A

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 Read the rest of this entry »

B

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

  • Band

Criminal Law; An aggravating circumstance that is appreciated when there is at least four armed persons who committed the crime.

  • Bareboat (or demise) charter

Transportation Law; A contract whereby the full possession and control of a vessel is transferred to the charterer.   The charterer has to provide the crew and supplies for the vessel since it is only the vessel that is let to him by the shipowner; hence the term “bare boat.”

  • Bank

General Banking Law, Republic Act 8791; Entities regularly engaged in the lending of funds obtained in the form of deposits.

  • Bank draft

Commercial law; Banking; A bill of exchange drawn by a bank upon its correspondent bank, issued at the solicitation of a stranger who purchases and pays therefor.

  • Bargaining

Labor law; Labor relations; A process whereby parties discuss their demands and counter-demands and, after haggling, agree on what is essentially a compromise reflecting the concessions mutually given by the parties to arrive at a common misunderstanding. (Aquino vs. NLRC , 206 SCRA 126, 1992)

cf: Surface bargaining - going through the motions of negotiation without any legal intent to reach an agreement (Standard Charter Bank vs. Confessor, GR 114974, 2004)

  • Bargaining unit

Labor law; Labor relations; A “bargaining unit” has been defined as a group of employees of a given employer, comprised of all or less than all of the entire body of employees, which the collective interest of all the employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. (UP vs. Calleja G.R. No. 96189, July 14, 1992).

It is the legal collectivity for collective bargaining purposes whose members have substantially mutual bargaining interests in terms and conditions of employment as will assure to all employees their collective bargaining rights. (Belyca Corp. vs. Ferrer Calleja, 168 SCRA 184 (1988) Read the rest of this entry »