dict.].

Apparent authority. Civ. Law. 1. The power to affect the legal relations of another person by transactions with third persons arising from the other s manifestations to such third person such that the liability of the principal for the acts and contracts of his agent extends to those which are within the apparent scope of the authority conferred on him, although no actual authority to do such acts or to make such contracts has been conferred. [Sargasso Const. & Devt. Corp. v. PPA, GR 170530, July 5, 2010, citing 3 Am. Jur. 2d 79 & Am. Jur. 82]. 2. That which, though not actually granted, the principal knowingly permits the agent to exercise, or which he holds out as possessing. [Moreno s Law Dict., 2000 Ed., p. 31].

Apparent authority doctrine. 1. Pol. Law. [The doctrine holding that] govt. is NOT bound by unauthorized acts of its agents,

even though within the apparent scope of their authority. [First Phil. Intl. Bank v. CA, 252 SCRA 259,295]. 2. See Ostensible authority doctrine.

Apparent easements. Those easements which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. [Art. 615, CC].

Appeal. 1. Rem. Law. An essential part of judicial system (the purpose of which) is to bring up for review a final judgment of the lower court. [Aguilar v. CA, GR 11482. Nov. 28, 1995]. 2. A proceeding brought to a higher court to review a lower court decision. [Glossary of Legal Terms (Pro-Se), 2004]. 3. Labor. 1. The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a pleading which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed for. [Sec. 1, Rule 1, Book 5, IRR of LC].

Appealable interest. (That which) a party has only when his property may be diminished, his burdens increased or his rights prejudiced by the order sought to be reviewed. [Ruiz v. CA, GR 101566. Aug. 17, 1992].

Appeal bond. A guaranty by the appealing party insuring that court costs will be paid. [Glossary of Legal Terms (Pro-Se), 2004].

Appeal by certiorari. A mode of appeal upon questions of law from the judgment of the RTC or the CA and is brought before the Sup. Court under Rule 45 of the Rules of Court by a Petition for review on certiorari. [Moreno s Law Dict., 2000 Ed., p. 32]. Compare with Special civil action for certiorari.

Appeal, perfection of an. The filing within the prescribed period, of the memorandum of appeal containing, among others, the assignment of error / s, the argument in support thereof, the reliefs sought and posting of the appeal bond. [Sec. 1, Rule 1, Book 5, IRR of LC].

Appearance. 1. Voluntary submission to a court's jurisdiction. [Villegas v. Legaspi, GR 53869. Mar. 25, 1982, citing Pacilio v. Scarpati, 300 N.Y.S. 473, 478]. 2. The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. [Duhaime's Legal Dict., 2004].

Appearance as counsel. A voluntary submission to a court's jurisdiction by a legal advocate or advising lawyer professionally engaged to represent and plead the cause of another. [Haverty Furniture Co. v. Fausta, 124 S.N. 2d 694, 697].

Appellant. The party appealing a decision or judgment (before an appellate court). [Jurist s Legal Dict., 2004].

Appellate court. A court having

jurisdiction to hear appeals and review a trial court's procedure. [Glossary of Legal Terms (Pro-Se), 2004].

Appellate jurisdiction. The authority of a Court higher in rank to reexamine the final order or judgment of a lower Court which tried the case now elevated for judicial review. [Garcia v. De Jesus, GR 88158. Mar. 4, 1992, citing Rem. Law Compendium, Regalado, 5th Rev. Ed., Vol. 1, p. 3]. Compare with Original jurisdiction.

Appellee. The party against whom an appeal is taken. [Glossary of Legal Terms (Pro-Se), 2004].

Appendix. Supplementary materials added to the end of a document. [Glossary of Legal Terms (Pro-Se), 2004].

Appliances. Instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not part or parts of aircraft, aircraft engines, or propellers. [Sec. 3, RA 9497].

Application of payment. It takes place where a debtor has various debts of the same kind in favor of one and the same creditor and the

debtor s payment is not sufficient to pay all the debts due, so the debtor has the first choice to indicate which particular debt is to be paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 42, citing Art. 1252, CC].

Appoint. To allot, set apart, or designate; nominate or authoritatively assign as for a use, or to a position or office. [Borromeo v. Marciano, GR 16808. Jan. 3, 1921, citing Century Dict. and Encyc.].

Appointing authority. The person empowered to appoint the members of the board of Directors of a local water district, depending upon the geographic coverage and population make-up of the particular district. In the event that more than 75% of the total active water service connections of a local water district are within the boundary of any city or municipality, the appointing authority shall be the mayor of that city or municipality, as the case may be; otherwise, the appointing authority shall be the governor of the province within which the district is located. If portions of more than one province are included within the boundary of the district, and the appointing authority is to be the governors then the power to appoint shall rotate between the governors involved with the initial appointments made by the governor in whose province the greatest number of service connections exists. [Sec. 3, PD 198]. 2. The person or institution named in the arbitration agreement as the appointing authority; or the regular arbitration institution under whose rule the arbitration is agreed to be conducted. Where the parties have agreed to submit their dispute to institutional arbitration rules, and unless they have agreed to a different procedure, they shall be deemed to have agreed to procedure under such arbitration rules for the selection and

appointment of arbitrators. In ad hoc arbitration, the default appointment of arbitrators shall be made by the National President of the IBP his duly authorized representative. [Special Rules of Court on ADR, Rule 1.11, AM 07-1108-SC, Sept. 1, 2009].

Appointing officer. The person or body authorized by law to make appointments in the Phil. Civil Service. [Sec. 3, PD 807].

Appointing power of the President. The power of the President to nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive department, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Consti., and also to appoint all other officers of the Govt. whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. [Sec. 16, Art. VII, 1987 Consti.].

Appointive Director. (1) In the case of chartered GOCCs, all members of its Board of Directors/Trustees who are not ex officio members thereof; (2) In the case of nonchartered GOCCs, members of its Board of

Directors/Trustees whom the State is entitled to nominate, to the extent of its percentage shareholdings in such GOCC; and (3) In the case of subsidiaries and affiliates, members of its Board of Directors/Trustees whom the GOCC is entitled to nominate to the extent of its perrcentage shareholdings in such subsidiary or affiliate. [Sec. 3, RA 10149].

Appointive officials. [Those who] hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority. [Farias v. Exec. Sec., 463 Phil. 179, 205-208 (2003)]. Compare with Elective officials.

Appointment. Admin. Law. 1. The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust. 2. The selection or designation of a person, by the person or persons having authority therefor, to fill an office or public function and discharge the duties of the same. [Flores v. Drilon, GR 104732. June 22, 1993, citing Black's Law Dict., 4th Ed., p. 128]. 3. The selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. [Flores v. Drilon, GR 104732. June 22, 1993, citing Cruz, Phil. Pol. Law, 1987 ed., p. 180]. Compare with Designation.

Appointment to a public office. Admin. Law. The unequivocal act, of one who has the authority, of designating or selecting an individual to discharge and perform the duties and functions of an office or trust. [Chavez v. Ronidel, GR

180941, 11 June 2009, 589 SCRA 103].

Apportionment. The division and distribution of something into proportionate parts; to each according to his share. [Duhaime's Legal Dict., 2004].

Appraisal. The act or process of determining the value of a property as of a specific date for a specific purpose. [Sec. 3, PD 464].

Appraisal increase. This is computed by deducting historical cost from appraised values. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992].

Appraisal right. Corp. Law. 1. The right of a stockholder of a corporation to dissent and demand payment of the fair value of his shares. [Sec. 81, Corp. Code]. 2. The right of a dissenting shareholder to require the company to purchase his shares at their fair market value. [Intl. Law Dict. & Direct., 2004].

Appraisal value. Also termed as Replacement cost or Reproduction cost. The revalued amount of property, plant and equipment determined by recognized specialists. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992].

Appraised value. 1. The estimated value of disposable property after inspection taking into account its condition, usability and other factors. [Sec. 4, Rules and Regulations on Supply and Property Management]. 2. The quantification of the present financial values of the property, to determine the fair and said value of the property vis--vis the general property area in which it is located, and relative vales thereof. [Memo. from the Exec. Sec. dated Aug. 20, 1998].

Appraiser. Also known as Valuer. A person who conducts valuation / appraisal; specifically, one who possesses the necessary qualifications, license, ability and experience to execute or direct the valuation / appraisal of real property. [Sec. 3, RA 9646].

Apprentice. Labor. 1. A worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the Labor Code. [Art. 58, LC]. 2. A person bound in the form of law to a master, to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. [Wallem Maritime Services v. NLRC, GR 108433. Oct. 15, 1996, citing Bouvier s Law Dict., 3rd Rev., Vol. I, p. 217].

Apprenticeable occupation. Labor. Any trade, form of employment or occupation which requires more than 3 months of practical training on the job supplemented by related theoretical instruction. [Art. 58, LC].

Apprentice. Labor. A worker who is covered by a written apprenticeship agreement with an individual employer. [laborlaw.usc-law.org; July 26, 2011].

Apprentice, qualifications of. Labor. To qualify as an apprentice, a person shall: (a) be at least 15 year of age; (b) possess vocational aptitude and capacity for apprenticeship as established through appropriate tests; and (c) possess the ability to comprehend and follow oral and written instructions. [Art. 59, LC, as amended].

Apprenticeship. Labor. Practical training on the job supplemented by related theoretical instruction. [Art. 58, LC].

Apprenticeship agreement. Labor. An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training. [Art. 58, LC].

Approbate and reprobate. In the language of the Scotch law, the rule that a party can not either in the course of litigation or in dealing in pais occupy inconsistent positions. [Bismorte v. Aldecoa & Co., GR L5586, Dec. 10, 1910].

Appropriar. Sp. Misappropriate. To own, to take something for one's own benefit. [Sy v. People, GR 85785. Apr. 24, 1989, citing II Crim. Law, Reyes, 12th Ed., p. 729].

Appropriate adversary proceeding. One having opposing parties; contested, as distinguished

from an ex parte application, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it. It excludes an adoption proceeding. [Rep. v. CFI of Camarines, GR L-36773. May 31, 1988, citing Platt v. Magagnini, 187 p. 716, 718, 110 Was. 39].

Appropriate fishing technology. Adaptable technology, both in fishing and ancillary industries, that is ecologically sound, locally sourcebased and labor intensive. [Sec. 4, RA 8550].

Appropriation. The legislative authorization prescribed by the Consti. that money may be paid out of the Treasury. [Gonzales v. Raquiza, GR 29627. Dec. 19, 1989, citing Martin, New Consti. of the Phil., p. 399, 1987 Ed.].

Appropriation bill. A bill (in Congress) the primary and specific purpose of which is to authorize the release of funds from the public treasury. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 352].

Appropriation law. One the primary and specific purpose of which is to authorize the release of public funds from the treasury. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989].

Appropriation made by law. The act of the legislature setting apart or assigning to a particular use a certain sum to be used in the payment of debt or dues from the State to its creditors. [Gonzales v. Raquiza, GR 29627. Dec. 19, 1989, citing Martin, New Consti. of the Phil., p. 399, 1987 Ed.].

Appropriation of water. The acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law. [Art. 9, PD 1067].

Appropriations. 1. An authorization made by law or other legislative enactment, directing payment out of govt. funds under specified conditions or for specified purposes. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. The estimates of expenditures in a budget when finally approved by the appropriate authorities concerned. [Sec. 14, PD 477].

Appropriations bill. A bill filed in Congress proposing to authorize the release of funds from the public treasury. [Claridades, A., Compilation of Notes, 2001-2006].

Appropriations law. See Appropriation law.

Appropriation sub rosa. An appropriation the purpose of which is to allot a budget which is intended to benefit legislators. To hide this to the public, the legislators agree among themselves that the same shall no longer be scrutinized and subjected to public hearings. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 342].

Approved budget for the contract (ABC). The budget for the contract duly approved by the head of the procuring entity, as provided for in the General Appropriations Act (GAA) and / or continuing

appropriations, in the natl. govt. agencies; the corporate budget for the contract approved by the governing boards, pursuant to EO 518, series of 1979, in the case of GFIs and state universities and colleges; and the budget for the contract approved by the respective Sanggunian, in the case of LGUs. [Sec. 5, RA 9184].

Appurtenance. Something that, although detached, stands as part of another thing. An attachment or appendage to something else. [Duhaime's Legal Dict., 2004].

Apropos. 1. Being at once opportune and to the point; relevant. 2. With regard to; concerning. [Claridades, A., Compilation of Notes, 20062011].

Aquaculture. Fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas. [Sec. 4, RA 8550].

Aquatic life. All organisms living in freshwater, brackish and marine environment. [Sec 4, RA 9275].

Aquatic pollution. The introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and / or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping / disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials /

substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. [Sec. 4, RA 8550].

Aquatic resources. Fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including, but not limited to, salt and corals. [Sec. 4, RA 8550].

Aqueduct easement. The right of any person who may wish to use upon his own estate any water of which he can dispose to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. [Art. 642, CC].

Aquifer. A layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs. [Sec 4, RA 9275].

A quo. Lat. From which. A court a quo is a court from which a cause has been removed. [Claridades, A., Compilation of Notes, 2001-2006].

Arador. Plower of land. [Moreno s Law Dict., 2000 Ed., p. 35].

ARB. See Agrarian reform beneficiary.

Arbitrage. Fr. arbitere: to arbitrate or to regulate. The nearly simultaneous purchase of currencies (or other

commodities) in one market and its resale in another in order to profit from the price differential. [Intl. Law Dict. & Direct., 2004].

Arbitral award. The decision reached by arbitrators in an arbitration. [Tetley, Glossary of Conflict of Laws, 2004].

Arbitrary act. 1. One that arises from an unrestrained exercise of the will, caprice, or personal preference of the actor. [Webster's 3rd New Intl. Dict., p. 110]. 2. One which is not founded on a fair or substantial reason. [Words & Phrases, Permanent Ed., Vol. 3-A, p. 573). 3. One which is without adequate determining principle, non-rational, and solely dependent on the actor's will. [Words & Phrases, supra, p. 562]; [All definitions cited in Aquino v. Ponce-Enrile, GR L-35546. Sep. 17, 1974].

Arbitrary deportation or forcible transfer of population. Forced displacement of the persons concerned by expultion by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under domestic or international law. [Sec. 3, RA 9851].

Arbitrary detention. Crim. Law. 1. The felony committed by any public officer or employee who, without legal grounds, detains a person. [Art. 124, RPC]. 2. The deprivation by a public officer of the liberty of a person without any legal ground. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 377]. Compare with Illegal detention.

Arbitration. 1. An alternative dispute resolution method by which an

independent, neutral third person (arbitrator) is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an .award.. [Duhaime's Legal Dict., 2004]. 2. A process for the adjudication of disputes by which the parties agree to be bound by the decision of a third person or body in place of a regularly organized tribunal. 3. The settling of disputes between parties who agree not to go before the courts, but rather agree to accept as final the decision of experts of their choice, in a place of their choice, usually subject to laws agreed upon in advance and usually under rules which avoid much of the formality and niceties of proof and procedure required by the courts. [Tetley, Glossary of Conflict of Laws, 2004].

Arbitration agreement. The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different,

each having a proper law of its own. [Tetley, Glossary of Conflict of Laws, 2004].

Arbitration clause. A clause in a bill of lading, a waybill, a charter party or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause. [Claridades, A., Compilation of Notes, 20012006].

Arbitration law. RA 876 entitled .An Act to authorize the making of arbitration and submission agreements, to provide for the appointment of arbitrators and the procedure for arbitration in civil controversies, and for other purposes. enacted on June 19, 1953.

Arbitrator. 1. The person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. [Sec. 3, RA 9285]. 2. A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence. [Glossary of Legal Terms (Pro-Se), 2004].

ARC. See Agrarian reform community.

Archaeological site. Any place which may be underground or on the surface, underwater or at sea level which contains fossils, artifacts and other cultural, geological, botanical, zoological materials which depict and document evidences of palaeontological and pre-historic

events. [Sec. 3, RA 4846].

Archipelagic Baseline of the Philippines. The baselines of the Phils. archipelago [as] are defined and described in Sec. 1 of RA 3046 [.An Act to Define the Baselines of the Territorial Sea of the Phils."], as amended by Sec. RA 5446, and further amended by RA 9522 on Mar. 10, 2009.

Archipelagic doctrine. An integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Main purpose is to protect the territorial interests of an archipelago. [See last sentence, Art. I, Consti.].

Archipelagic sea. All waters within the baselines of an archipelago except internal waters such as roadsteads, lakes and rivers. [Sec. 4, DENR Admin. Order 95-23].

Archipelagic waters. The waters inside the archipelagic baselines of an archipelagic state other than its internal waters. [Intl. Law Dict. & Direct., 2004].

Archipelago. A group of islands, such as the Philippines, so close to each other that they are historically regarded as an intrinsic whole geographically, economically and

politically and this includes the natural features and seas between the islands which are considered as internal archipelagic waters. [Claridades, A., Compilation of Notes, 2006-2011].

Archipelago principle. Intl. Law. The waters around, between and connecting the island of the archipelago, regardless of their breadth or dimension, are to be treated as internal waters. [Sandoval, Pol. Law Reviewer 2003].

Architect. A person professionally and academically qualified, registered and licensed under RA 9266 with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission (PRC), and who is responsible for advocating the fair and sustainable development, welfare and cultural expression of society's habitat in terms of space, forms and historical context. [Sec. 3, RA 9266].

Architect-in-charge of construction. An architect registered and licensed under RA 9266, who is directly and professionally responsible and liable for the construction supervision of the project. [Sec. 3, RA 9266].

Architect-of-record. The architect registered and licensed under RA 9266, who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specifications and contract documents he / she has signed and sealed. [Sec. 3, RA 9266].

Architectural firm. A sole proprietorship, a partnership or a corporation registered with the proper govt. agencies. [Sec. 3, RA 9266].

Architecture. The art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty. [Sec. 3, RA 9266].

Architecture, general practice of. The act of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof; the scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Phils. or have their principal office or place of business in this country or another territory, and regardless of whether such persons are performing one or all these duties, or whether such

duties are performed in person or as the directing head of an office or organization performing them. [Sec. 3, RA 9266].

Architecture, scope of the practice of. Encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. [Sec. 3, RA 9266].

Archives. (1) Public records, papers, periodicals, books or other items, articles or materials, whether in the form of electronic, audio-visual or print, which by their nature and characteristics have enduring value, that have been selected for permanent preservation; (2) The place (building / room / storage area) where archival materials are kept and preserved; and (3) An organization (or part of an organization) whose main function is to select, collect and preserve archival records and make such records available for public use. " [Sec. 4, RA 9470].

Area. The size of the land or building in square meters. [Memo. from the Exec. Sec. dated Aug. 20, 1998].

Areas for priority development (APDs). Those areas declared as such under existing statutes and pertinent executive issuances. [Sec. 3, RA 7279]. Also Urban land reform zones.

Areas impacted by public facilities. Areas where the introduction of public facilities may tend to induce development and

urbanization of more than local significance or impact. [Sec. 62, PD 1152].

Areas of critical environmental concern. Areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance. [Sec. 62, PD 1152].

Argument. An effort to establish belief by a course of reasoning. [Black s Law Dict., Abr. 5th Ed. (1983), p. 56].

Argumentum ab inconvenienti plurimum valet in lege. Lat. An argument from inconvenience is forcible in law. [Moreno s Law Dict., 2000 Ed., p. 35].

Argumentum ab simili valet in lege. Lat. An argument from analogy or from a similar case is good in law. [Moreno s Law Dict., 2000 Ed., p. 35].

Arises out of, or is necessarily connected with, the transaction or occurrence. The phrase generally means that the same evidence may be needed in supporting the claim or in refuting the opposite claim. An argument from analogy or from a similar case is good in law. [Moreno s Law Dict., 2000 Ed., p. 35].

Armalite. A rifle with a special mechanism that can cause burst of shots with one squeeze of the trigger. An argument from analogy

or from a similar case is good in law. [Moreno s Law Dict., 2000 Ed., p. 35].

Armed conflict. Any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized armed groups or between such groups within that State: Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 Aug. 1949, including their common Article 3, apply. Armed conflict may be international, that is, between 2 or more States, including belligerent occupation; or non-international, that is, between governmental authorities and organized armed groups or between such groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature. [Sec. 3, RA 9851].

Armed forces. All organized armed forces, groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall be subject to an internal disciplinary system which enforces compliance with International Humanitarian Law. [Sec. 3, RA 9851].

Armed Forces of the Philippines (AFP). It originated in the establishment of the Phil. Scouts in 1901 [and] was formally organized during the American Commonwealth era through CA 1 or the National Defense Act of Dec. 21, 1935. It is the principal body for the defense of the nation under the leadership of its Commander-in-Chief, the Pres. of the Phils.. It consists of the Army, Navy and Air Force. [Claridades, A., Compilation of Notes, 2006-2011].

Armistice. Intl. Law. The suspension of all hostilities within a certain area (local) or in the entire region of the war (general) agreed upon by the belligerent governments, usually for the purpose of arranging the terms of the peace. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144].

Arms and great seal of the Republic of the Philippines. The Arms of the Phils. which shall have paleways of 2 pieces, azure and gules; a chief argent studded with 3 mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with 8 minor and lesser rays. Beneath shall be a scroll with the words Rep. of the Phils., or its equivalent in the national language, inscribed thereon. The Great Seal shall be circular in form, with the arms as described in the preceding paragraph, but without the scroll and the inscription thereon, and surrounding the whole, a double marginal circle within which shall appear the words Rep. of the Phils., or its equivalent in the national language. For the purpose of placing the Great Seal, the color of the arms shall not be deemed essential. [Sec. 14, EO 292].

Arnibal. Tag. A sweet sauce. [Moreno s Law Dict., 2000 Ed., p. 35].

Arousal. Legal Med. The state of sexual excitement during which blood flow to the genital area increases, leading to an erection in men and in enlargement of the clitoris, engorgement of the vaginal walls and increased vaginal secretions in women. [Olarte, Legal Med., 1st Ed. (2004), pp. 111-112].

Arraignment. 1. The reading of the complaint or information by the judge or clerk to the defendant and delivering to the latter a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not guilty as charged. [Sec. 1, Rule 116, RoC]. 2. That stage where, in the mode and manner required by the Rules, an accused, for the first time, is granted the opportunity to know the precise charge that confronts him. The accused is formally informed of the charges against him, to which he enters a plea of guilty or not guilty. [Albert v. Sandiganbayan, GR 164015, 26 Feb. 2009, 580 SCRA 279].

Arrangement. Intl. Law. See Agreement.

Arrangement characteristics. The writing characteristics and habits existing in the questioned and standard signatures [based on] the position of the written signature in relation to the typewritten name. [Obando v. People, GR 138696, July 7, 2010]. Compare with Alignment characteristics and Proportion characteristics.

Arras. See Earnest money.

Arrastre charge. The amount which the owner, consignee, or agent of either, of article or baggage has to

pay for the handling, receiving and custody of the imported or exported article or the baggage of the passengers. [Sec. 3101, RA 1937].

Arrastre charges. Fees for the services of the arrastre operator, to be paid by the consignee before the delivery of the cargo. [Moreno s Law Dict., 2000 Ed., p. 35].

Arrears. A debt that is not paid on the due date which adds up and accumulates as arrears. [Duhaime's Legal Dict., 2004].

Arrest. 1. 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]. 2. An actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. [Sec. 2, Rule 113, RoC]. 3. Restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law. [Larranaga v. CA, GR 130644. Mar. 13, 1998, citing Moreno, Phil. Law Dict., 3rd Ed. (1988), p. 72].

Arresto mayor. The penalty the duration of which shall be from one month and one day to 6 months (of imprisonment). [Art. 27, RPC].

Arresto menor. The penalty the duration of which shall be from one day to 30 days (of imprisonment). [Art. 27, RPC].

Arrest without a probable cause. An unreasonable seizure of a

person, and [violative of] the privacy of persons which ought not to be intruded by the State. [Yee Sue Koy v. Almeda, 70 Phil. 141, 146-147 (1940)].

Arrival under stress. Also Involuntary entrance. Mar. Law. 1. When a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination. [Sec. 1016, RA 1937]. 2. In voluntary entrance may be due to lack of provisions, unseaworthiness of the vessel, inclement weather, or other case of force majeure, such as pursuit by pirates. [Sandoval, Pol. Law Reviewer 2003].

Arson. The act of any person who burns or sets fire to the property of another. [Sec. 1, PD 1613].

Arson. Elements: (a) That there is intentional burning; and (b) that what is intentionally burned is an inhabited house or dwelling. [People v. Arbolante, GR 96713, Oct. 17, 1991, 203 SCRA 85, 97].

Arson of property of small value. The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed P25, committed at a time or under circumstances which clearly exclude all danger of the fire spreading. [Art. 323, RPC].

Arson, other forms of. Arson consisting in the burning of other property and under the following circumstances: 1. if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more

persons; (b) if the building burned is a public building; (c) if the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law; (d) if the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceedings; (e) if the arson shall have been committed with the intention of collecting under an insurance policy against loss or damage by fire; (f) if an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle; (g) if a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire; (h) if grain fields, pasture lands, or forests, or plantings are set on fire; (i) if a building not used as a dwelling or place of assembly, located in a populated place, is set on fire; (j) if a building used as dwelling located in an uninhabited place is set on fire; or (k) when the property burned consists of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed P200. [Art. 321, RPC, as amended by RA 5467].

Art dealer. Any person or entity who sells or otherwise deals in works of fine art for profit or gain, such as art galleries, art brokers and agents. [Sec 3, RA 9105].

Art forgery. An act committed by any person or entity who: (a) affixes or causes to appear a usurped or forged signature or sign on any work of fine art; (b) counterfeits or imitates any original signature or sign, with the intent to deceive the public or the buyer as to the authorship of a work of art; (c) sells or circulates any work of fine art bearing forged or usurped signatures or signs; and (d) imitates or reproduces any work of fine art with intent to deceive the public or the buyer as to the authenticity of the work. [Sec 3, RA 9105].

Arthritis, acute. Inflammation of a joint marked by pain, swelling, heat and redness; the result of rheumatism or gout. [Meez v. ECC, GR L-48488. Apr. 25, 1980, citing The Simplified Medical Dict. for Lawyers, p. 56].

Articles of cooperation. The articles of cooperation registered under the Cooperative Code and includes a registered amendment thereof. [Sec. 1, RA 9520].

Articles of incorporation. 1. The document prepared by the persons establishing a corporation and containing the matters required by the Corp. Code filed with the SEC. [Claridades, A., Compilation of Notes, 2001-2006]. 2. The basic instrument creating and defining a particular corporation which is filed with a state agency at the time of the firm's incorporation. [Intl. Law Dict. & Direct., 2004].

Artifacts. Articles which are products of human skills or workmanship, especially in the simple product of primitive arts or industry representing past eras or periods.

[Sec. 3, RA 4846].

Artificial feeding. See Formula feeding.

Artificial insemination. A process in which the male gametes, the spermatozoa, are collected and introduced artificially into the female genital tract for the purpose fertilization. [Nolledo, The Family Code of the Phils. Annotated, 2000 Rev. Ed., p. 263].

Artificial reefs. Any structure of natural or man-made materials placed on a body of water to serve as shelter and habitat, source of food, breeding areas for fishery species and shoreline protection. [Sec. 4, RA 8550].

Artisanal fisher folk. Municipal, small scale or subsistence fishermen who use fishing gear which do not require boats or which only require boats below 3 tons. [Sec. 3, RA 8425].

Artworks. The making of decorative or artistic objects by hand; the decoration of artistic objects so made; artistic work produced in quantity. [Ozaeta v. CA, GR 95226, Nov. 18, 1993, citing Webster's 3rd New Intl. Dict.].

Ascariasis. Infestation with ascaris lumbricoides. Its vehicles for transmission are the fecally contaminated food and drinks. Portal of entry is through the oral route. [Chavez v. ECC, GR L-61931. Mar. 31, 1987].

Ascendant-reservista. See Reservista.

Ascending direct line. 1. [It] binds a person with those from whom he descends [as compared with the descending direct line which] unites the head of the family with those who descend from him. [Art. 965, CC; Lee v. CA, GR 177861, July 13, 2010]. 2. The rule in succession that, in default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. [Art. 985, CC].

Asesinato. Sp. Murder. [US v. Alias, GR L-6116. Feb. 27, 1911].

As in default. Under Sec. 2, Rule 20 of the 1964 Rules of Court, a party who fails to appear at a pre-trial conference may be non-suited or considered as in default. This contemplates a scenario wherein the defendant in a suit had already filed his answer (therefore had set up both his negative and affirmative defenses) but failed to comply with the mandate of the Rules in not appearing at the scheduled pre-trial hearing. This provision no longer exists under the 1997 Rules of Procedure. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with In default.

As is where is. The phrase refers to the physical condition of the thing subject matter of the agreement. [Moreno s Law Dict., 2000 Ed., p. 37].

Asphyxia. Suffocation. [People v. Marquez, GR L-48834. Sep. 14, 1987].

Asportation. Severance of goods from the possession of the owner and absolute control of the property by the taker, even for an instant. [People v. Apolinario, GR 97426. June 3, 1993, citing 184 SCRA at 677]. 2. The taking of a thing out of the possession of the owner without his privity and consent and without the animus revertendi. [People v. Salvilla, GR 86163. Apr. 26, 1990, citing Aquino, Rev. Penal Code].

Assault. Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. [Glossary of Legal Terms (Pro-Se), 2004].

Assay. 1. An analysis to determine the (1) presence of a substance and the amount of that substance, or (2) the pharmaceutical potency of a drug. [Sec. 9, RA 9711]. 2. A test by means of chemical analysis to determine the purity of fineness of metals, particularly the precious metals. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 111, citing Morrison, Mining Rights, p. 491-492].

Assessed value. 1. The worth or value of property established by taxing authorities on the basis of which the tax rate is applied. Commonly, however, it does not represent the true or market value of the property. [Vda. de Barrera v. Heirs of Legaspi, GR 174346, 12 Sept. 2008, 565 SCRA 192, 197]. 2.

The value placed on taxable property by the assessor for ad valorem tax purposes. The assessed value when multiplied by the tax rate will produce the amount of tax due. It is synonymous to Taxable value. [Sec. 3, PD 464].

Assessment. The act or process of determining the value of a property, or proportion thereof, subject to tax, including the discovery, listing and appraisal of properties. [Sec. 3, PD 464].

Assessment level. The percentage applied to the market value to determine the taxable or assessed value of the property. [Sec. 3, PD 464].

Assessment work. In mining, the proof of annual work obligations which are works or improvements necessary and instrumental in developing the mines and extracting ores therefrom. It is actual work done in the area. [Moreno s Law Dict., 2000 Ed., p. 38].

Assessor. An official in the LGU, who performs appraisal and assessment of real properties, including plants, equipment, and machineries, essentially for taxation purposes. This definition also includes assistant assessors. [Sec. 3, RA 9646].

Asset. Anything of value that can be in the form of money, such as cash at the bank or amounts owed; fixed assets such as property or equipment; or intangibles including intellectual property, the book value of which is shown in the last 3 audited financial statement immediately preceding the filing of the petition, In case the debtor is

less than 3 years in operation, it is sufficient that the book value is based on the audited financial statement / s for the years or year immediately preceding the filing of petition, as the case may be. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008].

Asset-backed securities (ABS). The certificates issued by a special purpose entity (SPE), the repayment of which shall be derived from the cash flow of the assets in accordance with the Plan. [Sec. 3, RA 9267].

Asset pool. The group of identified, homogeneous assets underlying the asset-backed securities (ABS). [Sec. 3, RA 9267].

Assets. Loans or receivables or other similar financial assets with an expected cash payment stream. The term shall include, but shall not be limited to, receivables, mortgage loans and other debt instruments, and shall exclude receivables from future expectation of revenues by government, national or local, arising from royalties, fees or imposts. [Sec. 3, RA 9267].

Assign. To give, to transfer responsibility, to another. The assignee (sometimes also called assigns) is the person who receives the right or property being given and the assignor is the person giving. [Duhaime's Legal Dict., 2004].

Assignee. One who is only entitled to receive the share of the profits or

other compensation by way of income, or the return of the contribution, to which his assignor (limited partner) would other wise be entitled. But an assignee has no right to require any information or account of the partnership s transactions or to inspect the partnership s books. A substituted partner has all these rights. [Diaz, Bus. Law Rev., 1991 Ed., p. 238].

Assignment. 1. A transfer or making over to another of the whole of any property, real or personal, in possession or in action, or of any estate or right therein. It includes transfers of all kinds of property, and is peculiarly applicable to intangible personal property and, accordingly, it is ordinarily employed to describe the transfer of nonnegotiable choses in action and of rights in or connected with property as distinguished from the particular item or property. [PNB v. CA, GR 118357. May 6, 1997, citing Moreno's Phil. Law Dict., 3rd Ed., p. 75]. 2. The transfer of a right or interest in property by one person to another. [Torres, Oblig. & Cont., 2000 Ed., p. 347].

Assignment for the benefit of creditors. The transfer by an insolvent debtor of all his property to another for the purpose of arriving at an adjustment with his creditors. [Torres, Oblig. & Cont., 2000 Ed., p. 347].

Assignment of credit. 1. An agreement by virtue of which the owner of a credit, known as the assignor, by a legal cause, transfers his credit and its accessory rights to another, known as the assignee, who acquires the power to enforce it to the same extent as the assignor could have enforced it against the debtor. [Casabuena v. CA, GR 115410. Feb. 27, 1998, citing Tolentino, Civil Code of the

Phil. (Book V), p. 188]. 2. The process of transferring the right of the assignor to the assignee who would then have the right to proceed against the debtor. The assignment may be done either gratuitously or onerously, in which case, the assignment has an effect similar to that of a sale [Nyco Sales Corp. v. BA Finance Corp., GR 71694, Aug. 16, 1991; Paras, Civil Code of the Phil., Annotated, Vol. V, 1982 Ed., p. 235].

Assignment of errors. The errors intended to be urged as required by the Rules to be contained in the appellant s brief (which) errors shall be separately, distinctly and concisely stated without repetition, and shall be numbered consecutively. [Sec. 13, Rule 44, RoC].

Assignment of lease. That act contemplated in Art. 1649 of the Civil Code, viz: .The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary.. [Sec. 2, BP 877; Sec.4, RA 9161].

Assist. 1. To lend an aid to. [Sinon v. CSC, GR 101251. Nov. 5, 1992, citing Peabody v. Town of Holland, 178 A. 888, 889 107 Vt. 237, 98 A.L.R. 866]. 2. To contribute effort in the complete accomplishment of an ultimate purpose intended to be effected by those engaged. [Ibid, citing People v. Thurman, 62 Cal.

App. 147; 216 P. 394 (1923)]. Compare with Recommend.

Associated person of a broker or dealer. An employee therefor whom, directly exercises control of supervisory authority, but does not include a salesman, or an agent or a person whose functions are solely clerical or ministerial. [Sec. 3, RA 8799].

Associated words doctrine. See Noscitur a Sociis.

Associate (of a person). [The term] includes: i. Any relative of such person within the 4th degree of consanguinity or affinity; and ii. Any company in which he/she and his/her relative within the 4th degree of consanguinity or affinity, directly or indirectly, has an interest of 25% or more. [Sec. 3, RA 9856].

Associates. The term by which younger or more inexperienced salaried attorneys in most firms are called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991].

Association. 1. The homeowners association which is a nonstick, nonprofit corporation registered with the HLURB, or one previously registered with the HIGC (now HGC) or the SEC, organized by owners or purchasers of a lot in a subdivision / village or other residential real property located within the jurisdiction of the association; or awardees, usufructuaries, legal occupants and / or lessees of a housing unit and / or lot in a govt. socialized or economic housing or relocation project and other urban estates; or underprivileged and homeless citizens as defined under existing laws in the process of being

accredited as usufructuaries or awardees of ownership rights under the Community Mortgage Program (CMP), Land Tenure Assistance Program (LTAP) and other similar programs in relation to a socialized housing project actually being Implemented by the natl. govt. or the LGU. [Sec. 3, RA 9904]. 2. The act of a number of persons in uniting together for some special purpose or business. [Kilosbayan v. Guingona, GR 113375. May 5, 1994].

Association member. A homeowner who is a member of the association where his / her housing unit or lot is situated and those defined in the articles of incorporation and bylaws of the association. [Sec. 3, RA 9904].

Assumpsit. Lat. He undertook; he promised. 1. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. 2. A common law form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal. [Black s Law Dict., Abr. 5th Ed. (1983), p. 63].

Assumption of jurisdiction. It usually refers to an act of the Sec. of DOLE which amounts to a .ceaseand-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. [Claridades, A., Compilation of Notes, 2006-2011].

Assumption of risk. A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger. [Glossary of Legal Terms (Pro-Se), 2004].

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. [Claridades, A., Compilation of Notes, 2006-2011].

Assumption order. An order issued by the Sec. of Labor and Employment signifying his intention to assume jurisdiction over a labor dispute. The Secretary may issue the order when, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest. [laborlaw.usclaw.org; July 26, 2011].

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. [Claridades, A., Compilation of Notes, 2006-2011].

Assured. The person for whose benefit the insurance is granted. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 23].

Aswang. Tag. An injurious and evil character believed to be capable of assuming various and different forms, especially that of a dog, and harassing usually in the depth of night women who are about to give birth. [People v. Sario, GR L-20754 & L-20759. June 30, 1966].

Asylum. Intl. Law. 1. A privilege granted by a state to allow an alien escaping from the persecution of his country for political reasons remain and grant him asylum. [Sandoval, Pol. Law Reviewer 2003]. 2. A sanctuary, or place of refuge and protection, where criminals and debtors find shelter and from which they could not be take without sacrilege. While a foreign country has the right to offer an asylum to fugitives from other countries, there is no corresponding right on the part of the alien to claim asylum. [Black s Law Dict., Abr. 5th Ed. (1983), p. 64].

Atentado contra la autoridad. Sp. Assault upon a person in authority. [Tacas v. Cariaso, GR L-37406. Aug. 31, 1976]. See Direct assault.

At issue. The time in a lawsuit when the complaining party has stated his claim and the other side has responded with a denial and the matter is ready to be tried. [Glossary of Legal Terms (Pro-Se), 2004].

At least one-year service. Labor. Service for not less than 12 months, whether continuous or broken reckoned from the date the

employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year. [Sec. 3, Rule 5, LC].

Attachment. 1. A juridical institution which has for its purpose to secure the outcome of the trial that is the satisfaction of the pecuniary obligation really contrasted by a person or believed to have been contracted by him, either by virtue of a civil obligation emanating from contract or from law, or by virtue of some crime or misdemeanor that he might have committed, and the writ issued, granted it, is executed by attaching and safely keeping all the movable property of the defendant, or so much thereof as may be sufficient to satisfy the plaintiff's demands. [Herrera, Remedial Law, Vol. 3, p. 1, citing Guzman v. Catolico (65 Phil. 257); Gruenberg v. CA (138 SCRA 471)]. 2. A provisional remedy in the form of an order issued by a judge before whom the proper action is pending by which the property of the adverse party is taken into legal custody, either at the commencement of the action or at any time thereafter before final judgment, as security for the satisfaction of a judgment obtained by the prevailing party. 2. Taking a person's property to satisfy a courtordered debt. [Glossary of Legal Terms (Pro-Se), 2004].

Attack. Any offensive or antagonistic movement or action of any kind and the drawing of a pistol from the holster at the hip and the aiming of that pistol at a person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 415, citing People v. Ladena, CA GR 6008-R, Mar. 8, 1951].

Attack directed against any civilian population. A course of conduct involving the multiple commission of acts referred to in Sec. 6 of RA 9851 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack. [Sec. 3, RA 9851].

Attack on a title. An action or proceeding [the] objective [of which] is to nullify the title, thereby challenging the judgment pursuant to which the title was decreed. [Sarmiento v. CA, GR 152627, Sept. 16, 2005, 470 SCRA 99, 107-108, citing Malilin, Jr. v. Castillo, GR 136803, June 16, 2000, 333 SCRA 628, 640].

Attempt. An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution. [Jurist s Legal Dict., 2004].

Attempted felony. A felony where the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. [Art. 6, RPC].

Attempted rape. [T]here is no penetration of the female organ because not all acts of execution was performed. The offender merely commenced the commission of a felony directly by overt acts. [People v. Tayaba, 62 Phil. 559; People v. Rabadan, et al., 53 Phil. 694; US v. Garcia, 9 Phil. 434]. Compare with Consummated rape.

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. [Claridades, A., Compilation of Notes, 2006-2011].

Attestation. Succ. It consists in witnessing the testator's execution of the will in order to see and take note mentally that those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a fact. [In Re: Taboada v. Rosal, GR L-36033. Nov. 5, 1982].

Attestation clause. Succ. 1. That part of an ordinary will whereby the attesting witnesses certify that the instrument has been executed before them and to the manner of the execution of the same. [Testate Estate of Paula Toray, 87 Phil. 139 (1950)]. 2. A separate memorandum or record of the facts surrounding the conduct of execution and once signed by the witnesses, it gives affirmation to the fact that compliance with the essential formalities required by law has been observed. [Vda. de Ramos, v. CA, 81 SCRA 393 (1978)]. 3. It is made for the purpose of preserving in a permanent form a record of the facts that attended the execution of a particular will, so that in case of failure of the memory of

the attesting witnesses, or other casualty, such facts may still be proved. [Leynez v. Leynez, 68 Phil. 745 (1939)].

Attested will. See Ordinary will.

At the commencement of the action. The date of the filing of the complaint. [Oate v. Abrogar, GR 107303, Feb. 21, 1994].

Attorney. An alternate word for lawyers. A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation. [Duhaime's Legal Dict., 2004].

Attorney-at-law. A person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc. [Black s Law Dict. 6th Ed., p. 128].

Attorney-in-fact. 1. A person who has been appointed by another to act in his behalf and in his name. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. An agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him, such

authority being necessarily implied. [Phil. Legal Encyc., p. 66].

Attorney of record. The principal attorney in a lawsuit, who signs all formal documents relating to the suit. [Glossary of Legal Terms (ProSe), 2004].

Attorney s fee. A reasonable compensation to which the attorney is or shall be entitled to have and recover from his client for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. [Claridades, A., Compilation of Notes, 2001-2006].

Attorneys' liens. A lien which an attorney shall have upon the funds, documents and papers of his client which have lawfully come into his possession and which he may retain until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. [Sec. 37, Rule 138, RoC].

Attorney s or lawyer s oath. The oath of office which every lawyer in the Philippines has to take before he is allowed to practice law. The full text reads: "I, _______________________ of _________________________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood nor consent to its commission; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will not delay any man's cause for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients and I impose upon myself this obligation voluntary, without any mental reservation or purpose of evasion. SO HELP ME GOD." [Form 28, appended to the RoC as revised on Oct. 25, 1979 , 91 SCRA xv].

Attorney's retaining lien. A general lien for the balance of the account between the attorney and his client, and applies to the documents and funds of the client which may come into the attorney's possession in the course of his employment. [Ampil v. Agrava, GR L-27394. July 31, 1970, citing Black's Law Dict., 4th Ed., 165]. Compare with Charging or special lien.

Attorney s signature. The signature of a counsel representing a party on every pleading (which signature) constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is not interposed for delay. [Sec. 3, Rule 7, RoC].

Attractive nuisance. The presence or maintenance on one s premises of a potentially dangerous attraction to children who, because of their natural curiosity, may thereby be exposed to harm or injury, subjecting its owner or maintainer to tort liability. A swimming pool, an uncovered well, open car trunk, deep pits, and the like are some examples of an .attractive nuisance.. [Claridades, A., Compilation of Notes, 2006-2011].

Attractive nuisance doctrine. The doctrine that where a person maintains in his premises a dangerous instrumentality of a character which is attractive to children of tender years at play and who fails to exercise due diligence to prevent such children form playing therewith or resorting or resorting thereto, is liable to a child who is injured thereby, even if the child is technically a trespasser. [Claridades, A., Compilation of Notes, 2001-2006].

Attrition. The reduction of personnel as a result of resignation, retirement, dismissal in accordance with existing laws, death or transfer to another office. [Sec. 2, RA 7430].

Auction. A public sale of property to the highest bidder by a person called the auctioneer who must be

authorized by law. [Torres, Oblig. & Cont., 2000 Ed., p. 347].

Audi alteram partem. Lat. Hear the other party. 1. The right to he heard should not be ruled out. [Torres v. Borja, GR L-31947. Mar. 21, 1974]. 2. A principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. [Duhaime's Legal Dict., 2004].

Audiovisual work or fixation. A work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible. [Sec. 202, RA 8293].

Audit. To examine and adjust. To examine an account, compare it with the vouchers, adjust the same, and to state the balance, by persons legally authorized for the purpose. [Ynchausti & Co. v. Wright, GR 23601. Sep. 22, 1925, citing Words and Phrases, Vol. 1, 1st Series, pp 639-640].

Auditing Code of the Philippines. PD 1445 signed into law on June 11, 1978.

Audit Log. 1. The electronic document, stored in the PCOS machine s data storage device, containing the list of all activities the PCOS machine performs from the time that it is powered on until it is

turned off. [Sec. 3, Rule 1, AM 10-41-SC, May 4, 2010]. 2. The document that contains the list of all activities performed by the PCOS machine from the time it was switched on until the time it was turned off. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010].

Auditorial function of an auditor. As a representative of the COA, his function comprises 3 aspects: (a) examination; (b) audit: and (c) settlement of the accounts, funds, financial transactions and resources of the agencies under their respective audit jurisdiction. [Arias v. Sandiganbayan, GR 81563. Dec. 19, 1989, citing Sec. 43, Govt. Auditing Code of the Phils.].

Auscutate. To listen to the sounds arising within organs as an aid to diagnosis and treatment, the examination being made either by the use of the stethoscope or by direct application of the ear to the body. [Ramos v. CA, GR 124354, Apr. 11, 2002].

Australian Ballot System. The electoral system after which our own balloting system is patterned which is characterized by absolute secrecy in voting. [Claridades, A., Compilation of Notes, 2006-2011].

Authenticate. To sign, execute or use a symbol, or encrypt a record in whole or in part, intended to identify the authenticating party and to adopt, accept or establish the authenticity of a record or term. [Special Rules of Court on ADR, Rule 1.11, AM 07-11-08-SC, Sept. 1, 2009].

Authentication. Evid. The proof of a

document s due execution and genuineness if the purpose is to show that it is genuine, or proof of its forgery, if its purpose is to show that the document is a forgery. [Claridades, A., Compilation of Notes, 2001-2006].

Authentic notice. Constancia autentica. [Art. 749, Civil Code]. "The acceptance having been made in the deed of gift itself, notification thereof to the donor in a =constancia autentica was evidently not necessary." [Kapunan v. Casilan, L8178, Oct. 31, 1960].

Authentic writing. A writing which, for purposes of Art. 278 of the Civil Code, is the genuine or indubitable writing of the father (or mother), and includes a public instrument (one acknowledged before a notary public or other competent official with the formalities required by law) and, a public or official document in accordance with the Rules of Court. [Banaag v. Bartolome, GR 76245. Dec. 20, 1991].

Author. The natural person who has created the work. [Art. 171, RA 8293].

Authority. Labor. A document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. [Art. 13, LC].

Authorization. A permission embodied in a document granted by the FDA to a natural or juridical person who has submitted an application to implement the

manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and / or, where appropriate, the use, testing, promotion, advertising, or sponsorship of health products. The authorization can take the form of a permit, a license, a certificate of registration, of accreditation, of compliance, or of exemption, or any similar document. [Sec. 9, RA 9711].

Authorized capital stock. It is synonymous with capital stock where the shares of the corporation have par value. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 52].

Authorized cause. Labor. A term which is associated with the legal termination of an employee s services who is without fault for a cause that cannot be attributed to him, such as the installation of labor-saving devices, redundancy, retrenchment to prevent losses, or the closing or cessation of business operations. [Art. 283, LC].

Authorized-cause dismissal. Labor. A form of terminating employeremployee relationship with a liability on the part of the employer to pay separation pay as mandated by law. [Poquiz, Labor Rel. Law, 1999 Ed. p. 349]. Compare with Just-cause dismissal.

Authorized driver clause. Ins. 1. A clause which provides that an authorized driver must not only be permitted to drive by the insured but that he is permitted under the law and regulations to drive the motor vehicle and is not disqualified from so doing under any enactment or regulation. [Stokes v. Malayan Ins. Co., GR L-34768. Feb. 24, 1984]. 2. The main purpose of the

clause is that a person other than the insured owner, who drives the car on the insured's order, such as his regular driver, or with his permission, such as a friend or member of the family or the employees of a car service or repair shop, must be duly licensed drivers and have no disqualification to drive a motor vehicle. [Villacorta v. Ins. Comm., 100 SCRA 467].

Aut judicare aut dedere. Lat. either adjudicate or extradite. A rule, common to anti-terrorism treaties, that requires a contracting state either to prosecute an alleged offender who is within its territory or to extradite the offender to another contracting state for prosecution there. [Intl. Law Dict. & Direct., 2004].

Auto-limitation principle. Intl. Law. [The principle under which] any state may, by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a plenary power. [Reagan v. CIR, GR L-26379, Dec. 27, 1969].

Automated election system (AES). 1. Election system using appropriate technology in voting, counting, consolidating, canvassing, transmitting election results, and other electoral processes. [The 2010 Rules of the PET, Rule 2, AM 10-429-SC, May 4, 2010]. 2. A system using appropriate technology for voting and electronic devices to count votes and canvass /

consolidate results. [Sec. 2, RA 8436].

Automatic. Involuntary either wholly or to a major extent so that any activity of the will is largely negligible; of a reflex nature without volition; mechanical; like or suggestive of an automation. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004, citing Webster s 3rd New Intl. Dict.].

Automatically. In an automatic manner; without thought or conscious intention. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004, citing Webster s 3rd New Intl. Dict.].

Automatic appropriation for debt service. (Appropriation in the General Appropriations Act) authorized by P.D. No. 81, entitled "Amending Certain Provisions of RA 4860, as Amended (Re: Foreign Borrowing Act), "by PD 1177, entitled "Revising the Budget Process in Order to Institutionalize the Budgetary Innovations of the New Society," and by PD 1967, entitled "An Act Strengthening the Guarantee and Payment Positions of the Rep. of the Phils. on Its Contingent Liabilities Arising out of Relent and Guaranteed Loans by Appropriating Funds For The Purpose." [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991].

Automobile. Any 4 or more wheeled motor vehicle regardless of seating capacity, which is propelled by gasoline, diesel, electricity or any other motive power: Provided, That for purposes of RA 9224, buses, trucks, cargo vans, jeeps, jeepneys or jeepney substitutes, single cab, chassis, and special-purpose vehicles shall not be considered as automobiles. [RA 9224].

Autonomy. It is either decentralization of administration or decentralization of power. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989].

Autonomy in contracts, Freedom to contract or Liberty in contracts. The rule in Art. 1306, of the Civil Code that the contracting parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public order or public policy. [Manila Resource Dev. Corp. v. NLRC, GR 75242. Sep. 2, 1992].

Autonomy of parties. [A principle that holds that] unless the terms of a contract are against the law, morals, good customs, and public policy, such contract is law between the parties and its terms bind them. [lexoterica.wordpress.com; Nov. 4, 2010].

Autoptic proference. The inspection by the tribunal of the thing itself and its condition. [Tiglao v. Comelec, GR L-31566 & L-31847. Aug. 31, 1970]. See Real evidence.

Autosexual. Legal Med. A deviate who would rather have masturbation than make love with his / her partner of the opposite sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113].

Autrefois acquit. Fr. Previous acquittal. It refers to an accused who cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. [Duhaime's Legal Dict., 2004]. See also Antrefois acquit.

Autrefois attaint. Fr. Attainted for a felony. It refers to a person who cannot be tried again for the same offence. [Duhaime's Legal Dict., 2004].

Autrefois convict. Fr. Previous conviction. It refers to the plea made by the accused if he maintains that the previous trial resulted in conviction. [Duhaime's Legal Dict., 2004].

Auxiliary crop. Any product raised other than the crop to which the cultivation of the land is principally devoted in each agricultural year; and excluding the produce of the lot referred to in Sec. 22, par. 3 of RA 2263. [Sec. 2, RA 2263].

Auxiliary language. A particular language, spoken in certain places, which supports or helps the national and / or official languages in their assigned functions. [Sec. 3, RA 7104].

Auxiliary social services. The supportive activities in the delivery of social services to the marginalized sectors of society. [Sec. 4, RA 7277].

Average. Mar. Ins. Any extraordinary or accidental expense incurred during the voyage for the preservation of the vessel, cargo or

both and all damages to the vessel and cargo form the time it is loaded and the voyage commenced until it ends and the cargo unloaded. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 117].

Average annual income. The sum of the annual income as herein defined actually obtained by a province, city or municipality during the required number of consecutive calendar years immediately preceding the general reclassification of local governments, divided by such number of calendar years, as may be certified to by the COA for purposes of such reclassification of provinces, cities and municipalities. [Sec. 4, EO 249, July 25, 1987].

Average monthly compensation. The quotient after dividing the aggregate compensations received by the member for the last 3 years immediately preceding his death / separation / disability / retirement, by the number of months he received said compensation, or P3,000, which ever is smaller. [Sec. 2, PD 1146].

Aviation. See Aeronautics.

Aviation certificate. Any airworthiness certificate, airman certificate, air operator certificate, certificate authorizing the operation of an aviation school or approved maintenance organization or other document issued by virtue of the provisions of RA 9497 in respect of any person, aircraft, airport or aviation-related service. [Sec. 3, RA 9497].

A vinculo matrimonii. Lat. Of marriage. 1. The term is now used to refer to a final and permanent divorce. [Duhaime's Legal Dict., 2004]. 2. The Civil Code of the Phils., now in force, does not admit absolute divorce, quo ad vinculo matrimonii; and in fact it does not even use that term, to further emphasize its restrictive policy on the matter, in contrast to the preceding legislation (Act 2710) that admitted absolute divorce on grounds of adultery of the wife or concubinage of the husband. [Tenchavez v. Escao, GR L-19671. Nov. 29, 1965].

Avoidance of the law. In conflict of laws, the intentional arrangement of connecting factors (contacts) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction. The opposite of evasion of the law (Fraude la loi). [Tetley, Glossary of Conflict of Laws, (Internet)].

Avulsion. 1. The segregation by the current of a river, creek or torrent from an estate on its bank a known portion of land and transferring it to another estate. The owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within 2 years. [Art. 459, CC]. 2. Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood. [Duhaime's Legal Dict., 2004].

Award. Any partial or final decision by an arbitrator in resolving the issue in a controversy. [Sec. 3, RA 9285].

Awning. A movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded, or collapsed against the face of a supporting building. [Sec. 1203, PD 1096].

AWOL or Absent Without Leave. [It] means that the employee has left or abandoned his post for a continuous period of thirty (30) calendar days or more without any justifiable reason and notice to his employer. [Binay v. Odea, GR 163683, 8 June 2007, 524 SCRA 248, 258].

- B -

Baby rocket. A firecracker with a stick so constructed that lighting of the wick will propel the whole thing to lift a few meters before exploding. The firecracker is about 1 1 / 2 inches in length by 3 / 8 inch in diameter while the stick is about a foot in length. [Sec. 2, RA 7183].

BAC. The Bids and Awards Committee established in accordance with Art. V of RA 9184.

Back pay. Pay awarded for work that could have been performed by the employee except that he was prevented from doing so because of his illegal dismissal by the employer. [Phil. Veterans Bank Employees Union v. Phil. Veterans Bank, GR 67125. Aug. 24, 1990].

Backwages. 1. The restitution of earnings unduly withheld from the employee because of illegal termination. It partakes the nature of a penalty the employer has to pay for illegally dismissing an employee. [laborlaw.usc-law.org; July 26, 2011]. 2. Wages granted on the basis of equity for earnings which a worker or employee has lost due to his illegal dismissal. [Cathedral Schl. of Tech. v. NLRC, GR 101438, Oct. 13, 1992].

Backward shifting. The transfer of the burden of the tax from the consumer or purchaser through the factors of distribution to the factors of production. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56].

Bad faith. 1. A state of mind

affirmatively operating with furtive design or with some motive of selfinterest or ill will or for ulterior purpose. [Air France v. Carrascoso, GR L-21438. Sep. 28, 1966]. 2. The neglect or refusal to fulfill a duty, not prompted by an honest mistake, but by some interested or sinister motive. [State v. Griffin, 100 S.C. 331, 84 S.E. 876, cited in Black's Dict., 4th Ed., 1951, p. 176].

Bad faith of a possessor in reference to land. There is a presumption of bad faith whenever a possessor is aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Art. 526, CC].

Bad faith on the part of the landowner. There is bad faith whenever the act was done with the knowledge of the landowner and without opposition on his part. [Art. 453, CC].

Badges of fraud. Some of the circumstances attending sales which may be considered as fraudulent: 1. The fact that the consideration of the conveyances is fictitious or is inadequate; 2. A transfer made by a debtor after suit has been begun and while it is pending against him; 3. A sale upon credit by an insolvent debtor; 4. Evidence of large indebtedness or complete insolvency; 5. The transfer of all or nearly all of his property by a debtor, especially when he is insolvent or greatly embarrassed financially; 6. The fact that the transfer is made between father and son, where there are present other of the above circumstances; 7. The

failure of the vendee to take exclusive possession of all the property. [Orsal v. Alibo, GR L13310, Nov. 28, 1959].

Baggage. Such articles of apparel, ornament, etc., as are in daily use by travelers, for convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or ultimate purpose of the journey. Only such articles of necessity or convenience as are generally carried by passengers for their personal use. [Comm. of Customs v. Geronimo, GR L-31642. Oct. 28, 1977, citing Bouvier's Law Dict., Vol. 1, p. 305].

Bail. 1. The security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit, or recognizance. [Sec. 1, Rule 114, RoC]. 2. Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. Bail and bond are often used interchangeably. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The security given for the release of the child in custody of the law, furnished by the child, the child's parent, guardian, or a bondsman, to guarantee the child's appearance before the court. Bail may be posted in a form such as corporate security, property bond or cash deposit. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18SC, Nov. 24, 2009].

Bail bond. An obligation signed by the accused to secure his presence at the trial. This obligation means

that the accused may lose money by not properly appearing for the trial. Often referred to simply as Bond. [Glossary of Legal Terms (Pro-Se), 2004].

Bailee. The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his possession. [Duhaime's Legal Dict., 2004].

Bailiff. An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum. [Jurist s Legal Dict., 2004].

Bailment. 1. The relationship created when the owner of property, the bailor, delivers it to another, the bailee, for some specific purpose. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (e.g. storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment. [Duhaime's Legal Dict., 2004].

Bailor. The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment. [Duhaime's Legal Dict., 2004].

Bakia. Tag. Wooden shoes. [People v. Resayaga, GR L-49536, Mar. 30, 1988].

Baklad. Tag. See Fish corral.

Balance. A remainder or something remaining from the original total sum already agreed upon. [Adelfa Properties, Inc. v. CA, GR 111238. Jan. 25, 1995].

Balanced and restorative justice. A principle in juvenile justice that requires a process of resolving conflicts with the participation of the victim, the child in conflict with the law, and the community. It seeks to obtain reparation for the victim; reconciliation to the victim, the child in conflict with the law, and the community, and the reassurance that the child in conflict with the law can be reintegrated into society. It also enhances public safety by involving the victim, the child in conflict with the law, and the community in prevention strategies. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009].

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 [Amer. Communications Assoc. v. Douds, 339 US 282].

Balance of power. Intl. Law. An arrangement of affairs so that no state shall be in apposition to have absolute mastery and dominion over

others. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50, citing Vattel].

Balancing test. 1. The test applied by courts in determining whether or not an accused has been denied his right to a speedy trial, in which the conduct of both the prosecution and the accused is weighed, and such factors as length of the delay, reason for the delay, the accused's assertion or non-assertion of his right, and prejudice to the accused resulting from the delay, are considered. [Hipolito v. CA, GR 108478-79, Feb. 21, 1994]. Also known as Four-factor balancing test. 2. When particular conduct is regulated in the 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 Asso. v. Douds, Yap v. Boltron, 100 Phil. 324 (1956)]. Compare with Clear and present danger rule and Dangerous tendency doctrine.

Balikbayan. A Filipino citizen who has been continuously out of the Phils. for a period of at least 1 year, a Filipino overseas worker, or former Filipino citizen and his or her family who had been naturalized in a foreign country and comes or returns to the Phils. [Sec 2, RA 9174; Sec. 2. RA 6768].

Banco. Sp. Bench. The local term for (a) particular long chair. [People v. Pastoral, GR 51686. Sep. 10, 1993].

Band. Also En cuadrilla. A group of more than 3 armed malefactors who take part in the commission of a robbery. [Art. 296, 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 Sup. Court of the Phils. in promulgating the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for Court Personnel, both of which took effect on June 1, 2004. [AM 03-05-01-SC, Apr. 27, 2005].

Bangko Sentral ng Pilipinas (BSP). The independent central monetary authority (of the Rep. of the Phils.) that shall function and operate as an independent and accountable body corporate in the discharge of its mandated responsibilities concerning money, banking and credit. [Sec. 1 & 2, RA 7653].

Bangungot. Tag. 1. Asphyxial cardiorespiratory failure. [People v. Narciso, GR L-24484. May 28, 1968]. 2. A natural disease locally called (as such) where the victim dies in his sleep allegedly due to bad dreams or nightmares. 3. A theoretical disease whose remote and immediate cause, pathology and cure have not as yet been accurately determined and scientifically established and confirmed. [Luzon Brokerage Co., Inc. v. Dayao, GR L-10362. Nov. 27, 1959].

Bank. 1. Every banking institution, as defined in Sec. 2 of RA 337, as amended, otherwise known as the General Banking Act. A bank may either be a commercial bank, a thrift

bank, a development bank, a rural bank or a specialized govt. bank. [Sec. 22, NIRC, as amended]. 2. (a) A banking institution organized under the laws of the Phils., (b) any other banking institution or trust company, doing business under the laws of the Phils., a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks. [Sec. 3, RA 2629]. 3. A moneyed institute founded to facilitate the borrowing, lending, and safe-keeping of money and to deal in notes, bills of exchange, and credits. [Rep. v. Security Credit & Acceptance Corp., GR L-20583. Jan. 23, 1967].

Bank deposit. Money held by a bank. The bank may freely use this money as it best sees fit. A depositor only has a claim against the bank as a general creditor and not as a bailor of specific property deposited with the bank. [Intl. Law Dict. & Direct., 2004].

Bank draft. 1. A bill of exchange drawn by a bank upon its correspondent bank, issued at the solicitation of a stranger who purchases and pays therefor. [Citytrust Banking Corp. v. CA, GR 92591. Apr. 30, 1991, citing Kohler v. First Natl. Bank, 289 P 47, 49, 157 Wash. 417 1930)]. 2. An order for payment of money. [Ibid., citing Polotsky v. Artisans Savings Bank, Del. 180 A. 791, 792, 7 WW. Harr 142 (1935)].

Banker s acceptance bill. Nego. Inst. A bill of exchange of which the acceptor is a bank or banker engaged generally in the business of granting banker s acceptance credit. This is the same as Trade acceptance bill, the only difference is it is drawn against a bank instead of the buyer. [Diaz, Bus. Law Rev., 1991 Ed., p. 365].

Banker s check. A chose in action, or evidence of the right of the real owner. [Moreno s Law Dict., 2000 Ed., p. 45].

Banking franchise. An authority granted by the monetary board to conduct banking business (in the Phils.) as provided for under the pertinent laws. d thenceforth be called. [Claridades, A., Compilation of Notes, 2001-2006].

Banking institution and Bank. The terms are synonymous and interchangeable and specifically include banks, banking institutions, commercial banks, savings banks, mortgage banks, trust companies, building and loan associations, branches and agencies in the Phils. of foreign banks, hereinafter called Phil. branches, and all other corporations, companies, partnerships, and associations performing banking functions in the Phils. [Sec. 2, RA 337].

Bank reserves. The reserves required of all banks operating in the Phils. to maintain against their deposit liabilities in order to control the volume of money created by the credit operations of the banking system. [Sec. 94, RA 7653].

Bankruptcy. 1. The formal condition of an insolvent person being

declared bankrupt under law. The legal effect is to divert most of the debtor's assets and debts to the administration of a third person, sometimes called a trustee in bankruptcy, from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during which his commercial and financial affairs are administered under the strict supervision of the trustee. [Duhaime's Legal Dict., 2004]. 2. Statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or discharged from their debts, perhaps by paying a portion of each debt. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors. [Glossary of Legal Terms (Pro-Se), 2004].

Banks. Collectively, the rural banks, cooperative banks, and private development banks as defined in par. 17, 18 and 19, Sec. 3 of RA 7607. [Sec. 4, RA 7607].

Banks and other financial institutions. Non-bank financial intermediaries, lending investors, finance and investment companies, pawnshops, money shops, insurance companies, stock markets, stock brokers and dealers in securities and foreign exchange, as defined under applicable laws, or rules and regulations thereunder. [Sec. 131, RA 7160].

Bank Secrecy Law. RA 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. [Claridades, A., Compilation of Notes, 2006-2011].

Banned hazardous substance. (a) Any toy or other articles intended for use by children, which are hazardous per se, or which bear or contain substances harmful to human beings; or (b) any hazardous substance intended or packaged in a form suitable for use in the household, which the implementing agency by regulation, classifies as banned hazardous substance notwithstanding the existence of cautionary labels, to safeguard public health and safety. [Art. 4, RA 7394].

Bantay bayan. Tag. A group of male residents living in [the] area organized for the purpose of keeping peace in their community [,which is] an accredited auxiliary of the x x x PNP. [People v. Buendia, 432 Phil. 471 (2002)].

Baptismal certificate. 1. A private document, which, being hearsay, is not a conclusive proof of filiation (and) does not have the same probative value as a record of birth, an official or public document. [In Re: Pabellar v. CA, GR L-27298. Mar. 4, 1976]. 2. While (it) may be

considered (a) public document, (it) can only serve as evidence of the administration of the sacraments on the dates so specified. (It is) not necessarily competent evidence of the veracity of entries therein with respect to the child's paternity. [Fernandez v. CA, GR 108366. Feb. 16, 1994].

Bar. 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The whole body of attorneys and counselors. Collectively, the members of the legal profession. [Black s Law Dict., 6th Ed., p. 148].

Bar admission. The act by which one is licensed to practice before the courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after a period of years as a member of the bar of another jurisdiction. [Black s Law Dict., 6th Ed., p. 149].

Barako. Tag. Tough guy. [People v. Batas, GR 84277-78. Aug. 2, 1989].

Barangay. The name by which any barrio recognized under RA 3590, otherwise known as the "Barrio Charter Law", as amended, including those that were

subsequently created in accordance with subsequent laws would thenceforth be called. [Claridades, A., Compilation of Notes, 20012006].

Barangay Day Care Center Law of 1978. PD 1567 entitled .Establishing a day care center in every barangay and appropriating funds therefor. signed into law on June 11, 1978.

Barangay Decree. PD 557 entitled .Declaring all barrios in the Phils. as barangays, and for other purposes. signed into law on Sep. 21, 1974.

Barangay health worker. A person who has undergone training programs under any accredited govt. and non-govt. org. and who voluntarily renders primary health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the DOH. [Sec. 3, RA 7883].

Barangay Health Workers' Benefits and Incentives Act of 1995. RA 7883 entitled .An Act creating benefits and incentives to accredited barangay health workers and for other purposes. enacted on Feb. 20, 1995.

Barangay Justice. See Katarungang Pambarangay.

Barangay Livelihood and Skills Act of 2008. RA 9509 entitled .An Act Establishing Livelihood and Skills Training Centers in Fourth, Fifth and Sixth Class Municipalities and for Other Purposes. enacted on Oct.

21, 2009.

Barangay micro business enterprise (BMBE). Any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agroprocessing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than P3,000,000.00. [Sec. 3, RA 9178].

Barangays. Units of municipalities or municipal districts in which they are situated. They are quasi-municipal corporations endowed with such powers as are herein provided for the performance of particular govt. functions, to be exercised by and through their respective barangay governments in conformity with law. [Sec. 2, RA 3590, as amended].

Bar by prior (or former) judgment. Also Res judicata. The rule that the judgment in the first case constitutes an absolute bar to the subsequent action when, between the first case where the judgment was rendered and the second case which sought to be barred, there is identity of parties, subject matter and cause of action. [Comilang v. CA, July 15, 1975].

Bareboat. Mar. Law. Literally, .without a crew.. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989].

Bareboat charter. See Demise charter.

Bar examination. A state examination (administered by the Sup. Court of the Phils.) taken by prospective lawyers in order to be admitted and licensed to practice law. [Glossary of Legal Terms (ProSe), 2004].

Bargainable employee. Generally, it refers to a rank-and-file employee who belongs to an established collective bargaining unit. [Claridades, A., Compilation of Notes, 2006-2011].

Bargaining. A process where the parties discuss their demands and counter-demands and, after haggling, agree on what is essentially a compromise reflecting the concessions mutually given by the parties to arrive at a common understanding. [Aquino v. NLRC, GR 87653. Feb. 11, 1992].

Bargaining representative. A legitimate labor organization or any officer or agent of such organization whether or not employed by the employer. [Art. 212, LC].

Bargaining unit. A group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interest of all the employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. [Golden Farms v. Sec. of Labor, GR 102130. July 26, 1994].

Barkada. Tag. 1. Group. [People v. Resayaga, GR L-23234. Dec. 26, 1973]. 2. Comrade or coconspirator. [People v. Plateros, GR L-37162. May 30, 1978]. 3. Companion. [People v. Catindihan, GR L-32508 & L-42104. Apr. 28, 1980]. 4. Gang. [People v. Cuya, Jr., GR L-33046. Feb. 18, 1986]. 5. Buddies. [People v. Parba, GR L63409. May 30, 1986]. 6. Close friend. [People v. Valdez, GR L75390. Mar. 25, 1988].

Barker. A caller of jeepney passengers. [People v. Payumo, GR 81761. July 2, 1990].

Barking. Calling for passengers to ride on waiting jeepneys. [Moreno s Law Dict., 2000 Ed., p. 47].

Barratry. 1. Legal Ethics. The offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46, citing 4 Bla. Com. 134; Co. Litt. 368]. 2. Mar. Law. The fraudulent act of the master or mariner against the ship owner s interest. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. 3. Any willful misconduct on the part of master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owners, and to the prejudice of the owner's interest. (Sec. 171, US Ins. Law, quoted in Vance, Handbook on Law of Ins., 1961, p. 929.)

Barratry clause. Mar. Ins. A clause which provides that there can be no recovery on the policy in case of any

willful misconduct on the part of the master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owners and to the prejudice of the owner s interest.

Barrel. 42 US gallons or 9702 cubic inches at temperature of 60 F. [Sec. 3, PD 87].

Barrier between the legitimate family and the illegitimate family rule. See Iron curtain rule.

Barrio Charter Act. RA 2370 entitled .An Act granting autonomy to barrios of the Phils.. enacted on June 20, 1959.

Barrio or Barrios. Units of municipalities or municipal districts in which they are situated. They are quasi-municipal corporations endowed with such powers provided in the law for the performance of particular govt. functions, to be exercised by and through their respective barrio governments in conformity with law. [Sec. 2, RA 2370]. Now called Barangay.

Barrister. A litigation specialist; a lawyer that restricts his practice to the court room. In England and some other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors, the latter with exclusive privileges of advising clients, providing legal advice, and the former with exclusive privileges of appearing in a court on behalf of a client. [Duhaime's Legal Dict., 2004].

Barter or exchange contract. 1. A contract whereby one of the parties binds himself to give one thing in consideration of the other's promise to give another thing. [Art. 1638, CC]. 2. A contract whereby one person transfers the ownership of non-fungible things to another with the obligation on the part of the latter to give things of the same kind, quantity, and quality. [Art. 1954, CC].

Basel Convention. The international accord which governs the trade or movement of hazardous and toxic waste across borders. [Sec. 4, RA 8479].

Baseline. The line from which territorial seas and other maritime zones are measured. [Intl. Law Dict. & Direct., 2004].

Base metals. All metallic minerals except noble metals. [Sec. 2, RA 4095].

Bases Conversion and Development Authority (BCDA). A body corporate created under Sec. 3 of RA 7227.

Basic community services and facilities. Services and facilities that redound to the benefit of all homeowners and from which, by reason of practicality, no homeowner may be excluded such as, but not limited to: security; street and vicinity lights; maintenance, repairs and cleaning of streets; garbage collection and disposal; and other similar services and facilities. [Sec. 3, RA 9904].

Basic credit data. Positive and negative information provided by a borrower to a submitting entity in connection with the application for and availment of a credit facility and any information on the borrower s creditworthiness in the possession of the submitting entity and other factual and objective information related or relevant thereto in the submitting entity s data files or that of other sources of information: Provided, that in the absence of a written waiver duly accomplished by the borrower, basic credit data shall exclude confidential information on bank deposits and / or clients funds under RA 1405 (Law on Secrecy of Bank Deposits), RA 6426 (The Foreign Currency Deposit Act), RA 8791 (The General Banking Law of 2000), RA 9160 (Anti-Money Laundering Law) and their amendatory laws. [Sec. 3, RA 9510].

Basic education. The education intended to meet basic learning needs which lays the foundation on which subsequent learning can be based. It encompasses early childhood, elementary and high school education as well as alternative learning systems 4 outof-school youth and adult learners and includes education for those with special needs. [Sec. 4, RA 9155].

Basic necessities. Rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry, meat, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and drugs classified as essential by the DOH and other commodities as maybe classified by the DTI and the DA according to RA 7581 or the Price Act. [Art. 5, IRR of RA 9994; Sec. 3 (1), RA 7581].

Basic needs approach to development. The identification, production and marketing of wage goods and services for consumption of rural communities. [Sec. 4, RA 8435].

Basic salary. 1. A rate of pay for a standard work period exclusive of such additional payments as bonuses and overtime. [BoieTakeda Chemicals, Inc. v. De La Serna, GR 92174. Dec. 10, 1993]. 2. [This] shall include all remunerations or earnings paid by an employer to an employee for services rendered but may not include cost-of-living allowances granted pursuant to PD 525 or LOI 174, profit-sharing payments, and all allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee at the time of the promulgation of the Decree on Dec. 16, 1975. [Rules and Regulations Implementing PD 851, promulgated on Dec. 22, 1975].

Basic sectors. The disadvantaged sectors of Phil. society, namely: farmer-peasant, artisanal fisher folk, workers in the formal sector and migrant workers, workers in the informal sector, indigenous peoples and cultural communities, women, differently-abled persons, senior citizens, victims of calamities and disasters, youth and students,

children, and urban poor. [Sec. 3, RA 8425].

Basic skills training. The first stage of the learning process of a vocational character for a given task, job, occupation or group of occupations, aimed at developing the fundamental attitude, knowledge, skill or behavior pattern to specified standards. [Sec. 1, Rule 1, Book 2, IRR of LC].

Basic tuition fees. Amounts paid for the privilege to receive instruction in a high school but does not include matriculation fee, and other miscellaneous fees as library and athletic fee, laboratory fee, entrance fee, ROTC fee, student council fee, graduation fee and similar fees. [Sec. 30, PD 69].

Basic unit. A well-defined unit which by convention is regarded as dimensionally independent. [Sec. 4, BP 8].

Basic wage. 1. All regular remuneration or earnings paid by an employer for services rendered on normal working days and hours but does not include cost-of-living allowances. profit-sharing payments. Premium payments, 13th month pay, and other monetary benefits which are not considered as part of or integrated into the regular salary of the employee on the date the Order became effective. [IRR, EO 178]. 2. All remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include cost-of-living allowances, profit sharing payments, premium payments, 13th month pay or other monetary benefits which are not considered as part of or integrated into the regular salary of the workers. [Sec. 1, Rule 7, Book

3, IRR of LC].

Basin. A enclosed water in the sea.

naturally or artificially or nearly enclosed body of free communication with [Sec. 3, PD 857].

Basnig. Tag. A fishing boat. [Jimenez v. Averia, GR L-22759. Mar. 29, 1968].

Bastante amenazadora. Sp. Quite menacing. [In Re: Contempt Proceedings v. Aguas, GR 12, Aug. 8, 1901].

Bastard. An illegitimate child, born in a relationship between 2 persons that are not married (i.e. not in wedlock) or who are not married at the time of the child's birth. [Duhaime's Legal Dict., 2004].

Batas Pambansa (BP). Statutes approved by the Batasang Pambansa. [Suarez, Stat. Con., (1993), p. 42].

Batch. A quantity of any drug or device produced during a given cycle of manufacture. [Sec. 6, EO 175, May 22, 1987].

Batch number. A designation printed on the label of a drug or device that identifies the batch, and permits the production history of the batch including all stages of manufacture and control, to be traced and reviewed. [Sec. 6, EO 175, May 22, 1987].

Battered woman. A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. The term includes wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman. [Claridades, A., Compilation of Notes, 2006-2011].

Battered woman syndrome. A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. [Sec. 3, RA 9262].

Battery. 1. An act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. [Sec. 3, RA 9262]. 2. A beating, or wrongful physical violence. The actual threat to use force is an assault; the use of it is a battery, which usually includes an assault. [Glossary of Legal Terms (Pro-Se), 2004].

Batuta. Tag. A nightstick used by barangay tanods. [People v. Balderama, GR 89597-98. Sep. 17, 1993].

Baul. Tag. Commonly known in local parlance as wooden trunk. [People v. Sadang, GR 105378. June 27, 1994].

Bawang. Tag. A firecracker larger than a triangulo with 1 / 3 teaspoon of powder packed in cardboard tied around with abaca strings and wrapped in shape of garlic. [Sec. 2, RA 7183].

Bay. Intl. Law. A well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a curvature of the coast. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 62].

Bayanihan. See Palusong.

Bayaw. Tag. 1. Brother-in-law. [People v. Manalo, GR L-42505. Dec. 26, 1984]. 2. Sometimes loosely used to refer to a (male) cousin-in-law. [People v. Songcuan, GR 73070. Aug. 11, 1989]. Compare with Bilas and Hipag.

BCDA. See Bases Conversion and Development Authority.

Bearer. Nego. Inst. The person in possession of a bill or note which is payable to bearer. [Sec. 191, NIL].

Bearer check. A check payable to cask. [Moreno s Law Dict., 2000 Ed., p. 48].

Bearer instrument. A check payable to the order of cash, the payee of which does not purport to be the name of any person. [Moreno s Law Dict., 2000 Ed., p. 48].

Beauty contest. Any competition

open to any male or female, which

is national in character or scope, whether with or without international affiliation, wherein the winner or winners are chosen on the basis of beauty or other physical attributes or a combination of beauty and talent, intelligence, charm, grace or other similar qualities. [LOI 1376].

Beginning of personality. Personality begins at conception, such that the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in Art. 41 of the Civil Code. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. [Arts. 40 and 41, CC].

Behest loans. The loans extended by GFIs allegedly upon orders of the Marcos regime to its favorites and cronies who obtained amounts unconscionably far in excess of their loan values and knowing fully well that they would never be repaid. [From the 3rd preambulatory clause of Proc. 82, dated Mar. 3, 1987].

BEI. Board of Election Inspectors.

Beinte nueve. (A local) fan knife. [People v. Alcantara, GR 91283. Jan. 17, 1995]. Also Veinte nueve.

Belated due process rule. See Wenphil doctrine.

Belligerency. Intl. Law. It exists when a sizeable portion of the territory of a state is under the effective control of an insurgent community which is seeking to establish a separate govt. and the insurgents are in de facto control of a portion of the territory and population, have a political organization, are able to maintain such control, and conduct themselves according to the laws of war. [Sandoval, Pol. Law Reviewer 2003].

Belligerent community. A group of rebels under an organized civil govt. who have taken up arms against the legitimate government. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 17].

Belligerent government. A govt. engaged in a war with insurgents. [Intl. Law Dict. & Direct., 2004].

Belligerent occupation. Intl. Law. An incident of war which occurs when the territory of one belligerent is placed under the authority and control of the invading forces of the other belligerent. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 139]. Compare with Military occupation.

Bells palsy. An acute lower Motor Neuron Palsy of the facial nerve, characterized by pain, weakness or paralysis of the affected side of the face. [Galanida v. ECC, GR L-70660. Sep. 24, 1987].

Bellum justum. Lat. Just war. [Claridades, A., Compilation of Notes, 2001-2006].

Bench. The seat occupied by the judge. More broadly, the court itself. [Glossary of Legal Terms (Pro-Se), 2004].

Bench warrant. An order issued by a judge for the arrest of a person. [Glossary of Legal Terms (Pro-Se), 2004].

Benefactor. Any person whether related or not to the senior citizen who provides care or who gives any form of assistance to him / her, and on whom the senior citizen is dependent on for primary care and material support, as certified by the City or Municipal Social Welfare and Devt. Officer (C/MSWDO). [Art. 5, IRR of RA 9994].

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. [Claridades, A., Compilation of Notes, 2006-2011].

Beneficial Ownership. 1. The right to the gains, rewards and advantages generated by the property. [La Bugal-B'laan Tribal Assoc. Inc. v. DENR Secretary, GR 127882, Dec. 1, 2004]. 2. 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. [Claridades, A., Compilation of Notes, 2006-2011].

Beneficial use. The use of the

environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes. [Sec 4, RA 9275].

Beneficiaries. The dependent spouse until he / she remarries and dependent children, who are the primary beneficiaries. In their absence, the dependent parents and subject to the restrictions imposed on dependent children and legitimate descendents who are the secondary beneficiaries. Provided, that the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no other dependent children who are qualified and eligible for monthly income benefit. [Art. 167, LC].

Beneficiary. The person designated by the planholder as the recipient of the benefits in the pre-need plan. [Sec. 4, RA 9829].

Beneficiary or cestui que trust. 1. The person for whose benefit the trust has been created. [Art. 1440, CC]. 2. Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust. [Glossary of Legal Terms (Pro-Se), 2004]. 3. Ins. The person which is designated in a contract of life, health or accident insurance as the one who is to receive the benefits which become

payable, according to the terms of the contract, upon the death of the insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 27, citing 44 Am. Jur. 2nd 639].

Beneficio neto. Sp. Net profit. [Moreno s Law Dict., 2000 Ed., p. 49].

Benefits. The payment of monetary considerations and / or performance of future services which the preneed company undertakes to deliver either to the planholder or his beneficiary at the time of actual need or agreed maturity date, as specified in the pre-need plan. [Sec. 4, RA 9829].

Benefits-protection theory. The theory that the govt. is expected to respond in the form of tangible and intangible benefits intended to improve the lives of the people and enhance their moral and material values. This symbiotic relationship is the rationale of taxation and should dispel the erroneous notion that it is an arbitrary method of exaction by those in the seat of power. [Comm. of Int. Rev. v. CA, GR L-28896. Feb. 17, 1988].

Bequeath. To give a gift to someone through a will. [Glossary of Legal Terms (Pro-Se), 2004].

Bequests. Gifts made in a will. [Glossary of Legal Terms (Pro-Se), 2004]. See Legacy.

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. Custodio v. Sandiganbayan, 453 SCRA 24, citing Berry v. State of Georgia, 10 GA 511 (1851)].

Berthing charge. The amount assessed against a vessel for mooring or berthing at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any port in the Phils.; or for mooring or making fast to a vessel so berthed; or for berthing or mooring within any slip, channel, basin river or canal under the jurisdiction of any port of the Phils. The owner, agent, operator or master of the vessel is liable for this charge. [Sec. 2901, RA 1937].

Best evidence. The best evidence available. Evidence short of this is secondary, that is, an original letter is Best evidence, and a photocopy is Secondary evidence. [Glossary of Legal Terms (Pro-Se), 2004]. See Primary evidence

Best evidence rule. 1. A rule of evidence that there can be no evidence of a writing, the contents of which are the subject of inquiry, other than the original writing itself except, among others, when the original has been lost, destroyed, or cannot be produced in court. [Sec. 3, Rule 130, RoC]. 2. A rule

providing that no evidence shall be received which is merely substitutionary in its nature so long as the original evidence can be had. [Arroyo v. HRET, GR 118597. July 14, 1995].

Best interest of the child. The totality of the circumstances and conditions as are most congenial to the survival, protection and feelings of security of the child and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. [Sec. 4, RA 9344; AM 00-407-SC].

Bestosexual. Legal Med. A person whose sexual desire is towards animals. It is attained by having sex with an animal. [Olarte, Legal Med., 1st Ed. (2004), p. 113].

Betrayal of trust or revelation of secrets by an attorney or solicitor. Crim. Law. The felony committed by any attorney-at-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity, or who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. [Art. 209, RPC].

Bet taker of promoter. A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the

cockfight and thereafter distributes won bets to the winners after deducting a certain commission. [Sec. 4, PD 449].

Betterment. See Mejora.

Betting. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. [Sec. 1, PD 483].

Betting in sports contests. Crim. Law. The felony committed by any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests. [Art. 197, RPC].

Bettor. 1. Mananaya, Tayador or variants thereof. Any person who places bets for himself / herself or in behalf of another person, or any person, other than the personnel or staff of any illegal numbers game operation. [Sec. 2, RA 9287].

Bettor. A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as announced by the referee or sentenciador. He may be the owner of fighting cock. [Sec. 4, PD 449].

Beverage. A liquor or liquid for drinking. [Cagayan Valley Ent., Inc.

v. CA, GR 78413. Nov. 8, 1989, citing Burnstein v. US, CC. A. Cal., 55 F2d 599, 603; Black's Law Dict., 4th Ed., 204].

Beyond cavil. Cannot be doubted or argued about. [learnersdictionary.com; July 24, 2009].

Beyond economical repair. The condition of the supplies when the cost of repairing becomes prohibitive and disadvantageous to the govt. or when the cost to repair an item is over 60% of the acquisition cost. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].

Beyond reasonable doubt. The standard in a criminal case requiring that the court be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person. [Glossary of Legal Terms (Pro-Se), 2004].

Bias or Partiality. A predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. [Malabed v. Asis, AM RTJ-07-2031, Aug. 4, 2009, citing Black s Law Dict. Abridged 5th Ed., p. 84].

Bicameral conference committee. See Conference committee.

Bid. Signed offer or proposal

submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the bidding documents. [Sec. 5, RA 9184].

Bid bond. Also Proposal bond. An indispensable requirement for the validation of a bid proposal. The bond insures good faith of the bidders and binds them to enter into a contract with the Govt. should their proposal be accepted. [Padilla v. Zaldivar, L-22789, Oct. 30, 1964, 12 SCRA 260].

Bidder's bond. A bond in cash, certified or cashier's check or surety required of bidders before they can participate in any competitive bidding, to guarantee in good faith the submission of their tenders and acceptance of all the terms and conditions thereof. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].

Bidding. Making an offer or an invitation to prospective contractors whereby the government manifests its intention to invite proposals for the purchase of supplies, materials and equipment for official business or public use, or for public works or repair. [J.G. Summit Holdings, Inc. v. CA, GR 124293, 24 Sept. 2003, 412 SCRA 10, 31-32].

Bidding documents. Documents issued by the procuring entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid for the goods, infrastructure projects, and consulting services to be provided. [Sec. 5, RA 9184].

Bienes futuros. Sp. Future property. [Blas v. Santos, GR L-14070. Mar. 29, 1961].

Bigamous marriage. A marriage contracted by any person during the subsistence of a previous marriage and is, therefore, null and void. [Art. 41, FC].

Bigamy. 1. The contracting of a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been alleged declared presumptively dead by means of a judgment rendered in the proper proceeding. [Art. 349, RPC]. 2. An illegal marriage committed by contracting a second or subsequent marriage before the first 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. Bigamy carries with it the imposable penalty of prision mayor. Being punishable by an afflictive penalty, this crime prescribes in 15 years. The 15-year prescriptive period commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. [Sermonia v. CA, GR 109454. June 14, 1994].

Bilas. Tag. 1. The husband of (one s) wife's sister. [People v. Ventura, GR L-32716. Dec. 1, 1977]. 2. Cobrother-in-law. [People v. Malillos, GR L-26568. July 29, 1968]. Compare with Bayaw and Hipag.

Bilateral contract. See Synallagmatic contract.

Bilateral treaty. Formal binding

agreement between 2 states. [Intl. Law Dict. & Direct., 2004].

Bill. A proposed law filed in Congress which becomes law only after it is considered, passed upon and approved by Congress and by the Pres. of the Phils. [Claridades, A., Compilation of Notes, 2001-2006].

Bill increasing public debt. A bill filed in Congress proposing to authorize the govt. to borrow money, either by borrowing from external sources or by offering bonds for public subscriptions. [Claridades, A., Compilation of Notes, 2001-2006].

Bill in set. Nego. Inst. 1. A bill composed of several parts, each part is numbered and contains a reference to the other parts, all of which parts constitute one bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 377]. 2. A bill drawn in a set, each part of the set being numbered, and containing a reference to the other parts, the whole of the parts constitutes one bill. [Claridades, A., Compilation of Notes, 2001-2006].

Bill of attainder. A legislative act which inflicts punishment without trial. [People v. Ferrer, L-32613-14, Dec. 27, 1972, 48 SCRA 382, citing Cummings v. US, 4 Wall, 277 (1867)].

Bill of exchange. 1. 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 at a fixed or determinable future time a sum certain in money to order or to bearer. [Sec. 126, NIL]. 2. A negotiable instrument by which the drawer requires of the drawee to pay a designated sum of money to the payee or subsequent holder. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Compare with Promissory note.

Bill of lading. 1. A written acknowledgment of the receipt of the goods and an agreement to transport and deliver them at a specified place to a person named or on his order. [Suggested Answer for the 1998 Bar, UPLC, (2002), p. 42]. 2. Such instrument may be called a shipping receipt, forwarder's receipt and receipt for transportation. [Saludo v. CA, GR 95536. Mar. 23, 1992]. 3. A written agreement between the shipper of the goods and a common carrier. [Torres, Oblig. & Cont., 2000 Ed., p. 348].

Bill of local application. A bill filed in Congress that is local in character like the creation of a new town, city or province. [Claridades, A., Compilation of Notes, 2001-2006].

Bill of particulars. Rem. Law. 1. A definite statement which a party may move for before responding to a pleading concerning any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within 10 days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. [Sec. 1, Rule 12, RoC]. 2. A more definite statement, ordered by the court on motion of a party, the office of (which) is limited to making

more particular or definite the ultimate facts in a pleading (that were) alleged too generally or not averred with sufficient definiteness or particularly (as) to enable an (adverse party) properly to prepare his responsive pleading or to prepare for trial. It is not its office to supply evidentiary matters. [Fortune Corp. v. CA, GR 108119. Jan. 19, 1994].

Bill of particulars. Rem. Law. Purposes: 1. To amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. 2. To define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. [Virata v. Sandiganbayan, GR 106527. Apr. 6, 1993].

Bill of rights. Consti. Law. A formal and emphatic legislative assertion

and declaration of popular rights and liberties. That portion of the Consti. guaranteeing the rights and privileges to the individual. [Black s Law Dict., Abr. 5th Ed. (1983), p. 86].

Binder. See Binding slip.

Binding receipt. Ins. 1. A mere acknowledgment on behalf of the company that its branch office had received from the applicant the insurance premium and had accepted the application subject to processing by the head office. 2. In life insurance a "binding slip" or "binding receipt" does not insure of itself. [De Lim v. Sun Life Assurance Co. of Canada, 41 Phil. 264].

Binding slip. Also Binder. A document given to the insured to bind the company in case a loss occurs pending action upon the application and the actual issuance of a policy. Such a slip issued by the duly authorized agent of an insurance company constitutes a temporary contract of insurance under which the company is liable for any loss occurring during the period covered by it. [Moreno s Law Dict., 2000 Ed., pp. 51-52].

Bingeing. Legal Med. The rapid and quick consumption of large amounts of food while feeling a loss of control. [Olarte, Legal Med., 1st Ed. (2004), p. 139].

Bintol. Tag. Bamboo-and-net device used to catch .talangka.. [People v. Rejano, GR 105669-70. Oct. 18, 1994].

Bioavailability. The rate and extent

to which the active ingredient or therapeutic ingredient is absorbed from a drug and becomes available at the site of drug action. [Sec. 9, RA 9711].

Bio-conversion to fuels. The various processes, natural or synthetic, by which a solid, liquid or gaseous fuel is produced by utilizing bio-mass feedstock, e.g. anaerobic fermentation of animal manure to yield bio-gas; combustion of firewood to yield heat, steam or power, fermentation of agricultural crops or by-products to yield substitute fuels such as alcohol. [Sec. 2, PD 1068].

Biodegradable wastes. Organic matter for compost / organic fertilizer for the organic cultivation, farming of food crops and includes discards segregated farm nonbiodegradable wastes coming from the kitchen / household (leftovers, vegetables and fruit peelings and trims, fish / fowl cleanings, seeds, bones, soft paper used as food wrap and the like), yard or garden (leaves, grasses, weeds and twigs), market (wilted, decayed or rotten vegetables and fruits, fish / fowl cleanings, bones) and farm wastes (grass clippings, dead or decayed plants, leaves, fruits, vegetables, branches, twigs and the like). [Sec. 3, RA 10068].

Biodiesel. Fatty Acid Methyl Ester (FAME) or mono-alkyl ester delivered from vegetable oil, or animal fats and other biomassderived oils that shall be technically proven and approved by the DOE for use in diesel engines, with

quality specifications in accordance with the Phil. National Standards (PNS). [Sec. 3, RA 9367].

Bioequivalence. The rate and extent of absorption to which the drugs do not show a significant difference from the rate and extent of the listed drug when administered at the same molar dose of the therapeutic ingredient under similar experimental conditions in either a single dose or multiple doses. Bioequivalence shall also refer to the absence of a signiticant difference on the rate and extentto-which the active ingredient(s) of the sample and reference drug becomes available at the site of drug action when administered under the same molar dose and under similar conditions. [Sec. 9, RA 9711].

Bioethanol fuel. Ethanol (C2H30H) produce from feedback and other biomass. [Sec. 3, RA 9367].

Bioethanol fuels. The hydrous and anhydrous bioethanol suitably denatured for use as motor fuel with quality specifications in accordance with the PNS. [Sec. 3, RA 9367].

Biofuel. The bioethanol and biodiesel and other fuels made from biomass and primary used for motive, thermal power generation, with quality specifications in accordance with PNS. [Sec. 3, RA 9367].

Biofuels Act of 2006. RA 9367 entitled .An Act to Direct the Use of Biofuels, Establishing for this Purpose the Biofuel Program, Appropriating Funds Therefor, and for Other Purposes. enacted on Jan. 12, 2007.

Bio-gas. A fuel gas consisting of 5070% methane and the rest noncombustible gases produced by the anaerobic fermentation of organic waste. [Sec. 2, PD 1068].

Biologic products. Viruses, sera, toxins and analogous products used for the prevention or cure of human diseases. [Sec. 42, RA 5921].

Biomass or Bio-mass. Any organic matter, particularly cellulosic or ligno-cellulosic matter, which is available on a renewable or recurring basis, including trees, crops and associated residues, plant fiber, poultry litter and other animal wastes, industrial wastes and biodegradable component of solid waste. [Sec. 3, RA 9367]. 2. Organic matter, whether living or not. This would include, among others, trees, algae, animal and agricultural wastes and decaying plants in swamps. [Sec. 2, PD 1068].

Biomass energy systems. Energy systems which use biomass resources to produce heat, steam, mechanical power or electricity through either thermochemical, biochemical or physico-chemical processes, or through such other technologies which shall comply with prescribed environmental standards pursuant to RA 9513. [Sec. 4, RA 9513].

Biomass resources. Non-fossilized, biodegradable organic material originating from naturally occurring or cultured plants, animals and micro-organisms, including

agricultural products, by-products and residues such as, but not limited to, biofuels except corn, soya beans and rice but including sugarcane and coconut, rice hulls, rice straws, coconut husks and shells, corn cobs, corn stovers, bagasse, biodegradable organic fractions of industrial and municipal wastes that can be used in bioconversion process and other processes, as well as gases and liquids recovered from the decomposition and / or extraction of non-fossilized and biodegradable organic materials. [Sec. 4, RA 9513].

Biomedicine. That discipline of medical care advocating therapy with remedies that produce effects differing from those of the diseases treated. It is also called 'allopathy,' 'western medicine,' 'regular medicine,' 'conventional medicine,' 'mainstream medicine,' 'orthodox medicine,' or 'cosmopolitan medicine.' [Sec. 4, RA 8423].

Bioprospecting. The research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely for commercial purposes. [Sec. 5, RA 9147].

BIR. See Bureau of Internal Revenue.

Bird sanctuary. See Game refuge.

Birth certificate. A historical record of the facts as they existed at the time of birth. [Silverio v. Rep., GR 174689; Oct. 22, 2007, citing Sec. 5, Act 3753 (Civil Register Law)].

Bitten. An act by which a dog seizes, cuts or grips with its teeth so that the skin of a person has been wounded, pierced or scratched. [Sec. 3, RA 9482].

Black Hand. A lawless secret society whose members engage in extortion, terrorism, and other crimes. [People v. Aquino, GR L23908. Oct. 29, 1966, citing Webster, New Intl. Dict., 2nd Ed., p. 280].

Blackhander. A person belonging to or associated with Black Hand, a lawless secret society whose members engage in extortion, terrorism, and other crimes. [People v. Aquino, GR L-23908. Oct. 29, 1966, citing Webster, New Intl. Dict., 2nd Ed., p. 280].

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).

Blackmarketing of foreign exchange. The crime committed by any person who shall engage in the trading or purchase and sale of foreign currency in violation of existing laws or rules and regulations of the Central Bank. [Sec. 1, PD 1883]. See Salting of foreign exchange.

Blameless ignorance doctrine. The doctrine incorporated in Sec. 2 of Act No. 3326 under which, the statute of limitations runs only upon

discovery of the fact of the invasion of a right which will support a cause of action. In other words, the courts would decline to apply the statute of limitations where the plaintiff does not know or has no reasonable means of knowing the existence of a cause of action. [Pres l. Ad Hoc Fact- Finding Committee on Behest Loans v. Desierto, GR 135715, Apr. 13, 2011].

Blanket clause or Dragnet 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 v. Alviar, 464 SCRA 353].

Blanket mortgage clause. [A clause in a mortgage contract] which makes available future loans without need of executing another set of security documents, has long been recognized in our jurisprudence. It is meant to save time, loan closing charges, additional legal services, recording fees, and other costs. [It] is designed to lower the cost of loans to borrowers, at the same time making the business of lending more profitable to banks. [Lim Julian v. Lutero, 49 Phil. 703 (1926); Tad-Y v. PNB, 120 Phil. 806 (1964)].

Blank indorsement. See Indorsement in blank.

Blasting agent. Any material or mixture consisting of a fuel and oxidizer used to set off explosives. [Sec. 3, RA 9514; Sec. 3, PD 1185].

Blighted lands. The areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area. [Sec. 3, RA 7279].

Block. A parcel of land bounded on the sides by streets or alleys or pathways or other natural or manmade features, and occupied by or intended for buildings. [Sec. 3, BP 220].

Block. Also Meridional block. An area bounded by 1 / 2 minute of latitude and 1 / 2 minute of longitude, containing approximately 81 hectares. [Sec. 3, RA 7942].

Blockade. Intl. Law. A hostile operation by which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 155].

Blockhead. A person deficient in understanding. [People v. Aquino,

GR L-23908. Oct. 29, 1966, citing Webster Intl. Dict., p. 290].

Blood bank or center. A laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and / or education on blood transfusion transmissible diseases. [Sec. 3, RA 7719].

Blood collection unit. An institution or facility duly authorized by the DOH to recruit and screen donors and collect blood. [Sec. 3, RA 7719].

Blood grouping test. The analysis of blood samples of the mother, the child, and the alleged father, (by which) it can be established conclusively that the man is not the father of the child. But (such test) cannot show that a man is the father of a particular child, but at least can show only a possibility that he is. [Jao v. CA, GR L-49162. July 28, 1987].

Blood or blood product. Human blood, processed or unprocessed and includes blood components, its products and derivative. [Sec. 3, RA 7719].

Blood transfusion transmissible diseases. Diseases which may be transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and Syphilis. [Sec. 3, RA 7719].

Blue seal. A blue band used to seal a package of foreign-made, untaxed cigarettes. [Moreno s Law Dict., 2000 Ed., p. 53].

Blue Sunday Law. RA 946 entitled .An Act to prohibit labor on Sunday, Christmas day, New Year's day, Holy Thursday and Good Friday. enacted on June 20, 1953. [Expressly repealed by the Labor Code].

Board. The board of directors or trustees of the [homeowners ] association which has primary authority to manage the affairs of the association. [Sec. 3, RA 9904].

Boarding house. 1. A building where selected persons for fixed periods of time are supplied with, and charged for sleeping accommodations and meals. [Sec. 63, PD 856]. 2. Any house where boarders are accepted for compensation by the week or by the month, and where meals are served to boarders only. [Sec. 1, PD 426]. Compare with Lodging house.

Board of Directors. 1. That body entrusted with the management of the affairs of the cooperative under its articles of cooperation and bylaws. [Sec. 1, RA 9520]. 2. [It] shall include the executive committee or the management of partnership or association. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008].

Board of directors or trustees. The body politic and corporate which exercises the corporate powers of all corporations formed under the Corp. Code, conducts all business, and controls and holds all property of such corporations, the directors or trustees of which are elected from among the holders of stocks, or where there is no stock, from

among the members of the corporation, and are to hold office for 1 year until their successors are elected and qualified. [Claridades, A., Compilation of Notes, 20012006].

Board of Directors/Trustees or Board. The governing body that exercises the corporate powers of a GOCC. [Sec. 3, RA 10149].

Board of election inspectors. A Board in every precinct composed of 3 regular members who shall conduct the voting, counting and recording of votes in the polling place. [Sec. 2, RA 8436].

Board of Investments (BOI). 1. The agency created by RA 5186, known as the Investment Incentives Act. [Sec. 3, RA 6135]. 2. An attached agency of the DTI created under RA 5186, as amended.

BOC. See Bureau of Customs.

Body. 1. Rem. Law. The part of a pleading that sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading. [Sec. 2, Rule 7, RoC]. 2. Stat. Con. It contains the subject matter of the statute. [Suarez, Stat. Con., (1993), p. 46].

Body-building. A job undertaken on a motor vehicle in order to replace its entire body with a new body. [Sec. 2, RA 6539].

Body of the decision or order. [That part of the decision or order

which] merely contains the reasons or conclusions of the court ordering nothing. [PH Credit Corp. v. CA, 421 Phil. 821 (2001); Rosales v. CA, 405 Phil. 638 (2001)]. Compare with Fallo.

BOI. See Board of Investments.

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. [Claridades, A., Compilation of Notes, 2006-2011].

Bolo. A long, heavy Phil. single-edged knife. [Moreno s Law Dict., 2000 Ed., p. 53].

Bona fide. Lat. In good faith or with good faith; without fraud or deceit; genuine. [Tetley, Glossary of Conflict of Laws, 2004].

Bona fide bidder. A registered merchant licensed as manufacturer, producer, regular dealer or service establishment with reputable establishment for at least 3 months prior to the public bidding he intends to participate in. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].

Bona fide intention to cultivate. In Sec. 50 (a) of RA 1199, as amended, (the term) has reference not only to the liability and firm decision of the landowner to mechanize but also to the motive behind his action in seeking the dispossession of his tenants. The "bona fide" requirement necessarily authorizes judicial inquiry into the landowner's motives in deciding to mechanize his operations. [De

Santos v. Acosta, GR L-17564. Jan. 31, 1962].

Bona fide occupant. One who supposes he has a good title and knows of no adverse claim; one who not only honestly supposes himself to be vested with true title but is ignorant that the title is contested by any other person claiming a superior right to it. [Bernardo v. Bernardo, GR L-5872. Nov. 29, 1954].

Bona fide purchaser for value. As used in sales or ordinary contracts, any person who acquires property or negotiable instruments in good faith and for valuable consideration. [Torres, Oblig. & Cont., 2000 Ed., p. 348].

Bond. 1. A written obligation or undertaking that is sufficiently secured. [Evangelista v. CA, GR 41229. Jan. 13, 1992]. 2. A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property. [Glossary of Legal Terms (Pro-Se), 2004].

Bonded warehouse. A facility at a port of entry where shippers can store goods until they clear customs. [Intl. Law Dict. & Direct., 2004].

Bonds. Certificates of debt issued by a company (or government) guaranteeing payment of an original investment plus interest at a specified future date. [Intl. Law Dict. & Direct., 2004].

Bondsman. A surety offered in virtue of a provision of law or of a judicial

order who shall have the qualifications prescribed in Art. 2056 of the Civil Code and in special laws. [Art. 2082, CC].

Bonus. 1. A gratuity or act of liberality of the giver. It is something given in addition to what is ordinarily received by or strictly due the recipient. [It] is granted and paid to an employee for his industry and loyalty which contributed to the success of the employer s business and made possible the realization of profits. [Protacio v. Laya Mananghaya and Co., GR 168654, 25 Mar. 2009]. 2. An amount granted and paid to an employee for his industry and loyalty which contributed to the success of the employer's business and made possible the realization of profits. It is something given in addition to what is ordinarily received by or strictly due to the recipient. [Traders Royal Bank v. NLRC, 189 SCRA 274 (1990) and Luzon Stevedoring v. CIR, 15 SCRA 660 (1965)].

Bonus judex secundum aequum at bonum judicat stricto juri praefert. Lat. A good decides according to justice ands right and prefers equity to strict law. [Pangan v. CA, GR L-39299. Oct. 18, 1988].

Bonus judex secundum sequum. Lat. Deciding according to justice rather than rigid law. [Moreno s Law Dict., 2000 Ed., p. 54].

Bonus pater familias. Lat. Good father of the family. [Claridades, A., Compilation of Notes, 2001-2006].

Bonus shares. Corp. Law. Those issued gratuitously. They are Watered shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].

Boodle money. Money, especially counterfeit money; money accepted as a bribe. [thefreedictionary.com; Nov. 9, 20010; Used in People v. Babanggol, GR 181422, Sept. 15, 2010].

Bookie. A person, who without any license therefor, operates outside the compounds of racing clubs and accepts bets from the public. They pay dividends to winners minus a commission, which is usually 10%. [Lim v. Pacquing, GR 115044. Jan. 27, 1995].

Booking sheet. A record of arrest and a statement on how the arrest is made. It is simply a police report, and it has no probative value as an extrajudicial statement of the person being detained. The signing by the accused of the booking sheet and arrest report is not a part of the custodial investigation which would otherwise require the presence of counsel to ensure the protection of the accused's constitutional rights. [People v. Manzano, GR 86555. Nov. 16, 1993].

Booking. The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest. [Glossary of Legal Terms (Pro-Se), 2004].

Bookkeeping. The art or practice of keeping a systematic record of business transactions, so as to show their relations to each other, and the state of the business in which they occur. [Martin, Commentaries

and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 32].

Book Publishing Industry Development Act. RA 8047 entitled .An Act providing for the development of the book publishing industry through the formulation and implementation of a national book policy and a national book development plan. enacted on June 7, 1995.

Bore. Any well, hole, pipe, or excavation of any kind which is bored, drilled, sunk or made in the ground for the purpose of investigating, prospecting, obtaining, or producing geothermal energy, natural gas and methane gas, or which taps or is likely to tap geothermal energy, natural gas and methane gas and includes any hole in the ground which taps geothermal energy, natural gas and methane gas. [Sec. 2, RA 5092].

Born out of wedlock. Born of parents who were not married at the time of birth. [Duhaime's Legal Dict., 2004].

Borrower. A natural or juridical person, including any LGU, its subsidiaries and affiliates, that applies for and / or avails of a credit facility. [Sec. 3, RA 9510].

Borrowing power of the President. The power of the President to contract or guarantee foreign loans on behalf of the Republic of the Phils., with the prior concurrence of the Monetary Board, and subject to such limitations as

may be provided by law. [Sec. 20, Art. VII, 1987 Consti.].

Borrowing statute. Conf. of Laws. 1. A statute (which) has the practical effect of treating the foreign statute of limitation as one of substance. [Agpalo, Conflict of Laws, p. 6, citing Goodrich, Conflict of Laws 152-153 (1938)]. 2. A (statute which) directs the state of the forum to apply the foreign statute of limitations to the pending claims based on a foreign law. [Ibid., Siegel, Conflicts 183 (1975)].

Bosun. [One who] manages actual deck work schedules and assignments directed by the Chief Officer and emergency duties as indicated in the Station Bill. He attends to maintenance and upkeep of all deck equipment, cargo, riggings, safety equipment and helps in maintaining discipline of the deck hands. He assists in ships emergency drills and in any event of emergency and performs other duties and responsibilities as instructed or as necessary. [Oriental Shipmanagement Co., Inc. v. Bastol, GR 186289. June 29, 2010].

BOT. See Build-Operate-andTransfer.

BOT Scheme. An acronym which stands for build-operate-andtransfer 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 buildand-transfer arrangement. [Sec. 2, RA 6957].

Bottle-feeding. The method of feeding an infant using a bottle with artificial nipples, the contents of which can be any type of fluid. [Sec. 3, RA 10028; Sec. 3, RA 7600].

Bottomry loan. A contract in the nature of a mortgage, by which the owner of a ship borrows money for the use, equipment or repair of the vessel, and for a definite term and pledges the ship as a security of its repayment, with maritime or extraordinary interest on account of the maritime risks to be borne by the lender, it being stipulated that if the ship be lost in the course of the specific voyage, or during the limited time by any of the perils enumerated in the contract, the lender shall also lose his money. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 103, citing Black s Law Dict.].

Boulwareism. Labor. A .take-it-orleave-it. bargaining attitude of the management introduced by L. R. Boulware of Gen. Electric Co. (US). This type of bargaining is expressly prohibited under the law for the parties are required to bargain collectively and in good faith. [Poquiz, Labor Rel. Law, 1999 Ed. p. 179].

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). [Claridades, A., Compilation of Notes, 2006-2011].

Bouncing Check Law. BP 22 entitled .An Act penalizing the making or drawing and issuance of a check without sufficient funds or credit and for other purposes. enacted on Apr. 3, 1979.

Bouncing Check Law violation Elements: (a) The making, drawing and issuance of any check of apply to account or for value; (b) the knowledge of the maker, drawer or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and (c) subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. [People v. Laggui, 171 SCRA 305].

Boundary rivers. Intl. Law. Rivers which divide the territories of states, like the St. Lawrence River between the US and Canada. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61].

Boundary system. 1. The prevalent, persistent and accepted mode or contractual relationship between operators and drivers of public utilities providing land transportation services, particularly mini-buses, jeepneys and taxis. [.Whereas. clause, LOI 853]. 2. An employeremployee relationship existing between a jeepney-owner and a driver (under which) the driver does not receive a fixed wage but gets only the excess of the amount of fares collected by him over the amount he pays to the jeep-owner, and the gasoline consumed by the jeeps is for the account of the

driver. [Magboo v. Bernardo, GR L16790. Apr. 30, 1963].

Boycott. Any activity on the part of a labor organization whereby it is sought through concerted action, other than by reason of lawful competition, to obtain withdrawal of public patronage from one in business. [Burke v. Adams Dairy, 352 US 969].

Branch. Unit or part of a company. It is not separately incorporated. [Intl. Law Dict. & Direct., 2004].

Branch and subdivision of the government. Admin. Law. Under Art IX (B) of the 1987 Consti. And Sec. 2 of the Rev. Admin. Code, the corporate entity through which the functions of the govt. are exercised, whether pertaining to the central govt. or to the provincial or municipal branches or other forms of local government. [Moreno s Law Dict., 2000 Ed., p. 54].

Brand name. The proprietary name given by the manufacturer to distinguish its product from those of competitors. [Sec. 3, RA 6675].

Braza. Sp. 1. About 2 yards. [US v. Ramos, GR 10832. Dec. 11, 1916]. 2. Equal to 1.6718 meters. [People v. Panaligan, GR L-17603. Mar., 1922].

Breach. The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any

condition of a contract. [Glossary of Legal Terms (Pro-Se), 2004].

Breach of contract. 1. The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract. [Duhaime's Legal Dict., 2004]. 2. An unjustified failure to perform when performance is due. [Glossary of Legal Terms (Pro-Se), 2004].

Breach of faith. Violation of the reciprocity between the parties to an agreement. [Raquel-Santos v. CA, GR 174986, July 7, 2009].

Breach of promise to marry. Generally, a breach of promise to marry per se is not actionable, except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. The award of moral damages is allowed in cases specified in or analogous to those provided in Art. 2219 of the Civil Code and under Art. 21 of said Code, in relation to par. 10 of said Art. 2219. [Buag v. CA, GR 101749. July 10, 1992].

Breach of trust. 1. Comm. Law. Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. [Duhaime's Legal Dict., 2004]. 2. Labor. The violation by the employee of the trust and confidence reposed in him by his employer or duly authorized representative. [laborlaw.usclaw.org; July 26, 2011].

Breakthrough Results. The achievement of corporate goals or other performance indicators as determined by the GOCC or its

supervising department. [Sec. 3, RA 10149].

Breastfeeding. The method of feeding an infant directly from the human breast. [Sec. 3, RA 10028; Sec. 3, RA 7600].

Breastmilk. The human milk from a mother. [Sec. 3, RA 10028; Sec. 3, RA 7600].

Breastmilk substitute. Any food being marketed or otherwise represented as a partial or total replacement for breastmilk, whether or not suitable for that purpose. [Sec. 3, RA 10028; Sec.4, EO 51, Oct. 20, 1986].

Brevi manu, traditio. See Traditio brevi manu.

Brief. Rem. Law. 1. The word is derived from the Latin word brevis and literally means a short or condensed statement. It is the vehicle of counsel to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law he should have applied, and the application he desires made of it by the court. [Casilan v. Chavez, GR L17334. Feb. 28, 1962, citing Comments on the Rules of Court, Vol. 1, 1957 Ed., p. 711]. 2. A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a Memorandum of law. [Glossary of Legal Terms (Pro-Se), 2004].

Brief. Rem. Law. Purpose: To present the court in coherent and concise form the point and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. [Phil. Coconut Authority v. Corona Intl., Inc., 395 Phil. 742, 750 (2000)].

Brief substitution. The substitution of 2 or more persons for one heir. [Art. 860, CC].

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. Essential elements: (a) that there are at least 4 persons in the gang; (b) that each and everyone of them is armed; and (c) that the purpose for which the offenders have grouped together is to commit robbery in the highway or to kidnap persons for extortion or ransom or for any other purpose to be attained by force or violence. [Moreno s Law Dict., 2000 Ed., p. 55]. See Highway robbery.

Brigands. Also Highway robbers. More than 3 armed persons who form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence. [Art. 306, RPC].

Broadcast. To make public, by any means, a visual image with the

intent that it be viewed by a person or persons. [Sec. 3, RA 9995].

Broadcasting. The transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also Broadcasting where the means for decrypting are provided to the public by the broadcasting organization or with its consent. [Sec. 202, RA 8293].

Broadcasting organization. A natural person or a juridical entity duly authorized to engage in broadcasting. [Sec. 202, RA 8293].

Broker. 1. A person engaged in the business of buying and selling securities for the account of others. [Sec. 3, RA 8799]. 2. One who is engaged, for others, on a commission, negotiating contracts relative to property with the custody of which he has no concern; the negotiator between other parties, never acting in his own name, but in the name of those who employed him; he is strictly a middleman and for some purposes the agent of both parties. [Kuenzle & Streiff v. Comm. of Int. Rev., GR L-17648, Oct. 31, 1964].

Bronchogenic carcinoma. 1. Cancer of the lungs. [Jimenez v. ECC, GR L-58176. Mar. 23, 1984]. 2. The commonest primary malignant tumor of the lung and it is rapidly fatal if untreated. It is predominantly a disease of the male sex, about 90% of all tumors occurring in men. In this sex, it is

the commonest cause of death from cancer. [Latagan v. ECC. GR 55741. Sep. 11, 1992].

Browser. Computer software program for accessing and viewing the World Wide Web. [Intl. Law Dict. & Direct., 2004].

Bruha. Tag. A vernacular word meaning witch. [Moreno s Law Dict., 2000 Ed., p. 56].

BSP. See Bangko Sentral ng Pilipinas.

BSP Monetary Board. See Monetary Board.

Buang. Vis. 1. Foolish or stupid. [Montecillo v. Gica, GR L-36800. Oct. 21, 1974]. 2. Insane. [People v. Havana. GR 68033. July 31, 1991].

Buangon. Vis. Mentally defective. [People v. Canillo, GR 106579. Aug. 30, 1994].

Budget. A financial plan required to be prepared pursuant to Sec. 16 (1) , Art. VIII of the Consti., reflective of national objectives, strategies and programs. [Sec. 2, Chap. 1, Book VI, EO 292].

Budget accountability. The fourth phase (in the govt. budgeting process which) refers to the evaluation of actual performance and initially approved work targets, obligations incurred, personnel hired and work accomplished are compared with the targets set at the

time the agency budgets were approved. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991].

Budgetary power of the President. The power of the President to submit to the Congress within 30 days from the opening of the regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. [Sec. 22, Art. VII, 1987 Consti.].

Budget document. The instruments used by the budget-making authority to present a comprehensive financial program to the appropriating body. [Sec. 14, PD 477].

Budget execution. Tasked on the Executive, the third phase of the budget process (which) covers the various operational aspects of budgeting. The establishment of obligation authority ceilings, the evaluation of work and financial plans for individual activities, the continuing review of govt. fiscal position, the regulation of funds releases, the implementation of cash payment schedules, and other related activities comprise this phase of the budget cycle. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991].

Budgeting process. Steps: The govt. budgeting process consists of 4 major phases: (a) budget preparation; (b) legislative authorization; (c) budget execution; and (d) budget accountability. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991].

Budget preparation. The first step

(in the govt. budgeting process

which) is essentially tasked upon the Executive Branch and covers the estimation of govt. revenues, the determination of budgetary priorities and activities within the constraints imposed by available revenues and by borrowing limits, and the translation of desired priorities and activities into expenditure levels. (It) starts with the budget call issued by the DBM. Each agency is required to submit agency budget estimates in line with the requirements consistent with the general ceilings set by the Development Budget Coordinating Council (DBCC). [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991].

Buffer fund. A contingent fund in the budget of the implementing agency which shall not be used in its normal or regular operations but only for purposes provided for in RA 7581. [Sec. 3, RA 7581].

Buffer zones. Identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Sec. 8 of RA 7586 that need special development control in order to avoid or minimize harm to the protected area. [Sec. 4, RA 7586].

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 govt. agency or LGU concerned, which shall pay the proponent on an agreed schedule its total investments expended on the project, plus a reasonable rate of return thereon. This arrangement may be employed in the construction of any infrastructure or development project, including critical facilities which, for security or strategic reasons, must be operated directly by the

Government. [Sec. 2, RA 7718; Sec. 2, RA 6957].

Builder in bad faith. A builder who builds knowing that the land does not belong to him and he has no right to build thereon. [Moreno s Law Dict., 2000 Ed., p. 57].

Builder in good faith. One who is unaware of any flaw in his title to the land at the time he builds on it. [Bishop v. CA, GR 86787. May 8, 1992].

Building. A generic term for all architectural work with roof, built for the purpose of being used as a man s dwelling, or for offices, clubs, theaters, etc. A warehouse is not a building. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 107, citing Phil. Sugar Estate Devt. V. Poizat, 48 Phil. 536].

Build-lease-and-transfer. A contractual arrangement whereby a project proponent is authorized to finance and construct an infrastructure or development facility and upon its completion turns it over to the govt. agency or LGU concerned on a lease arrangement for a fixed period after which ownership of the facility is automatically transferred to the govt. agency or LGU concerned. [Sec. 2, RA 7718].

Build-operate-and-transfer. A contractual arrangement whereby

the project proponent undertakes the construction, including financing, of a given infrastructure facility, and the operation and maintenance thereof. The project proponent operates the facility over the fixed term during which it is allowed to charge facility users appropriate tools, fees, rentals, and charges not exceeding those proposed in its bid or as negotiated and incorporated in the contract to enable the project proponent to recover its investment, and operating and maintenance expenses in the project. The project proponent transfers the facility to the govt. agency or LGU concerned at the end of the fixed term which shall not exceed 50 years: Provided, That in case of an infrastructure or development facility whose operation requires a public utility franchise, the proponent must be Filipino or, if a corporation, must be duly registered with the SEC and owned up to at least 60% by Filipinos. [Sec. 2, RA 7718; Sec. 2, RA 6957].

Build-Operate-and-Transfer Law. RA 6957 entitled .An Act authorizing the financing, construction, operation and maintenance of infrastructure projects by the private sector, and for the other purposes. enacted on July 9, 1990.

Build-own-and-operate. A contractual arrangement whereby a project proponent is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the proponent is allowed to recover its total investment, operating and maintenance costs plus a reasonable return thereon by collecting tolls, fees, rentals or other charges from facility users. [Sec. 2, RA 7718].

Build-transfer-and-operate. A

contractual arrangement whereby the public sector contracts out the building of an infrastructure facility to a private entity such that the contractor builds the facility on a turn-key basis, assuming cost overrun, delay, and specified performance risks. [Sec. 2, RA 7718].

Bulimia nervosa. A disorder characterized by repeated episodes of binge eating followed by purging (self-induced vomiting or taking laxatives, diuretics, or both), rigorous dieting or excessive exercising to counteract the effects of bingeing. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Anorexia nervosa.

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 HLURBapproved 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)

Bulkhead. Structure serving to divide land and water areas. [Sec. 4 (g), RA 7621].

Bulkhead line. The limiting line beyond which no bulkheads or solid fill may be extended. [Sec. 3, RA 4663].

Bulk sale. Also Sale in bulk. 1. A sale is considered to be in bulk: (a) when the sale, transfer or disposition is other than in the ordinary course; (b) when the sale is of all or substantially all of the business; and (c) when the sale is of all or substantially all of the fixtures and equipment. [Suggested answer to Bar 1947; 1958, cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 18]. 2. The acquisition of all or a greater part of stock and fixtures of a business in a manner other than in the ordinary course of its business. [Torres, Oblig. & Cont., 2000 Ed., p. 348].

Bulk Sales Law. Act 3952, as amended by RA 111, which regulates the sale, transfer, mortgage or assignment of goods, wares, merchandise, provisions or materials, in bulk. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 18].

Bum check. A worthless check or a check that is dishonored upon its presentment for payment. [People v. Laggui, GR 76262-63. Mar. 16, 1989].

Bumping-off. Refusal to carry or transport a passenger. [Lufthansa German Airlines v. CA GR 83612. Nov. 24, 1994].

Bumubuwis. Tag. Lessee. [Moreno s Law Dict., 2000 Ed., p. 58].

Burden of evidence. Logical necessity on a party during a particular time of the trial to create a prima facie case in his favor or to destroy that created against him by presenting evidence. [Claridades, A., Compilation of Notes, 2001-2006].

Burden of proof. 1. A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed. [Duhaime's Legal Dict., 2004]. 2. In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. [Glossary of Legal Terms (Pro-Se), 2004].

Bureau. Any principal subdivision or unit of any department. This shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices. [Sec. 2, Admin. Code of 1987].

Bureau of Customs (BOC). A bureau of the DOF specifically mandated to 1) assess and collect lawful revenues; 2) prevent smuggling and other frauds; 3) control vessels and aircrafts engaged in foreign trade; 4) enforce tariff and customs laws; 5) control the handling of foreign mails for revenues and prevention purposes; 6) control import and export cargoes; and lastly, 6)it is given jurisdiction over forfeiture and seizure cases. [Claridades, A., Compilation of Notes, 2006-2011].

Bureau of Internal Revenue (BIR). An attached agency of the DOF which collects more than 1/2 of the total revenues of the Phil. government. [Claridades, A., Compilation of Notes, 2006-2011].

Burglary. The act of illegal entry with the intent to steal. [Glossary of Legal Terms (Pro-Se), 2004].

Burial. Interment of remains in a grave, tomb or the sea. [Sec. 89, PD 856].

Burial grounds. Cemetery, memorial park of any place duly authorized by law for permanent disposal of the dead. [Sec. 89, PD 856].

Burning one's own property as means to commit arson. Crim. Law. The felony committed by any person guilty of arson or causing great destruction of the property belonging to another, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime. [Art. 325, RPC].

Bus. A motor vehicle of any configuration with gross vehicle weight of 4.0 tons or more with any number of wheels and axles, which is generally accepted and specially designed for mass or public transportation. [RA 9224].

Business. Trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit. [Sec. 131, RA 7160].

Business agent. Also Agente de negocios. All persons who act as agent of others in the transaction of business with any public officer, as well as those who conduct collecting, advertising, employment, or private detective agencies. [Sec. 1, PD 426].

Business enterprise. Industrial, agricultural, or agro-industrial establishments engaged in the production manufacturing, processing, repacking, or assembly of goods, including service-oriented enterprises, duly certified as such by appropriate govt. agencies. [Sec. 4, RA 6971].

Business goodwill. The advantage acquired by any product or services because of general encouragement and patronage of the public. This is generated when the client-public regard favorably the product or services turned out by the business concern. [Moreno s Law Dict., 2000 Ed., p. 59]. See also Company goodwill and Goodwill.

Business income. The earnings or profits made by companies. [Intl. Law Dict. & Direct., 2004].

Business Name Law. Act 3883 entitled .An Act to regulate the use in business transactions of names other than true names, prescribing the duties of the Director of the Bureau of Commerce and Industry in its enforcement, providing penalties for violation thereof, and for other purposes. enacted on Nov. 14, 1931.

Business tax. A tax imposed by the municipality on business, under Art. 143 of RA 7160 or the Local Govt.

Code of 1991. [Claridades, A., Compilation of Notes, 2001-2006].

Butterfly. Butterfly-shaped pyrotechnic device designed to lift above ground while providing light. [Sec. 2. A. (10), RA 7183].

Buwisan. Tag. Tract of land (especially rice land) leased under a cropsharer. [Magno-Adamos v. Bagasao, GR L-63671. June 28, 1988, citing Panganiban Diksyunaryo Tesauro Pilipino-Ingles, p. 207].

Buy and purchase. Any contract to buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot, including the building and other improvements, if any, in a subdivision project or a condominium unit in a condominium project. [Sec. 2, PD 957].

Buy and sell. The transaction whereby one purchases used secondhand articles for the purpose of resale to third persons. [IRR, Sec. 6, PD 1612].

Buy-bust operation. 1. A form of entrapment employed by peace officers to catch a malefactor in flagrante delicto. 2. The employment of such ways and means for the purpose of trapping or capturing a law breaker. [People v. Yumang, GR 94977. May 17, 1993]. 3. A common and accepted mode of apprehending those involved in illegal sale of prohibited or regulated drugs. It has been proven to be an effective way of unveiling the identities of drug dealers and of luring them out of obscurity. [People v. Cabugatan, GR 172019, 12 Feb. 2007, 515 SCRA 537, 547].

Buyer. Anyone who purchases anything for money. [Tejada v. Homestead Property Corp. GR 79622. Sep. 29, 1989].

Buyer in good faith and for value. See Purchaser in good faith and for value.

By-bidding. See Puffing.

By force, intimidation, threat, strategy or stealth. They include every situation or condition under which one person can wrongfully enter upon real property and exclude another, who has had prior possession therefrom. [David v. Cordova, GR 152992, July 28, 2005, 464 SCRA 384].

By-laws or bylaws. Corp. Law. 1. The rules of action adopted by a corporation for its internal govt. and for the regulation of conduct which prescribe the rights and duties of its stockholders or members towards itself and among themselves in reference to the management of its affairs. [Claridades, A., Compilation of Notes, 2001-2006]. 2. Rules or laws adopted by an association or corporation to govern its actions. [Glossary of Legal Terms (Pro-Se), 2004].

By-product or derivatives. 1. Any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens. [Sec. 5, RA 9147]. 2. Any part taken or substance extracted from wildlife, in raw or in processed form including

stuffed animals and herbarium specimens. [Rules of Procedure for Environmental Cases, AM 09-6-8SC, Apr. 29, 2010].

Bystander rule. Labor. The rule that a certification election is the sole concern of the workers and the employer is regarded as nothing more than a bystander with no right to interfere at all in the election. The only exception here is where the employer has to file a petition for certification election pursuant to Art. 258 of the Labor Code because it is requested to bargain collectively. [Phil. Fruits and Vegetable Ind., Inc. v. Torres, GR 92391. July 3, 1992].

- C -

C & F. See Cost and freight.

CA. Court of Appeals.

CAAP. Civil Aviation Authority of the Phils. created pursuant to the provisions of this RA 9497.

Cabalieriza. A stable; a horse shed. [Moreno s Law Dict., 2000 Ed., p. 61].

Cabaret or dance hall. Any place or establishment where dance is permitted to the public in consideration of any admission, entrance, or any other fee paid on, before or after the dancing, and where professional hostesses or dancers are employed. [Sec. 1, PD 426].

Cabo. 1. A person or group or persons or to a labor group which, in the guise of a labor organization, supplies workers to an employer, with or without any monetary or other consideration whether in the capacity of an agent of the employer or as an ostensible independent contractor. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A collector of bets from other collectors relative to the game of jueteng. [Moreno s Law Dict., 2000 Ed., p. 61]. 3. Labor contractor. [Ibid.].

Cadastral proceeding. A land registration proceeding instituted by the govt. which does not assert ownership over the land but merely provokes the issue for the

settlement and adjudication of power. [Claridades, A., Compilation of Notes, 2001-2006].

Cadastral survey. A numerical survey to which the entire area of the municipality is subjected and which results in the preparation of complete survey returns and technical descriptions of individual lots necessary for registration purposes. [Dir. of Lands v. Sec. of ENR, GR 79684. Feb. 19, 1991]. Compare with Mapping projects.

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. [Claridades, A., Compilation of Notes, 2006-2011].

Cadet. In maritime parlance, a trainee working to gain a merchant marine license (e.g., for third mate). [Moreno s Law Dict., 2000 Ed., p. 62].

Cadet room. A plain room in a ship to accommodate a cadet or trainee working for a merchant marine license, furnished with simple facilities. [Moreno s Law Dict., 2000 Ed., p. 62].

Caduciary rights. Conf. of Laws. 1. The right of the state to claim through escheat proceedings the properties of decedents who are not survived by any heirs. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. 2. The claims of the sovereign or other public authority of a country in which the deceased s property is situated to that property on failure of all persons entitled to

claim under the appropriate law. [Ibid., citing Graveson, Conflict of Laws, p. 324].

Calendar. A list of cases scheduled for hearing in court. [Glossary of Legal Terms (Pro-Se), 2004].

Calendar year. It shall cover the period from Jan. 1 to Dec. 31. [Sec. 1, EO 206, June 30, 1987]. Compare with Fiscal year.

Calibrated preemptive response (CPR). A catchphrase 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 v. Ermita, GR 169838, Apr. 25, 2006].

Calvo clause. Intl. Law. A stipulation by virtue of which an alien waives or restricts his right to appeal to his own state in connection with any claim arising from a contract with a foreign state and limits himself to the remedies available under the laws of that state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 110].

Camino vecinal. Sp. A municipal road (and) also property for public use. [Sps. Pilapil v. CA, GR 97619. Nov. 26, 1992].

Camison. Sp. Underwear. [People v. Gamao, GR L-19347. Feb. 27, 1968].

Camison de bao. Sp. A chemise. [Moreno s Law Dict., 2000 Ed., p. 62].

Campaign. A connected series of operations to bring about some desired result. [Gonzales v. Comelec, GR L-27833. Apr. 18, 1969].

Cancellation. It includes the act of tearing, erasing, obliterating, or burning. It is not limited to writing the word .cancelled., or .paid., or drawing of criss-cross lines across the instrument. It may be made by any other means by which the intention to cancel the instrument may be evident. [Claridades, A., Compilation of Notes, 2001-2006].

Cancellation proceeding. The process leading to the revocation of the registration certificate of a labor organization after due process. [Sec. 1, Rule 1, Book 5, IRR of LC].

Cancelled plan. A plan that can no longer be reinstated by reason of delinquency in the payment of installments for more than 2 years or a longer period as provided in the contract, counted from the expiry of the grace period provided for in the plan or contract. [Sec. 4, RA 9829].

Cancer. Derived from the Latin word Cancer which means Crab; in the medical sense, it refers to a malignant, usually fatal, tumor or growth. [Vda. De Laron v. WCC, GR L-43344. Sep. 29, 1976, citing Schmidt's Atty. s Dict. of Med., 1965 Sup. 143].

Candela. The base unit of luminous intensity which is the luminous

intensity, in the perpendicular direction, of a surface of 1 / 600 000 square metre of a blackbody at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre. [Sec. 4, BP 8].

Candidate. Pol. Law. A person who actually submits himself and is voted for at our election. [Santos v. Miranda, 35 Phil. 643, 648 (1916) citing State v. Hirsch, 125 Ind., 207; 9 L.R.A. 107; Moreno, Phil. Law Dict., 1972 2nd Ed., p. 84)

Cannabis. Commonly known as Marijuana or Indian Hemp or by its any other name. The term embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever. [Sec 3, RA 9165].

Canon law. The law of the Christian Church. Has little or no legal effect today. Canon law refers to that body of law which has been set by the Christian Church and which, in virtually all places, is not binding upon citizens and has virtually no recognition in the judicial system. [Duhaime's Legal Dict., 2004]. Also known as Ecclesiastical law.

Canopy or marquee. A permanent roofed structure above a door attached to and supported by the building and projecting over a wall or sidewalk. This includes any object or decoration attached thereto.

[Sec. 1203, PD 1096].

Canvass proceedings. The consolidation of precinct election results for the Offices of the President and Vice President at the municipal, city, or district level; district election results at the municipal or city level; municipal or city election results at the provincial level; and provincial election results at the national level, specifically Congress, including the formal proclamation of the winners in the elections. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010].

Canvass, sealed. One offer is received by official in a sealed like. [IRR on Supply per Sec. 383, LGC].

wherein an the authorized envelope or the & Prop. Mgt.,

Capability building. The process of enhancing the viability and sustainability of micro finance institutions through activities that include training in micro finance technologies, upgrading of accounting and auditing systems, technical assistance for the installation or improvement of management information systems, monitoring of loans and other related activities. [Sec. 3, RA 8425].

Capable of pecuniary estimation. [Where the claim] is primarily for the recovery of a sum of money. [Raymundo v. CA, 213 SCRA 457 (1992)]. Compare with Incapable of pecuniary estimation.

Capacity. 1. Under the law, the ability of a person to take a recognized legal action. Also, it is the natural power or competency to perform an act, as capacity to contract, etc. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. 2. A legal qualification (e.g., age) that determines if one is capable, under the law, of entering into a legal relationship, for instance, entering into a binding contract. [Tetley, Glossary of Conflict of Laws, 2004]. 3. A combination of all strengths and resources available within a community, society or organization that can reduce the level of risk, or effects of a disaster. Capacity may include infrastructure and physical means, institutions, societal coping abilities, as well as human knowledge, skills and collective attributes such as social relationships, leadership and management. Capacity may also be described as capability. [Sec. 3, RA 10121].

Capacity to act. The power to do acts with legal effect. [Art. 37, CC]. Compare with Juridical capacity.

Capacity to sue. See Legal capacity to sue.

Capataz. Sp. Supervisor of the hacienda. [Moreno s Law Dict., 2000 Ed., p. 62].

Capias ad satisfaciendum. Lat. That you take to satisfy. At common law, the writ through which money judgments arising from actions for the recovery of a debt or for damages from breach of a contract could be enforced against the person or body of the debtor. By means of this writ, a debtor could be seized and imprisoned at the

instance of the creditor until he makes the satisfaction awarded. [Lozano v. Martinez, GR L-63419. Dec. 18, 1986].

Capital. Corp. Law. 1. A fund or property existing at one distinct point in time while income denotes a flow of wealth during a definite period of time. [See Madrigal v. Rafferty, 38 Phil. 414, 418-419 (1918).]. 2. It is used broadly to indicate the entire property or assets of the corporation. It includes the amount invested by the stockholders plus the undistributed earnings less losses and expenses. In the strict sense, the term refers to that portion of the net assets paid by the stockholders as consideration for the shares issued to them which is utilized for the prosecution of the business of the corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 54]. Compare with Capital stock and Legal capital.

Capital asset. Property held by the taxpayer (whether or not connected with his trade or business), but does not include a) stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year; or b) property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; or c) property used in the trade or business of a character which is subject to the allowance for depreciation provided in subsection (F) of Sec. 34 of the

NIRC; or d) real property used in trade or business of the taxpayer. [www.bir.gov.ph; Dec. 24, 2010].

Capital assets. Property held by the taxpayer (whether or not connected with his trade or business), but does not include stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business, or property used in the trade or business, of a character which is subject to the allowance for depreciation; or real property used in trade or business of the taxpayer. [Sec. 39, NIRC, as amended].

Capital expenditures. See Capital outlays.

Capital gains. Increases in the value of capital or other long-term investments. [Intl. Law Dict. & Direct., 2004].

Capital gains tax (CGT). A tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital assets located in the Phils., including pacto de retro sales and other forms of conditional sale. [www.bir.gov.ph; Dec. 24, 2010].

Capital investment. The capital which a person employs in any undertaking, or which he contributes to the capital of a partnership, corporation, or any other juridical entity or association in a particular taxing jurisdiction. [Sec. 131, RA 7160].

Capitalist. See Financier.

Capitalist partner. The partner who contributes money or property to the partnership. [Suarez, Intro. to Law, 1995, 3rd Ed., p. 120]. Compare with Industrial partner.

Capitalization. 1. Paid-up capital, in the case of a corporation, and total invested capital, in the case of a partnership or single proprietorship. [IRR, RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. 2. That which represents the total amount of the various securities issued by a corporation. It may include bonds, debentures, preferred and common stock and surplus. [Luzon Polymers Corp. v. Clave, GR L-51009. June 10, 1992, citing Black's Law Dict., 5th Ed., p. 190].

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. 4, Rule 114, RoC].

Capital outlays. Also Capital expenditures. 1. An appropriation for the purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of the Government, including investments in the capital of GOCCs and their subsidiaries. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. The purchase of goods and services of a lifeexpectancy extending beyond the fiscal year and which add to the assets of the local govt. concerned,

except furniture and normal govt. operations. [Sec. 14, PD 477].

Capital punishment. The most severe of all sentences: that of death. [Duhaime's Legal Dict., 2004]. Also known as the Death penalty.

Capital stock. Corp. Law. The amount fixed in the articles of incorporation to be subscribed and paid in or agreed to be paid in by the shareholders of a corporation in money, property, services, or other means, at the organization of the corporation or afterwards and upon which it is to conduct its business, such contributions being made either directly through stock subscription or indirectly through the declaration of stock dividends. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 52]. Compare with Capital.

Capitation. A payment mechanism where a fixed rate, whether per person, family, household or group, is negotiated with a health care provider who shall be responsible in delivering or arranging for the delivery of health services required by the covered person under the conditions of a health care provider contract. [Sec. 1, RA 9241].

Capitation or poll taxes. Taxes of a fixed amount upon all persons, or upon all the persons of a certain class, resident within a specified territory, without regard to their property or the occupations in which they may be engaged. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 66-67].

Capitulation. Intl. Law. The surrender of military troops, forts or

districts in accordance with the rules of military honor. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144].

Captain-of-the-ship doctrine. The doctrine under which a surgeon is likened to a captain of the ship in that it is duty to control everything going on in the operating room. [Ramos v. CA, GR 124354, Apr. 11, 2002].

Caption. 1. The part of a pleading that sets forth the name of the court, the title of the action, and the docket number if assigned. [Sec. 1, Rule 7, RoC]. 2. Heading or introductory party of a pleading. [Glossary of Legal Terms (Pro-Se), 2004].

Captive-breeding, culture or propagation. The process of producing individuals under controlled conditions or with human interventions. [Sec. 5, RA 9147].

Captive market. Electricity endusers who do not have the choice of a supplier of electricity, as may be determined by the Energy Regulatory Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136].

Capture. With respect to an image, to videotape, photograph, film, record by any means, or broadcast. [Sec. 3, RA 9995].

CAR. See Certificate Authorizing Registration.

Caram rule. Under the 1935 Consti., those born in the Phils. of foreign

parent, who before the adoption of the Consti. had been elected to public office in the Phils., are considered Filipino citizens. [Claridades, A., Compilation of Notes, 2006-2011].

Cardiac tamponade. Mechanical compression of the heart by large amounts of fluid or blood within the pericardial space that limits the normal range of motion and function of the heart. [People v. Tena, GR 100909. Oct. 21, 1992, citing Webster's 3rd New Intl. Dict.].

Care. The proper use and maintenance of supplies or property; the act of giving attention, interest and safety to supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].

Career Executive Service (CES). The third level or the managerial class in the group of career positions in the Phil. civil service. It was created by PD 1 to "form a continuing pool of well-selected and development-oriented career administrators who shall provide competent and faithful service." It is also a public personnel system program but separate from the program for the first 2 levels of positions in the Phil. civil service. [www.cesboard.gov.ph Nov. 9, 2010].

Career Executive Service Board (CESB). The governing body of the CES. It is mandated to promulgate rules standards and procedures on the selection, classification, compensation and career development of members of the CES. [cesboard.gov.ph Nov. 9, 2010].

Career Executive Service Officers (CESOs). [Persons] appointed to ranks and only assigned to CES positions. As such, they can be reassigned or transferred from one CES position to another and from one office to another but not oftener than once every 2 years. [www.cesboard.gov.ph Nov. 9, 2010].

Cargo. 1. The entire lading of the ship which carries it and includes all goods, wares, merchandise, effects, and indeed everything of every kind or description, found on board, except such things as are used or intended for use in connection with the management or direction of the vessel, and are not intended for delivery at any port of call, and except also, perhaps, passengers or immigrants and their baggage. [US v. Steamship Rubi, GR 9235. Nov. 17, 1915]. 2. All goods, wares, and merchandise aboard ship which do not form part of the ship's stores. [US v. Steamship Islas Filipinas (28 Phil. 291), citing Sec. 77 of Act 355].

Cargo handling equipment. Any machinery, gear or equipment used by the ship operator or a duly authorized and licensed port operator to service or handle cargo, on board the vessel at the port or in the terminal or container yard such as, but not limited to cranes, forklifts, top lifts, stackers, tractor heads, containers, pallet boards and the like, including all spare parts, replacement parts, appurtenances accessories, articles, supplies and

materials thereof. [Sec. 3, RA 9295].

Cargo sales agent. Any person who does not directly operate an aircraft for the purpose of engaging in air transportation or air commerce and not a bonafide employee of an air carrier, who, as principal or agent, sells or offers for sale any air transportation of cargo, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts or arranges for, such air transportation of cargo. [Sec. 1, PD 1462].

Carinderia. 1. Any public eating place where foods already cooked are served at a price. [Sec. 1, PD 426]. 2. A modest cafeteria. [Dentech Mfg. Corp. v. NLRC, GR 81477. Apr. 19, 1989].

Carnal knowledge. The act of a man having sexual bodily connections with a woman; sexual intercourse. [People v. Alib, GR 100232. May 24, 1993, citing Black's Law Dict., 5th Ed., 193].

Carnapping. The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. [Sec. 2, RA 6539].

Carnapping. Elements: 1. That there is an actual taking of the vehicle; 2. That the offender intends to gain from the taking of the vehicle; 3. That the vehicle belongs to a person other than the offender himself; 4. That the taking is without the consent of the owner thereof; or that the taking was committed by

means of violence against or intimidation of persons, or by using force upon things. [People v. Roxas, GR 172604, Aug. 17, 2010].

CARL. See Comprehensive Agrarian Reform Law.

CARP. See Comprehensive Agrarian Reform Program.

Carriage of Goods by Sea Act (COGSA). US Public Act 521 which was made applicable to all contracts for the carriage of goods by sea to and from Phil. ports in foreign trade by CA 65, enacted on Oct. 22, 1936. [Sea-Land Service v. IAC, GR 75118. Aug. 31, 1987].

Carriage or transportation contract. A contract whereby a person, natural or juridical, obligates to transport persons, goods, or both, from one place to another, by land, air or water, for a price or compensation. It is a relationship which is imbued with public interest. [Claridades, A., Compilation of Notes, 2001-2006].

Carrier. Any sort or craft or other artificial contrivance used, capable of being used as means of transportation in land, water or air. [Sec. 2, PD 1433].

Carrying capacity. The capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation. [Sec. 3, RA 7942].

Carrying on business. (Pursuing) the occupation or employment as a livelihood or source of profit and it must be a series of acts rather than the doing of a single act pertaining to the particular business. [Moreno s Law Dict., 2000 Ed., p. 63].

Cartel. Intl. Law. 1. An agreement to regulate intercourse during war on such matters as postal and telegraphic communication, the reception of flags of truce, and the exchange of prisoners. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142]. 2. A combination of independent business firms organized to regulate the production, pricing and marketing of goods by its members. [Intl. Law Dict. & Direct., 2004].

Cartelization. Any agreement, combination or concerted action by refiners, importers and / or dealers, or their representatives, to fix prices, restrict outputs or divide markets, either by products or by areas, or allocate markets, either by products or by areas, in restraint of trade or free competition, including any contractual stipulation which prescribes pricing levels and profit margins. [Sec. 11, RA 8479].

Cartel ship. Intl. Law. A vessel sailing under a safe conduct for the purpose of carrying prisoners of war. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142].

Cartographic sketch. Unlike a photograph, [it] is only intended to give the law enforcers a general idea of the likeness of a suspect and is never expected to exactly resemble his actual facial appearance. Even the description of the suspect given in the cartographic sketch may not be unerringly exact. [People v. Lee Hoi Ming, 459 Phil. 187, 194 (2003)].

Case. The claims of a litigant brought before the court for determination by such regular proceedings as are established by law or custom for the protection or enforcement of rights, or the prevention, redress or punishment of wrongs. [Moreno s Law Dict., 2000 Ed., p. 63].

Case Administration System. The system in which pleadings, letters, resolutions, decisions, entry of judgment, and all the relevant information regarding any particular case identified by a G.R. number or a UDK number shall be encoded. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010].

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. [Claridades, A., Compilation of Notes, 2006-2011].

Case at bench. The case being heard before an appellate court. [Claridades, A., Compilation of Notes, 2006-2011].

Case law. 1. The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society. The word jurisprudence has become synonymous for case law. [Duhaime's Legal Dict., 2004]. 2.