81024181 My Own Legal Dictionary 2

1http://www.geocities.com/albinoski

- A Abandon. It means, in its ordinary sense, to forsake entirely; to forsake or renounce utterly. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968]. Abandoned child. A child who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (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 three (3) years immediately prior to the receipt of notice of acquisition by the government 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 five years prior to such notice of

expropriation. 3844].

[Sec.

166,

RA

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 seven years of age, the custody of which is incumbent upon him. [Art. 276, RPC]. 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. Elements: (a) The failure to report for work or absence without valid or justifiable reason, and (b) a clear intention to sever the employeremployee 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

2(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 seven years of age, shall fail to deliver said child to the authorities or to


3his 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 L19565. 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]. Abatement. A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. [Duhaime's Legal Dict., 2004]. Abatement of action. A suit which has been quashed and ended. [Jurists Legal Dict., 2004]. Abatement of a fire hazard. Any act that would remove or neutralize a fire hazard. [Sec. 3, PD 1185]. 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.


4Aberratio 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. [Morenos Law Dict., 2000 Ed., p. 2]. Ab inconveniente. From hardship, from what is inconvenient. [Claridades, A., Compilation of Notes, 20012006]. Ab initio. Lat. From the start (or beginning). [Duhaime's Legal Dict., 2004]. Abogado. Sp. Lawyer or attorney- at-law. That class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. [Cui v. Cui, GR L-18727. 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.


5Crim. 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]. About. Near in time, quantity, number, quality or degree. Substantially, approximately, almost, or nearly. [Morenos 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. [Morenos 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. 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]. Absentee voters, national registry of. The consolidated list prepared, approved and maintained by the Commission on Election (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 Philippines abroad exercise their right to vote. [Sec. 3, RA 9189].


6Absent spouse. The prior spouse who had been absent for four (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 two years shall be sufficient. [Navarro v. Domagtoy, AM MTJ96-1088. July 19, 1996]. Absoluta sententia expositore non indiget. Lat. When the language of the law is clear, no explanation of it is required. [Morenos 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 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, 20012006]. 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 L-11268. Jan. 28, 1961, citing 33 Am. Jur. pp. 123124]. 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].


7Absolute 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]. 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]. Abus de droit. Fr. Abuse of right. [Claridades, A., Compilation 2006]. of Notes, 2001-

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. [Morenos 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


8protection; (c) or was used bad faith; (d) or was contrary basic rules of morality fairness. [Tetley, Glossary Conflict of Laws, 2004]. in to or of 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. [Morenos 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 free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint. It has a wide sphere of autonomy certainly extending to the choice of students. [Univ. of San Agustin v. CA, GR 100588. Mar. 7, 1994].

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. The taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. [People v. Apduhan, Jr., GR L-19491. 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. Abuse of superior strength can be appreciated only when there is a notorious inequality of forces between the victim and the aggressor. [People v. Daquipil, GR 8630506, Jan. 20, 1995, 240 SCRA 314; People v. Patamama, GR 107938, Dec. 4, 1995, 250 SCRA 603].


9Academic 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. Summary judgment . See 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

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


10subsequent 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. Accessio cedit principali. Lat. The accessory follows the principal. [Claridades, A., Compilation of Notes, 20012006]. 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. Property. The right to all which ones own property produces, and the right to that which is united to it by accession, either naturally or artificially. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 6].


11Accession 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. Property. Things joined to the principal thing for the latters 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. [Jurists 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]. Accident. 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].


12Accidental. 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. Casualty insurance. See 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

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 two; (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 publiciana. Also Accin interdictal. 1. The plenary


13name 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. [Morenos 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. [Morenos 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].


14Accomplice. 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. 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 government 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 government 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]. 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. [Morenos Law Dict., 2000 Ed., p. 8]. Accredit. To acknowledge. [GSIS v. CSC, GR 98395. Oct. 28, 1994]. Accredited dual training system agricultural, industrial and business establishments. Also Agricultural, industrial and business establishments . A sole proprietorship, partnership, corporation or cooperative which is duly recognized and authorized by the appropriate authority to participate in the


15dual 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]. 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. Property. 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. Property. 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 two 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 coheirs, co-devisees, or colegatees. [Art. 1015, CC]. 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].


16Accused. The name for the defendant in a criminal case. [Jurists 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]. 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, 20012006]. Acquire. To gain by any means, usually by ones own exertions. To take on as a part of ones nature or qualifications. To attain, procure, win, earn, secure or obtain. [Morenos 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 Government or to a government agency, instrumentality or corporation in satisfaction of debts whether by foreclosure of otherwise, or (ii) duly acquired by the Government through final judgment in a sequestration proceeding; or (b) which is a subsidiary of a government corporation organized exclusively to own and manage, or lease, or operate specific physical assets acquired by a government financial institution 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].

A contrario sensu. Lat. From the contrary sense. [Claridades, A., Compilation of Notes, 20012006]. 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


17Acquired 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]. 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 & L-18136. July 31, 1962]. Acquittal. 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 L-56028. 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. [Jurists 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 Blacks 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,


18as 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, 2001-2006]. Acta jure imperii. Lat. Acts by right of dominion. [Claridades, A., Compilation of Notes, 20012006]. Acting. Holding a temporary rank or position, or performing services temporarily. [Morenos Law Dict., 2000 Ed., p. 10]. 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]. 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. [Morenos Law Dict., 2000 Ed., p. 11]. Actionable wrong. A violation of law. [Vales v. Villa, 35 Phil. 788]. Action for reconveyance. Rem. Law. A legal remedy granted to a rightful owner of land wrongfully or erroneously registered in the name of another to compel the latter to reconvey the land to him. [Esconde v. Barlongay, 152 SCRA 603 (1987)]. Action in ejectment. Rem. Law. The term includes a suit of forcible entry (detentacion) or unlawful detainer (desahucio). [Sering v. Plazo, GR L-49731. Sep. 29, 1988]. Action quasi in rem. Rem. Law. An action which while not strictly speaking an action in rem


19partakes 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 or 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. [Jurists Legal Dict., 2004]. Actio or 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. [Jurists Legal Dict., 2004]. 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 under mining actual area. Areas exploration,


20development, 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 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


21applicable to the acts of God. [Napocor v. CA, GR 103442-45. May 21, 1993, citing 1 Corpus Juris, pp. 1174-1175]. Act of state doctrine. Doctrine that the act of a government 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 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. 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].


22Acts 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]. 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 Philippines) 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 (1991)]. SCRA 516, 522

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


23required 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. 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. Possession as a fact or physical possession. [Morenos Law Dict., 2000 Ed., p. 12]. Compare with Constructive possession . Actual service. 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. [Morenos 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. [Morenos Law Dict., 2000 Ed., p. 12]. Ada. Customary law. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Philippines)]. Addendum. An attachment to a written document. [Duhaime's Legal Dict., 2004].


24Additional 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 L-1787. 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 countrys 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-ofsale, 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].


25Ad 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 (ProSe), 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 two 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. 1. The rendition of a judgment or final order which disposes of the case on the merits. [Bench Book 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.)].


26Adjudication 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 government 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].


27Administrative power. See power. adjudicatory Quasi-judicial consider the evidence presented; (c) the decision must have something to support itself; (d) the evidence must be substantial; (e) the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; (f) The tribunal or body or any of its judges, therefore, 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 in arriving at a decision; and (g) the board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered. [Cruz, Constl. Law, 1998 Ed., p. 119, citing, Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Compare with Judicial due process . Administrative feasibility. Taxation. The capability of a tax system of being effectively enforced. [Claridades, A., Compilation of Notes, 20012006]. Administrative functions. 1. The executive machinery of government and the performance by that machinery of governmental acts. It refers to the management actions,

Administrative agencies. Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor. [Glossary of Legal Terms (ProSe), 2004]. Administrative agency. Any department or other governmental unit including any government-owned or controlled corporation, any official, or any employee acting or purporting to act by reason of connection with the government 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. Requisites: (a) The right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof; (b) the tribunal must


28determinations, and orders of executive officials as they administer the laws and try to make government effective. There is an element of positive action, of supervision or control. [In Re: Manzano, AM 88-7-1861RTC. 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, SP-07599-R, 29 Sep. 1978, Black's Law Dict.]. 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 government 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 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-today 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 government and the courts. Between routine government 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 government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is quasi-judicial because it


29directly 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. 32]. 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]. Administratrix. Lat. Female administrator. [Claridades, A., Compilation of Notes, 20012006]. 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. [Jurists Legal Dict., 2004]. Compare with Confession. 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 coconspirator 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.


30Surigawan, 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 L44060. July 20, 1978, citing IV Francisco, The Rev. Rules of Court in the Phil., 1973 Ed., p. 316]. 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 L-40224. Sep. 23, 1980]. 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.


31Adoption. 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 two 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. [Morenos Law Dict., 2000 Ed., p. 16]. Adoptive admission. A partys reaction to a statement or action by another person when it is reasonable to treat the partys 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 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 non-accredited 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


32if 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. 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. 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 (ProSe), 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 cross-examination by the party


33calling 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. [Blacks 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. [Blacks 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]. 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


34lawyer'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]. 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. [Morenos Law Dict., 2000 Ed., p. 17].


35Aequitas sequitur legem. Lat. Equity follows the law. [Morenos Law Dict., 2000 Ed., p. 17]. Aequum et bonum est lex legum. Lat. That which is equitable and right is the law of laws. [Morenos 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]. Affiant. The person who makes and subscribes an affidavit. [Glossary of Legal Terms (ProSe), 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. [Morenos Law Dict., 2000 Ed., p. 17]. 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]. Affiliated corporation. 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 two 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]. Affinity. The connection existing in consequence of a marriage, between each of the married


36persons 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


37Developers v. IAC, GR 74978. Sep. 8, 1989]. A fortiori. More effective; with greater reason. [LawInfo Legal Dict. (2005)]. 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 Succession, 1991 8th Ed., p. 35, citing Art. 794, CC]. 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]. 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 Philippines)]. Agency. 1. Civ. Law. A relationship between two 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. Law. Any bureau, office, commission, administration, board, committee, institute, corporation, whether performing governmental or proprietary function, or any other unit of the National Government, 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 of the government. Any of the various units of the Government, including a


38department, bureau, office, instrumentality, or governmentowned or controlled corporation, or a local government 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. [Morenos Law Dict., 2000 Ed., pp. 18-19]. Agent. 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 Representative . also

Agente administrador. Sp. Managing agent. [Morenos 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 gestation. The length of time the fetus is inside the mother's womb. [Sec. 3, RA 7600]. Age of majority. It commences at the age of eighteen years. [Art. 234, FC, as amended by RA 6809]. Also, Majority. 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


39punishment. [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 purchasin

81024181 My Own Legal Dictionary 2

Documents

Transcript of 81024181 My Own Legal Dictionary 2