Posted by Admin | Posted in Jargon or cliche? | Posted on 02-07-2010

  • Abandonment

Family Law; A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without any intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within three months to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (Article 101, Family Code of the Philippines).pinoylegal

Labor Law; Abandonment, as a cause for valid dismissal from employment, requires the following: pinoylegal

[1] That the employee had the intention to deliberately and without justification abandon his employment or refuse to resume his work; and www.pinoylegal.com

[2] That the employee performed overt acts from which it may be deduced that he or she no longer intended to work www.pinoylegal.com

Criminal Law; Under the Revised Penal Code, the following are considered unlawful:

[1] Abandonment of persons in danger (Article 275) www.pinoylegal.com

(a) Failing to render assistance to any person whom one finds 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 www.pinoylegal.com

(b) Failing to deliver a child, under seven years of age, whom one has found abandoned, to the authorities or to his family, or to a safe place www.pinoylegal.com

[2]   Abandonment of one’s own victim – failing to help or render assistance to another whom one has accidentally wounded or injured (Article 275) www.pinoylegal.com

[3]  Abandoning a minor www.pinoylegal.com

(a) when a person abandons a child below seven years old who is under his custody (Art. 276)pinoylegal

(b) when a person in charge of the rearing or education of a minor deliver said minor to a public institution or other persons, without the consent of the one who entrusted the child to his care or in the absence of the latter, without the consent of proper authorities (Art. 277) www.pinoylegal.com

  • Aberratio ictus

Criminal Law; “mistake in the blow”; when a person intends to commit a crime upon another but he inflicts it on a person other than the intended victim, he is criminally liable based on Article 4 of the Revised Penal Code, which states that criminal liability is incurred by any person committing a felony, although the wrongful act be different from that which he intended. www.pinoylegal.com

NB: transferred intent rule – intent to kill or to cause an injury is transferred to the actual victimpinoylegal.com

  • Absolutory cause

Criminal law; An absolutory cause is present where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. (People vs. Talisic, GR No. 97961,  September 5, 1997; People vs. Oyanib, GR Nos. 130634-35,  March 12, 2001)

  • Abuse of rights principle

Civil Law; This principle is found in Article 19 of the Civil Code of the Philippines which states that “every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. For one to be indemnified under this principle, it must be shown that:

[1] there is a legal right or duty www.pinoylegal.com

[2] it is exercised or performed in bad faith

[3] for the sole intent of prejudicing or injuring another

  • Academic

Legal Terms and Phrases; A case is considered academic (usually used in the phrase “the case is moot and academic”) when a determination or decision on said case will have no practical effect on the controversy or will afford no practical relief to the parties. www.pinoylegal.com

  • Accession continua

Property; The right of the landowner to whatever has been incorporated into his property, whether naturally or artificially. www.pinoylegal.com

  • Accessory

Criminal Law; One who is neither a principal or an accomplice but has knowledge of the crime and takes part subsequent to its commission in any of the following manners (Article 19, RPC):

1) by profiting themselves or assisting the offender to profit by the effects of the crime

2) by concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery www.pinoylegal.com

3) by harboring, concealing or assisting in the escape of the principals of the crime, provided he acts with abuse of his public functions or whenever the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. www.pinoylegal.com

Civil Law; Obligations and Contracts; An accessory obligation has been defined as that attached to a principal obligation in order to complete the same or take its place in the case of breach. An accessory obligation is dependent for its existence on the existence of a principal obligation. (Social Security System vs. Moonwalk Development G.R. No. 73345, April 7, 1993) www.pinoylegal.com

  • Accommodation party

Negotiable Instruments Law; One who signs an instrument as a maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. www.pinoylegal.com

  • Accomplice

Criminal Law; One who cooperates in the commission of a crime by previous or simultaneous acts but has not taken a direct part in its execution or forced or induced another to execute it or cooperated by an indispensable act. (Article 18, Revised Penal Code)www.pinoylegal.com

  • Accion interdictal

Remedial Law; A remedy to recover possession of real property which may be filed with the MTC or MeTC within one (1) year from the date of actual entry (in case of action for forcible entry) or from the date of the last demand (in case of action for unlawful detainer) www.pinoylegal.com

  • Accion Publiciana

Remedial Law; An action to recover possession of real property which may be filed with the RTC when the unlawful entry to or detention of the property happened more than one (1) year ago www.pinoylegal.com

  • Accion reivindicatoria

Remedial Law; An action to recover possession of real property based on a claim of title and not merely on a right of possession.www.pinoylegal.com

  • Accretion

Property; The gradual and imperceptible accumulation of land due to natural causes. There are two kinds: (1) Alluvium, and (2) Avulsion. www.pinoylegal.com

  • Act of God

Obligations and contracts; An event which is unforeseen or although foreseen, is unavoidable or inevitable arising out of natural causes and not of man’s will. In Spanish law, this is called caso fortuito. The occurrence of this event may excuse one from the performance of his obligation when its performance is rendered impossible. pinoylegal

  • Action

Remedial Law; A civil action is one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. www.pinoylegal.com

  • Actionable document

Remedial Law, Evidence; A document which is the basis of a cause of action or defense of a party against another. www.pinoylegal.com

  • Ad litem

Legal terms and phrases; It means for the suit or action. www.pinoylegal.com

  • Adhesion contract

Civil Law, Commercial Law; A contract of adhesion is one in which one of the contracting parties imposes a ready-made form of contract which the other party may accept or reject, but cannot modify. One party prepares the stipulation in the contract, while the other party merely affixes his signature or his “adhesion” thereto, giving no room for negotiation and depriving the latter of the opportunity to bargain on equal footing.  (Polotan Sr. vs. Court of Appeals, GR No. 119379, September 25, 1998 citing Philippine Commercial International Bank v. CA 255 SCRA 299) This type of contract is not necessarily invalid but courts may declare it as such when it is clearly shown to be one-sided. www.pinoylegal.com

  • Admission

Evidence; A statement, direct or implied, of facts pertinent to the issue and tending, in connection with proof of other facts, to prove one’s guilt. www.pinoylegal.com

An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. (Section 4, Rule 129) www.pinoylegal.com

  • Adultery

Criminal Law; A crime committed by a woman by having sex with a man other than her husband. The man who had intercourse with the woman, knowing her to be married, is also guilty of adultery.  www.pinoylegal.com

  • Adverse claim

Land titles and deeds; A claim of any right or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration (Section 110, Act 496) www.pinoylegal.com

  • Affinity

Civil law; Affinity is the relation that one spouse has to the blood relatives of the other spouse. It is a relationship by marriage or a familial relation resulting from marriage. It is a fictive kinship, a fiction created by law in connection with the institution of marriage and family relations. (Intestate Estate of Gonzales vda. de Carungcong vs. People of the Philippines, GR No. 181409, February 11, 2010)

  • Affirmative Defense

Civil Procedure; An allegation of new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent ot bar recovery by him. www.pinoylegal.com

The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy and any other matter by way of confession and avoidance. (Section 5b, Rule 6, 1997 Rules of Court) www.pinoylegal.com

  • Afflictive penalty

Criminal law; Afflictive penalties include reclusion perpertua, reclusion temporal, prision mayor, temporary or perpetual absolute disqualification, and temporary or perpetual absolute disqualification (Article 25, Revised Penal Code)

  • Affreightment

Transportation Law; A contract for the lease of a boat or part of it for the carriage of goods. Under such contract, the owner retains possession, navigation and command of the vessel and the charterer is free from liability to third persons in respect of the ship. (San Miguel vs. Heirs, 384 SCRA 87) www.pinoylegal.com

  • Agency

Civil Law; A contract whereby a person binds himself to render some service or to do something in representation of or on behalf of another, with the consent of authority of the latter (Article 1868, Civil Code) www.pinoylegal.com

  • Agent of a person in authority

Criminal law; 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, shall be deemed an agent of a person in authority. (Artice 152, paragraph 2) www.pinoylegal.com

  • Alevosia

Criminal Law; Aggravating circumstances; See Treachery

  • Alibi

Criminal Law; A defense of an accused which seeks to establish that he was not at the scene of the crime at the time the offense was committed. Alibi is a weak defense because it can be easily contrived. For it to be appreciated by the court, it must be shown by clear and convincing evidence that it was physically impossible for him to be at the scene at the time of its commission.  www.pinoylegal.com

  • Amicus curiae

Legal Terms and Phrases; Literally means “a friend of the court”; experienced and impartial attorneys invited by the Court to help in the disposition of issues submitted to it for resolution (Section 36, Rule 138, Philippine Rules of Court) www.pinoylegal.com

  • Ancient document rule

Evidence; A private document may be admitted without proof of its genuineness and due execution when (a) it is more than thirty (30) years old, (b) it is produced from the custody in which it would naturally be found if genuine and (c) it is unblemished by any alteration or circumstances of suspicion.  All these three requisites must be present. www.pinoylegal.com

  • Animus donandi

Words and Phrases; intent to do an act of liberality www.pinoylegal.com

  • Animus manendi

Words and Phrases; intent to remain www.pinoylegal.com

  • Animus revertendi

Words and Phrases; intent to return www.pinoylegal.com

  • Animus revocandi

Words and Phrases; intent to revoke www.pinoylegal.com

  • Archipelagic doctrine

Constitutional law; The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines (Article I, 1987 Philippine Constitution)

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