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Legal Research (Legal Dictionary

)
By: Glaiza T. Dimapilis Page 1



A Compilation of Legal Terms and Meanings
Based on Jurisprudence





Submitted by:
Glaiza T. Dimapilis
March 11, 2013


Submitted to:
Atty. Perry Solis










Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 2
A.
1. Annulment Of
Judgment
Is a remedy in law independent of the case where the judgment sought to be
annulled is promulgated. It can be filed by one who was not a party to the case in
which the assailed judgment was rendered. Here, rhea may avail of the remedy of
annulment of judgment under rule 47. The ordinary remedies of new trial, appeal
and petition for relief were not available to her for the simple reason that she was
not made a party to the suit against allied (Villanueva V. Nite, G.R. No. 148211,
July 25, 2006).
2. Appellant’s /
Appellee’s Brief
Presented to the court in a concise form the points and question 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/ decision (De Liano V. Ca (2006)).

3. Accion
Reinvidicatoria


If the order of closure has already become final and executory, (Vda. De Lopez V.
Lopez, G.R. No. L-28602, Sept. 29, 1970)

4. Adherence
Principle
It provides that once jurisdiction is vested in the court, it is retained up to the end
of litigation (Dela Cruz V. Moya, G.R. No. 65192, Apr. 27, 1988).
5. Amendment In
Substance
There is an amendment in substance where it covers matters involving the recital
of facts constituting the offense charged and determinative of the jurisdiction of
the court. (Almeda V. Villaluz, Gr No. L- 31665, August 6, 1975)
6. Absorption
Principle
Acts committed in furtherance of rebellion though crimes in themselves are
deemed absorbed in the single crime of rebellion. The test is whether or not the act
was done in furtherance of a political end. The political motive of the act should be
conclusively demonstrated (Enrile V. Salazar Gr No 92163, June 5, 1990)
7. Attractive Nuisance One who maintains on his estate or premises an attractive nuisance without
exercising due case to prevent children from playing therewith or resorting
thereto, is liable to a child of tender years who is injured thereby, even if the child
is technically a trespasser in the premises. (Jarco Marketing Corp. V. Ca, 117 Scad
818, 321 Scra)
8. Ad Interim
Appointment
Ad interim appointment is a permanent appointment. It is permanent because it
takes effect immediately and can no longer be withdrawn by the president once
the appointee qualified into office. The fact that it is subject to confirmation by the
ca does not alter its permanent character. (Matibag V. Benipayo, G.R. No. 130657,
Apr. 1, 2002).
9. Auto‐Limitation
Principle
Under the principle of auto‐limitation, 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, G.R.
No.L‐26379, Dec. 27, 1969)
10. Arraignment

It is the gradual deposit of sediment by natural action of a current of fresh water
(not sea water), the original identity of the deposit being lost. Where is by sea
water, it belongs to the state. (Government Of Philippine Islands V. Cabangis,
G.R. No. L‐28379, Mar. 27, 1929)






Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 3
B.
1. Burden Of Proof Lies with "the party who alleges the existence of a fact or thing necessary in the
prosecution or defense of an action." (Garcia V. Recio, G.R. No. 138322, Oct. 2, 2001)
2. Benevolent
Neutrality
Under this theory the “wall of separation” is meant to protect the church from the
state. It believes that with respect to governmental actions, accommodation of
religion may be allowed, not to promote the government’s favored form of religion,
but to allow individuals and groups to exercise their religion without hindrance.
(Estrada V. Escritor, A.M. No. P‐02‐1651, June 22, 2006)
3. Balancing Of
Equities Principle
In decreeing specific performance, equity requires not only that the contract be just
and equitable in its provisions, but that the consequences of specific performance, is
likewise be just and equitable. The general rule is that this equitable relief will not be
granted if, under the circumstances of the case, the result of the specific performance
of the contract would be harsh, inequitable, and oppressive or result in an
unconscionable advantage to the plaintiff (Agcaoili V. Gsis, G.R. No. 30056, Aug. 30,
1988).
4. Battered Woman 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. (People V. Genosa, G.R. No. 135981, Jan. 15, 2004)

5. Barratry Clause


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 Owner And To The
Prejudice Of Owner’s Interest. It Requires An Intentional And Willful Act In Its
Commission. No Honest Error Or Judgment Or Mere Negligence, Unless Criminally
Gross, Can Be Barratry. (Roque V. Iac, G.R. No. L‐ 66935, Nov. 11, 1985)

6. “Boundary
System”
(Transpo Law)
Under this system the driver is engaged to drive the owner/operator’s unit and pays
the latter a fee commonly called boundary for the use of the unit. Whatever he earned
in excess of that amount is his income. (Paguio Transport Corp. V. Nlrc, G.R. No.
119500, Aug. 28, 1998)
7. Blue‐Sky
Bargaining
(Labor Law)
It is defined as making exaggerated or unreasonable proposals. Whether or not the
union is engaged in blue‐sky bargaining is determined by the evidence presented by
the union as to its economic demands. Thus, if the union requires exaggerated or
unreasonable economic demands, then it is guilty of ulp. (Standard Chartered Bank
V. Confessor, G.R. No. 114974, June 16, 2004)
8. Bar by dismissal Bars the prosecution of a second action upon the same claim, demand or cause of
action. (Moraga Vs. Spouses Somo, GR 166781, Sept. 5, 2006).
9. Bail (Rule 114)
Bail is the security required by the court and given by the accused to ensure that the
accused appear before the proper court at the scheduled time and place to answer
the charges brought against him. It is awarded to the accused to honor the
presumption of innocence until his guilt is proven beyond reasonable doubt, and to
enable him to prepare his defense without being subject to punishment prior to
conviction (Cortes Vs. Catral, 279 SCRA 1.)

10. Bar By A Former
Judgment

Res judicata comprehends two distinct concepts: (a) bar by a former judgment, and
(b) conclusiveness of judgment (Heirs of Wenceslao Tabia vs.CA, GR 129377 &
129399, Feb. 22, 2007). The first concept bars the prosecution of a second action
upon the same claim, demand or cause of action. (Moraga vs. Spouses Somo, GR
166781, Sept. 5, 2006).



Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 4
C.
1. Cause of Action It is the delict or wrong by which the defendant violates the right or rights of the
plaintiff (Ma-Ao Sugar Central V. Barrios, 76 Phil. 666).
2. Counterclaim It is any claim which a defending party may have against an opposing party (sec.
6, rule 6). It partakes of a complaint by the defendant against the plaintiff (Pro-
Line Sports Inc., V. Ca, G.R. No. 118192, Oct. 23, 1997)
3. Contempt It is a defiance of the authority, justice or dignity of the court; such conduct as
tends to bring the authority and administration of the law into disrespect or to
interfere with, or prejudice litigant or their witnesses during litigation (Halili V.
Cir, G.R. No. L-24864, Nov. 19, 1985)
4. Contingent Claim It is a conditional claim, which is subject to the happening of a future uncertain
event. (Buan V. Laya, G.R. No. L-7840, Dec. 24, 1957)

5. Certiorari

Certiorari is a remedy for the correction of errors of jurisdiction, not errors of
judgment. It is an original and independent action that was not part of the trial
that had resulted in the rendition of the judgment or order complained of. More
importantly, sine the issue is jurisdiction, an original action for certiorari may be
directed against an interlocutory order of the lower court prior to an appeal from
the judgment (New Frontier Sugar Corp. Vs. RTC Of Iloilo, GR 165001, Jan. 31,
2007).

6. Clear And Present
Danger Test
The danger created must not only be clear and present but also traceable to the
ideas expressed. (Gonzales V. Comelec, G.R. No. L‐27833, April 18, 1969)
7. Collateral attack
of judgments
A collateral attack is made when, in another action to obtain a different relief, an
attack on the judgment is made as an incident in said action. This is proper only
when the judgment, on its face, is null and void, as where it is patent that the court
which rendered said judgment has no jurisdiction (Co Vs. CA, 196 SCRA 705).
8. Charter Party
Contract
A contract whereby the whole or part of the ship is let by the owner to a merchant
or other person for a specified time or use for the conveyance of goods, in
consideration of the payment of freight. (Caltex V. Sulpicio Lines, G.R. No.
131166, Sept. 30, 1999)
9. “Committed In
Relation To His
Office”
An offense is deemed committed in relation to public office when the “office” is a
constituent element of the offense. The test is whether the offense cannot exist
without the office (Crisostomo V. Sandiganbayan, G.R. No. 152398, Apr. 14,
2005).
10. Counselor-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, 120 phil. 729).









Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 5
D.
1. Doctrine Of
Constitutional
Supremacy
Under this doctrine, if a law or contract violates any norm of the constitution,
that law or contract, whether promulgated by the legislative or by the executive
branch or entered into by private persons for private purposes, is null and void
and without any force and effect. Thus, since the constitution is the fundamental,
paramount and supreme law of the nation, it is deemed written in every statute
and contract. (Manila Prince Hotel V. Gsis, G.R. No. 122156, Feb. 3, 1997)
2. Doctrine Of State
Immunity
It reflects nothing less than recognition of the sovereign character of the state and
an express affirmation of the unwritten rule effectively insulating it from the
jurisdiction of courts. It is based on the very essence of sovereignty. (Department
Of Agriculture V. Nlrc, G.R. No. 104269, November 11, 1993)
3. Doctrine Of
Auto‐Limitation
It is the doctrine where the philippines adhere to principles of international law
as a limitation to the exercise of its sovereignty. The fact that the international law
has been made part of the law of the land does not by any means imply the
primacy of international law over national law in the municipal sphere. (Philip
Morris, Inc. V. Ca, G.R. No. 91332, July 16, 1993)
4. Doctrine Of
Incorporation
It means that the rules of international law form part of the law of the land and no
legislative action is required to make them applicable in a country. By this
doctrine, the philippines is bound by generally accepted principles of
international law, which are considered to be automatically part of our own laws.
(Tañada V. Angara, G.R. No. 118295, May 2, 1997)
5. “Disorderly
Behavior”
The interpretation of the phrase disorderly behavior is the prerogative of the
house concerned and cannot be judicially reviewed (Osmeña V. Pendatun, G.R.
No. L‐17144, Oct. 28, 1960).
6. Doctrine of
Ancillary
Jurisdiction

In an original action before the RTC, the counterclaim may be considered
compulsory regardless of the amount (Sec. 7, Rule 6 ).

If a counterclaim is filed in the MTC in excess of its jurisdictional amount, the
excess is considered waived (Agustin Vs. Bacalan). In Calo vs. Ajax Int’l, the
remedy where a counterclaim is beyond the jurisdiction of the MTC is to set off
the claims and file a separate action to collect the balance.
7. Double Jeopardy When A Person Was Charged With An Offense And The Case Was Terminated By
Acquittal Or Conviction Or In Any Other Manner Without His Consent, He Cannot
Again Be Charged With The Same Or Identical Offense. (Melo V. People, G.R. No.
L‐3580, Mar. 22, 1950)
8. Doctrine Of
Necessary
Implication
All powers necessary for the effective exercise of the express powers are deemed
impliedly granted. (Pimentel V. Comelec, G.R. No. L‐53581, Dec. 19, 1980)
9. Doctrine Of
Presumed
Revocation
Where a will which cannot be found, is shown to have been in the possession of
the testator when last seen, the presumption is, in the absence of other competent
evidence, that the same was cancelled or destroyed. The same presumption arises
where it is shown that the testator had ready access to the will and it cannot be
found after his death. (Gabo V. Mamuyac G.R. No. 26317, Jan. 29, 1927)
10. Doctrine Of
Dependent Relative
Revocation
Where the testator’s act of destruction is connected with the making of another
will, so as fairly to raise the inference that the testator meant the revocation of the
old to depend upon the efficacy of the new disposition intended to be substituted,
the revocation will be conditional and dependent upon the efficacy of the new
disposition; and if, for any reason, the new will intended to be made as a
substitute is inoperative, the revocation fails and the original will remains in full
force. (Molo V. Molo, G.R. No. L‐2538, Sept. 21, 1951)


Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 6
E.

1. Extrinsic Fraud
Or Collateral
Fraud

Fraud is regarded as extrinsic where it prevents a party from having a trial or from
preventing a party from having a trial or from presenting his entire case to the court, or
where it operates upon matters pertaining not to the judgment itself but to the manner in
which it is procured (Alaban V. Ca, Gr No. 156021, September 23, 2005).

2. Ex Parte
Motions
An ex parte motion is one which does not require that the parties be heard, and which the
court may act upon without prejudicing the rights of the other party. This kind of motion is
not covered by the hearing requirement of the Rules (Sec. 2). An example of an ex parte
motion is that one filed by the plaintiff pursuant to Sec. 1, Rule 18, in which he moves
promptly that the case be set for pre-trial. A motion for extension of time is an ex parte
motion made to the court in behalf of one or the other of the parties to the action, in the
absence and usually without the knowledge of the other party or parties. Ex parte motions
are frequently permissible in procedural matters, and also in situations and under
circumstances of emergency; and an exception to the rule requiring notice is sometimes
made where notice or the resulting delay might tend to defeat the objective of the motion
(Sarmiento Vs. Zaratan, GR 167471, Feb. 5, 2007).
3. Expropriation Expropriation proceedings have two stages. The first phase ends with an order of
dismissal, or a determination that the property is to be acquired for a public purpose. The
second phase consists of the determination of just compensation. Both orders, being final,
are appealable. (City Of Iloilo V. Hon. Lolita Contreras-Besana, G.R. No. 168967, Feb. 12,
2010).
4. Equity Of
Redemption

Right of the defendant mortgagor to extinguish the mortgage and retain ownership of the
property by paying the debt within 90-120 days after the entry of judgment or even after the
foreclosure sale but prior to confirmation (Government Insurance System V. Cfi Of Iloilo,
G.R. No. 45322, July 5, 1989).
5. Enforced
Disappearance
s
An arrest, detention or abduction of a person by a government official or organized groups
or private individual acting with the direct or indirect acquiescence of the government; the
refusal of the state to disclose the fate or whereabouts of the person concerned or a refusal
to acknowledge the deprivation of liberty which places such persons outside the protection
of law. (Secretary Of National Defense V. Manalo, G.R. No. 180906, Oct. 7, 2008)
6. Equal
Protection Of
The Laws
It means that all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed. It guarantees equality, not identity of rights.
It does not forbid discrimination as to persons and things that are different. What it forbids
are distinctions based on impermissible criteria unrelated to a proper legislative purpose,
or class or discriminatory legislation, which discriminates against some and favors others
when both are similarly situated. (Biraogo V. The Philippine Truth Commission Of 2010,
G.R. No. 192935, Dec. 7, 2010)
7. Expropriation Expropriation is not limited to the acquisition of real property with a corresponding
transfer of title or possession – the right of way easement resulting in a restriction of
limitation on property right over the land traversed by transmission lines also falls within
the ambit of the term expropriation. (Npc V. Maria Mendoza San Pedro G.R. No. 170945
September 26, 2006)
8. Equipoise Rule Under the equipoise rule, when the evidence of both sides are equally balanced, the
constitutional presumption of innocence should tilt the scales in favor of the accused
(Corpuz V. People, G.R. No. 74259, Feb. 14, 1991)
9. Extraordinary
Diligence
It is that extreme measure of care and caution which persons of unusual prudence and
circumspection use for securing and preserving their own property or rights. The law
requires common carriers to render service with the greatest skill and utmost foresight.
(Negros Navigation Vs. Ca, Gr No. 110398, November 7, 1997)
10. Error or
Ignorance of
Law
Error or mistake must be gross or patent, malicious, deliberate or in bad faith.
- Must act fraudulently, corruptly or with gross ignorance. Caveat: not every error or
mistake of a judge in the performance of his duties make him liable therefore. To hold the
judge administratively accountable for every erroneous ruling or decision he renders,
assuming he has erred, would be nothing short of harassment and would make his position
unbearable. (Secretary of Justice vs. Marcos, 76 SCRA 301).
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By: Glaiza T. Dimapilis Page 7
F.
1. Final Judgment The term “final” when used to describe a judgment may be used in two senses. In the
first, it refers to a judgment that disposes of a case in a manner that leaves nothing
more to be done by the court in respect thereto. In this sense, a final judgment is
distinguished from an interlocutory order which does not finally terminate or
dispose of the case (Rudecon Management Corp. Vs. Singson, 454 Scra 612).
2. Fresh Period Rule The movant has a “fresh period” of 15 days from the receipt or notice of the order
denying or dismissing the motion within which to file a notice of appeal (fresh period
rule). (Neypes V. Ca, G.R. No.141524, Sept. 14, 2005)
3. Forcible Entry Forcible entry and unlawful detainer actions are summary in nature designed to
provide for an expeditious means of protecting actual possession or the right to
possession of the property involved (Sudaria V..Quiambao, Gr No. 164305,
November 20, 2007)
4. Flexible Tariff
Clause
This clause provides the authority given to the president to adjust tariff rates under
section 401 of the tariff and customs code. (Garcia V. Executive Secretary, G.R. No.
101273, July 3, 1992)

5. Flow Of Wealth Test

The determining factor for the imposition of income tax is whether or not any gain or
profit was derived from the transaction. (Collector V. Administratix Of The Estate
Of Echarri, Gr 45544, Apr. 25, 1939)
6. Forum Shopping Forum shopping exists when as a result of an adverse opinion in one forum:
A. A party seeks favorable opinion (other than by appeal or certiorari) in another, or
B. When he institutes two or more actions or proceedings grounded on the same
cause, on the gamble that one or the other would make a favorable disposition
(benguet Electric corp. Vs. Flores 287 scra 449, march 12, 1998).
7. Foreclosure of Real
Estate Mortgage
(1) A real estate mortgage is an accessory contract executed by a debtor in favor of a
creditor as security for the principal obligation. This principal obligation is a simple
loan or mutuum described in Art. 1953, Civil Code. To be a real estate mortgage, the
contract must be constituted on either immovables (real property) or inalienable
real rights. If constituted on movables, the contract is a chattel mortgage (Art. 2124,
CC).
(2) A mortgage contract may have a provision in which the mortgage is a security for
past, present and future indebtedness. This clause known as a dragnet clause or
blanket mortgage clause has its origins in American jurisprudence. The Supreme
Court ruled that mortgages given to secure future advancements are valid and legal
contracts (Prudential Bank vs. Alviar, 464 SCRA 353).

8. Foreign Judgment To prove the foreign law, the requirements of Secs. 24 and 25, Rule 132 must be
complied with, that is, by an official publication or by a duly attested and
authenticated copy thereof. The provisions of the foreign law may also be the subject
of judicial admission under Sec. 4, Rule 129. Absent any of the foregoing evidence or
admission, the foreign law is presumed to the same as that in the Philippines, under
the so-called doctrine of processual presumption (Collector of Internal Revenue
vs. Fisher, L-11622, 01/28/61).
9. Foreign Laws The question as to what are the laws of a foreign state is one of fact, not of law.
Foreign laws may not be taken judicial notice of and have to be proved like any other
fact (In re Estate of Johnson, 39 Phil. 156), except where said laws are within the
actual knowledge of the court such as when they are well and generally known or
they have been actually ruled upon in other cases before it and none of the parties
claim otherwise (Phil. Commercial & Industrial Bank vs. Escolin, L-27936,
03/29/74).
10. Fortuitous Event “an unexpected event or act of God which could neither be foreseen or resisted, such
as floods, torrents, shipwrecks, conflagrations, lightning, compulsion, insurrections,
destruction of buildings by unforeseen accidents and other occurrences of similar
nature.” (Lasam v. Smith)

Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 8
G.

1. Garnishment

The plaintiff seeks to subject either the property of the defendant in the hands of
the third person called the garnishee, to his claim or the money in which said third
person owes the defendant (Rcbc V. Castro, No. L- 34548, November 29, 1988).
2. Government Speech

A speech where the government may advance or restrict its own speech in a
manner that would clearly be forbidden were it regulating the speech of a private
citizen. (Doctrine Was Implied In Wooley V. Maynard In 1971)
3. Gross Receipts The term “gross receipts” is broad enough to include income not physically
rendered but constructively received by the taxpayer. After all, the amount
withheld is paid to the government on its behalf, in satisfaction of its withholding
taxes. The fact that it did not actually receive the amount does not alter the fact that
it is remitted for its benefit in satisfaction of its tax obligations. Since the income is
withheld is an income owned by express transport, the same forms part of its gross
receipts. (Cir V. Bank Of Commerce,Gr 149636, June 8, 2005)
4. Grossly Immoral
Conduct/Act
One that is so corrupt and false as to constitute a criminal act so unprincipled or
disgraceful as to be reprehensible to a high degree. (figueroa v. Barranca, 275
scra 445, july 31, 1997)
5. Genossenschaft
Theory (Corpo Law)

Treats a corporation as “the reality of the group as a social and legal entity,
independent of state recognition and concession”. (Tayag V. Benguet
Consolidated, Inc., G.R. No. L‐23276, Nov 29, 1968)
6. Gross Inefficiency
Which Merited
Discipline by the
Supreme Court
Delay in the disposition of cases in violation of the Canon that a judge must
promptly dispose of all matters submitted to him. With or without the transcripts
of stenographicnotes, the 90-day period for deciding cases or resolving motions
must be adhered to. (Balagot vs. Opinion, 195 SCRA 429).
7. Gerrymandering A term employed to describe an apportionment of representative districts so
contrived as to give an unfair advantage to the party in power. (navarro v.
Executive secretary ermita)
8. General Supervision
over LGUs
This is the power of a superior officer to ensure that the laws are faithfully executed
by subordinates. The power of the President over lgus is only of general
supervision. Thus, he can only interfere in the affairs and activities of a LGU if he
finds that the latter acted contrary to law. The President or any of his alter egos
cannot interfere in local affairs as long as the concerned LGU acts within the
parameters of the law and the Constitution. Any directive, therefore, by the
President or any of his alter egos seeking to alter the wisdom of a law‐conforming
judgment on local affairs of a LGU is a patent nullity, because it violates the
principle of local autonomy, as well as the doctrine of separation of powers of the
executive and the legislative departments in governing municipal corporations.
(Dadole v. COA, G.R. No. 125350, Dec. 3, 2002)
9. Good Faith Good faith is an intangible and abstract quality with no technical meaning or
statutory definition; and it encompasses, among other things, an honest belief, the
absence of malice and the absence of a design to defraud or to seek an
unconscionable advantage. An individual’s personal good faith is a concept of his
own mind and, therefore, may not conclusively be determined by his protestations
alone. It implies honesty of intention, and freedom from knowledge of
circumstances which ought to put the holder upon inquiry. The essence
of good faith lies in an honest belief in the validity of one’s right, ignorance of a
superior claim, and absence of intention to overreach another. (Heirs of Limense
V. De Ramos)
10. Gift in Taxation A gift is generally defined as a voluntary transfer of property by one to another
without any consideration or compensation therefor (28 C.J. 620; Santos vs.
Robledo, 28 Phil. 250).



Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 9
H.
1. Hold‐Over In the absence of an express or implied constitutional or statutory provision to the
contrary, an officer is entitled to hold office until his successor is elected or appointed
and has qualified. (Lecaroz V. Sandiganbayan, G.R. No. 130872, Mar. 25,1999)
2. Habeas Data The writ of habeas data is an independent and summary remedy designed to protect
the image, privacy, honor, information, and freedom of information of an individual,
and to provide a forum to enforce one’s right to the truth and to informational
privacy. It seeks to protect a person’s right to control information regarding oneself,
particularly in instances in which such information is being collected through
unlawful means in order to achieve unlawful ends. (Gamboa V. Chan G.R. No.
193636)
3. Habeas Corpus Writ of habeas corpus is a writ which has been esteemed to the best and only
sufficient defense of personal freedom having for its object the speedy release by
judicial decree of persons who are illegally restrained of their liberty, or illegally
detained from the control of those who are entitled to their custody
(Bernarte vs. CA, 75 SCAD 400 [Oct. 18, 1996)
4. Holder in Due
Course
He who takes a negotiable instrument that is complete and regular upon its face;
Became the holder before it was overdue, and without notice that it has been
previously dishonored, if such was the fact; Took it in good faith and for value; At the
time it was negotiated to him, he had no notice of any infirmity in the instrument or
defect in the title of the person negotiating it. (Sec. 52) (De Ocampo v. Gatchalian,
G.R. No. L‐15126, Nov. 30, 1961)
5. Homestead The word ‘homestead,’ as used in English, usually imports not only the residential
house occupied as a home but also the adjacent land necessarily used in connection
therewith; and yet the word is sometimes used for either house or land separately.
Now, in drafting the provision under consideration, the authors of the Code of Civil
Procedure, out of abundant precaution and in order to avoid a narrow interpretation
of the word ‘homestead,’ added the expression ‘and land necessarily used in
connection therewith.’ By giving independent expression to this element in the
signification of the word, the codifiers thereby narrowed the necessary import of the
word ‘homestead,’ with the result that, as it stands here, it means nothing more than
house.” (MAXIMA FELIPE vs. PONCIANA DE LA CRUZ, ET AL)
6. Hold Departure
Order
hold departure order is but an exercise of respondent court's inherent power to
preserve and to maintain the effectiveness of its jurisdiction over the case and the
person of the accused. (Defensor V. Vasquez G.R. Nos. 99289-90)
7. Habeas Corpus
for custody of
minors
Writs of habeas corpus which may be issued exclusively by family courts under
Section 5(b) of RA 8369 pertain to the ancillary remedy that may be availed of in
conjunction with a petition for custody of minors under Rule 99 of the Rules of Court.
In other words, the issuance of the writ is merely ancillary to the custody case
pending before the family court. The writ must be issued by the same court to avoid
splitting of jurisdiction, conflicting decisions, interference by a co-equal court and
judicial instability. (Mandrinan V. Mandrinan G.R. No. 159374)
8. Hierarchy of
Courts
Under the principle of the hierarchy of courts, decisions, final orders or resolutions of
an MTC should be appealed to the RTC exercising territorial jurisdiction over the
former. On the other hand, RTC judgments, final orders or resolutions are appealable
to the CA through either of the following: an ordinary appeal if the case was originally
decided by the RTC; or a petition for review under Rule 42, if the case was decided
under the RTC's appellate jurisdiction. (Mendoza V. Villas G.R. No. 187256)



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By: Glaiza T. Dimapilis Page 10
I.
1. Indigent Party He is one who has no money or property sufficient and available for food, shelter
and basic necessities for himself and his family. If the applicant for exemption
meets the salary and property requirements under sec. 19, rule 141, then the
grant of the application is mandatory. On the other hand, when the application
does not satisfy one or both requirements, then the application should not be
denied outright; instead, the court should apply the “indigency test” under sec. 21,
rule 3 and use its sound discretion in determining the merits of the prayer for
exemption (Algura V. Lgu Of Naga, G.R. No. 150135, Oct. 30, 2006).
2. Injunction As A
Main Action

Seeks a judgment embodying a final injunction, to enjoin the defendant from the
commission or continuance of a specific act, or to compel a particular act in
violation of the rights of the applicant (Almeida V. Ca, 448 Sscra 681, January
17, 2005).
3. Injunction As An
Ancillary Remedy

Seeks to preserve the status quo or to prevent future wrongs in order to preserve
and protect certain interests or rights during the pendency of the action (Cortez-
Estrada V. Heirs Of Domingo Samut, 451 Scra 275, February 14, 2005).
4. Ignorantia Legis
Neminem Excusat
Ignorance of the law is not an excuse because everyone is presumed to know the
law.
5. Illegal Recruitment Defined by law as any recruitment activities undertaken by non‐licenses or
non‐holders of authority. (People V. Senoron, G.R. No. 119160, Jan. 30,1997)
and it is large scale illegal recruitment when the offense is committed against 3 or
more persons, individually or as a group. (art. 38[b], lc) in view of the above,
maryrose is guilty of large scale illegal recruitment. Her defense of gf and the
affidavit of desistance as well as the refund given will not save her because r.a. no.
8042 is a special law, and illegal recruitment is malum prohibitum. (People V.
Saulo, G.R. No. 125903, Nov. 15, 2000).
6. Imputed Knowledge
Theory
A rule in insurance law that any information material to the transaction, either
possessed by the agent at the time of the transaction or acquired by him before its
completion, is deemed to be the knowledge of the principal, at least so far as the
transaction is concerned, even though in fact the knowledge is not communicated
to the principal at all. (Leonor V. Filipinas Compania, 48 Og 243)
7. Interlocutory Order The suit which is not a final decision of the whole controversy and leaves
something more to be done on its merits
(Gallardo Et Al. V. People, G.R. No. 142030, April 21, 2005
8. Information

Information is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court. Accusation must be in
writing. It requires no oath. This is because the Prosecutor filing the information
is acting under oath of his office (Estudillo V. Baloma, 426 Scra 83)
9. In Personam An action in personam is an action against a person on the basis of his personal
liability. And Action in rem is an action against the thing itself instead of against
the person. Biaco vs. Philippine Countryside Rural Bank, GR 161417,
February 8, 2007
10. Immoral Conduct Immoral conduct has been defined as “that conduct which is willful, flagrant or
shameless and Which shows a moral indifference to the opinion of the good and
respectable members of the Community (Arciga v. Maniwang, 106 scra 591).





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By: Glaiza T. Dimapilis Page 11
J.
1. Judgment
Without Trial
The theory of summary judgment is that although an answer may on its face
appear to tender issues—requiring trial—yet if it is demonstrated by affidavits,
depositions, or admissions that those issues are not genuine, but sham or
fictitious, the court is justified in dispensing with the trial and rendering summary
judgment for plaintiff. (Galicia Vs. Polo, L-49668, Nov. 14, 1989; Carcon Devt.
Corp. Vs. Ca, Gr 88218, Dec. 17, 1989).
2. Judicial Review The power of judicial review includes the power of review over justiciable issues
in impeachment proceedings (Francisco, Jr. V. House Of Representatives, G.R.
No. 160261, Nov. 10, 2003).
3. Judgment Or
Fallo
The judgment or fallo is the final disposition of the court which is reflected in the
dispositive portion of the decision. A decision is directly prepared by a judge and
signed by him, containing clearly and distinctly a statement of the facts proved
and the law upon which the judgment is based (Etoya V. Abraham)
4. Judgment On The
Pleadings
Where an answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party‘s pleading, the court may, on motion of that party,
direct judgment on such pleading. However, in actions for declaration of nullity or
annulment of marriage or for legal separation (or for unliquidated damages, or
admission of the truth of allegation of adverse party), the material facts alleged in
the complaint shall always be proved (Sec. 1).
(Monterey Foods Corp. Vs. Eserjose, Gr 153126, Sept. 11, 2003).
5. Jurisdiction Jurisdiction treats of the power of the court to decide a case on the merits, while
venue refers To the place where the suit may be filed. In criminal actions,
however, venue is jurisdictional. Jurisdiction is a matter of substantive law;
venue, of procedural law. Jurisdiction may be not be Conferred by consent
through waiver upon a court, but venue may be waived, except in criminal Cases
(Nocum Et Al. V. Tan, G.R. No. 145022, September 23, 2005)
6. Jurisdiction Over
The Res

Jurisdiction over the res is acquired by the seizure of the thing under legal
process whereby it is brought into actual custody of law, or it may result from the
institution of a legal proceeding wherein the power of the court over the thing is
recognized and made effective (Banco Español Filipino vs. Palanca, 37 Phil.
291).
7. Jurisdiction Over
Person Of The
Accused

May be conferred by consent expressly or impliedly given, or it may, by objection,
be prevented from attaching or being removed after it is attached.
Jurisdiction over the person of the accused by voluntary appearance or surrender
of the accused or by his arrest (Choc vs. Vera, 64 Phil. 1066).
8. Jurisdiction Over
The Subject
Matter

Jurisdiction over the subject matter is determined upon the allegations made in
the complaint, irrespective of whether the plaintiff is entitled or not, to recover
upon the claim asserted therein, a matter resolved only after and as a result of the
trial (Magay vs. Estiandan, 69 SCRA 456).
9. Judicial Notice Of
Foreign Laws
The question as to what are the laws of a foreign state is one of fact, not of law.
Foreign laws may not be taken judicial notice of and have to be proved like any
other fact (In re Estate of Johnson, 39 Phil. 156), except where said laws are
within the actual knowledge of the court such as when they are well and generally
known or they have been actually ruled upon in other cases before it and none of
the parties claim otherwise (Phil. Commercial & Industrial Bank vs. Escolin, L-
27936, 03/29/74).
10. Judicial Review The power of the SC to declare a law, treaty, ordinance and other governmental
act unconstitutional. The controversy must also be justiciable; that is, it must be
susceptible of judicial determination. (IBP v. Hon. Ronaldo B. Zamora, G.R. No.
141284, Aug. 15, 2000)

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By: Glaiza T. Dimapilis Page 12
K.
1. “Kabit System”
(Transpo Law)
It is an arrangement whereby a person who has been granted the
certificate allows other persons who own motor vehicles to operate
under his license, sometimes for a fee or percentage of the earnings.
(lim v. Ca, g.r. no. 125817, jan. 16, 2002)
2. Knowingly
Rendering
Unjust
Judgment
The gist of the offense therefore is an unjust judgment be rendered
maliciously or in bad faith, that is, knowing it to be unjust. Xxx xxx
Mere error therefore in the interpretation or application of the law
does not constitute the crime. The nature of the administrative charge
of knowingly rendering an unjust judgment is the same as the criminal
charge. Thus xxx xxx it must
Be established that respondent judge rendered a judgment or decision
not supported by law or evidence and that he must be actuated be
hatred, envy, revenge, or greed or some other similar motive. (De la
Cruz v. Concepcion)
3. Kalikasan, writ Otherwise known as the Rules of Procedure for Environmental Cases,
concerning as it is the violation of the constitutional rights of the
residents to a balanced and healthful ecology. (Dela Cruz V. Meralco
GR No 197878.)

















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L.

1. Labor Dispute

An action for damages for abuse of right as an incident to dismissal is within the exclusive
jurisdiction of the labor arbiter. But the labor arbiter has no jurisdiction for claims of
damages based on quasi-delict which has no reasonable connection with the employer-
employee relations claims under the labor code (Ocheda V. Ca, G.R. No. 85517, Oct. 16,
1992).


2. Labor Standards

The minimum terms and conditions of employment prescribed by existing laws, rules and
regulations relating to wages, hours of work, cost‐of‐living allowance and other monetary
and welfare benefits. (Batong Buhay Gold Mines, Inc. V. Dela Serna, G.R. No. 86963,
August 6,1999)
3. License Fee

Ordinarily, license fees are in the nature of the exercise of police power because they are in
the form of regulation by the state and considered as a manner of paying off administration
costs. However, if the license fee is higher than the cost of regulating, then it becomes a form
of taxation (Ermita‐Malate Hotel And Motel Operators Assoc., Inc. Vs. City Mayor Of
Manila, G.R. No. L‐24693, Oct. 23, 1967).
4. Litigation A litigation is not a game of technicalities of which one, more deeply schooled and skilled in
the subtle art of movement and position, entraps and destroys the other. It is rather, a
contest in which each contending party fully and fairly lays before the court the facts in issue
and then, brushing aside as wholly trivial and indecisive all imperfections of form and
technicalities of procedure, asks that justice be done upon merits. Canlas Vs. Court Of
Appeals, 164 Scra 160)
5. Legal Malpractice Consists of failure of an attorney to use such skill, prudence and Diligence as lawyers of
ordinary skill and capacity commonly possess and exercise in the Performance of tasks
which they undertake, and when such failure proximately causes Damage, it gives rise to an
action in tort (Tan Tek Beng Vs. David, 126 Scra 389).
6. Limited Liability
Doctrine (Transpo
Law)
Also called the “no vessel, no liability doctrine,” it provides that liability of ship owner is
limited to ship owner’s interest over the vessel. Consequently, in case of loss, the ship
owner’s liability is also extinguished. Limited liability likewise extends to ship’s
appurtenances, equipment, freightage, and insurance proceeds. The ship owner’s or agent’s
liability is merely co‐extensive with his interest in the vessel, such that a total loss of the
vessel results in the liability’s extinction. The vessel’s total destruction extinguishes
maritime liens because there is no longer any res to which they can attach. (Monarch
Insurance V. Ca, G.R. No. 92735, June 8, 2000)
7. Legal Malpractice Consists of failure of an attorney to use such skill, prudence and
Diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the
Performance of tasks which they undertake, and when such failure proximately causes
Damage, it gives rise to an action in tort (Tan Tek Beng Vs. David, 126 Scra 389).
8. Locatio Conduction
Operarum (Contract
Of Lease Of Services)
Where one lets his services for compensation and another hires them without reference to
the object which the services are to be performed. Regala Vs. Sandiganbayan, G.R. No.
105938 (Sept. 20, 1996)

9. Litigated Motion

A litigated motion is one which requires the parties to be heard before a ruling on the
motion is made by the court. Sec. 4 establishes the general rule that every written motion is
deemed a litigated motion. A motion to dismiss (Rule 16), a motion for judgment for the
pleadings (Rule 34), and a summary judgment (Rule 35), are litigated motions.
(Sarmiento Vs. Zaratan, GR 167471, Feb. 5, 2007).
10. Labor Laws The justification of labor laws is social justice. Social justice is “neither communism, nor
despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of
social and economic force by the State so that justice in its rational and objectively secular
conception may at least be approximated. Social justice means the promotion of the welfare
of all the people, the adoption by the government of measures calculated to insure economic
stability of all the competent elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelations of the members of the community,
constitutionally, through the adoption of measures legally justifiable, or
extra‐constitutionally, through the exercise of powers underlying the existence of all
governments on the time‐honored principle of salus populi est suprema lex. (Calalang V.
Williams, G.R. No. 47800, Dec. 2, 1940)
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By: Glaiza T. Dimapilis Page 14
M.
1. Moot Questions Questions whose answers cannot have any practical legal effect or, in the nature of things,
cannot be enforced. (Baldo, Jr. V. Comelec, G.R. No. 176135, June 16, 2009)

2. Miranda Rights
Right to have confessions or admissions obtained in violation of these rights considered
inadmissible in evidence (Miranda V Arizona, 384 Us 436, 1966)
3. Malicious
Prosecution
It has been defined as an action for damages brought by or against whom a criminal
prosecution, civil suit, or other legal proceeding has been instituted maliciously and without
probable cause, after the termination of such prosecution, suit or other proceeding in favor of
the defendant therein. (Diaz V. Davao Light And Power Co., 520 Scra 510, 2007)
4. Misconduct Misconduct implies malice or a wrongful intent, not a mere error of judgment. “For Serious
misconduct to exist, there must be a reliable evidence showing that the judicial acts Complained
of were corrupt or were inspired by an intention to violate the law, or were in Persistent
disregard of well-known legal rules.” In re: Impeachment of Horilleno, 43 Phil. 212
5. Motion To Quash A motion to quash is a hypothetical admission of the facts alleged in the information, hence the
court in resolving the motion cannot consider facts contrary to those alleged in the information
or which do not appear on the face of the information, except those admitted by the
prosecution (People Vs. Navarro, 75 Phil. 516).
6. Misjoinder And
Non-Joinder Of
Parties
A party is misjoined when he is made a party to the action although he should not be
impleaded. A party is not joined when he is supposed to be joined but is not impleaded in the
action.
Under the rules, neither misjoinder nor non-joinder of parties is a ground for the dismissal of
an action. Parties may be dropped or added by order of the court on motion of any party or on
its own initiative at any stage of the action and on such terms as are just (Sec. 11, Rule 3).
Misjoinder of parties does not involve questions of jurisdiction and not a ground for dismissal
(Republic Vs. Herbieto, 459 SCRA 183).

7. Motion For New
Trial

A motion for new trial should be filed within the period for taking an appeal. Hence, it must be
filed before the finality of the judgment (Sec. 1). In Distilleria Limtuaco vs. CA, 143 SCRA 92,
it was said that the period for filing a motion for new trial is within the period for taking an
appeal.
8. Motions For Bill
Of Particulars
A party‘s right to move for a bill of particulars in accordance with Sec. 1, Rule 12 (doesn‘t
include matters evidentiary in nature, which are covered by Modes of Discovery) when the
allegations of the complaint are vague and uncertain is intended to afford a party not only a
chance to properly prepare a responsive pleading but also an opportunity to prepare an
intelligent answer. This is to avert the danger where the opposing party will find difficulty in
squarely meeting the issues raised against him and plead the corresponding defenses which if
not timely raised in the answer will be deemed waived. The proper preparation of an
intelligent answer requires information as to the precise nature, character, scope and extent of
the cause of action in order that the pleader may be able to squarely meet the issues raised,
thereby circumscribing them within determined confines and preventing surprises during the
trial, and in order that he may set forth his defenses which may not be so readily availed of if
the allegations controverted are vague, indefinite, uncertain or are mere general conclusions.
The latter task assumes significance because defenses not pleaded (save those excepted in Sec.
2, Rule 9, and whenever appropriate, the defenses of prescription) in a motion to dismiss or in
the answer are deemed waived (Republic vs. Sandiganbayan, GR 115748, Aug. 7, 1996).

9. Motion Of Course

A motion for a certain kind of relief or remedy to which the movant is entitled as a matter of
right, and not as a matter of discretion on the part of the court. Moreover, the allegations
contained in such a motion do not have to be investigated or verified. An example would be a
motion filed out of time, because this motion may be disposed of the court on its own initiative.
Another example would be a motion to sell certain property after the period given by the court
to the debtor to pay has elapsed, and such previous order had specified that the property be
sold in case of default (Govt. Vs. Delos Cajigas, 55 Phil. 669).

10. Motion

A motion is an application for relief other than by a pleading (Sec. 1, Rule 15).
A motion is not a pleading, even when reduced to writing; it relates generally to procedural
matters, unlike pleadings which generally states substantial questions (37 Am. Jur. 502).
Moreover, a motion is not an independent remedy, and thus cannot replace an action to enforce
a legal right (Lyon vs. Smith, 66 Mich. 676).
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By: Glaiza T. Dimapilis Page 15
N.
1. Notarization Notarization is not empty, meaningless, routinary act; it is infested with substantial
public interest such that only those who are qualified or authorized may act as notaries
public. (Arrieta v. Llosa, 282 scra 248, november 28, 1997)
2. Nature Of The
Office Of An
Attorney At Law
The nature of the office of an attorney at law requires that she shall be a person of good
moral character. This qualification is not only a condition precedent to an admission to
the practice of law; its continued possession is also essential for remaining in the
practice of law. People vs. Tuanda, adm. Case no. 3360 (jan. 30, 1990)
3. Non-Profesisonal
Misconduct
Misconduct indicative of moral unfitness, whether relating to professional or
nonprofessional matters, justifies suspension or disbarment. X x x an attorney may be
removed or otherwise disciplined “not only for malpractice and dishonesty in his
profession, but also for gross misconduct not connected with his professional duties,
which showed him unfit for the office and unworthy of the privileges which his license
and the law confer to him.” Lizaso vs. Amante, 198 scra (1991)
4. No Strike‐No
Lockout Clause
The “no strike‐no lockout” clause in the cba applies only to economic strikes. It does
not apply to ulp strikes. Hence, if the strike is founded on an unfair labor practice of the
employer, a strike declared by the union cannot be considered a violation of the no
strike clause. (master iron labor union v. Nlrc, g.r. no. 92009, feb. 17, 1993)
5. Nature of
Philippine Courts
Philippine courts are both courts of law and equity. Hence, both legal and equitable
jurisdiction is dispensed with in the same tribunal. (US v. Tamparong, 31 Phil. 321)
6. Negative Pregnant It is a form of negative expression which carries with it an affirmation or at least an
implication of some kind favorable to the adverse party. It is a denial pregnant with an
admission of the substantial facts alleged in the pleading. Where a fact is alleged with
qualifying or modifying language and the words of the allegation as so qualified or
modified are literally denied, the qualifying circumstances alone are denied while the
fact itself is admitted (Republic vs. Sandiganbayan, GR 1512154, July 15, 2003).
7. Notice of pre-trial Notice of pre-trial is so important that it would be grave abuse of discretion for the
court for example, to allow the plaintiff to present his evidence ex parte for failure of
the defendant to appear before the pre-trial who did not receive through his counsel a
notice of pre-trial. Accordingly, there is no legal basis for a court to consider a party
notified of the pre-trial and to consider that there is no longer a need to send notice of
pre-trial merely because it was his counsel who suggested the date of pre-trail (Agulto
vs. Tucson, 476 SCRA 395).
8. Nature of probate
proceeding
Probate of a will is a proceeding in rem. It cannot be dispensed with and substituted by
another proceeding, judicial or extrajudicial, without offending public policy. It is
mandatory as no will shall pass either real or personal property unless proved and
allowed in accordance with the Rules. It is imprescriptible, because it is required by
public policy and the state could not have intended to defeat the same by applying
thereto the statute of limitation of actions (Guevara vs. Guevara, 74 Phil. 479).
9. Neypes Doctrine
in Criminal Cases
If the motion is denied, the movants has a fresh period of 15 days from receipt or
notice of the order denying or dismissing the motion for reconsideration within which
to file a notice to appeal. This new period becomes significant if either a motion for
reconsideration or a motion for new trial has been filed but was denied or dismissed.
This fresh period rule applies only to Rule 41 governing appeals from the RTC but also
to Rule 40 governing appeals from MTC to RTC, Rule 42 on petitions for review from
the RTC to the CA, Rule 43 on appeal from quasi-judicial agencies to the CA, and Rule
45 governing appeals by certiorari to the SC. Accordingly, this rule was adopted to
standardize the appeal periods provided in the Rules to afford fair opportunity to
review the case and, in the process, minimize errors of judgment. Obviously, the new
15 day period may be availed of only if either motion is filed; otherwise, the decision
becomes final and executory after the lapse of the original appeal period provided in
Rule 41 (Neypes vs. CA, GR 141524, Sept. 14, 2005).
10. New Trial

In Distilleria Limtuaco vs. CA, 143 SCRA 92, it was said that the period for filing a
motion for new trial is within the period for taking an appeal.

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O.
1. Opinion Of The
Court
An Opinion Of The Court Is The Informal Expression Of The Views Of The Court And
Cannot Prevail Against Its Final Order. The Opinion Of The Court Is Contained In The
Body Of The Decision That Serves As A Guide Or Enlightenment To Determine The
Ratio Decidendi Of The Decision. The Opinion Forms No Part Of The Judgment Even If
Combined In One Instrument, But May Be Referred To For The Purpose Of Construing
The Judgment (Contreras V. Felix, G.R. No. L-477, June 30, 1947).
2. Omnibus Motion
Rule
Defenses and objections that are not pleaded in a MOTION TO DISMISS or in the
answer are deemed waived. These defenses may be raised at any stage of the
proceedings even for the first time on appeal EXCEPT that lack of jurisdiction over the
subject matter may be barred by laches. (Tijam vs. Sibonghanoy).
3. Ordinance An ordinance is enacted by the local legislative council authorizing the local chief
executive, in behalf of the LGU, to exercise the power of eminent domain or pursue
expropriation proceedings over a particular private property. (SPOUSES ANTONIO V
CA)
4. Opinion Rule (1) General rule: the opinion of a witness is not admissible. Upon the question of the
existence or non-existence of any fact in issue, whether a main fact or evidentiary fact,
opinion evicence as to its existence or nonexistence is inadmissible. The witness must
testify to facts within their knowledge and may not state their opinion, even on their
cross-examination. (2) Exceptions: opinion of expert witness under Sec. 49, and
opinion of ordinary witnesses under Sec. 50 (Sec. 48, Rule 130): (a) On a matter
requiring special knowledge, skill, experience or training which he possesses, that is,
when he is an expert thereon; (b) Regarding the identity or the handwriting of a
person, when he has knowledge of the person or handwriting, whether he is an
ordinary or expert witness (Sec. 22, Rule 132); (c) On the mental sanity or a person, if
the witness is sufficiently acquainted with the former or if the latter is an expert
witness; (d) On the emotion, behavior, condition or appearance of a person which he
has observed; and (e) On ordinary matters known to all men of common perception,
such as the value of ordinary household articles (Galian vs. State Assurance Co., 29
Phil. 413).
5. Opinion Of Expert
Witness
Before one may be allowed to testify as an expert witness, his qualification must first
be established by the party presenting him, i.e., he must be shown to possess the
special skill or knowledge relevant to the question to which he is to express an
opinion (People vs. Fundano, 291 SCRA 356).
6. Oversight Power
Of The Congress
The power of oversight embraces all activities undertaken by Congress to enhance its
understanding of and influence over the implementation of legislation it has enacted.
It concerns post‐enactment measures undertaken by Congress. (Macalintal v.
COMELEC, G.R. No. 157013 July 10, 2003, [Separate opinion of Justice Puno])
7. Operative Fact
Doctrine
It is a rule of equity. Under this doctrine, the law is recognized as unconstitutional but
the effects of the unconstitutional law, prior to its declaration of nullity, may be left
undisturbed as a matter of equity and fair play. (League of Cities of the Philippines v.
COMELEC, G.R. No. 176951, Nov. 18, 2008)
8. Obiter Dictum An obiter dictum has been defined as an opinion expressed by a court upon some
question of law which is not necessary to the decision of the case before it. It is a
remark made, or opinion expressed, by a judge, in his decision upon a cause, “by the
way,” that is, incidentally or collaterally, and not directly upon the question before
him, or upon a point not necessarily involved in the determination of the cause, or
introduced by way of illustration, or analogy or argument. Such are not binding as
precedent. (FRANCISCO N. VILLANUEVA, JR., vs. THE HON. COURT OF APPEALS
and ROQUE VILLADORES G.R. No. 142947)
9. Obstruction Of
Justice
knowingly or wilfully obstructs, impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of criminal cases (Posadas V. Hon.
Ombudsman Dizon G.R. No. 131492)
10. Original
Jurisdiction
A court is one with original jurisdiction when actions or proceedings are originally
filed with it. (CSC V. CA G.R. No. 176162)

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By: Glaiza T. Dimapilis Page 17
P.
1. Petition For Relief A petition for relief raises questions of facts on fraud, accident, mistake, or
excusable negligence, which are beyond the concerns of this court (Purcon V.
Mrm Philippines Inc., Gr No. 182718, September 26, 2008).
2. Preliminary
Attachment

It is a provisional remedy issued upon order of the court where an action is
pending to be levied upon the property of the defendant for the same to be
held by the sheriff as security for the satisfaction of whatever judgment may
be rendered in the case ( Davao Light And Power, Inc.V. Ca, 204 Scra 343).
3. Preliminary
Injunction
To prevent future injury and maintain the status quo. (Kencht V. Ca, G.R. No.
97962, Nov. 17, 1993)
4. Pro Forma Party One who is joined as a plaintiff or defendant, not because such party has any
real interest in the subject matter or because any relief is demanded, but
merely because the technical rules of pleadings require the presence of such
party on the record. (Samaniego Vs. Agulia, G.R. No. 125567, June 27,
2000)

5. Procedural Rule

Is the judicial process for enforcing rights and duties recognized by
substantive law and for justly administering remedy and redress for their
disregard or infraction.
(Fabian V. Desierto, G.R. No. 129742, Sept. 16, 1998)
6. Psychological
Incapacity
The intendment of the law has been to confine the meaning of "psychological
incapacity" to the most serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to give meaning and
significance to the marriage. (Santos V. Ca, G.R. No. 112019, Jan. 4, 1995)
7. Pater Familias The supreme court described a good father of a family by first stating who is
not. He is not and is not supposed to be omniscient of the future; rather, he is
one who takes precautions against any harm when there is something before
him to suggest or warn him of the danger or to foresee it (Picart V. Smith,
G.R. No. L‐12406, Mar. 15, 1918).
8. Practice Of Law Any activity, in or out of court, which requires the application of law, legal
Procedure, knowledge, training and experience. To engage in the practice of
law is to give notice or render any kind of service, which device or service
requires the use in any degree of legal Knowledge or skill (Cayetano V.
Monsod, 201 Scra 210).
9. Parol Evidence Rule The parol evidence rule forbids any addition to . . . the terms of a written
instrument by testimony purporting to show that, at or before the signing of
the document, other or different terms were orally agreed upon by the
parties.
Although parol evidence is admissible to explain the meaning of a contract,
"it cannot serve the purpose of incorporating into the contract additional
contemporaneous conditions which are not mentioned at all in the writing
unless there has been fraud or mistake." (ORTAÑES V. CA)
10. Plea Bargaining Plea bargaining in criminal cases is a process whereby the accused and the
prosecution work a mutually satisfactory disposition of the case subject to
court approval. It usually involves the defendant’s pleading guilty to a lesser
offense or to only one or some of the counts of a multi- count indictment in
return for a lighter sentence than that for the graver charge (Daan V.
Sandiganbayan Gr No. 163972-77, March 28, 2008).


Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 18
Q.
1. Quasi In Rem Deals with the stauts, ownership or liability of a particular property but which are
intended to operate on these questions only as between the particular parties to
the proceedings and not to ascertain or cut-off the rights or interests of all possible
claimants. (Domagas Vs. Jensen, 448 Scra 663)
2. Quantum Meruit
(As Much As He
Deserves)
The basis of determining the lawyer’s professional fees in the absence of a
contract, but recoverable by him from the client He shall be entitled to receive what
he merits for his services Bermejo vs. Sia, 59940-CV, September 30, 1983, IAC

3. Quo Warranto

Quo warranto is a demand made by the state upon some individual or corporation
to show by what right they exercise some franchise or privilege appertaining to the
state which, according to the Constitution and laws they cannot legally exercise by
virtue of a grant and authority from the State (44 Am. Jur. 88-89).
Accordingly, the private person may maintain the action without the intervention
of the Solicitor General and without need for any leave of court (Navarro Vs.
Gimenez, 10 Phil. 226; Cui Vs. Cui, 60 Phil. 37).
4. Quantum Of
Evidence
In the hierarchy of evidentiary values, the highest is proof beyond reasonable
doubt, followed by clear and convincing evidence, preponderance of evidence, and
substantial evidence, in that order (Manalo Vs. Roldan-Confessor, 215 SCRA
808; ERB Vs. CA, 357 SCRA 30 [2001]).

5. Quantitative Test
(In Amendment
Or Revision)
Asks whether the proposed change is so extensive in its provisions as to change
directly the ‘substantial entirety’ of the Constitution by the deletion or alteration of
numerous existing provisions. One examines only the number of provisions
affected and does not consider the degree of the change. Lambino V. Comelec, G.R.
No. 174153, Oct. 25, 2006)
6. Qualitative Test
(In Amendment
Or Revision)

Whether the change will accomplish such far reaching changes in the nature of our
basic governmental plan as to amount to a revision. (Lambino v. Comelec, G.R. No.
174153, Oct. 25, 2006)
7. Qualified
Political Agency

It means that the acts of the secretaries of the Executive departments performed
and promulgated in the regular course of business are presumptively the acts of
the Chief Executive. (Villena v. Secretary of the Interior, G.R. No. L‐46570, April
21, 1939)

8. Questions That
Are Political
Those questions which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary authority has been
delegated to the legislative or executive branch of the government. (Tañada v.
Cuenco, G.R. No. L‐10520, February 28, 1957)
9. Quasi Judicial
Power
The power of the administrative agency to adjudicate the rights of persons before
it. It is the power to hear and determine questions of fact to which the legislative
policy is to apply and to decide in accordance with the standards laid down by the
law itself in enforcing and administering the same law. The administrative body
exercises its quasi-judicial power when it performs in a judicial manner an act
which is essentially of an executive or administrative nature, where the power to
act in such manner is incidental to or reasonably necessary for the performance of
the executive or administrative duty entrusted to it. In carrying out their quasi-
judicial functions the administrative officers or bodies are required to investigate
facts or ascertain the existence of facts, hold hearings, weigh evidence,
and draw conclusions from them as basis for their official action and exercise of
discretion in a judicial nature. (G.R. No. 192935 — Louis ‘Barok’ C. Biraogo
Versus The Philippine Truth Commission Of 2010)
10. Quieting Of Title To put an end to troublesome litigation with respect to the property involved
(Tijam v Sibonghanoy, L‐21450, Apr. 15, 1968)
Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 19
R.
1. Rendition Of
Judgment
Rendition of judgment is the filing of the same with the clerk of court. It is not the
pronouncement of the judgment in open court that constitutes the rendition. Even if
the judgment has already been put in writing and signed, it is still subject to
amendment if it has not yet been filed with the clerk of court and before its filing does
not yet constitute the real judgment of the court (Ago Vs. Ca, 6 Scra 530). It is not the
writing of the judgment or its signing which constitutes rendition of the judgment
(Castro Vs. Malazo, 99 Scra 164).
2. Residual
Jurisdiction
The term refers to the authority of the trial court to issue orders for the protection
and preservation of the rights of the parties. (Fernandez V. Ca, 458 Scra 454).
3. Right Of
Redemption

Right of the debtor, his successor in interest or any judicial creditor or judgment
creditor of said debtor or any person having a lien on the property subsequent to the
mortgage or deed of trust under which the property is sold to redeem the property
within 1 year from the registration of the sheriff’s certificate of foreclosure sale.
(Government Insurance System V. Cfi Of Iloilo, G.R. No. 45322, July 5, 1989).

4. Right To
Information And
Access To Public
Records
The sc has held in Chavez V. Pea And Amari (G.R. No. 133250, July 9, 2002) that the
right to information contemplates inclusion of negotiations leading to the
consummation of the transaction. This covers information on matters of public
concern. It pertains to access to official records, documents and papers pertaining to
official acts, transactions or decisions, as well as to government research data used as
basis for policy development.
5. Right To Bail The right to bail may be invoked once detention commences even if no formal charges
have yet to be filed. (Teehankee V. Rovira, G.R.No. L‐101, Dec. 20, 1945)
6. Right Against
Self‐Incrimination
The right is available not only in criminal prosecutions but also in all other
government proceedings, including civil actions and administrative or legislative
investigations that possess a criminal or penal aspect—but not to private
investigations done by private individual (Bpi Vs. Casa, 430 Scra 261). It may be
claimed not only by the accused but also by any witness to whom a question calling
for an incriminating answer is addressed.

7. Real Party-in-
Interest
Is the party who stands to be benefited or injured by the judgment in the
Suit, or the party entitled to the avails of the suit (sec. 2, rule 3). The interest must be
real, which is a present substantial interest as distinguished from a mere expectancy
or a future, contingent subordinate or consequential interest (Fortich Vs. Corona,
289 Scra 624)

8. Res Judicata

Res judicata as a ground for dismissal is based on two grounds, namely: (a) public
policy and necessity, which makes it to the interest of the State that there should be
an end to litigation (republicae ut sit litium); and (b) the hardship on the individual of
being vexed twice for the same cause (nemo debet bis vexari et eadem causa).
Accordingly, courts will simply refuse to reopen what has been decided. They will not
allow the same parties or their privies to litigate anew a question once it has been
considered and decided with finality. Litigations must end and terminate sometime
and somewhere. The effective and efficient administration of justice requires that
once a judgment has become final, the prevailing party should not be deprived of the
fruits of the verdict by subsequent suits on the same issues filed by the same parties
(Fells, Inc. Vs. Prov. Of Batangas, Gr 168557, Feb. 19, 2007).
9. Remedial Law The Concept Of Remedial Law Lies At The Very Core Of Procedural Due Process,
Which Means A Law Which Hears Before It Condemns, Which Proceeds Upon Inquiry
and Renders Judgment Only After Trial, And Contemplates An Opportunity To Be
Heard Before Judgment Is Rendered (Albert V. University Publishing)
10. Replevin Replevin or delivery of personal property consists in the delivery, by order of the
court, of personal property by the defendant to the plaintiff, upon the filing of a bond.
(Calo v. Roldan,76 phil. 445 [1946])

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By: Glaiza T. Dimapilis Page 20
S.
1. Strict Neutrality
Approach
It is not hostile in religion, but it is strict in holding that religion may not be used
as a basis for classification for purposes of governmental action, whether the
action confers rights or privileges or imposes duties or obligations. Only secular
criteria may be the basis of government action. It does not permit, much less
require accommodation of secular programs to religious belief. (Estrada V.
Escritor, A.M. No. P‐02‐1651, June 22, 2006)
2. Summary Judgment A summary judgment or accelerated judgment is a procedural technique to
promptly dispose of cases where the facts appear undisputed and certain from
the pleadings, depositions, admissions and affidavits on record, of 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. (Monterey Foods Corp. Vs. Eserjose,
Gr 153126, Sept. 11, 2003)
3. Summons It is the writ by which the defendant is notified of the action brought against him
(gomez vs. Court of appeals, g.r. no. 127692, march 10, 2004).
4. Serious Misconduct Exists when the judicial act complained of is corrupt or inspired by an
Intention to violate the law or a persistent disregard of well-known legal rules.
(galangi vs. Macli-ing, adm. Matter no. 75-dj, jan. 17, 1978)
5. Separation Of
Powers
The doctrine of separation of powers imposes upon the courts proper restraint
born of the nature of their functions and of their respect for the other
departments in striking down acts of the legislature as unconstitutional.
(Francisco, Jr. V. The House Of Representatives, G.R. No. 160261, Bellosillo J.,
Separate Opinion, November 10, 2003)
6. “Stop‐And‐Frisk”
Search
It is a limited protective search of outer clothing for weapons. Probable cause is
not required but a genuine reason must exist in light of a police officer’s
experience and surrounding conditions to warrant the belief that the person
detained has weapons concealed. (Malacat V. Ca, G.R. No. 123595, Dec. 12,
1997)
7. State Partnership
Theory
It is the basis of the government in taxing income. It emanates from its
partnership in the production of income by providing the protection, resources,
incentive and proper climate for such production. (Cir V. Lednicky, G.R. Nos. L-
18169, L-18262 & L-21434, July 31, 1964)

8. Severance Test


Income Is Recognized When There Is Separation Of Something Which Is Of
Exchangeable Value. (Eisner V. Macomber, 252 Us 189 [1920])

9. Splitting a Single
Cause of Action
It is the act of instituting two or more suits for the same cause of action (Sec. 4,
Rule 2). It is the Practice of dividing one cause of action into different parts and
making each part the subject of a Separate complaint (Bachrach vs. Icaringal, 68
SCRA 287). In splitting a cause of action, the Pleader divides a single cause of
action, claim or demand into two or more parts, brings a suit for One of such parts
with the intent to reserve the rest for another separate action (Quadra vs. CA, GR
147593, July 31, 2006)
10. Separate (Legal)
Personality (Corpo
Law)
It is a well‐settled doctrine that a corporation has a personality distinct and
separate from its individual stockholders or members (Cruz vs. Dalisay, a.m. no.
R‐181‐p, july 31, 1987).




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By: Glaiza T. Dimapilis Page 21
T.
1. Temporary
Restraining
Order

Specie of preliminary injunction to maintain status quo before the resolution of
the writ of preliminary injunction on the ground of irreparable injury
Injury is irreparable if it is not susceptible to mathematical computation (DFA
AND BSP V. FALCON AND BCA INT’L CORP., G.R. NO. 176657, SEPTEMBER 1,
2010)
2. Test Of
Negligence
The test is: would a prudent man, in the position of the tortfeasor, foresee harm to
the person injured as a reasonable consequence of the course about to be
pursued? If so, the law imposes a duty on the actor to take precaution against its
mischievous results, and failure to do so constitutes negligence. (PICART V.
SMITH, G.R. NO. L‐12219, MAR. 15, 1918.)
3. Treachery Treachery (aleviosa) refers to the employment of means, method, or form in the
commission of the crime which tend directly and specially to insure its execution
without risk to himself arising from the defense which the offended party might
make. (People V. Pansensoy, G.R. No. 140634, Sept. 12, 2002)

4. Trial


A trial is the judicial process of investigating and determining the legal
controversies, starting with the production of evidence by the plaintiff and ending
with his closing arguments (Acosta Vs. People, 5 SCRA 774).

5. Taxation “Without taxes, the government would be paralyzed for lack of motive power to
activate and operate it. Hence, despite the natural reluctance to surrender part of
one’s earned income to the taxing authorities, every person who is able must
contribute his share in the running of the government.” (CIR V. Algue, G.R. No. L-
28896, February 17, 1988)
6. Trial In Absentia Trial in absentia is allowed only after arraignment;
(b) Judgment is generally void if the accused has not been arraigned;
(c) There can be no arraignment in absentia;
(d) If the accused went to trial without arraignment, but his counsel had the
opportunity to cross-examine the witnesses of the prosecution and after
prosecution, he was arraigned, the defect was cured (People Vs. Atienza, 86
Phil. 576).
7. Tax Avoidance Tax avoidance is the tax saving device within the means sanctioned by law. This
method should be used by the taxpayer in good faith and at arms length. (BIR V.
Benigno Toda)
8. Tax Evasion Tax evasion, on the other hand, is a scheme used outside of those lawful means
and when availed of, it usually subjects the taxpayer to further or additional civil
or criminal liabilities. (BIR V. Benigno Toda)
9. Tax Planning Tax planning is by definition to reduce, if not eliminate altogether, a tax. Surely
petitioner [sic] cannot be faulted for wanting to reduce the tax from 35% to 5%.
(BIR V. Benigno Toda)
10. Temporary
Injunction
issued precisely to prevent threatened or continuous irremediable injury to some
of the parties before their claims can be thoroughly studied or adjudicated – to
preserve the status quo until the merits of the case can be heard fully. Still, even if
it is a temporary and ancillary remedy, its issuance should not be trifled with, and
an applicant must convincingly show its entitlement to the relief. St. James
College of Paranaque v. Equitable PCI Bank



Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 22
U.
1. Ultimate Facts They refer to the essential facts of the claim. A fact is essential if it cannot be
stricken out without leaving the statement of the cause of action insufficient.
(Ceroferr Realty Corporation Vs. Court Of Appeals, 376 Scra 144)

2. Ut Magis Valeat Quam
Pereat


The constitution has to be interpreted as a whole. (Francisco V. Hr, G.R. No.
160261, Nov. 10, 2003)

3. Use By The Public At
Large
Whatever may be beneficially employed for the general welfare satisfies the
requirement. Moreover, that only few people benefits from the expropriation
does not diminish its public‐use character because the notion of public use
now includes the broader notion of indirect public benefit or
advantage.(Manosca V. Ca, G.R. 166440, Jan. 29, 1996).
4. Ultra Vires Acts 1. Acts done beyond the powers of the corporation (through bod)
2. Ultra vires acts by corporate officers
3. Acts or contracts which are per se illegal as being contrary to law.
(Gamboa Vs. Victoriano, G.R. No. L‐43324. May 5, 1979)
5. Unconstitutionality In determining whether or not a statute is unconstitutional, the Court does not
lose sight of the presumption of validity accorded to statutory acts of
Congress. In Fariñas v. The Executive Secretary. Every statute is presumed
valid. The presumption is that the legislature intended to enact a valid,
sensible and just law and one which operates no further than may be
necessary to effectuate the specific purpose of the law. Every presumption
should be indulged in favor of the constitutionality and the burden of proof is
on the party alleging that there is a clear and unequivocal breach of the
Constitution.
6. Undue Influence Undue and improper pressure and influence on the part of the beneficiary or
of some other person (Ajero V. Ca G.R. No. 106720)
7. Unconscionable
Contract In exercising this power to determine what is iniquitous and unconscionable,
courts must consider the circumstances of each case since what may be
iniquitous and unconscionable in one may be totally just and equitable in
another. (Macalinao V. BPI G.R. No. 175490
8. Unlawful Detainer Summary proceedings designed to provide expeditious means to protect
actual possession or the right to possession of the property involved.
[14]
the
only question that the courts resolve in ejectmentproceedings is: who is
entitled to the physical possession of the premises, that is, to the possession de
facto and not to the possession de jure. It does not even matter if a party’s title
to the property is questionable. (Carbonilla v. Abiera g.r. no. 177637)

9. Usufractuary
Usufruct, in essence, is nothing else but simply allowing one to enjoy another’s
property. It is also defined as the right to enjoy the property of another
temporarily, including both the jus utendi and the jus fruendi, with the owner
retaining the jus disponendi or the power to alienate the same. (Moralidad V.
Pernes G.R. No. 152809
10. Usurpation
The requisites of usurpation are that the accused took possession of another’s
real property or usurped real rights in another’s property; that the possession
or usurpation was committed with violence or intimidation and that the
accused had animo lucrandi. In order to sustain a conviction for "usurpacion de
derecho reales," the proof must show that the real property occupied or
usurped belongs, not to the occupant or usurper, but to some third person, and
that the possession of the usurper was obtained by means of intimidation or
violence done to the person ousted of possession of the property (Quinao V.
People of the Phils. G.R. No. 139603
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By: Glaiza T. Dimapilis Page 23
V.
1. Voyage Charter A voyage charter is a contract wherein the ship was leased for a single voyage for the
conveyance of goods, in consideration of the payment of freight. The shipowner retains
the possession, command and navigation of the ship, the charterer merely having use of
the space in the vessel in return for his payment of freight. An owner who retains
possession of the ship remains liable as carrier and must answer for loss or non‐delivery
of the goods received for transportation. (Cebu Salvage Corp. Vs. Philippine Home
Assurance Corp., G.R. No. 150403, Jan. 25, 2007)

2. Venue

Venue is the place or the geographical area where an action is to be filed and tried. In civil
cases, it relates only to the place of the suit and not to the jurisdiction of the court (Manila
Railroad Company Vs. Attorney General, 20 Phil. 523).
3. Verification A verification of a pleading is an affirmation under oath by the party making the pleading
that he is prepared to establish the truthfulness of the facts which he has pleaded based
on his own personal knowledge.
It is, however, been held that the absence of a verification or the non-compliance with the
verification requirement does not necessarily render the pleading defective. It is only a
formal and not a jurisdictional requirement. The requirement is a condition affecting only
the form of the pleading (Sarmeinto Vs. Zaratan, GR 167471, Feb. 5, 2007).
4. Voluntary
appearance
Voluntary appearance is any appearance of the defendant in court, provided he does not
raise the question of lack of jurisdiction of the court (Flores Vs. Zurbito, 37 Phil. 746;
Carballo Vs. Encarnacion, 92 Phil. 974). It is equivalent to service of summons (Sec. 20).
5. Veto in
Legislative
Legislative veto is a statutory provision requiring the President or an administrative
agency to present the proposed IRR of a law to Congress which, by itself or through a
committee formed by it, retains a “right” or “power” to approve or disapprove such
regulations before they take effect. As such, a legislative veto in the form of a
congressional oversight committee is in the form of an inward‐turning delegation
designed to attach a congressional leash to an agency to which Congress has by law
initially delegated broad powers. It radically changes the design or structure of the
Constitution’s diagram of power as it entrusts to Congress a direct role in enforcing,
applying or implementing its own laws. Thus, legislative veto is not allowed in the
Philippines. (ABAKADA Guro Party‐list v. Purisima, G.R. No. 166715, Aug. 14, 2008)
6. Veto power of
the President
What the president may validly veto is only a bill and neither the provisions of law 35
years before his term nor a final and executory judgment of the Supreme Court. (Bengzon
v. Drilon, G.R. No. 103524, April 15, 1992)
7. Vagrancy The offense consists in general worthlessness; that is to say, in being idle, and though able
to work, refusing to do so, and living without labor, or on the charity of others (US V.
Molina)
8. Vicarious
Liability
(Registered
Owner)
The rationale for the rule that a registered owner is vicariously liable for damages caused
by the operation of his motor vehicle is explained by the principle behind motor vehicle
registration, which has been discussed by this Court in Erezo. As explained by this Court
in Erezo, the general public policy involved in motor vehicle registration is the protection
of innocent third persons who may have no means of identifying public road malefactors
and, therefore, would find it difficult – if not impossible – to seek redress for damages they
may sustain in accidents resulting in deaths, injuries and other damages; by fixing the
person held primarily and directly liable for the damages sustained by victims of road
mishaps, the law ensures that relief will always be available to them. (Filcar V. Espinas)
9. Void Contract An absolutely simulated or fictitious contract is void. A relative simulation, when it does
not prejudice a third person and is not intended for any purpose contrary to law, morals,
good customs, public order or public policy binds the parties to their real agreement.
(Policronio V. Liberato G.R. No. 165748)
10. Voidable
Contract
Article 1390, in relation to Article 1391 of the Civil Code, provides that if the consent of
the contracting parties was obtained through fraud, the contract is considered voidable
and may be annulled within four (4) years from the time of the discovery of the fraud.
Once a contract is annulled, the parties are obliged under Article 1398 of the same Code to
restore to each other the things subject matter of the contract, including their fruits and
interest. (Fernando V. Continental Airlines)
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By: Glaiza T. Dimapilis Page 24

W.
1. Writ Of Prohibition It is a preventive remedy. Its function is to restrain the doing of some act about to be
done. It is not intended to provide a remedy for acts already accomplished. If the thing
be already done, the writ of prohibition cannot undo it (Agustin V. De La Fuente, G.R.
No. L-2345, Aug. 31, 1949).
2. Willful
Disobedience Of
Any Lawful Order
Or Superior Court
A lawyer who is directed to do something, such as surrender records, to appear as
counsel De oficio, to comment on a matter pending with the court, may be disciplined
for wilful Disobedience of the order (Santos vs. CA, 198 SCRA 806).
3. Writ Of Habeas
Corpus
Writ of habeas corpus is a writ which has been esteemed to the best and only
sufficient defense of personal freedom having for its object the speedy release by
judicial decree of persons who are illegally restrained of their liberty, or illegally
detained from the control of those who are entitled to their custody
Bernarte vs. CA, 75 SCAD 400 [Oct. 18, 1996)
4. Waiver Of
Immunity Of A State
1. Express consent of the State may be manifested through general or special law.
Note: Solicitor General cannot validly waive immunity from suit. Only the Congress
can (Republic v. Purisima, G.R. No. L‐36084, Aug.31, 1977).
2. Implied consent is given when the State itself commences litigation or when it
enters into a contract. There is an implied consent when the state enters into a
business contract. (US v. Ruiz, G.R. No. L‐35645 May 22, 1985)

5. Writ Of Amparo The writ of amparo originated in Mexico. “Amparo” literally means “protection” in
Spanish. In 1837, de Tocqueville’s Democracy in America became available
inmexico and stirred great interest. Its description of the practice of judicial review in
the U.S. appealed to many Mexican jurists.
[
One of them, Manuel Crescencio Rejón,
drafted a constitutional provision for his native state, Yucatan, which granted judges
the power to protect all persons in the enjoyment of their constitutional and legal
rights. (The National Secretary of Defense V. Manalo G.R. No. 180906)
6. Writ Of Habeas
Data
The writ of habeas data is an independent and summary remedy designed to protect
the image, privacy, honor, information, and freedom of information of an individual,
and to provide a forum to enforce one’s right to the truth and to informational
privacy. It seeks to protect a person’s right to control information regarding oneself,
particularly in instances in which such information is being collected through
unlawful means in order to achieve unlawful ends. (Gamboa V. Chan G.R. No.
193636)
7. Writ Of Attachment A plaintiff or any proper party may, at the commencement of the action or at any time
thereafter, have the property of the adverse party attached as security for the
satisfaction of any judgment. Jurisprudence teaches us that the rule on the issuance of
a writ of attachment must be construed strictly in favor of the defendant. Attachment,
a harsh remedy, must be issued only on concrete and specific grounds and not on
general averments merely quoting the words of the pertinent rules. Thus, the
applicant’s affidavit must contain statements clearly showing that the ground relied
upon for the attachment exists. (Professional Video Inc. V. TESDA G.R. No. 155504)
8. Writ Of Preliminary
Injunction
A writ of preliminary injunction is issued precisely to prevent threatened or
continuous irremediable injury to some of the parties before their claims can be
thoroughly studied or adjudicated – to preserve the status quo until the merits of the
case can be heard fully. (Hon. Eduardo Ermita v. Aldecoa-delorino g.r.
no. 177130)

9. Writ Of Habeas
Corpus For Custody
Of Minors
Writs of habeas corpus which may be issued exclusively by family courts under
Section 5(b) of RA 8369 pertain to the ancillary remedy that may be availed of in
conjunction with a petition for custody of minors under Rule 99 of the Rules of Court.
In other words, the issuance of the writ is merely ancillary to the custody case
pending before the family court. The writ must be issued by the same court to avoid
Legal Research (Legal Dictionary)
By: Glaiza T. Dimapilis Page 25
splitting of jurisdiction, conflicting decisions, interference by a co-equal court and
judicial instability. (Mandrinan V. Mandrinan G.R. No. 159374)
10. Waiver of an Illegal
Warrantless Arrest
A waiver of an illegal warrantless arrest does not also mean a waiver of the
inadmissibility of evidence seized during an illegal warrantless arrest. The
following searches and seizures are deemed permissible by jurisprudence: (1) search
of moving vehicles (2) seizure in plain view (3) customs searches (4) waiver or
consent searches (5) stop and frisk situations (Terry Search) and (6) search incidental
to a lawful arrest. The last includes a valid warrantless search and seizure pursuant
to an equally valid warrantless arrest, for, while as a rule, an arrest is considered
legitimate if effected with a valid warrant of arrest, the Rules of Court recognize
permissible warrantless arrests, to wit: (1) arrests in flagrante delicto, (2) arrests
effected in hot pursuit, and, (3) arrests of escaped prisoners. G.R. No. 182010 –
SUSAN ESQUILLO Y ROMINES v. PEOPLE OF THE PHILIPPINES


Y.
Youthful Offender,
suspension of case
ART. 192. Suspension of Sentence and Commitment of Youthful Offender. — If after
hearing the evidence in the proper proceedings, the court should find that the
youthful offender has committed the acts charged against him the court shall
determine the imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall suspend all
further proceedings and shall commit such minor to the custody or care of the
Department of Social Welfare, or to any training institution operated by the
government, or duly licensed agencies or any other responsible person, until he shall
have reached twenty-one years of age or, for a shorter period as the court may deem
proper, after considering the reports and recommendations of the Department of
Social Welfare or the agency or responsible individual under whose care he has been
committed.
Upon receipt of the application of the youthful offender for suspension of his
sentence, the court may require the Department of Social Welfare and Development
to prepare and submit to the court a social case study report over the offender and
his family.
The youthful offender shall be subject to visitation and supervision by a
representative of the Department of Social Welfare and Development or any duly
licensed agency or such other officer as the Court may designate subject to such
conditions as it may prescribe. (People V. Mantalaba)