Professional Documents
Culture Documents
Oath in Litem
Oath in Litem
Oath in Litem
Oath of Office
1
party or his counsel, or against a Lat. An obligation that arises
determination by the court in the upon a contract.
course of a trial. It is most commonly
used against the ad mission of Obligatio Ex-Delicto
testimony during a trial. The usual
form of general objection to testimony Lat. Civil obligation or
is that it is ''immaterial, irrelevant and liability arising from the commission
incompetent. But the grounds of the of a crime.
objection should be stated.
Obligatio Ex-Maleficio
Objection to Evidence
Lat. Civil obligation or
Objection to evidence cannot liability arising from the commission
be raised for the first time on appeal; of a crime.
when a party desires the court to
reject the evidence offered, he must so Obligation
state in the form of objection. People
vs Aplat, 720 SCRA 260; People vs A juridical necessity to give,
Cabrera, 740 SCRA 41 to do or not to do. (Article 1156, Civil
Code)
Objection to the documentary
evidence must be made at the time it An obligation is a juridical tie
is formally offered, and not earlier. be tween two persons, by virtue of
Republic vs Sandiganbayan, 722 which one of them, the creditor, has
SCRA 211 the right to den1and of the other, the
debtor, a definite prestation. In the
Oblatio words of Manresa, it is the legal
relation established between one party
Lat. In civil law: Money which and another whereby the latter is
a debtor tender to his creditor in bound to the fulfillment a prestation
payment of the debt. which the former may demand of
him.
Oblation Elements of Obligations:
2
(2) a passive subject, who is Obligee
bound to perform the prestation,
known as the obligor or creditor; One to whom a legal duty is
(3) an object or the prestation; owed
and
(4) the efficient cause or the Obligor
juridical tie between the two subjects
by reason of which the debtor is One who is under a legal duty
bound in favor the Creditor to or obligation
perform the prestation.
Oblique View
Obligation with Period
That which is obtained from a
Obligations with a resolutory wall at an angle with the boundary
period take effect at once, but line, such that in order to see the
terminate upon arrival of the day adjoining tenement. It is necessary to
certain. A day certain is understood to put out or turn ones head to the left
be that which must necessarily come, or to the right.
although it may not be known when.
(Article 1193, Civil Code) Direct view: which is obtained
from a wall parallel to the boundary
Those whose consequences line, such that from the opening in
are subjected in one way or another to such wall it is possible to see the
the expiration of said period or term. adjoining tenement without the
(Lirag Textile Mills, Inc. vs. Court of necessity of putting out or turning
Appeals, 63 SCRA 374) one's head
3
In ecclesiastical law: The A term implied to a law
obtaining of some church privilege by which is not repealed but which is not
a false statement enforced.
Obscene
Obstructing Execution of Process
A term implied to acts or
words or representations that shock Attempting to prevent or
public ideas of sexual purity or actually preventing the execution of
modesty. The test of obscenity has lawful process. It is considered a high
been said to be whether the words offense, more particularly so where
would tend to defame the morals of the obstruction of an arrest upon
persons who would see the criminal process, in which case the
publication by suggesting lewd person opposing the arrest thereby
thoughts and exciting sensual desires becomes a party to the crime, that is,
an accessory in felony or a principal in
Such indecency as is high treason to constitute such
calculated to promote the violation of obstruction the officer must be
the law and the general corruption of prevented by actual or threatened
morals. It is indictable. The exhibition violence on the part of one having
of an obscene picture is indictable at capacity to employ it.
common law even though not charged
to have been exhibited in public, if Obstruction Of Justice
exhibited to per sons for money
Acts which tend to hinder or
Obscenity obstruct the trial of an action,
especially a criminal proceeding,
View that Roth v. United including each stage thereof.
States, 354 U.S. 476 (1957), laid down
the more reasonable and thus, more Obvention
acceptable test for obscenity: whether
to the average person, applying An incidental profit or
contemporary community standards, advantage, especially to a beneficed
the dominant theme of the material clergyman.
taken as a whole appeals to prurient
interest. Soriano vs Laguardia, 65
SCRA 254.
4
Election return that is Taking possession, or the act
statistically improbable. (Sinsuat vs. of possession, of some property,
Pendatun, 33 SCRA 630) generally land or buildings.
Occupant
Occupational Disease
One in actual possession of a
house, or some rights within a One which results from the
building or organization, like the pew nature of the employment, and by
of a church or an office. nature is meant to conditions to which
all employees of a class are subject
An actual, bona fide settler: and which produce the disease as a
Should be taken to mean the physical natural incident of a particular
possessors and does not include any occupation, and attach to that
other possessors, such as those occupation a hazard which
claiming to have constructive or legal distinguishes it from the usual run of
possession. (Barromeo vs. Lopez, CA- occupations and is in excess of the
G.R. No. 28669-R, June 26, 1964) hazard attending the employment in
general. (Me:iiez vs. Employees'
Occupant Load Compensation Commission, 97 SCRA
87)
The maximum number of
persons that may be allowed to This type of disease is
occupy a particular building, structure characterized by the fact that
or facility or portions thereof. (Rules (1) it occurs in association
and Regulations Implementing the with particular types of occupation,
Fire Code of the Philippines) and
(2) the disability due to the
injurious exposure grow gradually
over a period of time.
Occupation
5
Occupational Tax Occurrence
6
and there observe it. This process, The term applied to counsel in
traditionally known as a ''view'', has an action who may not be counsel of
been recognized as an appropriate record.
one. (Brown vs. Meralco, 20 Phil. 406.)
Of Course
Occupied Bandwidth
A proceeding involving action
The frequency bandwidth of a court or of an agency, which will
such that, below its lower and above certainly be granted, without
its upper frequency limits, the mean argument or proof.
powers radiated are each equal to
0.5% of the total mean power radiated Off-Days
by a given emission. In some cases, for
example multi channel frequency- Rest days for the worker.
division system, the percentage of (Philippine Airlines Employees
0.5% may lead to certain difficulties in Association (PALEA) vs. Philippine
the practical application of the Airlines, Inc., 70 SCRA 244)
definitions of occupied and necessary Offended Party
bandwidth; in such cases a different
percentage may prove useful. (Article In criminal law: A person to
1, Section 3, Radio Regulations.) whom a violation of law was made.
Of Age Offensive
7
offensive to the senses, something that As used in Section 35, Rules of
renders the enjoyment of life and Court: An offer of evidence means the
property hard and unbearable. statement made by the counsel, when
(People vs. Sia Huat, 2 O.G. 494) the court has sustained an objection to
the evidence presented by him, as to
what he expects to prove by the
Offer witness. In other words, the offer of
evidence should be made in reference
The proposal to enter into a to what the witness would testify, if
contract made by one person called permitted.
the offeror to another called the
offeree. All the terms of the proposed Office
contract must be contained in the
offer, so that any indication of assent A position of trust or
will be sufficient to create the contract. authority in government. All officers
An offer does not arise until it is may be deposed for misbehavior in
communicated, i.e., comes to the office. An office is not a contract with
knowledge of the offeree. It ceases to the government or the appointing or
exist when it is revoked or rejected, or electing power, and, in the absence of
when it is accepted, since it then constitutional prohibition, the term of
becomes a contract. A counter-offer by an officer may be abbreviated or
the offeree is a rejection of the offer. extended by the legislature, or the
emoluments of the office may be
An offer will expire by lapse increased or diminished during the
of a set time is such a time is stated in term. Not unfrequently, however,
the offer, or by the lapse of a there are constitutional provisions
reasonable time, if no time is preventing the increase or
indicated. What is a reason able time diminishing of emoluments of state
is determined by usage or by the officers during the term and similar
special circumstances of the case, until legislative prohibitions with respect to
offer has expired, it may be revoked local offices.
by the offeror as soon as knowledge of
its withdrawal is communicated to the The room or place in which
offeree. In the same was it may be the public officer transacts business.
revoked as soon as knowledge of the
offeree's refusal reaches the offeror. If The right, authority and duty,
the offer has expired, it can neither be created and conferred by law, by
revoked, rejected nor accepted. which for a given period either fixed
by law or enduring at the pleasure of
Offer of Evidence the creating power, an individual is
invested with some portion of the
8
sovereign functions of the The Office of the President is
government, to be exercised by him tasked to provide administrative,
for the benefit of the public. (Oliveros advisory, consultative and other
vs. Villaluz, 57 SCRA 163) support services to the President in
the latters exercise of his/her powers
and functions as Head of State and of
Office-Block Ballot the Executive Branch
9
Officers generally are bound
In criminal law: Any public to the exercise of ordinary care and
officer charged with the custody of diligence in the performance of their
papers or property sealed by proper duties whether paid or not. If paid, the
authority who breaks the seal or degree of care and diligence required
permit them to be broken constitutes a of them is increased, and they are
crime. liable personally for loss arising from
failure to perform their duties with the
Officer De Facto requisite care and diligence, and one
doing an act on behalf of a corporation
One who has the reputation of forbidden by law is liable personally
being the officer he assumes to be, and therefor. Officers of a corporation as
yet is not a good officer in point of well as the corporation itself may be
law. He must have acted as an officer held responsible for maintenance of a
for such a length of time, under color public nuisance even though that
of title and under such circumstances nuisance consists of the business of
of reputation or acquiescence by the the corporation itself.
public and pub lie authorities, as to
afford a presumption of appointment Official
or election, and induce people,
without inquiry, and relying on the The person appointed by
supposition that he is the officer he archbishop, bishop or dean, to
assumes to be, to submit or invoke his exercise ecclesiastical jurisdiction.
action. (Torres vs. Ribo, 81 Phil. 44) Sometimes used as a synonym for
officer.
Officers of Corporations
Pertaining to or in connection
Duties of: Corporation officers with the performance of a public office
have authority, in general, to perform or the status of a public officer.
such duties as customarily devolve
upon them as well as those which are Official Secrets
expressly allotted to them by the by-
laws or by statute. Acts done by them Matters which, in a public
within the scope of their usual and office, are classified by that office as
customary duties are presumed to material not to be communicated to
have been legally done, and are unauthorized persons or to the public
binding upon the corporation in the without official permission.
absence of some express prohibition in
the by-laws or elsewhere.
Official Receipts
10
Office of the Court In banking law: Only foreign
Administrator (OCA) Circular No. 22- banks or local branches of foreign
94 provides that the duplicate and banks may be authorized to operate
triplicate copies of court receipt must an offshore banking unit in the
be carbon reproduction in all respects Philippines.
of whatever may have been written in
the original. Office of the Court The OBU shall be under the
Administrator vs Pacheco, 626 SCRA supervision of the Central Bank.
686. Provisions of the Usury Law, Uniform
Currency Law and the Philippine
Officio, Ex Deposit Insurance Law shall not apply
to OBU's, except the Secrecy of Bank
Lat. Out of the office, i.e., by Deposits Law.
virtue of office. The term is in constant
use to describe certain functions Oficios De Hipoteca
which are incidental to holding office,
especially in the case of high executive Sp. During the early part of
officers, who are ex officio also the 19th century, oficios de hipoteca
members of certain boards and were under the charge of the
committees. escribano de ayuntamiento (municipal
secretary). These offices were
established to record various land
grants authorized by the Crown as
well as transactions relating thereto.
Officious Will Later, the alcaldes mayores took over
and then the escribario de cabildo.
A will in which the testator Again at a time, the functions were
does not disregard those who have a placed in certain offices known as
natural claim on his bounty. It is a contadurias, anotadurias and jusgado
descriptive, rather than a technical receptores.
term.
Oil Burning Equipment
Offshore
An oil burner of any type
An area situated off the shore together with its tank, piping, wiring
within a zone generally considered to controls, blower and related devices,
extend to three miles. (De Castro vs. and shall include all oil fired units,
Marcos, 26 SCRA 644) heating and cooking appliances.
(Rules and Regulations Implementing
Offshore Banks (OBU) the Fire Code of the Philippines).
11
[2013]
Oils
Tasked to exercise disciplinary
In ordinary parlance: authority over all elective and
Lubricants, not gasoline or kerosene.
appointive officials, save only for
(Qua Chee Gan vs. Law Union and
impeachable officers. Alejandro vs.
Rock Insurance Company, 98 Phil. 85)
Office of the Ombudsman, 695 SCRA 35
Old Age [2013]
12
in the performance of duties. Gonzales The Ombudsman shall give
vs. Office of the President, 714 SCRA 611 priority to complaints filed against
[2014] high ranking government officials
and/or those occupying supervisory
positions, complaints involving grave
Under Section 13(8), Article XI
offenses as well as complaints
of the 1987 Constitution, the
involving large sums of money and/or
Ombudsman is authorized to
properties (Sec. 15, R.A. No. 6770).
promulgate its own rules of
procedure. Casimiro vs. Rigor, 744 Omissio
SCRA 611 [2014]
Lat. Omission.
In terms of composition, Section
3 of R.A. No. 6770 defines the Omission
composition of the Office of the
Ombudsman, including in this Office A failure to perform an act
which is a legal duty.
not only the officers of the several
Deputy Ombudsmen but the Office of
A failure to insert or mention
the Special Prosecutor as well.
something in a document.
Gonzales vs. Office of the President, 714
SCRA 611 [2014] Omnia Praesumuntur Contra
Spoliatorem
THE OMBUDSMAN AND HIS
DEPUTIES, as protectors of the people Lat. Every presumption is
shall act promptly on complaints filed made against a wrongdoer
in any form or manner against officers
or employees of the Government, or of Omnia Praesumuntur Rite Et
any subdivision, agency or Solemniter Esse Acta
instrumentality thereof, including
government-owned or controlled Lat. All facts are presumed to
corporations, and enforce their have been done regularly.
administrative, civil and criminal
liability in every case where the
evidence warrants in order to promote
efficient service by the Government to Omnibus Bill
the people (Section 13, R.A. No. 6770;
see also Section 12 Article XI of the A statute which contains a
1987 Constitution). number of different bills.
13
Lat. Every innovation
A code which shall govern all occasions more harm by its novelty
election of public officers and, to the than benefit by its utility.
extent appropriate, all referenda and
plebiscites. BATAS PAMBANSA Omnis Ratihabitio Retrotra Hitur Et
BILANG 881, Section 2 Mandato Priori Eaquiparatur
14
Christian High School vs Lavandera, persons thus caring for them, such a
733 SCRA 498) contract does not constitute a
donation remuratoria but a donation
Onerari Non con causa onerosa, and is governed by
the law of contract and not that of
Lat. Not chargeable with the donation. (Carlos vs. Ramil, 20 Phil.
debt. 183)
15
In criminal law: The character To begin a trial or to be the
of a person in authority is not first to present argument to a court.
assumed or laid off at will, but To make public the contents of a
attaches to a public official until he sealed instrument, like a bid, a will or
ceases to be in office. an account.
16
equal access for purposes of
A term used of misconduct so commerce.
flagrant that any observer could notice
it and know its character. It is applied Open-End Company
especially to acts which shock public
morals like adultery. It is an investment company
which is offering for sale or has
Open City outstanding any redeemable security
of which it is the issuer.
In military law: In land
warfare, is a city within the combat
zone, which is laid open to the grasp
of the attacker's land forces by leaving Opening of Closed Documents
it undefended
In criminal law: Any public
An undefended city or town, officer who has no proper authority
one, i.e., that has no fortification opens and permits to be opened any
within or around it and no military closed papers, documents or objects
equipment to repel attack. entrusted to his custody can be
convicted of infidelity in the custody
Open Corporation of documents.
17
and positive refusal. The judgment or
order must have been legally issued.
There should be criminal intent to
Open Port defy the superior authority.
18
operation of business establishment or used instead of the decision or
undertaking. (Section 3(z), Local Tax judgment.
Code)
Opium Den
19
from the consideration for the offer;
Optima Legum Interpres Est but when the option; i.e., the
Consuetudo continuing offer is accepted, it ceases
to be an option and becomes a
Lat. Custom is the best mutually binding agreement of sale.
interpreter of the law.
Optional Dividend
20
A person who has by contract heard, or addresses itself to the sense
bound himself to keep an offer open. of hearing, not of sight. In oral
defamation, the language used must
Or be defamatory and clear so as to leave
no room for doubt that it is addressed
The term "or" has, oftentimes, to a determinate person. Although the
been held to mean, "and," or vice- defamation may be direct or indirect
versa, when the spirit or context of the or in the form of allusions, it must
law warrants it. (Gonzales vs. nevertheless be positive, that is, it
Commission on Elections, 21 SCRA must express the idea or element
774) punished by the law. There is oral
defamation even if other persons and
not the offended party heard the
slanderous words. This principle is in
accordance with sound reason
because even if the offended party
Oral him self has not heard the slanderous
words, his reputation is affected if
By speech or word of mouth, such words were heard by persons
as contrasted with writing. The same whose opinions regarding his honesty
as parole. and integrity may be lowered.
However, the person defamed must
Oral Complaint be clearly identified.
21
not included in the judgment or
decree. Ordinary
Decrees issued by the President
during Martial law in the exercise of a As an adjective: Having
quasi-legislative prerogative. original, i.e., non-delegated
jurisdiction.
In Mercantile law: One of the
words of negotiability, i.e., "pay to the As a noun: The archbishop or
order of," which indicates that the bishop of a diocese. In the case of
paper must be indorsed in order to be ecclesiastical law, the bishop's deputy
effectively transferred. In many may be called the ordinary.
jurisdictions such a power of transfer
by indorsement, as though made "to
order of," will be implied if payment
is directed to a particular person and Ordinary and Liquidating Dividend
further transfer is not in express
terms, forbidden. In corporation law: That the
distribution of dividends of a
company which voluntarily wound
itself and its business sold to a new
Order of Business company incorporated under the laws
of the Philippines to ''carry on its
The order in which legislative business in trust for the corporation"
business is conducted. (vendor) and other successive
distributions of amounts in question
Ordinance among stockholders in the nature of
steps obviously to complete. Its
A local law or regulation liquidation are not distributions of
issued by a municipality, common ordinary dividends not being in the
council or council of the elders. ordinary course of business and with
intent to maintain the corporation as a
In administrative law: An act going concern but are after liquidation
passed by the municipal council in the of business had been decided upon
exercise of its law-making authority. payments for the surrender and
The passing of an ordinance is the relinquishment of holder's interest in
main function of the municipal the corporation or the so-called
council. There can be no effective local liquidating dividends. The test is
government if the municipal council is whether distribution was in the
powerless in passing measures ordinary course of business.
necessary to regulate the various Distribution of liquidating dividends
activities of the municipality. and not ordinary dividends is taxable.
22
(Wise & Company vs. Meer, 78 Phil. Ordinatione Contra Servientes
655)
Lat. Concerning the order
Ordinary Care against servants.
23
(Rules and Regulations Implementing
the Fire Code of the Philippines) In general: A term applied to
any thing which is first in time or
Organic Law importance. It is used in a number of
special senses.
The organic law of a state or
nation is contained in its constitution. Original Bill
The term organic law is also as a
synonym of constitutional law. The bill filed at the beginning
of a suit in equity.
Organic Peroxide
24
bar to another prosecution for the
The jurisdiction by a court to offense charged.
hear a case at its beginning, and
conduct it in a judgment that will be Orphan
final unless appealed.
A minor child that has lost
Original Package both his parents.
25
Ostensible Partner Out of its Not Being Used
26
A term used to describe a gift
or limitation that comes into existence Over Issued Stock
on the termination of a previous
estate. That on which the corporation
agrees to pay interest, but such a
Overbreadth Doctrine contract is legal only when considered
as requiring payment for profits only.
Decrees that "a governmental Hence, it is really a preferred stock,
purpose may not be achieved by except perhaps that the discretion of
means which sweep unnecessarily the directors to use profits for other
broadly and thereby invade the area corporate purposes may be limited.
of protected freedoms." Estrada vs.
Sandiganbayan
27
Overseas Filipino or which evidences the existence of a
Workers or OFWs are Filipinos who conspiracy.
are employed in foreign countries.
They travel abroad to seek better Some physical activity or
opportunities in order to provide for deed, indicating the intention to
the needs of their families in commit a particular crime, more than
the Philippines. They are also known a mere planning or preparation, which
as "Overseas Contract Workers" if carried to its complete termination
(OCWs), since they work abroad following its natural course without
through a contract of several years being frustrated by external obstacle
with their employer. Overseas Filipino nor by the voluntary desistance of the
Workers (OFWs) used to be more perpetrator, will logically and
commonly referred to as Overseas necessarily ripen into a concrete
Contract Workers (OCWs). The term offense.
OFWs was officially adopted under
the President Fidel V. Over-The-Counter Transactions
Ramos Administration to give
recognition to millions of Filipinos In securities law: A
who sacrifice by working in other transaction not made on the floor of
countries. The change, replacing the stock exchange but outside the
'Contract' with 'Filipino' - honors same and directly between the broker
these Filipino workers by pledging the and the customer.
Philippine government's commitment
to their welfare wherever they may be, Overthrow
and removing the pre-condition of
possession of contract in order for The use of violent and other
Philippine consulates to come to their illegal means.
aid, under the Migrant Workers and
Overseas Filipinos Act of 1995 Overtime Pay
(Republic Act 8042).
Overtime is defined as work
performed beyond 8 hours in a work
day. A work day is also defined as a
Overt Act 24 hours period from the start of
work. So if an employee works from
Any act which an observer 8am to 4pm and then from 12am to
could notice. The term is applied to 8am, even though there is a 8 hours
the requirements of an acceptance of gap in between, it is still considered a
an offer to make a contract, and also, single work day. Therefore, overtime
in criminal law, to that act which premium shall apply.
constitutes the commission of a crime
28
According to Article 87 of the but subject to the restrictions imposed
Labor Code of the Philippines, there by law and the rights of others.
are 2 different overtime rates. The
overtime rate for a normal working Owner's Risk
day in the Philippines is 25% plus the
employees regular wage. However, if The risk, assumed by the
overtime time is performed on a rest owner of merchandise in transit, that
day or holiday, the overtime rate shall the goods may be damaged or
be increased to 30% plus the destroyed.
employees regular wage.
Oxidizing Material
Owing
A material that readily yields
That which is unpaid, as a oxygen in quantities sufficient to
debt. stimulate or support combustion. (Fire
Code of the Philippines)
Owner
Oyer
A person entitled to the
privileges and rights of ownership Fr. To hear; to demand a copy
and subject to its obligations. of a document.
Ownership Oyez
29
P
Package
Pact
30
the Philippines vs Atlanta Industries, such as foreclosure proceeding and
Inc., 729 SCRA 12 (2014) public sale.
31
Paid-Up Surplus The payment of an employee on task
or pakyaw basis alone is insufficient to
In Corporation law: It arises from the exclude one from the coverage of
sale of par value stock at a premium. Service Incentive Leave (SIL) and
holiday pay. Id.
Paitic Paliuntod
Played by spinning two coins and Vis. A homemade gun. (People vs.
later covered with a coconut shell Sarip, 88 SCRA 666)
while the coins are still moving and
the gam blers would bet whether the Panabas
coins would turn tails or heads and
the result of the game is determined A Muslim bolo. (People vs. Mago
by pure luck because the winner or nawal, 63 SCRA 108)
the person who will guess will be
declared the winner. (People vs. Tan, Panaksak
73 SCRA 288)h
Tag. A stabbing i'lstrument. (People
Engagement on pakyaw or task vs. Estero, 91 SCRA 93)
basis does not characterize the
relationship that may exist between Pandacan Oil Terminal
the parties, i.e., whether one of
employment or independent The Pandacan Oil depot remains a
contractorship. David vs. Macasio, 729 terrorist target even if the contents
SCRA 67. have been lessened. Social Justice
Society (SJS) Officers vs. Lim, 742
A distinguishing characteristic of SCRA 1
pakyaw or task basis engagement,
as opposed to straight-hour wage It is the removal of the danger to life
payment, is the non-consideration of not the mere subdual of risk of
the time spent in working. Id.
32
catastrophe that we saw in and made betterment. (Estorque vs. Estorque, 33
us favor Ordinance No. 8027. Id. SCRA 540)
33
fineness. This is especially indi cated can oust the title created by a
by a comparison between the cur particular conveyance.
rency of other countries using the
same standard. Paramour
Equally between the market and One who loves or is loved illicitly; one
nominal value of securities of stocks taking the place without the legal
or bonds, so that a certificate of stock rights of a husband and wife;
with the face value of Pl 00 will be mistress-called also lover. (Fernandez
sold at par for PlOO or above or below vs. Lantin, 74 SCRA 338)
par if it is sold for more or less.
Paraphernal
Paraffin Test
In civil law: All the property which a
A forensic test to indicate whether a woman possesses when she is married
person has recently fired a gun, in and which is not made part of her
which the person's hand is coated in dowry.
hot paraffin wax which cools and sets
and is peeled off and tested for the Paraphernal Property
presence of residue from the gun.
Any property which is brought by the
Paralysis of Both Legs wife to the marriage as her own; or
which she acquired during the
The permanent, total paralysis of marriage by lucrative title, or which is
both legs suffered by the herein appel- acquired by right of redemption or by
lant is equivalent to loss of both legs, exchange with other property
since he will obviously be bedridden belonging exclusively to her, or which
for the rest of his natural life. Besides, is purchased with her own exclusive
the amputation of both legs would money. (Article 135, in relation to Art.
not in any way alter the result, as the 148, New Civil Code)
loss of the use of both legs has been
diagnosed in his case by the attending All property brought by the wife to
physician as a disability for life. the marriage, as well as property pur
(Panaton vs. Ma layan Insurance Co., chased by her with funds received
Inc., 59 O.G. 749) from her parents. (Article 135, New
Civil Code)
Paramount
Property inherited by the wife, as
A general term applied to a superior well as property purchased by her
title to property of which the holder with funds received from her
parents, are paraphernal. (Alvaron
34
vs. Marquez, 11 Phil. 263; persons have rightfully acquired by
Mirasol vs. Lim, 59 Phil. 701; Veloso reason of the commission of the crime
vs. Avila, 60 Phil. 208) or the imprisonment; for example, if a
wife has obtained a divorce as a result
Parcel of the commission of the crime or of
the imprisonment of her husband, the
A section or part of landed property. status will not be changed by the
pardon.
Parchment
It is an act of grace proceeding from
Sheepskin prepared for writing. the power entrusted with the
execution of the laws which exempts
the individ ual on whom it is
bestowed from the punishment the
Pardon law inflicts for the crime he has
committed.
To absolve the penalty of a crime. The
power of granting pardons in the Kinds of pardon: (a) Absolute pardon
Philippines is vested in the President. and (b) Conditional pardon.
It applies to all cases of conviction A pardon, whether absolute or condi
except impeachments. Not tional, is in the nature of a deed, for
uncommonly, the case with reasons the validity of which delivery is an
for granting a pardon are presented indis pensable requisite. Until
along with evidence and argument accepted. all benefits to the grantee
before a pardoning board which may be cancel led. But once accepted
makes a favorable or unfavorable by the grantee, the pardon already
recommendation to the executive who delivered cannot be revoked by the
usually acts in accordance with such authority which granted it.
re commendation.
Parens Patriae
A pardon protects the criminal from
the offense pardoned but from no Lat. Father of his country.
other. It has been held that a pardon
of assault and battery which The term is applied to the state, to
afterwards became murder by the justify the intervention of public
dying of the person beat en will not authority to protect children or
operate as a pardon of murder. For the incompetent persons generally.
most part the pardon restores the
person to all his rights. It does not, Doctrine of: A doctrine which refers to
however, restore his civil capacity nor the inherent power and authority of
will it affect the status which other the state to provide protection of the
35
person and property of a person non The rule on parental consent is found
sui juris. Under that doctrine, the state under Article 14 of the Family Code. It
has the sovereign power of states that in case either or both of the
guardianship over persons under contracting parties are between the
disability. Thus, the state is considered ages of eighteen and twenty-one, they
the parens patriae of minors. (Vasco shall exhibit to the local civil registrar,
vs. Court of Appeals, 81 SCRA 762) the consent to their marriage of their
father, mother, surviving parent or
guardian, or persons having legal
Parental Authority charge of them, in the order
mentioned.
Parental Authority over minor
children is lodged by Art 176 on the The parental consent shall be
mother. Since parental authority is manifested in writing by the
given to the mother, then custody over interested party, who personally
the minor children also goes to the appears before the proper local civil
mother, unless she is shown to be registrar, or in the form of an affidavit
unfit. Grande vs. Antonio, 716 SCRA made in the presence of two witnesses
698 [2014] and attested before any official
authorized by law to administer oaths.
View that as a natural right, The personal manifestation shall be
parental authority is recognised as an recorded in both applications for
inherent right, not created by the State marriage license, and the affidavit, if
or decisions of the courts, but derives one is executed instead, shall be
from the nature of the parental attached to said applications.
relationship. Imbuing vs. Ochoa, 721 Non-compliance with the requirement
SCRA 146 [2014] of parental consent does not make the
marriage invalid or void but merely
It is known in the Roman Law as pat annullable, which means that the
ria potestas. marriage is valid until annulled. As a
result, a petition for the annulment of
The mass of rights and obligations the marriage may be filed by the
which parents have in relation to the parents, guardian or person having
person and property of their children, substitute parental authority over the
until their majority age or emancipa party seeking the annulment, in that
tion, and even after this uncertain cir order, unless after attaining the age of
cumstances. (Luna vs. Intermediate twenty-one, such party freely
Appellate Court, 137 SCRA 7.) cohabited with the other and both
lived together as husband and wife.
Parental Consent (http://www.abogadomo.com/law-
professor/law-professor-
36
archives/parental-consent-vs-parental- To represent them in all matters
advice) affecting their interests;
To demand from them respect and
Parental Rights obedience;
To impose discipline on them as may
The following are the rights and be required under the circumstances;
duties of parents with respect to their To be civilly liable for the injuries and
unemancipated children or children damages caused by the acts and
below 18 years of age as provided omissions of their unemancipated
under Articles 220, 221, and 225 of the children living in their company and
Family Code of the Philippines: under their parental authority subject
To keep them in their company; to the appropriate defenses provided
To support, educate, and instruct by law;
them by right precept and good To jointly exercise legal guardianship
example; over the property of their
To provide for their upbringing in unemancipated common children
keeping with their means; without the necessity of a court
To give them love and affection, appointment;
advice and counsel, companionship To perform such other duties as are
and understanding; imposed by law upon parents
To provide them with moral and
spiritual guidance; The relationship between the parents
To inculcate in them honesty, and their minor children naturally
integrity, self-discipline, self-reliance, gives rise to various rights and
industry, and thrift; obligations affecting the welfare of,
To stimulate their interest in civic and the parents control over, the
affairs; child. Some of these are recognized in
To inspire in them compliance with law. Other have only a moral sanction.
the duties of citizenship; Parental duties, it is said, are not
To enhance, protect, preserve, and always legal duties, and the law
maintain their physical and mental cannot inquire in every case how
health at all times; fathers (and mothers) have fulfilled
To furnish them with good and their duties (59 Am. Jur. 91 as
wholesome educational materials; mentioned in Sta. Maria, 2004).
To supervise their activities, Nevertheless, the above rights and
recreation, and association with duties of husband and wife with
others; respect to their unemancipated
To protect them from bad company; children together with their rights and
To prevent them from acquiring obligations between themselves as
habits detrimental to their health, husband and wife under Articles 68 to
studies, and morals; 71 of the Family Code of the
37
Philippines are relevant in corporations, to elect a majority of the
determining whether or not either of directors of such other corporation.
the spouses is psychologically
incapacitated to comply with the Parenticide
essential marital obligations of
marriage. Under Article 36 of the A person who kills his parent. Killing
Family Code, a marriage contracted of a parent.
by any party who, at the time of the
celebration thereof, was
psychologically incapacitated to
comply with the essential marital Parents
obligations of marriage shall be VOID,
even if such incapacity becomes Father and mother. Resemblance to a
manifest only after its solemnization. parent furnishes at least some
(https://juanknows.wordpress.com/20 evidence of paternity and in most
14/08/07/family-law-rights-and-duties- places it is per missible to exhibit the
of-parents-to-their-unemancipated- child and the al leged parent to the
children/) judge to assist in de termining the
question, particularly if the child has
Parent and Child passed mere babyhood with its
known immaturity of features. Blood
At the common law: There could be tests to determine paternity are also
no relation of parentage except of legi often used.
timate children. The natural father or mother of a
child. Ordinarily, the term does not
In general: The parentage of the include adoptive parent or step-
mother in the case of illegitimacy was parent. The word ''ancestor'' is used to
always acknowledged, and, upon refer to remote as well as immediate
legiti mation, the father had the ancestors.
responsibili ties and rights of a parent,
whether or not he was married to the Pares
mother.
The term for "peers" or "equals", In
Parent Corporation the phrase ''trial by one's peers'' or in
Latin "judicium parium." All th
Or holding corporation: It is one 1nen who were vassals of the same
which is so related to another corpora lord form his homage and constituted
tion that it has the power either his court. They were, accordingly,
directly or indirectly through another called ''pares curiae,'' ''peers of the
corpora tion -Or series of court.''
38
Pari may be used as an aid in statutory
interpretation of each other.
Lat. With equal, or in equal.
Par In Parem Non Habet Imperium
Parigdig
Lat. An equal has no authority over
Pang.: Constitutes two (2) identical an equal.
structures 12 meters apart. Each struc
ture is composed of two parallel posts, In international law: No State can
5 rows of posts parallel to each other, claim jurisdiction over another. This is
on top of which are joined bamboo only of the consequences which flow
rail ing similar to raft. Between these from the doctrine of equality of States.
two structures, a fishing net is hanged
with a circumference of 50 meters, Pari Passu
more or less, attached to four posts
equipped with ropes and pulley to Lat. With equal step; on equal footing
enable the net to be raised or lowered Equally and to the same degree. To
at will. (Landi ngin vs. Gacad, L- share 'pari passu" means to share
12659, October 28, without preference.
1960)
Pari Ratione
Pari Delicto, In
Lat. For like reason.
Lat. In equal guilt. The ablative case of
the Latin phrase ''par delictum''. It is
used when a person who has partici
pated in a wrong or in an act contrary Parish
to public policy, sues to recover on a
con tract or a tort founded on that In the Roman Catholic Church: A
wrong; as the attempt to recover division presided over by a priest, not
money paid on a wager, or as a bounded as a rule by territorial limits
commission for arranging a marriage, but constituted of the worshippers in
or for a breach of con tract involving a particular church.
illicit or immoral consideration.
Parity
Pari Materia, In
Equality; used particularly with res
Lat. On the same subject. pect to foreign exchange.
39
As a noun: A public ground, of great place or close thereto for an
er or smaller size, kept for purposes of appreciable period of time. A motor
ornament and public recreation. vehicle which properly stops merely
to discharge a passenger or- to take in
As a verb: To station automobiles a waiting pas senger, or to load or
along the sides of public streets or in unload a small quantity of freight
places adjacent to public street. It is with reasonable dis patch shall not be
generally more than a momentary or considered as ''park ed'', if the motor
temporary stopping. Parking is subject vehicles again moves away without
to strict regulation by municipal or delay. (Article II, Section 3[eJ, Land
city ordinances and violation of these Transportation and Traffic Code.)
ordi nances is generally a
misdemeanor, The leasing of space in Parliament
vacant lots to drivers for a
consideration is somewhat akin to In Great Britain: The parliament is the
stabling horses, but the liability varies legislative branch of the Government.
with the specific contract m ;tde, It is composed of the House of Lords
generally by placards in the lot itself, and the House of Commons. The
or on the .ticket giving the license to House of Lords consists, first,.of the
park. two Archbishops and all the Bishops
of the Anglican Church; and,
Parking secondly, of noblemen with hereditary
titles of ba ron or higher, who are the
The stationing of automo biles, trucks, ''peers of the realm.'' Those whose
jeepneys, etc. titles. are exclu sively in the peerage of
Scotland elect a representative peer to
The term "parking'' ordinarily implies sit in the House of Lords. A few
something more than a mere tem judges or ex-judges hold life peerages.
porary and momentary stoppage at a The Lords are sum moned by writs
curb for the purpose of loading and addressed to them by name.. The
un loading passengers or House of Commons consists of
merchandise. It involves the idea of members elected by almost universal
using a portion of the street as storage suffrage and secret ballot in the
space for an auto mobile. (City of various constituencies of England,
Ozamis vs. Lumapas, 65SCRA43) Wales, and Scotland. The presiding
Parking Or Parked officer of the House of Lords is the
Lord High Chancellor who is a
A motor vehicle is ''parked'' or ''par member of the Cabinet. The presiding
king'' if it has been brought to a stop officer of the House of Commons is
on the shoulder or proper edge of a the Speaker, elected by the House
high way, and remains inactive in that itself.
40
U three separate govern mental
The Head of the entire Parliament is functions.
the sovereign, who in theory shares in
the legislative power, since all Acts of The history of the English Parliament
Parliament are in form his enactments. is of the highest importance in the de
In fact, however, the sovereign has velopment of free institutions. The
never refused his assent since the term is derived from-the Latin word
reign of Queen Anne. Further, the "parlia mentum" (Fr. parlement),
share of the House of Lords in which properly means a ''conference.''
legislation has been much reduced by It was at first applied to the conference
recent statutes, and for nearly all itself, rather than to the body which
important issues is merely suspensive. the conference was held, which was
Legislative power is consequently, in the feudal ''Grand Council of the
practice, almost exclusively in the Realm,'' i.e., the chief tenants of the
hands of the House of Commons. King, the ''mag nates" or greater
barons, whose as sent, on feudal
A parliament duly summoned will theory, was necessary for any change
last for five years, unless it is in the established customs, and in the
dissolved before that time. It will imposition of subsidies for general
almost always be dissolved, if the purposes, and who acted as a court
governing ministry or cabinet, whose when one of their members was
members all have seats in Parliament, charged with a feudal offense. This
are defeated in a vote which can be Great Council included the prelates of
construed as a vote of no confidence. the Church in their capacity as feudal
And Parliament may, by its own acts, lords.
continue its existence beyond the five-
year limit. During the thirteenth century re
presentatives of the towns and of the
The term "omnicompetent" has been smaller landed proprietors were
devised instead of the excessive term irregularly required to be present at a
''omnipotent'', to express the parliament to give advice on the
practically unlimited power of the Bri collection of subsidies and were heard
tish Parliament. There are now no con on petitions for the redress of
stitutional limitations that would grievances. Out of this practice the
make ari Act of Parliament, duly House of Commons arose, but it was
passed, void. by reason. Custom, is, not organized as a separate "house",
however, an effective check against nor did it become an integral part of
many of the abuses of power which, Parliament-already thought of as a
in the United States as well as the body- till well in the fourteenth
Philippines, are prohibited by a century. It increased in importance
written Constitution de limiting the during the Wars of the Roses during
41
the fifteenth century and shared in the parliaments on the English model,
eclipse of Parliament during the Tudor con sisting of a ' 'lower house' '
period. It was in the seventeenth -different names in the different
century under the Stuarts that the states-and an ''upper house,'' also
House of Commons rapidly rose into called by different names. In imperial
a predominant position which, in the Germany and Aus tria it was called
last fifty years, has made it in effect the ''house of lords'' herrenhaus. The
the only power in the state. The House lower house was and is usually
of Commons was, despite its name, an elected by popular suffrage.
aristocratic rather than a popular In the Philippines: The most signi
body, till the various broadenings of ficant change in the 1973 Constitution
the elec torate, beginning with the as originally framed was the shift
Reform Bill of 1882, have turned it in from the Presidential system of
the fullest sense into a body government under the 1935
representing the en tire people. Constitution to a modi fied
parliamentary system, similar in a
The full title of Parliament, "High number of respects to the British. It
Court of Parliament,'' is maintained by did not last long. As amended in April
the fact that the House of Commons of 1981 and lately in January of 1984,
has a certain amount of judicial power there is a return to the presidential
and that the House of Lords exercises sys tem. Some writers say this is the
formal appellate jurisdiction in all Philip pine version of parliamentary
cases. system of government, while others
say, French version, the parliament
The term ''Estates of the Realm'', introduced by Charles de Gaulle when
applied to the medieval parliaments, he was made premier in 1958 with
largely by a transfer of European power to rule by decree. He had a new
term inology, never really described constitution drawn up, was elected
the English system, since the three president late in the year.
"estates", i.e., clergy, nobility, com
monalty, which in France and else Along with the President, there is a
where sat in three separate "houses" Prime Minister. It is the President,
and spoke separately for the members who is the head of state and chief
of their class, did not sit separately in executive of the Republic of the
England, although the clergy of the Philippines. He has a cabinet, to be
two Church provinces had composed of Minis ters who are his
parliaments for ecclesiastical purposes appointees. He nomi nates the Prime
called ''Con vocations. ' ' Minister, the head of the Cabinet,
from among the Members of the
Most modern European nations, after Batasang Pambansa, to be elect ed by
the French Revolution, establish a majority of all the members thereof.
42
dis tricts of Metropolitan Manila in
The legislative power is vested in a accord ance with the number of their
unicameral body, the Batasang respec tive inhabitants and on the
Pam- bansa. This was ,originally basis of a uniform and progressive
provided in the 1935 Constitution, ratio. How ever, the provinces with
there was like wise a one-chamber their compo nent cities and highly
legislature then called the National urbanized shall have at least the same
Assembly. As amended in 1940, a total number of representatives as
Congress of the Philippines, a under the 1935 Con stitution.
bicameral body consist ing of a Senate
and a House of Repre sentatives, was The present Constitution further
established. provides that the manner of the
election. of the representatives, as well
Under the present Constitution the as the number of representatives from
Batasang Pambansa shall be each sector and the manner of their
composed of not more than two election or selection shall be
hundred members unless otherwise prescribed or provided by law.
provided by law. It shall include
representatives elected from the The speaker: The speaker is elected by
different provinces with their the majority vote of all the members of
component cities, highly urbanized ci the Batasang Pambansa from among
ties as may be declared by or pursuant its elected provincial, city, and district
to law, and districts in Metropolitan representatives. Such other officers, as
Manila, those elected or selected from the Batasang Pambansa may deem
the various sectors as may be nec essary' shall also be chosen by
provided by law, and those chosen by them.
the President from members of the
Cabinet. The 1973 Constitution Under the 1935 Constitution, the
originally provided for representation Senate elected its Senate President,
by region. The 1935 Constitution and the House of Representatives, its
apportioned the member ship of the Speaker. The President of the country
House of Representatives to provinces was elected by the entire electorate.
also.
Composition of the Cabinet: The
Each district in Metropolitan Manila actual running of the governmental
shall comprise, as far as practicable, ma chinery is in the hands of the
contiguous, compact, and adjacent ter Cabinet, subject, of course, to the
ritory. The elective representatives control of the President. The Cabinet
shall be apportioned by law among is comp()$ed of Ministers with or
the provinces with their component without portfolio, who are appointed
cities, highly organized cities, and the by the President. At least a majority of
43
them are chosen from among the The procedure and rules adopted to
provincial, city, or district govern the conduct of the business of
representatives of the Batasang a legislative or other deliberative
Pambansa. group.
Parliamentary Law
44
fulfills the requirements of his parole, of the writing, except in certain cases.
he will be given an absolute discharge; (Section 7, Rule 130, Revised Rules of
if he fails to fulfill the terms of the pa Court)
role, he may be returned to prison to
serve out the unexpired term. The so-called "parol evidence" for bids
any addition to or contradiction of the
terms of a written instrument by
Parol Evidence testimony purporting to show that, at
or before the signing of the document,
Oral or verbal evidence, that which is other or different terms were orally
given by word of mouth; the ordinary agreed upon by the parties.
kind of evidence, given by witnesses
in court. In a particular sense, and The right of a valid contract is, of
with reference to contracts, deeds, course, a condition precedent to the
wills, and other writings, parol ap plication of the rule. It is a principle
evidence is the same as extraneous that, ''in order to exclude oral
evidence or evid ence aliunde. evidence of a contract, it must he first
estab lished that there is a subsisting
Application: Parol or extrinsic evi written contract between the parties;
dence is not admissible to add to, sub and where the immediate issue is
stract from, vary or contradict, judicial whether there is or was a writing
or official records or documents, or covering the contract, it is not
written instruments which dispose of competent to exclude oral testimony
property or are contractual in nature, bearing on that issue upon n
and which are valid, complete, assumption of such writing. To do so
unambi guous and unaffected by IS to beg the question.
accident or mistake. It is a cardinal rule of evidence not one
of technicality but of substance, which
Parol Evidence Rule it is dangerous to depart from, that
A rule of evidence which prohibits the where written documents exist they
receipt of parol evidence to contra shall be produced as being the best
dict, add to or vary the terms of a evidence of their own contents.
writ ten agreement.
It is likewise a general and most in
When the terms of an agreement have flexible rule that wherever written in
been reduced to writing, it is to be struments are appointed, either by the
considered as containing all such requirements of the law, or by the
terms, and, therefore, there can be be compact of parties, to be the
tween the parties and their successors repositories and memorials of truth
in interest, no evidence of the terms of any other evidence is excluded from
the agreement other than the -contents being used either as a substitute for
45
such instruments, or to contradict or obvious that written instruments
alter them. This is a matter both of would soon come to be of little value if
principle and policy; of principle, their explicit provisions could be
because such instruments are in their varied, controlled, or superseded by
nature and origin entitled to a much parol evidence, and it is also plain that
higher degree of credit than parol a different rule would greatly increase
evidence, of policy, be cause it would the temptations to commit perjury;
be attended with great mischief, if and courts have expressed regret that
those instruments upon which men's in their anxiety to avoid possible
rights depended were liable to be injustice in particular cases, they have
impeached by loose collat eral been gradually construing away a
evidence. Where the terms of an principle which has always been
agreement are reduced to writing, the considered one of the greatest barriers
document itself, being constituted by against fraud and perjury.
the parties as the expositor of their in
tentions, is the only instrument of evi The reason for the rule is that when
dence in respect of that agreement the parties have reduced their
which the law will recognize, so long agreement to writing, it is presumed
as it exists for the purpose of evidence. that they have made the writing the
Reason for the rule: The parol evi only re pository and memorial of the
dence rule is a reasonable and most truth, and whatever is not found in
salutary one, and it should be strictly writing must be understood to have
adhered to. It is founded on been waived and abandoned except in
experience and created by necessity; certain cases.
and it is de signed to give certainty to
a transaction which has been reduced
to writing by protecting the parties Parol Gift
against the doubtful veracity of
interested, and the uncertain memory A voluntary transfer of property with
of disinterested wit nesses. The rule is out consideration. The gift may be
founded on the long experience that either personal property, land or real
written evidence is so much more estate. Where one declares that he
certain and accurate than that which gives and identifies so that it may be
rests in fleeting memory only, that it clear what land is meant and
would be unsafe, when parties have included, and the done upon faith of
expressed the terms of their contract the declar ation enters into possession
in writing, to admit weaker evidence and im proves it, this will give him
to control and vary the stronger and to title by what is termed parol gift, for it
show that the parties in- tended a would be in equitable that he should
different contract from that expressed spend his money upon the faith of the
in the writing signed by them. It is gift and that it should be afterwards
46
taken from him. Such a gift, however,
cannot take effect as against the rights Any article designed or manufac tured
of third par ties, such as creditors of for the special purpose of being used
the donor, whose right already existed as, or to replace, a component part of
at the time the gift was made. such vehicle, and which reason of
some characteristic is not such a
Parricide commercial article as ordinarily
would be sold for general use, but is
Parricide is committed when: (1) a primarily adapted for use as a
person is killed; (2) the deceased is component part of such vehicle.
killed by the accused; (3) the deceased (Collector of Internal Revenue vs.
is the father, mother, or child, whether Rodriguez, Jr., 1SCRA 766)
legitimate or illegimate, or a legitimate
other ascendants or other In law of taxation: The term ''part'' is
descendants, or the legitimate spouse any article designed or manufactured
of the accused. People vs. San Gaspar, for the special purpose of being used
720 SCRA 409; People vs. Zapata, 730 as, or to replace, a component part of
SCRA 312. such vehicle, and which by reason of
Article 246 of the Revised Penal Code some characteristic is not such a com
provides that the penalty for the crime mercial article as ordinarily would be
of Parricide is Reclusion Perpetua to sold for general use, but is primarily
Death. People vs. San Gaspar, 720 adapted for use as a component part
SCRA 409 of such article. (Collector of Internal
Revenue vs. Rodriguez, L-12783,
Pars Rationabilis March 25, 1961)
47
The rule that ''particularization fol
In code of commerce: All damages lowed by a general expression will
and expenses caused to the vessel or ordinarily be restricted to the former''
cargo which have not inured to the is based on the fact in human
common benefit and profit of all per experience that usually the minds of
sons interested in the vessel or cargo. parties are addressed specially to the
All the expenses and damages particularization, and that the
caused to the vessel or to her cargo generalities, though broad enough to
which have not inured to common comprehend other fields if they stood
benefit. These include ( 1) Damages alone, are used in contemplation of
and expenses due to deterioration of that upon which the minds of the
hull and equipment; (2) Damages to parties are centered. (Em pire
goods to inherent defect or force Insurance Company vs. Rufino, 90
majeure; ( 3) Damage suffered by SCRA 437)
goods loaded on deck except in
coastwise navigation if the marine Particularization Followed By a
ordinances allow it; (4) Wages and General Expression Will Ordinarily
provisions for the crew in case of Be Restricted To The Former
detention or embargo, force majeure if
charter is for fixed sum; (5) The This rule is based on the fact in hu
necessary expenses on arrival at port, man experience that usually the
in order to make repairs or secure pro minds of parties are addressed
visions; ( 6) The value of the goods specially to the particularization, and
sold by the captain in case of arrivals that the generali ties, though broad
under stress; (7) The victuals and enough to com prehend other fields if
wages of the crew while the vessel they stood alone, are used in
is quarantined; contemplation of that upon which the
(8)Damages to vessels and cargo in minds of the parties are centered.
accidental collisions; and (9) Damages (Empire Insurance Company vs.
and losses to cargo through the fault, Rufino, 90 SCRA 436)
negligence, or barratry of the captain
or the crew. Particular Lien
Person who bears the expenses for A lien which attaches to particular
particular averages: Expenses for part property for work done with respect
icular averages shall be borne by the to it.
owner of the goods or ship as the case
may be. General lien: A right to retain proper
ty of a debtor to secure debts due on a
Particularization general account.
48
Particular Partnership Where lands belong to two or more
co-heirs or co-owners, each of them is
Concept of: A particular partnership entitled to have a partition or division
has for its object determinate things, of the land. The partition may be
their use or fruits, or a specific under voluntary and by mutual agreement
taking, or the exercise of a profession which may be effected by mutual
or vocation. (Article 1783, Civil Code) conveyances or releases to each person
of the share which he takes under the
Particular Tenant agreement, executed by the other
owners. Where the parties cannot
The owner of a particular estate. agree, application may be made to a
proper court by any one interested to
Partidas, Las effect a partition or division of the
property, or to enable one or more to
Or las siete partidas: Sp.: The seven take the property at a valuation, he or
divisions. they paying the others an equitable
amount of money in place of their
A statement of the laws of the King shares. Another method is to secure a
dom of Castile, first drawn up in 1260 sale of the property and a distribution
by Alfonso X, but not given statutory of the proceedings. Such proceedings
force till the decree of Alcala by the are usually regulated by the statutes
lat ter's great grandson, Alfonso XI, in of the various countries.
1338. It is in effect a code, and became
one of the chief sources of Spanish law A division between two or more per
both for Spain itself and the colonies sons of real or personal property
in the orient (Philippines), North and which they own as co-parceners, joint
South America (The Indies), till the tenants, or tenants in common,
adoption of the modern Spanish code. effected by the setting apart of such
It was therefore an integral part of the interests so that they may enjoy and
law of Spanish American, including possess it in sever alty, or by a sale of
Mexi co, at the time of the revolt from the whole and the awarding to each of
Spain in 1821, and consequently of his share of the proceeds.
substan tial importance in tracing Partition, in general, is the separation,
legal doc trines in those countries as division and assignment of a thing
well as in those of the American states, held in common among those to
formerly a part of Mexico, especially whom it may belong. The thing itself
Texas and California. be divid ed or its value.
49
and (2) Compulsory partition is a tition." While this word connotes divi
partition by judicial proceedings at the sion, physical division is not
instance of one or more of the co- necessarily meant. Ideal division
tenants without regard to the wishes resulting in the co-ownership (pro-
of the other co tenants. indiviso, or undi vided) among the
heirs in accordance with their
In general, is the separation, division proportionate shares is as much a
and assignment of a thing held in partition or distribution of the estate
com mon among those to whom it as physical division. Perhaps,
may be long. The thing itself may be "adjudication" and "settlement" are
divided. (Article 1079, Civil Code) better terms.
One of the reasons in the delay of dis In building law: An interior subdivid
tributing the estates of deceased is the ing wall.
misconception of the meaning of "par
50
An association of two or more per
Partitione Facienda, De sons to carry on as co-owners a busi
ness for profit.
Lat. Concerning making a division.
The definition of a partnership does
Partner not include religious associations, con
jugal partnerships and others of a
A member of a partnership. simi lar nature because a partnership
as de fined by law (Article 1767, Civil
Partnership Code) refers only to associations the
purpose of which is to obtain profits
to be distri buted among the partners.
A partnership is defined Moreover, a partnership is created by
as two or more persons who the express or implied agreement or
bind themselves to contribute contract of the parties, whereas
money, property, or industry to religious societies, conjugal
partnerships and others not
a common fund with the comprised in this definition are not
intention of dividing the profits the outcome or the result of
among themselves. Narra Nickel agreements or contracts.
Mining vs. Redmont Consolidated,
722 SCRA 382 [2014] The definition refers to "profits" only
and is silent as to "losses." The reason
for this is that the object of a
A partnership is defines as two or
partnership is primarily the sharing of
more persons who bind themselves to
profits, while the distribution of losses
contribute money, property or
is but ''a consequence of the same.''
industry to a common fund with the
The most important obligation of a
intention of dividing the profits
partner is to contribute to the common
among themselves. Narra Nickel
' fund what he has promised to
Mining and Development Corp. vs.
contribute thereto. Each partner
Redmont Consolidated Mines Corp.,
becomes a debtor of the partnership
722 SCRA 382.
from the time of the celebration of the
A legal relation based upon the ex
contract, un less otherwise provided.
press or implied agreement of two or
(Article 1786, Civil Code)
more competent persons whereby
they contribute their money, property,
Concept: By the contract of partner
labor or skill to a common fund for the
ship two or more persons bind them
pur pose of carrying on some lawful
selves to contribute money, property,
busi ness as principals for their joint
or industry to a common fund with
profit. (Art. 1767, New Civil Code)
51
the intention of dividing the profits shall have no juridical personality,
among themselves. Two or more and shall be governed by the
persons may also form a partnership provisions relating to co-ownership
for the exercise of a profession (Article (Article 1775); One rous- because
1767, Civil Code). The partnership has the prestations of the partners are
a juridical personality separate and deemed, the equivalent of the profits
distinct from that of the partners even they expect to make, and (5) Contract
in case of fail ure to record the articles of successive performances because
of partnership with the Securities and it is not extinguished by the
Exchange Com mission (Article 1768). performance of one or various
Characteristics of partnership: Part deter minate prestations.
nership is ( 1) Consensual- because it
is perfected by the mere consent of the Rules to determine whether partner
parties (Article 1767) and hence it be ship exists: In determining whether a
gins from the moment of the execution partnership exists, these rules shall
of the contract (Article 1784) which apply:
can be in any form (Article 1771) ( 1) Except as provided by Article
except (a) when it is otherwise 1825, persons who are not partners as
stipulated (Article 1784) or (b) when to each other are not partners as to
immovable property or real rights are third persons;
contributed, in which case there must
be a public instrument to which is (2)Co-ownership or co-possession
attached an inventory of the does not of itself establish a partner
immovable properties signed by the ship, whether such co-owner or co-
parties, otherwise partnership is void pos sessors do or do not share any
(Articles 1771, 1773); (2) Bilateral-be profits made by the use of the
cause the rights and obligations property;
arising therefrom are reciprocal; (3) (3)The sharing of gross returns does
Prepara tory- because an entity is not of itself establish a partnership,
created des tined for other contracts whether or not the persons sharing
(Article 1778) even if not recorded them have a joint or common right or
with Securities and Exchange interest in any property from which
Commission (Article 1772, par. 2) the returns are derived;
capable of acquiring and convey ing
immovable property or an interest The receipt by a person of a share of
therein in the partnership name the profits of a business is prima facie
(Article 1774). Hence associations and evidence that he is a partner in the
socities, whose articles are kept secret business, but no such inference shall
among the members, and wherein any be drawn if such profits were received
one of the members may contract in in payment; (a) as a debt by
his own name with third persons, installment or otherwise, (b) as wages
52
of an employee or rent to a landlord,
(c) as an annuity to a widow or Classification of partnership: ( 1) Ac
representative of a deceased partner; cording to object it is either universal
(d) as interest on a loan, though the or particular; with the former being
amount of payment vary with the divided into universal partnership of
profits of the business, (e) as the all pre sent property or universal
consideration for the sale of a good partnership of profits (Articles 1776,
will of a business or other property by 1777); (2) Ac cording to liability, it is
installments or otherwise (Article either general or limited (Article
1769). 1776); (3) According to duration, it is
either partnership for a fixed period or
Essential requisites of partnership: partnership at will (Article 1785).
The essential requisites are: ( 1) An
agreement to contribute money, pro Universal partnership of all present
perty or industry to a common fund property: It is defined as that in which
(Article 1767)-this is complied with if the partners contribute all the
(a) each one of the partners brings or property which actually belongs to
is obliged to bring something to the them to a common fund, with the
part nership and (b) that which is intention of di viding the same among
brought becomes common property; themselves, as well as all the profits
(2) Intent to divide the profits among which they may acquire therewith
the con tracting parties (Article 1767)- (Article 1778). It includes: ( 1) All
this is complied with if (a) partnership present property of partners at time of
is es tablished to obtain profit; (b) constitution of the partnership plus
profit must be common to all the the profits therewith (Article 1779,
parties (Arti cle 1770, par. 1); (c) profit par. 1), (2) any other profits if
or loss must be divided among all stipulated (Article 1779, par. 2); (3)
partners (Article 1799). fruits of property acquired
subsequently by inheritance, legacy,
Purpose of partnership: A partner ship or donation if stipulated (Article 1779,
must have a lawful object or pur pose par. 2),-but not the property itself
(Article 1770, par. 1). When an acquired by such means even if
unlawful partnership is dissolved by a stipulated (Article 1779, par. 2).
judicial decree, the profits shall be Universal partnership of profits: It is
con fiscated in favor of the State, the that in which the partners contribute
effects and instruments of the crime the usufruct of all the immovable and
are con fiscated in accordance with the movable properties which each of the
provi sions of the Penal Code (Article partners may possess at the time of
1770, par. 1) but the capital of the the celebration of the contract as well
partners are returned to them if they as all that they may acquire by their
are not in struments of crime. industry or work during the existence
53
of the partnership. It includes: ( 1) all any settlement or liquidation of the
property acquired by the industry or partnership affairs, is prima facie evi
work of the partners during the dence of a continuation of the partner
existence of the partnership plus the ship (Article 1785). However, the part
fruits thereof (Article 1780, par. 1), (2) nership may also be continued by an
usufruct of movable and immovable express agreement among all the part
property possessed by each partner at ners.
time of celebration of contract. (Article
1780, par. 1) Contributions of partners: The part
ners may contribute money, property
Presumption and prohibition: Arti cles or industry (Article 1767); if money or
of universal partnership, entered into property, they are called capitalist
without specification of its nature, partners and if industry, they are
only constitute a universal partnership called industrial partners. The amount
of profits (Article 1781). Persons who of contribution is subject to agreement
are prohibited from giving each other and in the absence thereof, the
any donation or advantage cannot partners shall con tribute equal shares
enter into universal partnership to the capital of the partnership
(Article 1782). (Article 1790) and every partner is
considered a debtor of the partnership
Concept of particular partnership: A for whatever he may have promised to
particular partnership has for its contribute thereto (Article 1786, par.
object determinate things, their use or 1).
fruits, or a specific undertaking, or the
exist ence of a profession or vocation. Where contribution is money or pro
(Ar ticle 1783) perty: In case a partner contributes, (1)
Money- in case he fails to do so, he
Continuation of partnership: When a shall pay interest and damages from
partnership for a fixed term or the time he should have complied
particu lar undertaking is continued (Arti cle 1788) without need of any
after the termination of such term or demand;
particular undertaking without any (2)Specific determinate things-he
express agreement, the rights and must (a) preserve the property (b)
duties of the partners remain the same deli ver fruits from time of
as they were at such termination, so agreement (c)
far as is consistent with a partnership warrant against eviction and hidden
at will. defects (d) transfer ownership on deli
very to partnership and (e) pay dam
A continuation of the business by the ages for delay without necessity of
partners or such of them as habitually demand (f) bear risk of loss before
acted therein during the term, without deli very- however in this case the
54
partner ship is considered dissolved differ ent with regard to capitalist
(Article 1830, No. 4). The same rule of partners who are only prohibited from
risk of loss and effect on partnership engaging in a business in
applies when only the use and fruits competition with the partnership,
of specific, determinate non -fungible unless otherwise stipulated,
things are contributed (Article 1795, otherwise all profits of such partner
par. 1); (3) Goods- they must be belong to the partnership and all
appraised in the manner prescribed losses shall be for his account (Article
by contract of partnership otherwise 1908).
by experts chosen by partners
according to current prices. The Responsibility between partnership
partnership shall bear the subsequent and partner: The partnership shall be
changes in value (Article 1787) as well responsible to every partner for the
as their loss but limited to their amounts he may have disbursed on
appraised value (Article 1795, par. 2). be half of the partnership and for the
The partnership shall likewise bear cor responding interest, from the time
the loss after delivery if things the expenses are made; it shall also
contributed are fungible, or cannot be answer to each partner for the
kept without deteriorating or if they obligations he may have contracted in
were contributed to be sold (Article good faith in the interest of the
1785, par. 2). partnership business, and for risks in
consequence of its management
Where contribution is industry: An (Article 1796). On the other hand, the
industrial partner cannot engage partner is liable to the partnership ( 1)
in business for himself, unless the for interest and damages from the
part nership expressly permits him to time of conversion for any sum of
do so and if he should do so, the money which he may have .taken
capitalist partners may either exclude from the partnership coffers and con
him from the firm or avail themselves verted to his own use (Article 1788,
of the ben efits which he may have par. 2); (2) for damages suffered by it
obtained in violation of this through his fault, and he cannot
provision, with a right to damages compensate them with the profits and
in either case (Article 1789). The bene fits which he may have earned
reason for the law in provid ing for for the partnership by his industry.
this restriction is that an indus trial However, the courts may equitably
partner contributes only his work and lessen this responsibility if through
industry and if he is allowed to en the partner's extraordinary efforts in
gage in business, the partnership will other activities of the partnership,
be prejudiced because of the reduction unusual profits have been realized
of the time and effort which he will (Article 1794); (3) for the return of his
use for the said business. The rule is share of a partnership cre dit which he
55
has received but where the other pugn within three months from
partners have not collected theirs if knowl edge (Article 1798, par. 1).
the debtor should thereafter become
insolvent (Article 1793); for any Property rights of a partner: The pro
benefit derived by him without the perty rights of a partner are: ( 1) His
consent of the other partners from any rights in specific partnership property
transaction connected with the (Article 1810, No. 1) is merely inchoate
formation, conduct, or liquidation of and is not effective except in concert
the partnership or from any use by with all partners, since the property is
him of its property (Article 1807). owned by the juridical person and
hence is not assignable nor subject to
Sharing of profit and loss among attachment or execution for partner's
partners: The distribution of profits individual debts or for legal support
and losses shall be in conformity with (Article 1811);
the agreement. If only the share in the
pro fits is agreed upon, the share in His interest in the partnership
the los ses shall be in the same (Article 1810, No. 2) which is his share
proportion (Article 1797, par. 1), but a of the profits and surplus (Article
stipulation which excludes one or 1812) and therefore subject to the
more partners from any share in the contin gency if there being profits or
profits or losses is void (Article 1799), surplus but is transferable either
but the industrial partner shall not be voluntarily (Article 1813) or by order
liable for losses (Article 1797, par. 2). of the court (Article 1814). If
In the absence of stipulation, the share voluntarily transfer red, partnership
in the profits and losses shall be in is not dissolved and assignee only
proportion to con tribution except the acquires right to profits to which
industrial partner who shall receive a assignor is entitled as well as
share of the profits as may be just and assignor's interest after dissolution
equitable under the circumstances but does not become a partner nor is
(Article 1797, par. 2). If the industrial he en titled to a partner's rights
partner contributes capi tal, he (Article 1813). He may, however, ask
receives an additional share in for judi cial dissolution of partnership
proportion to his capital (Article 1797, at expi ration of term or any time if it
par. 2). The designation of losses and is a part nership at will. (Article 1831,
profits cannot be entrusted to one of par. 2) If transferred by order of
the partners (Article 1798, par. 2), but court on fore closure of interest after
may be left to a third person whose the issuance of a charging order by
designation is valid unless manifestly the court at in stance of creditor of
inequitable. However, it cannot be im partner, interest may be redeemed
pugned by a partner who has begun before foreclosure or sale, without
to execute the same or who fails to im dissolving the partner ship, (a) with
56
separate property by any one or more of the partnership and anyone may
of the partners or (b) with partnership bind the partnership but all partners
property if consented to by all must consent to important alterations
partners (Article 1814). Purchaser does on im movable property, even if
not become a partner but only useful to partnership. Court may
acquires partner's share of profits and intervene in case of unjust refusal to
surplus and the right to ask for give consent (Article 1803); (e) If a
judicial dissolution at end of period or partner author ized to manage collects
any time if it is a partnership at will a demandable sum, which was owed
(Article 1831, par. 2) to him in his own name, from a
person who owed the partnership
His right to participate in the another sum also demand able, the
management (Article 1810, No. 3), the sum thus collected shall be applied to
the right of management is governed the two credits in proportion to their
by stipulation or if none in all partners amounts even though he may have
(Article 1803); hence, (a) If partner ap given receipt for his own credit only;
pointed manager in Articles of but should he have given it for the
Partner ship despite opposition, and account of the partnership credit, the
his power cannot be revoked except amount shall be fully applied to the
by partners representing controlling latter. The provisions of this article are
interest pro vided there is just or understood to be without prejudice to
lawful cause (Article 1800, par. 1); (b) the right granted to the debtor by Arti
If partner appointed manager after cle 1252, but only if the personal credit
partnership has been constituted- his of the partner should be more onerous
power can be revoked at any time to him (Article 1792).
(Article 1800, par. 2); (c) If two or
more partners are appointed as Partner's right to information, ac
managers- each one may separately counting and to associates: Each part
execute all acts of administration but ner is entitled ( 1) to true and full
if opposed, majority shall prevail, and infor mation of all things affecting
if no n1ajority, partners owning partner ship (Article 1805); (2) to have
control ling interest will decide access to, inspect and copy the
(Article 1801) If there is stipulation partnership books at reasonable hours
that all must act jointly-then (Article 1805); (3) to a formal account
concurrence of all is re quired and of part nership affairs; (a) when he is
absence or disability of any one wrongly excluded from partnership
cannot be alleged unless there is business or possession of its property
imminent danger of grave or irrepar by other partners, (b) when the right
able injury to partnership (Article exists under the terms of any
1802); (d) If no managing partners ap agreement, (c) when one partner has
pointed- then all partners are agents
57
made profits without the consent of its signature; (3) by a person
the others (Article 1809); authorized to act for the partnership;
(d) when it is just and reasonable (4) the partnership assets are already
(Arti cle 1809); (4) to associate another exhausted. This is without prejudice
with him in his share but associate to the liability of a partner who
also shall not be a partner without the entered into a separate obligation
consent of all partners even if (Article 1816) and any exemption from
associated by a managing partner the above liability is void except as
(Article 1804). between the partners (Article 1817).
58
has no authority and such fact is partners- partner in whose name
known to the third person (Article property stands may convey title but
1818, par. 1). The following acts are partnership may recover property if
considered not usual in the course of act is not apparently for carrying on in
business and require consent of all the usual way the business or unless
the partners in order to bind the buyer is a holder for value without
partnership unless the others have notice. (Article 1819, par. 3)
abandoned the business: ( 1) assign Where title to property in name of one
the partnership property in trust for or more or all partners or that of a
creditors; (2) dispose of the third person in trust for the partner
goodwill of the business; (3) do any ship-conveyance by a partner in his
act which will impede the carrying on own name or that of the partnership
ordi nary business; (4) confess a will pass the equitable interest of the
judgment; part nership provided the act is one
(5) enter into compromise regarding for apparently carrying on in the
partnership claim or liability; (6) usual way of business. (Article 1819,
submit partnership claim to par. 4)
arbitration; (7) renounce a claim of the 3.Where title to property is in name of
partnership (Arti cle 1818, par. 3). all partners- title will pass by con
Restrictions on authority of a partner veyance by all partners (Article 1819,
must be made known to third persons par. 5).
otherwise partnership is liable (Article
1818, par. 4). Notices to and admission by partners:
B. Conveyance of real property-the Partnership is bound (1) by notice to a
following are the rules: ( 1) Where title partner of any matter relating to
to property is in the partnership name, partnership affairs; (2) by knowledge
then title will pass to the buyer but the of the partner acting in the particular
partnership may recover property if mat ter, acquired while a partner or
the partner did not act for apparently then present to his mind; (3) by
carry ing on in the usual way the knowledge of any other partner who
business or unless property has been reasonably could and should have
acquired from grantee by a buyer in communicated it to acting partner
good faith for value and without (Article 1821); ( 4) by admission or
notice; but if convey ed by partner in representation of any partner
his own name, then only the equitable concerning partnership affairs within
interest of the part nership passes scope of his authority (Article 1820).
provided partner acted for apparently Dissolution and winding up of part
carrying on in the usual way of nership: The dissolution of a partner
business (Article 1819, pars. 1 and2). ship is the change in the relation of the
2.Where title to property in the name partners caused by any partner
of one or more but not all the ceasing to be associated in the
59
carrying on as distinguished from the plication of a partner, decrees dissolu
winding up of the business (Article tion on any of the following grounds: (
1828). On dissolu tion the partnership 1) insanity of any partner (Article
is not terminated, but continues until 1831, No. 1); (2) incapacity of any
the winding up of partnership affairs partner (Article 1831, No. 2); (3)
is completed (Arti cle 1829). prejudicial conduct of any partner
(Article 1831, No. 3); (4) Willful
Causes of dissolution: A. By the will of breach of agreement by any partner
the partners- this may be done in two (Article 1831, No.4); (5) business can
ways: (1) Without contravention of the only be carried on at a loss (Article
agreement by (a) termination of term 1831, No. 5); (6) just grounds (Article
or particular undertaking (b) by 1831, No.6) or (7) when applied for by
express will of any partner acting in a buyer of partner's interest upon
good faith when it is a partnership at termination of period or at any time if
will (c) express will of all the partners it is a partnership at will (Article 1831,
who have not assigned their par. 2).
interests
(d) bona fide expulsion of any partner Effect of dissolution of partnership on
in accordance with the agreement authority of partners: Dissolution
(Article terminates all authority of any partner
(2)1830, No. 1); (2) In contravention of to act for the partnership (Article 1832,
the agreement, by the express will of par. 1) and the partners are not liable
any partner at any time (Article 1830, for the act of any partner if dissolution
No.2). is caused by other than the act, insolv
ency or death of a partner (Article
B.By operation of law-this takes place 1832, No. 1); but in case of dissolution
when ( 1) the business becomes due to the act of a partner, they are
unlawful (Article 1830, No. 3); (2) liable un less partner acting had know
when specific thing promised perishes ledge of dissolution, and in case of
before delivery to the partnership or death or in solvency of a partner, the
by loss of the specific thing whose use partner act ing had notice or know
and enjoy ment has been transferred ledge of such fact (Articles 1832, No.
to the part nership (Article 1830, 1-b; 1833). As to third persons a
No.4); (3) a part ner dies (Article 1830, partner cannot bind the partnership:
No.5); a partner or the partnership (a) where partnership is dissolved
becomes insolvent (Article 1830, No. because the business be comes
6); (4) any partner suffers from civil unlawful (Article 1834, par. 3[ 1]);
interdiction (Article 1830, No.7). where the partner has become
judicially insolvent (Article 1834,
C.By judicial decree (Article 1830, No. par. 3[2]); (c where partner has no
8)-this occurs when court, on ap winding up authority (Article 1834,
60
par. 3[3]). However a partner can part ner may have the partnership
even after dis solution, bind the property applied to the partnership
partnership: (1) for acts appropriate debts and the surplus applied to pay
for winding up (Article 1834. par. in cash the net amount owing to the
1[1j); (2) for any act which would bind respective partners, but in case of
the partnership if not dis solved bona fide expul sion of a partner, the
provided third person acted in good latter shall receive in cash the net
faith and without knowledge or notice amount due him (Article 1837, par. 1);
of dissolution (Article 1834, par.
1[2]). However, in the case of a 2.When partnership is dissolved in
partner who is unknown to third per contravention of the agreement-the
sons to be a partner and so far innocent partners have the right (a) to
unknown and inactive in partnership have the partnership assets applied
affairs that his connecting with the to the partnership debts and the
partnership had no effect on the surplus to what is owing them (Article
latter's business reput ation, his 1837, par. 2, [1a]) (b) to damages from
liability is limited to his in terest in the guilty partner (Article 1837, par.
the partnership (Article 1834, par. 2). 2[b])
Right of partner to accounting: The (c) to continue the business of the
right to an accounting of his interest part nership, under the same name,
shall accrue to any partner, or his re either by themselves or with others,
representative as against the winding and for that purpose may possess the
up partners or the surviving partners partner ship property, provided they
or the person or partnership pay or se cure the payment to the
continuing the business, at the date of guilty partner of his interest less
dissolution. in absence of any damages due from him (Article 1837,
agreement to the con trary (Article par. 2[2]). The guilty partner shall
1842). have the right: (a) in case of non-
continuance of partnership, to have
Partners entitled to liquidate partner partnership assets applied to part
ship: Winding up is done by partners nership debts and the surplus paid
designed in the agreement or in to wh"" 0 due him minus the damages
default thereof by the partners who he caused by dissolution (Article
have not wrongfully dissolved the 1837, par. 2[3a]) (b) in case of
partnership or the legal representative continuance of partnership, to have
of the last surviving partner not the value of his interest, minus
insolvent, but the court may award damages and good will
right to others (Article 1836, par. 1). ascertained and paid or secured and
Rights of partners after dissolution: to released from all existing liabilities
1. Where partnership is dissolved in of the partnership (Article 1837, par.
ac cordance with agreement- each 2[3bJ).
61
3.When partnership contract is re 4. Partnership creditors have priority
scinded on the ground of fraud or over partnership property and
mis representation of one of the separate creditors over individual
partners the innocent partners have a property saving the rights of lien or
right (a) t a lien or retention of surplus secured creditors. (Article 1837, No.8);
property for any amounts of money 5. When partner becomes insolvent,
advanced or contributed by them (b) the owner of preference is: (a) separate
to stand in the place of creditors for creditors; (b) partnership creditors; (c)
payments made by partnership partners on account of contributions
liabilities (c) to damages from guilty (Article 1837, No.9).
partner (Article 1838).
Rules in liquidation of assets of part Continuation of business after dis
nership: 1. The partnership assets solution: (1) Creditors of the dissolved
are: partnership are also creditors of the
(a) Partnership property; (b) person or partnership continuing the
Contributions Qf the partners business if it is continued without liq
necessary for the payment of all uidation of the partnership affairs
liabilities (Article 1838, No. 1[a] and (Arti cle 1840, Nos. 1, 2, 3, 5, 6), or if
[b]) those continuing business promise to
2.The order of payment of liabilities is: pay debts (Article 1840, No. 4);
(a) Those owing to creditors other 2. When the business is continued
than partners; (b) Those owing to without any settlement of accounts
part ners other than for capital and with a deceased or retired partner, the
profits; re tired partner or the legal
(c) Those owing to partners in representative of the deceased partner
respect to capital; (d) Those owing to may have the value of his interest at
partners in respect to profits (Article the date of liquidation ascertained
1834, No. 2 [a,b,c,d]); (Article 1841) except when there is
3. Application of assets to the pay already an agreement as to what the
nlent of liabilities: (a) Partnership pro retiring partner shall receive, and
perty must first be applied (b) individ receive as an ordinary creditor, at his
uaJ liability of partners in accordance option; (a) the value of his
with Article 1797 which can be participation plus interest or (b) the
enforced by the assignee of creditors profits attributable to the use of his
or any partner or his legal property of the dissolved partner ship;
representative to the ex tent of the provided the creditors of the dis
amount which he has paid in excess of solved partnership are preferred (Arti
his liability; this liability is not affected cle 1841).
by death of partner (Article 1837, Nos.
3, 4, 5, 6, 7); Limited Partnership: One formed by
two or more persons under the
62
provi sions of the following article, the right, if given, of the remaining
having as members one or more general partner or part ners to
general partners and one or more continue the business on the death,
limited partners (Arti cle 1843). In retirement, civil interdiction, in sanity
order to form a limited partnership, or insolvency, of a general part ner;
the parties must (1) sign and swear and (n) the right, if given, of a lim ited
to a certificate which shall state (a) the partner to demand and receive pro
name of the partnership, adding perty other than cash in return for his
thereto the word "Limited"; (b) the contribution; (2) file for record the
character of the business; (c) the certi ficate in the Office of the
location of the principal place of Securities and Exchange Commission.
business; (d) the name and place of A limited part nership is formed if
residence of each member, general there has been sub stantial compliance
and limited partners being in good faith with the foregoing
respectively designated; (e) the term requirements (Article 1844). In order
for which the partner ship is to exist; that there be a limited partnership
(f) the amount of cash and a there must be at least one general and
description of and the agreed value one limited partner (Article 1843).
of the other property contributed by
each limited partner; (g) the Concept of a limited partner: A limit
addtional contributions if any, to be ed partner is not really a partner but
made by each limited partner and the an investor in the partnership, hence
times at which or events on the not bound by the obligations of the
happening of which they shall be partnership (Article 1843). To be a
made; (h) the time, if agreed upon, limited part ner the contribution must
when the contribution of each be cash or property but not services
limited partner is to be re turned; (Article 1845) and he must not allow
(i) the share of the profits or the other his surname to appear in the
compensation by way of income partnership name (Article 1846). He
which each limited partner shall can loan money to the partnership and
receive by reason of his transact other business with the
contribution; (j) the right, if given, of partnership and receive on ac count of
a limited partner to substitute an resulting claim against the
assignee as contributor in his place, partnership, with general creditors,
and the terms and conditions of the his pro rata share of the assets (Article
substitution; (k) the right, if gien, of 1854, par. 1) except that he cannot re
the partners to admit additional ceive or hold partnership property as
limited partners; (l) the right, if given, security (Article 1854, No. 1) nor
of one or more of the limited partners receive payment or release of money
to priority over other limited partners, lia bility to the prejudice of creditors
as to contributions or as to (Arti cle 1854, No. 2). A limited
compensation by way of income,
63
partner is only liable to the stated in the Certificate of Limited
partnership and is not a proper party Partnership. In this case he shall have
to proceedings by or against the all the rights and powers and be
partnership except to en force a subject to all the re strictions of a
limited partner's rights against or general partner except that as to the
liability to the partnership (Article other partners, he has the rights of a
1866). However, when there are limited partner in respect to his
several limited partners the members contribution (Article 1853).
may agree that one or more of the
limited partners shall have a priority The general partner in the limited
over other limited partners as to the partnership: At least one general part
return of their contributions, as to ner is required in a limited
their compensation by way of income, partnership (Article 1843) and he shall
or as to any other matter. If such an have the same rights and powers and
agreement is made it shall be stated in be subject to all the restrictions and
the certificate, and in the absence of liabilities of a partner in a general
such a statement all the limited partnership (Arti cle 1850). However,
partners shall stand upon equal without the written consent or
footing (Article 1855). ratification of the specific act by all the
limited partners, a general partner or
When limited partner liable as a gen all of them cannot: (1) do any act in
eral partner: A limited partner is liable contravention of the certificate;
as a general partner: (1) when he (2) do any act which would make it
allows his surname to appear in im possible to carry on the ordinary
partnership name as regards a busi ness of the partnership; (3)
creditor without knowledge (Article confess judgment against the
1846, par. 2); (2) when he knowingly partnership; (4) possess partnership
allows certificate to contain a false property, for other than a partnership
statement as against a person who purpose; (5) admit a person as a
suffers loss by reliance on such general partner; ( 6) admit a person as
statement (Article 1847); (3) when he a limited partner, unless the right to
takes part in the control of the do so is given in the certificate;
business (Article 1948); (4) when on (7) continue the business with partner
learning (contrary to his belief) that ship property on the death,
there is no limited partnership, he retirement,
does not promptly renounce his insanity, civil interdiction or
interest in the profits of the business insolvency of a general partner, unless
or other compen sation by way of the right so to do is given in the
income (Article 1852); certificate (Article 1850, Nos. 1-7). The
(5) when he agrees to be a general retirement, death, insolvency, insanity
part ner at the time which fact is or civil interdiction of a general
64
partner dissolves the part nership not been paid, or the partnership
without prejudice to the re maining property is insufficient for their
general partners continuing the payment as re quired by the first
business with the consent of all paragraph No. 1, and the limited
members or in case it is so stated in partner would otherwise be entitled to
the certificate (Article 1860). the return of his contribu tion (Article
1857, last par. 1and 2).
Rights and liabilities of the limited
partner: A. The rights of the limited B. The liabilities of the limited part ner
partner are: ( 1) to inspect and copy at are: 1. To the partnership- (a) For the
reasonable hours the partnership difference between his contribution as
books and have them kept at the actually made and that stated in the
principal place of business (Article certificate as having been made
1851, No. 1); (Article 1853, par. 1[1]); (b) For any
(2)to have on demand true and full in unpaid con tribution which he agreed
formation of all things affecting part to make in the future at the time and
nership (Article 1851, No. 2); (3) to on the condi tions stated in the
have a formal account of partnership certificate (Article 1853, par. 1[2]); (c)
af fairs whenever just and reasonable To hold as trustee for the partnership
(Ar ticle 1851, No. 2); (4) to have specific property stated in the
dissolu tion and winding up by decree certificate as contributed by him but
of the court (Article 1851, No. 3); (5) to which was not contributed or
re ceive a share of the profits or other wrongfully returned and money or
compensation by way of income stip other property wrongfully paid or
ulated for in the certificate, provided conveyed to him on account of his
that after such payment the contribution (Article 1858, par. 2 [1 &
partnership assets are in excess of all 2]); (d) to any sum, not in excess of
liabilities of the partnership except returned contribution with interest,
liabilities to lim ited partners on necessary to discharge liabilities to all
account of their contri bution and to creditors who ex tended credit or
general partners (Articles 1851, par. 2; whose claim arose be fore return
1856); (6) to the return of (Article 1858, par. 4). These liabilities
their contribution (Articles 1851, par. may be waived or com promised only
2; 1857; (7) to loan money and if (a) all members con sent, (b)
transact other business with the certificate amended accord- ingly,
partnership (Article 1854); (8) to have and (c) creditors are not pre judiced
partnership and its affairs wound up (Article 1858, par. 3).
when he right fully but
unsuccessfully demands the return 2.To individual creditors-upon ap
of his contribution, or the other plication of a creditor (whose other re
liabilities of the partnership have medies remain unimpaired), the court
65
may issue a charging order on the in unless other wise stated in certificate
terest of the limited partner but said or consented to by all members
interest may be redeemed with the (Article 1857, par. 3).
separate property of any general
partner but not with partnership Additional limited partners: After the
property. The limited partner is formation of a limited partnership, ad
entitled to his statutory exemptions. ditional limited partners may be
(Article 1862) admit ted upon filing an amendment
to the original certificate in
To partnership creditors -limited accordance with the requirements of
partner is not liable to partnership Article 1865 (Arti- cle 1849).
cred itors except in the cases where he
is liable as a general partner and Assignment of limited partner's in
where the object is to enforce limited terest and its effects: A limited part
partner's liability to partnership ner's interest may be assigned (Article
(Article 1866). 1859, par. 1) and in that case assignee
does not become a partner but merely
Return of contribution of a limited acquires the share of the profits or
partner: A limited partner is entitled other compensation by way of income,
to the return of his contribution if: (1) or the return of his contribution to
af ter payment, there remains which his assignor is entitled (Article
property of the partnership sufficient 1859, par. 3). However, assignee may
to pay all li abilities of the partnership become a substituted limited partner
except to general partners and to if all the members consent or if the as
limited part ners on account of their signor, having that right in the certifi
contribution (Article 1857, par. 1, No. cate, gives assignee the right (Article
3); (3) all members consent or the 1859, par. 4) but does not actually be
return of the contribution can be come one until certificate is amended
rightfully demand ed (Article 1857, (Article 1859, par. 5).
par. 1, No. 2). The contribution may be
rightfully demanded (a) on A substituted limited partner is a
dissolution of the partnership (Article person admitted to all the rights of a
1857, par. 2, No. 1) (b) when the date limited partner who has died or has
specified in the certificate has arrived as signed his interest in a partnership
(Article 1857, par. 2, No. 2) (c) on six (Ar ticle 1859, par. 2), and he has all
month's notice in writing to all the rights and powers and is subject to
members if no time is specified in all the restrictions and liabilities of his
certificate either for return or for as signor except those h did not
dissolution of partnership (Article know and which cannot be
1857, par. 2, No.3). A limited partner's ascertained from the certificate
contribution shall be returned in cash (Article 1859, par. 6).
66
court to that effect and (2) recording
The executor or administrator of a the writing or order of the court with
deceased limited partner has the the Securities and Exchange
power as deceased had to make his Commission (Article 1865).
assignee a substituted limited partner
as well as all the rights of a limited Dissolution and liquidation of limited
partner for the purpose of settling his partnership: The limited partnership
estate, but the latter is liable for is dissolved: (1) in case of retirement,
liabilities of the de ceased limited death, insolvency, insanity, or civil in
partner (Article 1861). terdiction of a general partner (Article
1860); (2) when asked for by a limited
Amendment and cancellation of certi partner under the provisions of Article
ficate: Amendment of certificate is 1857.
made by: (1) executing a writing
which In settling accounts, the liabilities of
(a)shall conform to the requirements the partnership shall be paid as
of Article 1844 as far as necessary to follows: ( 1) those to creditors in the
set forth in certificate the desired order of priority as provided by law;
changes (2) those td limited partners in
(b)shall be signed and sworn to by all respect to their share of the profits
members including additional or and other compensation by way of
substituted limited or general partners income on their contribution; (3) those
as well as assigning limited partner to limited partners in respect to the
(Article 1856, par. 1). In case of refusal capital of their contributions; (4) those
to sign, the aggrieved party may go to to general partners other than for
court who shall order Securities Com capital and profits; (5) those to general
mission to record amendment or partners in respect to profits; ( 6) those
cancel lation and in the former case to general partners in respect to
plus a cer tified copy of its decree capital (Article 1863).
setting forth amendment; (2)
recording the writing with the Rights of existing partnerships: A
Securities and Exchange Com mission limited partnership under the law
(Article 1865). The grounds for prior to the effectivity of the Civil
amendment are stated in Article 1864. Code, until or unless it becomes a
limited partner ship under the New
Cancellation of certificate is proper Civil Code, shall continue to be
when the partnership is dissolved or governed by the pro visions of the old
all limited partners cease to be such law. It can however form under the
and is accomplished by ( 1) executing new law by complying with the
a writing to cancel certificate signed provisions of Article 1844 and setting
by all mem bers or an order of the forth in the certificates; ( 1) the
67
amount of the original contribution of compensation for his services in the
each limited partner, and the time form of a share of the profits in a
when the contribution was made; particular department or branch of the
and business is not a partner. This is also
(2)that the property of the partnership true where one in good faith lends
exceeds the amount sufficient to dis money to the firm upon an agreement
charge its liabilities to persons not to receive a share of the profits in lieu
claiming as general or limited partners of interest.
by an amount greater than the sum of
the contributions of its limited If one holds himself out to be a part
partners (Article 1867). ner and knowingly permits it to be
done by others, though he may not
Other illustration: An association of actually be a partner, as between
two or more persons to carry on, as himself and members of the firm, he
co owners, a business for profit. The will be a partner as to third persons
es sential feature of a partnership and be liable as such even though he
contract is the agreement to share does not intend it, and will be bound
profits in the business or undertaking by the contracts made by his
in connection with which the supposed partners. This is to prevent
combination exists. Consequent upon the fraud to which creditors and
the sharing of profits is the sharing of parties dealing with the firm would be
losses, unless it is other wise agreed, subject if the rule were otherwise. It
for there may be a part nership also serves to prevent false credit
without all the partners sharing the being given to a partnership on the
losses. faith of the supposed partner's
Usually there is a community of in responsibility, for every partner is
terest in the capital employed and a personally liable for the entire debts of
community of power in the manage the partnership after the exhaustion of
ment and business, but neither of the partnership assets. So
these is essential to a partnership for binding is this rule that in order to
one partner may contribute skill or hold a nominal or pretended partner
labor alone, and the business may be it is not necessary that the creditor at
Juan aged by one to the exclusion of the time of the contract be aware of
the others. In fact there may be little or the composition of the partnership.
no capital, for there may be a There is no particular method thus
partnership between persons acting con stituting one's self a partner as to
merely as man agers or disposers of out side parties. The use of his name
the goods of others, and there may be over a shop door or in printed notices
a partnership in a single transaction as or bills or advertisements or the doing
well as in a continuous series of of var ious acts indicating partnership
transactions. One who receives and sufficient to induce others to
68
believe him to be a partner will effect
the re sult. If, however, there is a The formation of a partnership may be
stipulation among the partners that a in writing or verbally or from tacit
person ap pearing to be a partner shall understanding evidenced by mere acts
be liable to no less he will not be so but it must be voluntary and no
liable to one having absolute stranger can be introduced into the
knowledge of the stipulation. firm without the consent of the whole
The presumption is that there is a firm. Therefore, unless it is otherwise
partnership where there is a sharing ex pressed in the contract of
of profits. This presumption, partnership. executors and
however, may be overcome by representatives of a de ceased partner
showing that one receives a share of will not take his place in the
percentage of profits merely as partnership, and even such an ex
en1ployee, agent, factor, broker or press provision only has the effect of
otherwise by way of compen sation giving such executors or represent
for labor, trouble or services, or for atives an option to become partners or
rent of factory or for some other not. Under the Statute of Frauds an
privilege, for there is a distinction be agreement of partnership to
tween an agreement to share profits as commence more than a year
such, and an agreement to share and subsequent should be in writing. An
pay out profits not as profits but in agreement of partner ship for buying
payment for something. and selling land should be written.
There may also be a partnership with
Officers and crews of sailing vessels a partner or a sub-partnership, but the
who are paid by a portion of the prod sub-partner will not have relations
uce of the voyage are not partners, nor with the main partnership. He
is a captain who takes a vessel under participates in the profits of the
an agreement to share profits or to particular partner with whom he
pay certain charges and receive a contracts and his responsibility or
portion of the earnings, and those liability for the debts of the general
making ship ment or freighting goods partnership are co-extensive with
for part of the profits are generally not those of the particular partner with
considered partners with the owners. whom he contracts. If he causes dam
Dormant partners are liable to third age to the partnership by his default
parties when discovered, as well as the party taking him into partnership
others. Sharing in profits, they must will be liable to the other partners.
also share in burdens. Any other rule A partnership may exist in any busi
would furnish a means whereby one ness or transaction which is not a
might obtain what would be in effect mere personal office. There may be a
usurious interest on money invested part nership to trade in land, or to
by him. own and make use of a ship, though
69
mere joint ownership of a ship will or entering into partnership relations
not constitute the owners partners. with him run the risk of his avoiding
and repudiating the contract if it
Partners ordinarily are liable person proves disadvantageous to him. If
ally for partnership debts after arriving at age he agrees to carry on
exhaus tion of partnership assets, yet the partnership or receives profits
statutes authorize the formation of from it, this will amount to a
limited part nership, limiting the confirmation, and will make him
liability of the in dividual partners, liable on the contracts of the firm
-usually to the ex tent of the capital made during minority. A married
subscribed by them individually. woman can enter into partnership as
well as con duct business for herself.
Certain requirements in such cases are
made as to character and method of In all partnerships in trade such in
execution of articles of association and dividual partner is an agent for the
as to recording the same in the proper other and his act or contract binds all
public office open to public inspection with reference to matters in the usual
and usually notice of the character of course of partnership business or nec
the partnership must be given by essary thereto, whether the partners
post ing a notice in the chief place of are ostensible, dormant, actual or no
busi ness or using the word, "limited", minal. He may effect insurance,
as a part of the name of the concern receive or receipt for money for the
and the like. firm, com promise with its debtors or
creditors, release debts due to it,
The term "joint stock company" is borrow money, purchase goods and
sometimes applied to ordinary may even sell the whole personal
partner ship containing a large effects of the firm at a single sale.
number of members and in some
instances, possibly, to limited A partner may pledge or mortgage
partnership. Partnerships with limited the partnership goods unless
liabilities are much in the nature of otherwise provided by statute, as
corporations and the general rules of security to prior debts or debts
law relating to them are similar to thereafter to be contract ed on account
those relating to corporations. of the firm. He may as sign the
property for the benefit of one creditor
Any person of legal capacity to enter or several or all the creditors of the
into a contract may become a partner. firm, but, of course, each assign ment
A minor may become a partner or must be for the benefit of all and not
make any other trading contract of one or several where the statute
which will possibly turn out to his laws in force so provide. It should be
benefit, but per sons dealing with him added that authorities differ as to his
70
power to make a general assignment partner ship injures a person or his
alone for the benefit of creditors. The property, the other partners will be
power of a single partner, however, to liable. For a willful tort, however,
dispose of the partnership property committed by one partner, another is
does not extend to real estate. in general not liable. All the partners
will be responsible for a wrongful
A partner may draw, accept and en conversion by one of them of the
dorse bills, notes and checks in the property of an outsider to the use of
name and for the use of the firm and if the firm.
so executed it is presumably for part Generally the act or admission of one
nership purposes. But if a partnership partner in legal proceedings is binding
is carried on in the name of a single on the firm. Notice to one is notice to
per son, in order to hold the all.
partnership liable it must be shown
that it was given in connection with One partner cannot bind the firm in
the partnership busi ness. guaranteeing the debt of another, or as
surety, or as a party to an
Though one is held out as a partner, accomodation bill or note, unless there
yet if he is not a partner, one who gave is a special au thority given for that
the firm credit not knowing that he purpose, or one implied from the
was so held out, cannot hold him common course of business, or from a
respon sible. Where there was a previous habit of dealing known and
change in the composition of a firm, consented to by the other partners, the
the new firm un dertaking to pay the transaction is sub sequently adopted
debts of the old out of the business, it or ratified by the firm. If one takes the
was held that credit ors of both the instrument knowing the partnership is
new and the old firm have preferences a party thereto as guarantor, surety or
against partnership assets over the accommodation endorser, it devolves
creditors of the individ ual members upon him to show circumstances
of the new firm. establishing the liability of the
members of the firm other than the
One partner will be bound by the one signing.
fraud of his co-partner in contracts
relating to partnership affairs made One partner without authority ex
with third persons innocent of the press or implied from circumstances
fraud, but where there is collusion cannot bind the firm by a contract to
between the third party and the convey real estate or by conveyance
contracting partner. thereof or by the execution of any in
strument which the law requires to be
If the partnership, in pursuit of the in the form of a deed (that is, an
partnership business and with instru ment of writing under seal), but
71
this does not apply to an instrument they will not be liable, for the
which may legally be under seal or authority from one partner to another
not at the option of the parties. One to contract and act as his agent is
partner can not bind his co-partners implied only, and the right to control
by a voluntary confession of judgment and direct that agency, if expressly
against the firm. The act of a partner exercised and declared, in each
in a matter wholly unconnected with partner. If the dissenting partner,
the partner ship business binds however, afterwards assents and
himself only. rati fies the transaction or receives
benefit from it, he will be bound by it.
Partnership assets are first liable for Where the majority acts it must be
the debts of the firm, and this will in- fairly con stituted and proceeds in
elude real estate used by the partner entire gooc1. faith.
ship and purchased with partnership
funds, and such real estate will not be Each partner has a specific lien on
subject to dower or to inheritance partnership stock for the payment of
until the partnership liabilities have debts made by him to third persons,
been met. Each individual partner is and for the amount of his own share
likewise liable for all the debts of the of the partnership stock and for all
partner ship, and his property may be mon eys advanced by him and the
sold by a creditor of the firm after moneys abstracted by the partners
exhaustion of the partnership assets. beyond their shares. Such lien also
attaches to part nership real estate,
In an ordinary partnership no ar and any stock ex tracted by a partner
rangement between the partners having the lien to - an extent sufficient
them selves, however, valid and to make him equal with other
binding be tween them, limiting their partners. Such prior claims of
several lia bilities can limit or prevent partners must be satisfied before a
their liabi lity to persons dealing with creditor of the individual partner
the firm. Where, however, a creditor can realize on his share of the
has express notice of a private partnership assets, or in other words,
arrangement be tween the partners by the partner's share as against his
which either the power of one to bind individual creditors will be
the firm, or his liability on partnership diminished to the extent of the liens of
contracts is qualified or defeated, such his co-partners.
creditor will be bound by the
arrangement. And where one The exact firm name should be em
contracting with one partner has ployed by each partner in signing
express notice from the others before papers, otherwise there is danger of
the contract is closed that they will not the one signing becoming personally
consider themselves responsible, liable to the firm, no partner having
72
implied authority other than by the iiiegal where they pass off themselves
firm alone. If,however, the firm has no or their goods for the original firm of
fixed name one signing in the name of its goods, and if done intentionaily it
himself and associates will bind the will be illegal even though the
partnership, but it should appear for imitators really have the same name
whom he signs. An adopted as the original. firm.
partnership name may be the same of A partner has no right as between the
a single person not even interested in partners to pay his individual debt by
the business will bind all the partners. setting off against it a debt due from
If the name of one partner is used as his creditor to the firm. But if he does
the firm name and he does business this and the credit is made
also on his own private ac count, a accordingly on the books of the firm,
contract signed by him will be the partnership cannot afterwards
presumed being by him individually recover it.
until it is shown to be on behalf of the
firm. A partnership will be dissolved by the
termination of the period for which it
It is said that a partner can be neither was formed if this is for a definite
debtor nor creditor of the firm of period (unless there has been an ex
which he is a member, though he may press or tacit agreement to continue
be a debtor or creditor of a co-partner, it), or at any time by mutual consent
and a firm may not sue or be sued by of the parties and if no fixed time is
one of its members for this would limited for its continuance any partner
result in the seeing of himself. may dis solve it at any time. The death
Partnerships sue and are sued in the of a partner terminates the
names of ali partners. Similarly one partnership unless there is an express
firm cannot sue another where the stipulation for the continuance thereof
same individual is a partner in each, to the personal representatives of one
though, as to this, statute laws have in dying. Upon the death of a partner,
some instances been enacted enabling the surviving partners have a right to
suits to be brought in such cases. The realize upon the assets of the firm, pay
above must not be construed to mean the debts and distribute the balance
that suits in equity cannot be brought among the living partners and the
for an accounting between partners, or representatives of the one deceased.
for the purpose of correct ing wrongs Bankruptcy of a partner will termin
committed by partners against other ate the partnership; so will the assign
partners in the conduct of the affairs ment of the partnership effects for the
of the concern. benefit of creditors or sale of the share
of a partner under execution. The civil
A firm name may operate as a trade death of one of the partner effects the
mark and if so its use by others will be same result. Dissolution may take
73
place also by the extinction of the mutual confidence amongst the part
subject matter of the partnership or ners. But a partner cannot
the completion of the business intentionally create such conditions
undertaking to which the partnership for the purposes of securing a
pertains; also by the assignment of dissolution and thus effect the result
one partner's interest to a co-partner desired by himself. A dissolution by
or a third person. decree may be obtained if the business
is in a hopeless state, and the property
Members of a m1nmg partnership is liable to be stated and lost.
holding the larger interest or portion The confirmed insanity or other infir
of the property have power to do mity of a partner may be cause for a
what is necessary and proper for de cree of dissolution both to protect
carrying on the business and the lunatic and to relieve the co-
controlling the work, in case of partners, but neither insanity nor
disagreement, for the benefit of all some other in firmity will of
concerned, but, of course, the business themselves dissolve the partnership
must be carried on in good faith. A without some action taken, and to
partnership in boring for oil is of this secure a decree, the lunacy or malady
nature. With respect to such a must be clearly established. A
partnership it may be said that if a temporary illness is not sufficient. A
member dies or becomes bankrupt, or partnership dissolved by death of a
sells to a stranger or to an associate, partner is dissolved as to the
these incidents do not affect a dissolu whole firm.
tion as in ordinary partnerships,
owing to the disastrous consequences As to third persons, partnerships will
that would result in such cases from not be dissolved without notice to
the fol lowing usual role. them that the partnership no longer
exists, and this notice must be
A partnership of a firm may be dis actual and brought home to persons
solved before the expiration of the who have been in the habit of dealing
term by a decree of a court of equity with the firm, but as to persons who
founded on a willful fraud or gross did not have such previous dealings,
misconduct of one of the partners, or notice fairly given in the public
upon his gross carelessness or waste, newspapers is sufficient. Notice is
or on his exclusion of other partners necessary to termin tte the agency of
from a just share of the management, each partner and consequently his
or upon the existence of violent and power to bind the firm. It is not
lasting dissensions between the necessary to give notice of the
partners which prevent the business withdrawal of a dormant partner from
from being conducted upon the the firm to any creditors who do not
stipulated terms or destroys the know of his being a partner. Though
74
notice is not given, the estate of a ance. It will also satisfy the Statute of
deceased partner will not be bound by Frauds in the case of sale of goods.
contracts made after the death, nor is
notice necessary where dissolution is Part Performance
compelled by operation of law as in
the case of bankruptcy of a member of The partial carrying out of an oblig
the firm. ation to do something which will in
some cases prevent, in equity, the de
A dissolution terminates all transac fense of informality in the making of
tions between the partners and be the contract.
tween them and third parties except
for the purpose of winding up the Party
concern and carrying out contracts
already made. The firm continues to A person who takes part in a legal
exist so far as is necessary to wind up transaction, especially in an agree
the business and complete contracts ment. The various parties are
and to convert the assets for payment described as "parties of the first part,"
of debts and dis tribution amongst the "of the second part,'' etc.
partners. Where there is a
disagreement or dispute amongst the A litigant, whether as plaintiff, de
partners a receiver may be appointed fendant or intervenor.
by a court of equity to wind up the
affairs and make proper disposi tion One who is to be benefited or injured
of the proceeds. If all the partners by a judgment or order of a court, and
agree, however, and debts are all paid includes any person who is a party to
and satisfied, the dissolution and the record. (People's Homesite and
distri bution of the assets may be Housing Corporation vs. Jeremias, 73
made in way satisfactory to them. SCRA 221)
75
Party in Interest (http://www.chanrobles.com/republic
actno7941primer.htm)
In the law of procedure: A party in
interest is a person who has a Party Wall
beneficial interest in the result of the
action or who might be injured as the A wall erected on the line between
result thereof, and who is entitled to two adjoining properties, belonging to
maintain an action. different persons, for the use of both
estate. In general, by statute such
In some jurisdictions: Evidentiary walls must be built equally on both
rules prohibit a party in interest properties at the general expense of
from testifying as to transactions with the owners; but, if only one owner
a de cedent. wishes to use it, he builds it at his own
expense, the other paying half of its
One who would be benefited by the value when in the future he makes use
estate, such as an heir, or one who has of it. Each owner has a right to put his
a certain claim against the estate, such joints in it and use it for the support of
as a creditor. (Ngo The Hua vs. Chung his roof and house.
Kiat Hua, 9 SCRA 113)
Where the party wall has been built
Party List System and the adjoining owner wishes to
have a deeper foundation under it, he
It is a mechanism of proportional may undermine the wall, using due
representation in the election of care and diligence to prevent injury to
representatives to the House of his neigh bor, and if he does he is not
Representatives from marginalized or liable for injury that may arise. If one,
underrepresented national, regional in tearing down his building, takes
and sectoral parties, or organizations down the party wall with it he must
or coalitions thereof registered with erect another with in a reasonable
the Commission on Elections time and with the least possible
(Comelec). inconvenience to his neighbor. If the
wall requires repairs the other owner
It is part of the electoral process that which, however, may not exceed his
enables small political parties and portion of the cost of the old wall, or
marginalized and underrepresented of a new wall similar to the old one. If
sectors to obtain possible the wall is taken down negligently so
representation in the House of as to injure the neighboring houses
Representatives, which traditionally is dam ages may be recovered.
dominated by parties with big
political machinery. One does not have a right to put
windows in a party wall. The
76
adjoining owner has a right to have Corporation Code. (Sec. 6,
the wall built solid. Corporation Code of the Philippines)
The ''par value'' is defined by law, and To transfer, as in the case of title to
(as in the case of the pesos) is based property of any kind; or, intransitely,
upon its gold content. (Commis sioner to be transferred, as in the phrase, "the
of Internal Revenue vs. Tan juatco, 101 title passes'' or ''the estate passes.''
SCRA 816). To accept as valid or to allow, a report
or an account. With the preposition
In banking laws: The official rate of "on" or "upon," it is equivalent to '
exchange established by a 'decide' ' or ' 'determine. ''
government, in contrast to the free
market rate. It is the value as officially Passage
defined in terms of gold or, under the
silver standard, where there was such The privilege of transportation or
a standard, in terms of silver. It transit, especially by water.
signifies the amount it takes one
currency (for example, based on gold) The voyage itself, especially by water.
to buy a unit in another currency The money paid for passage.
(also based on gold), that is, how
many pieces of the unit (or their gold Passenger
content) are necessary to equal the
gold content of the other unit. One who is carried by a public carrier
from one place to another, whether for
Par Value Share consideration or without it. The
master, mate and crew of a ship and
In corporation law: A class of share the train personnel of a railroad or
with specific money value that monorail, are not included in the term.
appears on the face of the stock The laws relating to common carriers
certificate au thorized to be issued by determine the rights, privileges and
stock corpo rations under the New duties of passengers, with respect to
tort and contract obligations. A quest,
77
e.g., in an auto mobile, is not generally Diligence required of common car
considered a passenger. riers of passengers: Common carriers,
from the nature of their business and
A passenger is a person who under for reasons of public policy, are bound
takes with the consent of the carrier to to observe extraordinary diligence for
travel in the conveyance provided by the safety of the passengers transport
the latter, otherwise than the service of ed by them, according to all the
the carrier as such. circumstances of each case. (Article
1733, Civil Code.)
Necessity of contract: A contract,
either express or implied, is generally A common carrier is bound to carry
viewed as essential to the creation of the passengers safely as far as human
the relationship of carrier and care and foresight can provide, using
passenger. The basic requirement of a the utmost diligence of every cautious
valid contract should accordingly, be persons, with a due regard for all the
fully satisfied, whether its origin is in circumstances. (Article 1755, Civil
the acts of the parties or in Code)
relationship that the law creates upon
the ground of public policy. The extraordinary diligence required
of common carrier is calculated to pro
Tickets: Bills of lading or tickets in the tect the passengers from the tragic
case of transportation of passengers mis haps that frequently occur in
may be different, one for persons and connec tion with rapid modern
another for baggage, but all of them transportation. This high standard of
shall contain the name of the carrier, care is impera tively considered that
the date of shipment, the points of de every person must in every way be
parture and arrival, the price, and safeguarded against all injury. (Report
with regard to baggage, the number of the Code Commission, pp. 35-36)
and weight of the packages, with any The present Code introduces into
other indication which may be Philippine Law the Anglo-American
considered necessary in order to easily principles on common carriers. The
indemnify them. (Article 352, Code of nature of the business of common car
Commerce.) riers and the exigencies of public
policy demand that they observe
The relationship of carrier and pas extraordina ry diligence. With the
senger is not terminated if the passen modern development of science and
ger returns to the bus to get a piece of invention, transportation has become
baggage left therein. (La Mallorca vs. more complicated and hazardous, so
Court of Appeals, 17 SCRA 739.) that the public is forced to trust all the
more in the utmost diligence and
foresight of common carrier, whether
78
by land, sea, or air. The extraordinary truck with seating com partments at
diligence imposed by the present code the back not used for hire shall be
on common carrier is but -justification registered under special ''S''
of the ancient principle that the well- classifications. In case of dispute, the
being of the people is the supreme Commissioner of Land Transportation
law. (Report of the Code Commission, shall determine the classification to
pp. 65-67) which any special type of motor
See also Common Carriers. vehicle belongs. (Article II, Section
3[b], Land Transportation and Traffic
Passenger Automobiles Code.)
79
mitigate his liability for parricide (he
strangled her). The obfuscation must
be caused by an unlawful act. An Passive Solidarity
order made by the constabulary
soldiers that the palay on the disputed Where solidarity exists among the
land should be deposited with the debtor, i.e., each debtor may be com
barrio Lieutenant is not an unlawful pelled to pay the whole obligation to
order that should cause obfuscation. the common creditor. This may
Acting on the im pulse of anger was likewise exist although the debtors
considered mitigating in libel. are not bound in the same manner
Obfuscation cannot be mitigating if and by the same periods and
the cause of the loss of self-control conditions. Hence the creditor may
was trivial and slight as when the proceed against any one of the
victim failed to work on the hacienda solidary debtors or some or all of
of which the accused was the overseer them simultaneously except in the
because said victim had been case of judicial bonds. The demand
confessed in anticipation of his made against one of them or the
marriage; or where there was a breach pendency of a claim against one of the
of contract for the hire of a boat; or debtors or the death of one of the
where the accused was in des pair debtors or the death of one of the
because he was broke; or where the solidary debtors, shall not be an
killing was the offshoot of land obstacle to those which may sub
trouble; or where the two accused saw sequently be directed against
their uncle picking fruits from a tree the others, so long as the debt
claimed by them; or where the victim has not been fully collected.
made this chance remark: ''What of it
if you throw away the water I can also
get water as easily as you can?' ' Passive Trust
80
per son intending to travel or sojourn There are other kind of passports
in foreign countries. which is issued in time of war. It con
sists of a written permission given by
The issuance of passports is essen a belligerent to enemy subjects or
tially the functions of the Foreign others entitling them to pass
Office of a State; however, today most unmolested with in his territory or
countries authorize their consuls enemy territory occu pied by him.
abroad to issue passports. In
exceptional cases, diplomatic officers The statement that the Foreign Of fice
may also do so. The various types of of a certain government' 'has hand ed
passports commonly used are: the ambassador of----his pass ports''
Diplomatic passpots: Issued to am simply means that the receiving State
bassadors, ministers, officers of the has ordered the ambassador to leave.
Foreign Service and other persons Fonnerly, recervmg govern ments
hav ing a diplomatic status, and actually issued passports to for
members of their immediate families. eigners, which served as their entry
Special passports: Issued to Govern and exit visas. So when a host govern
ment officials who do not have diplo Inent handed an ambassador his exit
matic status and members of their im passport or visa, it was tantamount to
mediate families; and telling him that the government
Regular passports: Issued to private wanted him to leave. Nowadays, this,
persons who are eligible to apply for of course, is no longer done but the
them under the laws and regulations expression, ''handling the ambassador
of the country. his pass ports'' is still sometimes used
figuratively.
Some States issue other types of
passports besides those mentioned Past Consideration
above for particular purposes. For ex
ample, in the United States system An act done not in exchange for any
there are the so-called: promise and which is not good
Service passports: Issued abroad by consid eration for a subsequent
designated officers of the Foreign promise. In certain cases past
Serv ice to American citizens or consideration is valid consideration.
nationals who owe allegiance to the
United States; and Dependent Generally, a written promise to pay a
passports: Issued for use in connection debt barred by the statute of
with the bearer's visit or residence limitations or by discharge in
abroad as a dependent of American bankruptcy will revive the obligation.
military, naval, air or civilian
personnel on active duty outside the
continental limits of the United States.
81
Past Due At the common law: The term is
loosely used in the sense of a father
A debt which existed before a note act ing as head of his family. The term
was made promising to pay it or has no legal significance at common
before property was transferred to law except as a variant for "father" or
secure it or to satisfy it. The existence ''husband.''
of a past debt makes the transferee a Paternity
bona fide purchaser unless he knows
of any defect in the property The civil status of a father in relation
transferred. to the children begotten by him. In a
sense, it is also used to designate the
Pasture civil status of a mother in relation to
the children begotten by her. The
Pasturage: The right of grazing cattle matter of paternity and filiation is
in a particular place. governed by Title VIII of the New
The place which is employed for Civil Code.
grazing cattle.
Patria
Patent
Lat. Country.
As an adjective: Applied to some thing
apparent on the face of an instru ment, The word used, when procedure was
as an ambiguity or an error. in Latin, to describe the jury. "Ponit se
super patriam;"- "He puts himself on
As a noun: An exclusive right to an his country.''
invention throughout the Republic of
the Philippines granted to the Patria Potestas
patentee) his heirs or assigns for the
term there of. (Sec. 20, R.A. 165, as Lat. Paternal power.
amended)
At Roman law: The almost unrestrict
Paterfamilias ed power which a man, a
paterfamilias, had over his children or
Lat. Father of the family. descendants. It extended to the power
of life and death, of selling into
In Rornan law: A man ''sui juris' slavery, and included the title to all
whose father, under whose potestas property acquired by children or
(paternal power) he was born, has descendants. Unless forn1ally sur
died, or one who has been rendered by emancipation, it lasted till
emancipated by his father. the death of the pater familias, no
matter how old the children were. If a
82
man having sons and grandchildren Land that is other than part of the
died, the grandchildren came under patrimonial property of the State,
the potestas of their father. Abuse of provinces, cities and municipalities is
patria potestas was checked by of private ownership if it belongs to a
custom and, in later Roman law, by private individual. (G.R. No. 179987,
specific legal pro visions. Heirs of Mario Malabanan, vs.
At the common law: The term is used Republic of the Philippines)
loosely for the rights of a father over Patrimonial Sea
his minor children. In International law: There is now a
growing number of states asserting
jur isdiction over what they call the
exclu sive economic zone or the
patrimonial sea, which extends two
Patrimonial Properties hundred naut ical miles from the coast
or the base lines. All living and non-
Article 422 of the Civil Code states living re sources found therein are
that "[p]roperty of public dominion, claimed to belong exclusively to the
when no longer intended for public coastal state.
use or for public service, shall form
part of the patrimonial property of the The concept of the patrimonial sea
State." It is this provision that controls was adopted in the Declaration of
how public dominion property may Santo Domingo, by the Carribean
be converted into patrimonial states, in 1972, the General Report of
property susceptible to acquisition by the African States Regional Seminar
prescription. on the Law of the Sea, held in
Yaounde in 1972, and the Addis Ababa
Land, which is an immovable Declaration of 1973, adopted by the
property,10 may be classified as either council of Ministers of the
of public dominion or of private Organization of African Unity, and
ownership.11 Land is considered of has also been formally proposed by
public dominion if it either: (a) is Kenya. However, it has not yet been
intended for public use; or (b) belongs re cognized as a rule of international
to the State, without being for public law.
use, and is intended for some public
service or for the development of the It will be so, though, if the new Con
national wealth.12 Land belonging to vention on the Law of the Sea is rati
the State that is not of such character, fied.
or although of such character but no
longer intended for public use or for
public service forms part of the
patrimonial property of the State.13
83
Patrimony As distinguished from indigent: The
difference between ''paupers'' and
The entire sum of all the hereditary "indigent" persons is that the latter
rights of any person, after it has come are persons who have no property or
into his possession. source of income sufficient for their
support aside from their own labor,
Patron though self-supporting when able to
work and in employment. (Ibid.)
At Roman law: A man who has eman
cipated a slave. Many rights remained
in a patron over his emancipated slave
(libertus), especially rights of inherit
ance and a claim to certain dutiful Pauperis, In Forma
services.
Lat. A phrase used for the right to
Pauper bring an action or any other
proceeding at law or equity without
Properly, the Latin term for a poor paying the legal fees or by paying
man. This is the sense in which it is only a nominal fee. Motions to be
used in the phrase in forma pauperis. permitted to proceed in this way will
A person so poor that he must be be granted if supported by evidence of
supported at public expense. (Acar vs. poverty. This generally fixed by court
Rosal, 19 SCRA 625). of rule or statute.
84
Pawnbroker is lim ited merely to the delivery of
money due. There is therefore
A person licensed to lend money on payment in all kinds of obligation,
the security of personal property whether to give, to do or not to do.
pledg ed to him. He is permitted by
law to charge interest greatly in Characteristics of payment: (1) integ
advance of that which other lenders rity of payment, i.e., that the thing or
may charge, but he is subject to strict service in which the obligation
policy regul ation. If the pawned consists has been completely
articles are notre deemed they may be delivered or ren dered as the case may
sold, under spe cial statutes, without be; (2) identity of payment, i.e., that
being offered to the highest bidder. the very thing or service or abstention
The price may not be more than the must be rendered or delivered; and (3)
money loaned and accrued interest. indivisibility of paymentt, i.e., no
partial payment or performance is
Pax Ecclesiae allowed.
Means not only the delivery of money Giving a check is not considered pay
but also the performance, in any other ment, that is, does not cancel the debt
manner, of an obligation. The legal until paid or collected, and the holder
meaning of payment is broader than may treat the check as a nullity if he
the ordinary meaning since the latter derives no benefit from it, provided he
85
has not been guilty of negligence in and sue upon it or may sue
holding it until the bank on which it is immediately upon the original
drawn has failed or until in other indebtedness after it becomes due.
man ner loss is caused to the drawer
thereof. Payment may be made through a
third party. Where betting is not
Payment in forged bills or counterfeit illegal, money deposited with a stake
coin is generally a nullity unless it is holder may be paid to the winner. If
agreed that specific money be illegal, the depositor may reclaim the
accepted when the goods are sold or money at anytime before it is paid
the debt is contracted, but the false over, or give the stakeholder notice
money must be returned promptly or not to pay and hold him responsible if
within a rea sonable time. Payment to he does. If one owes another and gives
a bank by its own note which is the money to a third person to pay to
received as cash and passed to one's the other, the right to the money
credit is good payment. If a bill of becomes vested in the creditor and the
exchange or promissory note is debtor cannot re cover it back from
accepted as payment it will be good as the third party. If both the debtor and
such, but it will not effect payment, creditor agree with the third party that
unless it is shown that such was the the last named shall do the paying
in tent of the parties, until the money instead of the debtor, this is payment
is collected thereon. Giving one's own as to the debtor and re leases him, and
note for the amount of a debt he owes, the third party takes his place as
in general, does not nullify the debt debtor.
for which it is given. That is, it is not
pay ment unless it be so expressed. In A legacy may operate as payment of a
the sale of goods if the note of a third debt if the creditor authorizes the
per son is accepted for the price it is a debtor to send money in payment by
good payment. It is otherwise, letter and he does so this would
however, if the note is that of one of operate as a payment. If the money is
the partners in payment of a lost the loss will be the creditor's but
partnership debt. Gen erally, too, it the debtor must exercise care in
may be said that if at the time of sale it sending it.
was agreed that payment was to be
made in notes, a note given A receipt is only prima facie evidence
accordingly will effect payment and of payment and it is permissible to
dis charges the original debt, but if show that it was given by mistake,
the note was received as a mere and that notwithstanding the receipt
accommo dation to the purchaser the money was not paid. The receipt
there will be no payment, and the for the last year's or quarter's rent is
creditor may retain the note until due prima facie evidence of the payment
86
of all rents previously due, and in third person whether agent or not by
fact the receipt for any periodical direction of the principal will bind.
payment is prima facie evidence of the Payment to a broker or factor who
payment of all periodical payments or sells for a principal not named is
installments previously coming due. good. Payment to an attorney is as
Possession of an accepted bill of ex effectual as payment to his client, and
change by the acceptor, or a note by an attorney of record may even
the drawer, is prima facie evidence of discharge and satisfy a judgment for
the payment thereof. Irrespective of his client, but an agent appointed by
the bar of the various statutes of the attorney to collect may not.
limitation, a debt will be presumed to
have been paid after twenty years, If a sheriff collects money on execu
even if in the form of a judgment or tion he may pay it to an attorney for
mortgage or if evidence by an his client, but not if the power of
instrument under seal. This attorney to act as such has been
presumption, however, may usually revoked and the sheriff has notice.
be rebutted by evidence that the debt Payment to one part ner extinguishes
has not in fact been paid. The lapse of the debt either before or after
time shifts the burden of proof as to dissolution of the partnership.
payment from the debtor to the credit Payment to the creditor's wife will not
or. A judge may even infer payment discharge the debt unless she is his
from a shorter lapse of time if there be agent. The mere. fact that one is an
circumstance favoring the auc tioneer to sell real estate does not
presumption. au thorize him to receive a receipt for
the purchase money. Payment to one
An agent may make payment for his of several joint creditors or to one of
principal and an attorney-at-law may sev eral executors is sufficient.
discharge the debt against his client.
Payment may be made to an Payment should be made at the exact
authorized agent of the creditor, but time agreed upon. If this is not done
generally if made to the agent it must in terest will be allowed thereafter by
be in money in order to bind the way of damages. If payment is to be
principal, but if he takes goods on a future date nothing can be
without authority, even slight, previously demanded, and if there is a
subsequent acts of acquiescence will condition precedent to the liability,
be deemed a ratification. If the the condition must be performed
payment is made in the ordinary before payment can be exacted. The
course of business to an agent without debtor cannot require the creditor to
notice requiring the payment to be receive payment before the debt is
made to him self, this is binding upon due. Payments must be made at the
the principal, and payment to any place agreed upon unless changed by
87
the consent of both parties. If no place barred by limitation (out of date), the
of payment is mentioned the debtor creditor may apply it to the debt so
must seek out the creditor to pay him. barred unless the debtor has applied it
The creditor may require payment of to the other debt, but his doing so will
his whole claim at one time, unless not have the effect of reviving and
there is a stipulation for payment in putting new life into the un paid
parts, and may refuse part payment. balance of the debt which was bar red.
If the debtor in making the payment
If a payment is erroneously made enters it upon his book, as against a
under a mistake of fact it may be re particular debt and communicates the
covered back, but a mistake as to one's fact to the creditor, this will be an ap
legal liability under an admitted state propriation, but if he does this
of facts furnishes no grounds for without informing the creditor or
recovering back money paid without the creditor knowing it, it will
voluntarily under a claim that it was not operate as an appropriation by the
owing. This latter rule does not hold debtor, and the creditor has the
good, however, in some jurisdictions privilege to apply the payment as he
where the law is more liberal to the likes.
mistaken party. In this connection it
may be said that laws of another If the debtor owes one amount per
country are matters of fact rather than sonally and another amount as an exe
law. Hence, a payment made under cutor, or in any other representative
mistake as to what is the law in capacity he will not have an election
another country could be re covered but, must apply the payment to the
back. If one ignorantly pays a public personal account unless otherwise
officer fees which he is not entitled to, directed or permitted. Where either
and the officer does not inform him of the debtor or creditor has made an
the fact, the money may be re covered appropriation of the money to a
back. particular debt, the law will apply it in
If payment is made by letter, in gen accordance with justice and equity
eral it may be said that the debtor is and this will usually be to the most
discharged, though the money does precarious debt, unless there is some
not reach the creditor. reason to the contrary. Where,
If one owes another on two distinct however, one debt is a mortgage will
accounts, he may direct any payment be first paid on the ground that it
that he makes to be applied to which appears more for the interest of the
ever account he desires. If the debtor debtor to have this debt discharged. If
thus makes no appropriation of the the sum paid will exactly satisfy one
payment to a particular debt, the of the debts. it will be applied to that
creditor may then apply it as he one on the presumption that such was
desires. If one of the two debts is the intention.
88
receive it. When so paid the party
If one debt is absolute and the other paying escapes further responsibility
contingent, as where the creditor is a with respect thereto, and divests
surety or an endorser for the debtor in himself of all right to withdraw the
a note not yet paid,. the payment will money except by leave of court.
be applied to the absolute debt unless
the debtor directs otherwise. If a Sometimes where suit is brought for a
partner ship is indebted to one, and a given amount the defendant admits
partner who is also indebted to the that a smaller amount is due. Such
same person makes a payment from smaller amount with all costs accrued
partnership funds, without may be tendered by the defendant to
designating the debt to whic.h it shall the plaintiff and, if not accepted by
be applied, it must be applied to the him, may be paid into the court, the
partnership debt. object being to escape payment of any
Payment For Honor further costs in case the plaintiff fails
to recover more than the amount
In Negotiable Instruments law: tender ed. By such payment into court
"Payment for honor" may be made not the de fendant admits conclusively all
only Y a stranger but also by a party that the plaintiff will be obliged to
to the bill. The drawer of a check prove in order to recover the amount
which had been dishonored and so paid. He admits that the amount is
protested has the right to intervene due in the manner alleged in the
and pay it to pro test for his honor. It plaintiff's declar ation or statement.
may even be made by a drawee after
he has refused to accept the bill. In Payment not Extended
order to operate as payment for honor
supra protest and not as a mere In Tax law: Where a deficiency, or any
voluntary payment, it must be attested interest assessed in connection
by a notarial act of honor which may therewith, or any addition to the taxes
be appended to the protest. (Sees. 171 provided for in section one hundred
& 172, Negotiable Instruments Law) twenty is not paid in full within thirty
days from the date of the notice and
Payment into Court de mand from the Commissioner,
there shall be collected as a part of the
Money paid into court by direction or taxes, interest upon the unpaid
leave of court upon application of the amount at the rate of one per centum a
party owing or holding it where the month from date of such notice and
per son entitled will not accept it, or demand until it is paid. (Section 20,
his whereabouts is unknown, or National Internal Revenue Code)
where dif ferent parties are claiming
it, or where there is no one qualified to Payroll Period
89
Peace, Bill of
In Tax law: A period for which a pay
ment of wages is ordinarily made to An action in equity to quiet title to
the employee by his employer, and property when it is probable that
the term ''miscellaneous payroll claims will be asserted by a number of
period'' means a payroll other than a persons in separate actions. At
daily, weekly, bi-weekly, semi- present time, the same result may be
monthly, quarterly, semi-annual, or reached by a bill to quiet title, or, if
annual period. (Article 1, National several actions have already been
Internal Re venue Code) begun, by a petition to consolidate
them and enjoin separate prosecution.
A period for which a payment of
wages is ordinarily made to the em
ployee by his emplcyer.
Pay To Cash Or Order Peace, Justice Of The
A public official having minor judicial
In Negotiable Instruments law: An power. By statute his jurisdiction may
instrument "Pay to cash or order" is be limited to the trial of
payable to bearer and the drawee misdemeanors, or he may only act as a
bank may pay it to the person committing ma gistrate. He may also
presenting it without indorsement of be given power to try civil cases in
the drawer. However, as a matter of limited amounts.
banking prac tice, and as a security
measure, a bank may require the Peace Officer
indorsement of the drawer or of some
other person known to it and thus Person who is competent to file a
avoid possible complica tions as criminal complaint, a member of the
forgery of drawer's signature, loss of Constabulary and also who is directly
the check by its owner or raising of charged the preservation of peace, law
amount payable. (Ang Tek Lian vs. and order, whose duty to investigate
Court of Appeals, 87 Phil. 383) crimes and bring criminal offenders to
justice. (People vs. Barut, 89 SCRA 14)
Peace
90
Peculium tial damages'' which is only No.2 in
the order of payment.
Lat. Private property.
Courts cannot disregard the order of
Pecuniary Liability payment: When the respondent judge
permitted the accused to pay the P500
Applicability: In case the property of fine ahead and postponed the
the offender should not be sufficient payment of the indemnity of Pl,900 to
for the payment of all his pecuniary some other date, he obviously
liabilities. The order of payment is deviated from the express mandates
provided for under Article 38, Revised of the law. In demnity is No.2 and fine
Penal Code. is No. 3 in the order of payment. What
was done was exactly the opposite of
Non-applicability: If the offender has what the law or dained. What the
no sufficient or no property, there is court had done was to ommit the
no use for Article 38. accused to jail for a periOd not
exceeding six months. (Arti cle 39, par.
The order of payment of pecuniary 2, Revised Penal Code) upon non-
liabilities in Article 38 must be observ payment on the date sched uled for its
ed: Thus in robbery with violence execution of the indemnity imposed
against persons, A inflicted B serious by the sentence. (Domalaon vs. Yap,
physical injuries and took the latter's 59 O.G. 6675)
watch and ring worth Pl,250. As a re
sult of the physical injuries inflicted, B There is reparation in the crime of
was hospitalized and was not able to rape when the dress of the woman is
attend to his works for one month. For torn: In a case where the accused was
hospital bills he paid P500. For his fail convicted of rape, that part of the
ure to earn his salary for one month, judg ment ordering the defendant to
he lost P300. If A, after conviction, had pay the value of the woman's torn
only property not exempt from execu garments is reparation for the damage
tion worth Pl,OOO, it shall be applied caused to her property and is distinct
to the payment of the watch and ring, from indemnity.
which could not be returned, because (U.S. vs. Yambao, 4 Phil. 204)
they are covered by the ''reparation of
the damage caused'' and it is No. 1 in
the order of payment under Article 38.
The hospital bills in the amount of
P500 and the salary which he failed to Pecuniary Penalty
earn in the sum of P300 are covered by
the indemnification of the consequen The term ''pecuniary penalties'' (las
pecuniarias) in Article 89, Revised
91
Penal Code, refers to the fine and purpose of resale. (Section 194(f),
costs. (People vs. Satorre, 72 SCRA National Internal Rev enue Code)
439)
Pedigree
Peddler
Descent, especially where titles to
The term hawker is rarely used, and a nobility or interests in property are
peddler may travel either on foot or in con cerned. Bibles and similar books
a conveyance drawn by a horse or in which family relationship is
don key, or in an automobile. Both customarily recorded, charts and
peddler and hawker are distinguished tombstones, are admitted in evidence
from canvasser, drummer or solicitor to prove pedigree.
in fact that the latter merely take
orders and do not have goods with Pedis Possessio
them for immediate delivery.
Lat. A bare foothold.
In Local Tax law: Any person who,
either for himself or on commission,
travels from place to place and sells Pedophiliac
his goods or offers to sell and delivers
the same. Whether a peddler is a A pervert who prefers children as
wholesale peddler or a retail peddler sexual objects. (People vs. Santos, 85
of a particu lar commodity shall be SCRA 710)
determined from the definitions of
wholesale dealer or retail dealer as Penal
provided by this Code. (Section 3(b-l),
LocalTax Code) Pertaining to punishment.
92
The penalty clause is strictly penal or the Code or (2) to laws enacted
cumulative in character and does not subsequent to the Rev ised Penal
partake of the nature of liquidated Code, in which the penalty is more
damages (pena sustitutiva) when the favorable to the accused.
parties agree ''que el acreedor podra
pedir, en el supuesto incumplimiento Penal Statute
o mero retardo de la obligacion
principal, ademas de la pena, los A state which imposes a penalty or
daflos y perjuicios. Se habla en este forfeiture for violation as a vindication
caso de penal cumulativa, a of public justice and not as reparation
differencia de aquellos otros to an individual.
ordinarios, en que la pena es sus See also Penal law.
titutiva de la reparacion ordinaria.
(Pa mintuan vs. Court of Appeals, 94 Penal Sum
SCRA 556)
The amount mentioned in a contract
Penal Duty as a penalty for its breach. Suit for it
may be brought if it can be interpreted
That which imposes punishment for as liquidated damages and not as a
an offense committed against the state, penalty proper.
which the executive of the state has
the power to pardon. (Hernandez vs.
Al bano, 19 SCRA 95)
In common use: This sense has been Penalty
enlarged to include under the term
"penal statutes" all statutes which The punishment inflicted for the
command or prohibit certain acts and commission of a crime.
establish penalties for their violation,
and even those which, without Any disadvantage or forfeiture im
express ly prohibiting certain acts, posed by law for the doing of an act
impose a penalty on their commission. for bidden or legally discouraged.
(Ibid.) The sum which by contract, is to be
paid, if a contractual obligation is not
Penal Law fulfilled. Unless the amount can be
con sidered as liquidated damages,
The same as Criminal law. such penalties are .usually considered
void. The contractual penalty is often
The phrase "penal law" relates (1) to called the penal sum. Such penalties
penal laws existing prior to the are, how ever, generally considered
Revised Penal Code, in which the valid ir;t. con struction contracts, if the
penalty was less severe than those of
93
completiOn of the work is omitted or The phrase as used in Section 88 of
delayed. Republic Act No. 180, must be con
strued to refer to the general election
A sum of money assessed as punish for provincial officials in November,
ment by statute against persons guilty 1947, which was the next ones after
of certain offenses, which under a stat cre ation or coming into existence of
ute can be sued for by a private person the City of Dagupan on June 20, 1947,
either as a prosecutor or informer. and not to the general elections for
provin cial or municipal officials, to be
Penance held after the organization of the
govern ment of the City of Dagupan
A punishment imposed by a religious by Presid ential Proclamation. (Mejia
superior, as an evidence of penitence vs. Halo long, 81 Phil. 486)
or as amends for the sin committed:
The failure to submit to a duly Penitentiary
imposed pen ance may entail other
measures of ec clesiastical discipline. The general name for a prison as dis
tinguished from a reformatory. It is
Pendente Lite the nature of the institution rather
than its name which determines
Lat. While litigation 1s pending; whether it is a penitentiary, as that
usually of administrator. term may be used in a statute.
A phrase which marks the period be
tween the filing of an action and its Pension
de termination in the trial court; or in
some instances, up to the final A stated allowance made to a public
determination in the appellate court or or private employee who has retired
courts. Thus, temporary alimony and from the service in which he was en
support may be granted pendente lite, gaged, either by reason of age or be
or a temporary injunction may be so cause of incapacity suffered during
granted. the service. It is taken to be
compensation for services rendered in
Pending the past or for surrender of rights and
privileges.
Prior to the completion or conclusion;
during In Tax law: A pension is not treated as
a gift and is taxable as income.
Pending The Next General Elections
For Provincial And Municipal
Officials
94
People Per Capita
Lat. By the year; yearly. Lat. By the court, i.e., an opinion that
is rendered by the court as a whole,
95
and not by a single justice with whom existing claim or right. A peremptory
the other justices concur. exception is a plea which, if sustained,
will require a final dismissal of the
Perdefaltam action. Contrasted with dilatory plea.
At the common law: A writ or order,
Lat. By default. like a mandamus, which requires
unqualified obedience. Contrasted
Per Diem with an alternative writ.
A daily allowance given for each day Modern statutes allow peremptory
he (an officer or employee) was away challenges in all criminal prosecutions
from his home base. (Lexal and fix the number for both the prose
Laboratories vs. Nationa; Chemical cutory and the defendant. Under
Industries Workers Union-PAFLU, 25 some statutes the number of
SCRA 668) peremptory challenges allowed
defendants jointly indicted is the
Per diem is intended to cover the cost same though there were only one
of lodging and subsistence of officers defendant, while under stat utes
and employees when the latter are on each defendant is allowed the
duty outside of their permanent same number of challenges as
station. (Ibid.) though he were prosecuted
individually. Some of these statutes
A per diem usually signifies a increase the number of challenges
reimbursement of expenses incurred allowed the prosecution when
in the performance of ones duties. If the number of defendants is in
employed in a statute in the concept of creased, while under others the prose
remuneration, however, there must cution is only given additional
be, to justify an additional challen ges when the defendants are
compensation, a specific law that so entitled to additional challenges.
provides. Otherwise, fidelity to the (Martelino vs. Alejandro, 32 SCRA
constitutional demand against double 106)
compensation is lacking. (Peralta vs.
Mathay, 38 SCRA 260) Per Fas Et Nefas
96
Perfect "good and sufficient deed," the deed
must not merely be right in form, but
To make final; to complete. it must transfer a good title.
97
such cases time is said to be of the entire ty if a distinct part which is
essence of the contract, though even severable from the entire contract has
then if the party receives and accepts been per formed, for it would be
the article after the time of delivery, it unfair that he should profit from a
can hardly be said that he would not partial perform ance without any
be bound to pay a reasonable amount corresponding per formance or
for it though it is less than the contract payment whatever on his part.
price and though due allow ance is
made to him for loss sustained by Where one has contracted to do a
tardy delivery. thing he must either do it according to
the contract before he can recover any
Where no time for the performance of thing by reason of the contract, or he
the contract is specified a reasonable must show inability to perform by rea
time is intended, and what is a reason son of some act or failure on the part
able time will depend upon the of the other contracting party, accom
circum stances of the case. Where a panied by a tender of performance by
place of delivery is designated but no himself. It is not sufficient for him to
time, usually the delivery must be show a mere readiness to discharge
made upon demand. When a given his part of the agreement, but he must
length of time is allowed for show that he did all he could under
performance, in computing this date the circumstances. If either non-
when the contract was made must perform ance is caused or if
usually be excluded, unless it appears performance is pre vented by the act
that the language of the con tract or fault of the other party, this will
imports a different intent. The ex relieve the party whose duty it was to
pression ''between two days'' excludes perform.
both. Where the time of performance
under a contract happens to be on Where a contract provides that a thing
Sun day, it may be done on Monday. shall be done on notice given, the
If one has undertaken to do a thing by provision as to notice should be
a given time, and by some act careful ly complied with. Where a
distinctly incapa citates himself from thing is to be done by one on
doing it at that time, the injured party performance of an act by another, the
may sue at once and not await the other must give notice to the first
fulfillment of the time. party that the act has been performed.
Although where one fails to perform Where a natural intervention or so
his part on the contract, or disables called act of God prevents
himself from doing so, the other may performance this will relieve a party
treat the contract as rescinded if he of responsib ility, but if the prevention
himself has not been in default, yet he is only in part he will be relieved only
cannot rescind the contract in its to that extent. If one is bound to
98
perform a future act and before the of the sea; ( 2) Ordinary wear and tear
time for doing it declares an intention of the ship; and (3) the negligent
not to do it, this will not con stitute a failure of the ship's owner to provide
breach of contract unless he puts the vessel with proper equipment to
himself in such position that it will be convey the cargo under ordinary
impossible to perform it when the conditions.
time arrives.
The insurer undertakes to insure
against peril of the sea, not against
peril of the ship.
Performance Bond
Insurer is liable only for such losses or
A contract wherein a third-party, in damages proximately caused by the
exchange for a fee, secures another's perils insured against.
fulfillment of a contract
or performance of a duty. Per Incuriam
99
length. Definite, having distinct or cer
tain limits; determinate in extent of Perjury
character; limited; fixed- as definite
period. ( Capiral vs. Manila Electric The crime of deliberately swearing
Company, L-15721, December falsely, or of asserting under oath
27, 1963) something as true which the swearer
does not know to be true. A false
Period to File Action state ment by affirmation is likewise
perjury. By later statutes, whenever
The Supreme Court deleted the clause state ments are required to be filed
in Section 4, Rule 65 that permitted and sign ed for many governmental
extensions of the period to file purposes, such as income tax forms, a
petitions for certiorari, since sixty (60) false state ment knowingly made is
days is more than ample time to punishable as perjury.
sufficiently prepare for filing;
Exceptions: 1. Most persuasive and Swearing wilfully, absolutely and
weighty reasons; 2. To relieve a falsely, under oath, in a matter
litigant from scribed procedure; 3. material to the issue. In general,
Good faith of the defaulting party by perjury may be committed in case of
immediately paying within a an affirmation as well. Subornation of
reasonable time from the time of the perjury is the of fense of procuring
default; 4. The existence of special or another to make such false oath as
compelling circumstance; 5. The would constitute per jury in the
merits of the case; 6. A cause not principal.
entirely attributable to the fault or
negligence of the party favored by the To constitute perjury the oath must be
suspension of the rules; 7. A lack of taken and the falsehood asserted with
any showing that the review sought is deliberation and with conscious ness
merely frivolous and dilatory; 8. The of the nature of the statement made,
other party will not be unjustly for if made through inadvertence,
prejudiced thereby; 9. Fraud, accident, surprise or mistake of the import of
mistake or excusable negligence the question, there is no corrupt
without appellants fault; 10. Peculiar motive. If one swears willfully and
legal and equitable circumstances deliberately to a matter which he
attendant to each case; 11. In the name rashly believes, but which is false, and
of substantial justice and fair play; 12. which he has no probable cause for
Importance of the issues involved; and believing, he is guilty of perjury. Even
13. Exercise of sound discretion by the if one intend ing to deceive, asserts
judge guided by all the attendant what may hap pen to be true, without
circumstances. People vs. Espinosa, a knowledge of the fact, the accidental
721 SCRA 53.
100
truth of his evid ence will not excuse oath; (b) before a competent officer au
him. thorized to administer oaths; (c)
willful and deliberate assertion of a
Before one can be convicted of per falsehood by the offender; and (d) the
jury it must appear that the oath or af sworn statement containing the falsity
firmation was administered by one is re quired by law.
having competent authority to do so False testimony may be committed in
in the particular case, and an oath a sworn statement made in a prelim
before a private person or before an inary examination which leads to the
officer having no jurisdiction is no issuance of a warrant of arrest.
crime. The proceeding must be before Example: The law requires that a
him who is in some way entrusted preliminary examination of a criminal
with the administration of justice, and case all the witnesses. including the
the testimony must be in respect to a complainant, must be examined under
matter regularly before him. The oath. Therefore, a sworn statement
assertion must be ab solute. If, containing a falsity made by a witness
however, one swears merely he in a preliminary examination which
believes that to be true which he leads to the issuance of a warrant of
knows to be false it will be perjury; arrest may constitute perjury.
and it is immaterial whether the
testimony is given voluntarily or in Per Legem Terrae
answer to a question.
Lat. By the law of the land.
Another necessary element in per jury
is that the oath must be material. to Permanent Appointment
the issue. If the facts sworn to are for
eign to the matter in question there It is predicated, upon the appointee
can be no perjury; yet even questions possessing all of the qualifications re
on cross-examination asked for the quired by law and regulations for the
proper purpose of testing the credit of position to which he is appointed.
the wit ness as for example whether (Ata vs. Namocatcat, 47 SCRA 314)
he has before been convicted of
felony, are considered material. A permanent appointment is issued to
Declarations under oath on material a person who meets all the require
matters in non-judicial proceedings. ments for the position to which he is
Perjury may be committed in a testi be ing appointed, including the
mony made before the immigration approp riate eligibility prescribed, in
board of special inquiry. accord ance with the provisions of
law, rules and standards promulgated
Elements: (a) A statement or affida vit in pursu ance thereof. (Presidential
upon a material matter made under Decree No. 807, Section 2 [a].)
101
is it affected by the performance of
Permanent Disability occa sional odd jobs, (Ibid.)
102
A license to engage in certain activi the whole estate as well as of his half
ties or business, or to practice certain interest in it.
privileges.
Pernancy
A special privilege of a permission or
authority to do what is within its The act of receiving rents, profits or
terms. It is not in any way vested, tithes.
permanent, or absolute. It is not a
contract between the sovereignity and Pernor
the licensee or permittee, as to which
the Constitution al prescription One who receives rents, profits, or
against impairment of the obligation tithes.
of contracts may extend. (Gonzalo Sy
Trading vs. Central Bank, 70SCRA570) Perpetual Injunction
In Building law: As used in National
Building Code and its Implementing An injunction which is final, as dis
Rules and Regulations, the principal tinguished from a temporary InJunc
(building) permit and all the ancillary tion, which is granted to maintain the
or accessory permits pertaining to a status quo until the action is finally
building and its appurtenances, such de termined.
as mechanical and electrical permits,
sanitary/plumbing permits, and Perpetual Lease
permit to construct a fence, sidewalks,
towers, signboards, etc. A lease which the tenant has the
option of renewing as soon as it
Permit Office expires.
103
A person who desires to perpetuate Perpetuity
his own testimony or that of another
person regarding any matter that may A condition or status which, by
be cognizable in any court of the arrangement between private
Philip pines, may file a verified persons, is made to last unchanged for
petition in the court of the province of an exces sively long time.
the residence of any expected adverse
party. (Section 1, Rule 134, Revised The rule to prevent the tying of es
Rules of Court) tates and property, so as to make them
incapable of being conveyed for any
Whenever there is reasonable cause to great length of time. This is the well
apprehend future litigation in regard known rule against perpetuities. A
to a particular subject or matter and lim itation of property making it
the person threatened with or exposed inalienable for a longer period than a
to suit himself is unable to bring the life or lives in being twenty-one years
issue to an immediate judicial beyond, and, in case of a posthumous
determination, or when he himself child, about nine months more
proposes or intends to institute an allowing for the period of gestation.
action for the purpose of establishing
his rights with respect to a particular Per Plegium
matter or subject, but is un able, by
reason of some legal impedi ment, to Lat. By a security or pledge.
do so immediately, a court of equity
will entertain a bill or petition to Per Procuration
perpetuate, by the taking and filing of
their depositions, the testimony of In Negotiable Instruments law: When
wit nesses for the plaintiff who, an agent signs ''per procuration," it is a
because of his peculiar position, notice that he has but a limited
cannot avail him of such testimony in authority to sign and the principal is
an immediate judicial investigation bound only in case the agent in so
and decision of such controversy. signing acted within the actual limits
A petition to perpetuate testimony is of his authority. (Sec. 21, Negotiable
an original petition in anticipation of Instruments Law)
li tigation and is designed to secure
and preserve testimony or evidence. It Per Procurationem
is brought by the petitioner who
expects to be a party to an action in a Lat. Signature by an agent under lim
court of the Philippines but is ited authority.
presently unable to bring it or cause it
to be brought. Perquisite
104
The characteristic of a person is that
Formerly, acquired by the holder of he has the capacity to appear at law to
copyholds, above the rents, such as defend his rights or prosecute his
the special feudal rights, relief, claims. Until modern times, the extent
heriots, etc. of this capacity varied greatly with the
status of the person. Some persons
Anything lawfully acquired by an of had full capacity and some only a
ficer beyond the salary or wages of his limited capacity. But personally
office. existed, if there was any such
capacity, no matter how restricted.
Perquisition Even a serf was a per son to some
extent. The only exception was that of
Anything acquired by a holder of land a slave, wherever slavery was lawful.
otherwise than by inheritance. At the present time, every living
human being is, at common law, a
Per Quod person, although there are still
degrees of legal capacity, depending
Lat. By which. on status, on age and, in a number of
juris diction, on sex.
A phrase used to introduce an alle
gation of special damages. It was used In a few common law jurisdictions:
especially in such phrases as ''per Persons condemned to life imprison
quod servitium amisit," (Lat. "By rnent are declared to be "civilly dead,"
reason of which he [sc. the plaintiff] but they do not thereby cease to be
has lost the services'') in actions for per sons in many important respects.
the seduction of a daughter or a They may be sued at law, although
servant and ''per quod consortium they generally may not be plaintiffs,
amisit'' (Lat. ''by rea son of which he and various devices are used to
[sc. the plaintiff] in actions for injuries protect their property interest.
to a wife.'').
Human beings are called ''natural''
persons, to distinguish them from
Per Se ' 'artificial'' persons or corporations.
At common law: Corporations are de
Lat. Standing alone, or, in itself. clared to be "persons at law," or "arti
ficial'' persons. As such they may sue
In some cases, practically equivalent and be sued, and are invested with
to "as a matter of law." rights and liabilities different from
those of all or any of the natural
Person persons who by combination form
them. To acquire the status of artificial
105
or legal personality, the group seeking to any difference of race, color, or
it must be incorporated, i.e., must nationality, are protected. Aliens are
obtain a formal state license, which is included. Corporations and
now obtainable upon fulfilling certain partnerships. are ' 'persons' 'within
relatively simple requirements. the scope guarantees in so far as their
Unincorporated groups, like property is concerned.
partnerships, clubs, churches,
societies, are given a certain limited In rules of court: The very person
and restricted personality at common named in the summon is living at the
law, but that is rather for convenience time when the service is made, even
than in recognition of a legal status. though he may be temporarily out of
the country at the time. (Keister vs.
In modern Civil law: While incorpo Navarro, 77 SCRA 209)
ration is necessary for some purposes,
chiefly as a suit, may be treated as an As used in Section 3, Rule 110, Rules
artificial or legal person, and the same of Court: The term refers to natural
is true of a fund, like a foundation or persons only. So it was held that
trust, or a complex of interests like the corpo rations cannot be prosecuted
estate of a decedent. criminally and brought into court. The
only pro cess known to the Code of
A being, physical or moral, real or Criminal Pro cedure after an
juridical and legal, which is information is filed is an order of
susceptible of rights and obligations, arrest of the accused, and only natural
or of being the subject of the legal persons can be arrested. A cor
relations. poration is an artificial being created
by operation of law.
Kinds of persons and distinctions: ( 1)
A natural person or human being has In Local Tax law: Every physical or
physical existence, whereas a juridical moral, real or juridical and legal
person exists only in contemplation of being, susceptible of rights and
law; and (2) A natural person is the obligations or of being the subject of
pro duct of procreation, whereas a legal relations. (Sections 3 (c-1), Local
juridical person is the product of legal Tax Code)
fiction. In law of Taxation: An individual, a
trust, estate, corporation, or a duly re
In Constitutional law: Artificial or gistered general co-partnership.
juridical persons, such as the estate of
a decedent, as well as natural persons. In subdivision and condominium
(Limjoco vs. Fraganta, 80 Phil. 776) buyer's protection law: A natural or a
All persons within the territorial ju juridical person. A juridical person
risdiction of the state, without regard refers to a business firm whether a
106
cor poration, partnership, cooperative Lat. A phrase in the older terminology
or association or a single used to refer to a person de scribed or
proprietorship. (Presidential Decree named as an individual and not
No. 957, The Sub division and merely as a member of a class.
Condominium Buyers' Protective
Decree) Person Aggrieved
107
vs. Development Bank of the though the inter val is technically
Philippines, 71 SCRA 290) outside the regular hours of
employment in the sense that the
Personal Chattels worker receives no pay for that time
and is in no degree under the control
Movable personal property which a of the employer, being free to go
natural person may carry about with where he pleases. This principle is
him from place to place; as distin justified in part on a sort of
guished from real chattels. presumption that as long as the
employee is on the premises he is
Personal Contract subject to . all the environmental
hazards associated with the employ
A contract whose subject matter is ment, and also that although he may
personal property. be free t<:)_ go elsewhere during the
inter val, he is in some degrees subject
Personal Cultivation to the control of the employer if he
actually chooses to remain on the
Cultivation by the lessee or lessor in premises merely by virtue of being on
person and/or with the aid of labor the em ployer's property. (William
from within his immediate household. Lines, Inc. vs. Saiiopal, 42 SCRA 48)
(Section 166, Code of Agrarian
Reform) Personal Injury
108
broader conceptions of the term. personal liberty may, however, be
Today, personal injury is cons trued to abridged by due process of law.
include functional and organic harms,
as well as disease. Under the Personal Novation
Workmen's Compensation Act "in
jury'' includes both traumatic ha ms as Or subjective novation: May take
well as sickness. place in either of two ways: ( 1) by
sub stituting the person of the debtor
Personality or (2) by subrogating a third person in
the rights of creditor. Substitution of
The status of being a person, natural the person of the debtor may take
or artificial. place either by expromission or
delegacion. There is expromission
Personal Jurisdiction when a third per son distinct from the
creditor and debtor spontaneously
In International law: The power exer assumes the obli gation of the latter,
cised by a state over its nationals. It is relieving him of the same, with the
based on the theory that a national is creditor accepting the change and
entitled to the protection of his state without any intervention on the part
wherever he may be and is, therefore, of the original debtor. There is
bound to it by a duty of obedience and delegacion when the old debtor
allegiance. This duty follows him even presents a third person who will
when he is outside the territory of his assume the obligation, relieving the
state and he may not ordinarily be debtor of the same, and with the
excused from it unless he is prepared change being accepted by the
to renounce his own nationality. At creditor. Substitution of debtor may
that, some states do not even allow take place even without the
this under the doctrine of indelible knowledge or against the will of the
alle giance. The fact that personal debtor but not without the consent of
jurisdic tion is not easy to enforce does the creditor. The consent of the
not, of course, detract from the legal creditor may be given at any time and
power possessed by the state over its need not be simultaneous with the
nationals abroad. assent of the new debtor provided it is
made before the new debtor
Personal Liberty withdraws his offer. The consent of
the creditor may be given in any form
Freedom or liberty of movement, and may be implied from his acts.
without being subject to restraint or
imprisonment. It includes freedom Should the substitution of debtor be
from physical restraint, the right to by expromission the insolvency of the
make contracts, etc. The right of new debtor or his nonfulfillment of
109
the obligation will not give rise to any personal proper ty; so are rents,
liability on the part of the original copyrights and patent.
debtor whose liability is not, therefore,
revived. But if the substitution is by Title to personal property may be ac
delegacion, the insolvency of the new quired in different ways as by original
debt-or will not as a general rule acquisition by occupancy, capture in
revive the liability of the old debtor war, or finding lost thing by accession,
except when said insolvency was by intellectual labor, as in case of
already existing and of public copy rights and patents, by transfer,
knowledge or known to the old debtor by for feiture, by judicial sale, by will
when he delegated his debt. or through intestate laws or by gift.
110
Personal Service their substantive rights are protected.
Castro vs. Gregorio, 738 SCRA 415.
In Court Procedure: When service is Tendering summons is itself a means
made by personal delivery, it is of personal service as it is contained in
deemed complete and effective upon Rule 14, Section 6. Personal service, as
actual deli very. From then, all the provided by Rule 14, Section 6, is
periods of limitations shall begin to distinguished from its alternative
run against the party served (Section substituted service as provided by
8, Rule 13, Rules of Court) Rule 14, Section 7. Manuel vs. Ong,
738 SCRA 489.
Under Section 7, Rule 14 of the Rev
ised Rules of Court, summons may be Personality
served personally by handing a copy
thereof to the defendant in person or if All property not classified as realty.
he refuses to receive it, by tendering it The distinction between the two forms
to him. Personal service means actual of property has its origin in feudal
delivery or tender of the summons to England, when real property, or land,
the defendant personally. (Matan was of the first importance in
guihan vs. Tengco, 95 SCRA 478) determining social and political status.
Accordingly, the legal rules relating to
Personal Service Is Complete Upon the two forms differed extensively.
Actual Deli Very Under certain circumstances, real
property may be converted into
In rules of court: There must be ac- ' personal property (e.g., standing
tual physical transfer of the possession timber cut into boards) and vice versa
of the copy of the court order from the (bricks used to make a building).
possession of the clerk of the court to
the counsel. In mere "tender," there is A synonym for personal property.
no corporeal transfer of possession
and_hence, it is merely "constructive"
and not ''actual'' delivery. The term
"actual" means "real" in opposition to
constructive or speculative, something Personal Union
existing in fact. (Andrada vs. Argel,
65 O.G. 40) - --- In International law: A classification of
a State. A personal union comes into
Personal Service of Summons being when two or more independent
states are brought together under the
Personal service of summons should rule of the same monarch, who never
have been effected on the spouse and theless does not constitute one inter
all legitimate children to ensure that national person for the purpose of re
111
presenting any or all of them. As in
the case of Belgium and the former Usually the offended host govern
Congo Free State from 1885 to 1095, ment requests the sending
each member remains a state and an government to recall the offending
international person, although its diplomat. This request is normally
external policies are directed by the complied with. If it is declined the
same ruler who dictates the foreign host government simply informs the
affairs of the other components of the diplomat that it would hold no further
union. Strictly speaking, therefore, the official intercourse with him. Or, it
personal union is not a composite may summarily dismiss him.
state because no new international In the past the host government ac
person is created to represent it in tually issued a passport to the foreign
international relations. This is envoy accredited to it to enable him to
probably the reason why some enter and leave its territory; hence, the
writers, like Moore, discuss the expression, ' 'handing him his pass
personal union under the port,'' when the government wanted
classification of simple states. the diplomat to leave the country un
ceremoniously. This of course does
Persona Non Grata not hold true anymore but the
expression is sometimes still used
Lat. A person not acceptable. figuratively.
112
that article 152 of the Revised Penal
Personnel Economic Relief Code as now worded does not confine
Allowance (PERA) the concept of persons in authority to
those directly invested with judicial or
The Cost of Living Allowance (COLA) quasi-judicial functions.
had long been replaced by Personnel A division superintendent of schools
Economic Relief Allowance (PERA) is a person in authority within the
such that there may not even be a meaning of Article 148, in connection
need for the payment as integrated of with Article 152 of the Revised Penal
the COLA after its replacement. Land Code. (People vs. Benitez, 73 Phil. 671)
Bank of the Philippines vs. Naval, Jr., As distinguished from agent of a per
720 SCRA 796. son in authority: A person in
authority, in the words of Article 152
Personnel Action of the Rev
ised Penal Code is ' 'any person
Concept of: Any action denoting the directly vested with jurisdiction,
movement or progress of personnel in whether as an individual or as a
the civil service is called a personnel member of some court or government
ac tion. Such an action includes corporation, board or commission,"
appoint ment through certification, while an agent of a per son in
promotion, transfer, reinstatement, authority is one who, by direct
reemploy ment, detail, reassignment, provisions of law, or by appointment
demotion, and separation. by competent authority, is charged
(Presidential Decree No. 807, Section with the maintenance of public order
24.) and the protection and security of life
and property as who comes to the aid
Persons In Authority of a per son in authority. (People vs.
Carpizo, 80 Phil. 234)
One directly vested with jurisdiction.
By ' 'directly vested with jurisdic Illustrations of persons in authority:
tion'' is meant the power or authority Among the persons considered
vested in the judges to administer jus persons in authority are: The Chief
tice, that is, to try civil or criminal Executive, municipal and city mayors,
cases, or both, and to render judgment justice of the peace, provincial
therein in accordance with law. governor, provin cial treasurer,
''An Director of Posts, Divi sion
other" as well as "directly vested with Superintendent of Schools, school
jurisdiction'' are two different things teachers, election inspector, a munici
which should be conferred by law. pal councilor, a judge of first instance,
Note a barrio captain, and a barangay chair
man.
113
Persons Protected Persuasion
A phrase used to describe the fact in The petition shall be filed in seven (7)
cases of intestacies, those entitled, but legible copies, with the original copy
in unequal degrees of relationship to intended for the court being indicated
the intestate, take "by stocks," i.e., as such by the petitioner, and shall (a)
the children of a deceased heir take state the full names of the parties to
the share he would have had. It is the case, without impleading the
contras ted with per capita. lower courts or judges thereof either
as petitioners or respondents; (b)
An expression used in connection indicate the specific material dates
with the descent or distribution of a showing that it was filed on time; (c)
de cedent's estates, where, the parent set forth concisely a statement of the
being dead, his children stand in his matters involved, the issues raised, the
place and take equally his share. specification of errors of fact or law, or
both, allegedly committed by the
Regional Trial Court, and the reasons
or arguments relied upon for the
114
allowance of the appeal; (d) be fuels, diesel oils, fuel oils, waxes and
accompanied by clearly legible petrolatums, asphalts, bitumens, coke
duplicate originals or true copies of and refinery sludges, or such refinery
the judgments or final orders of both petroleum fractions which have not
lower courts, certified correct by the undergone any process or treatment
clerk of court of the Regional Trial as to produce separate chemically-
Court, the requisite number of plain defined compounds in a pure or
copies thereof and of the pleadings commercially pure state and to which
and other material portions of the various substances may have been
record as would support the added to render them suitable for
allegations of the petition. (RULE 42 in particular uses: Provided, That the
the Petition for Review From the resultant product contains not less
Regional Trial Courts to the Court of than fifty percent (50%) by weight of
Appeals) such petroleum products. (Republic
Act No. 8180 "Downstream Oil
Petitions for Reciew in Certiorari Industry Deregulation Act of 1996.")
115
without a religious ceremony, neither title as against right to possession, is
can validly marry anyone else. sought. The phrase is most commonly
Perverse used in admiralty law.
116
Pews in English Churches are often hereafter determine. It shall be placed
enclosed and can be entered only outside the facility preferably beside
through a door. the spot where the facilitys name is
In England: It is regarded as a right in written. If, for any reason, the
real property, although the owner accreditation of the institution is
could not maintain trespass. revoked or suspended, the
Corporation reserves the right to place
In the United States: It is little more another sign indicating the same.
than a license. (Section 72 of Republic Act 7875 as
Amended by Republic Act 9241)
Pharmaceutical Products
Philippine Amusement and Gaming
Adulterated/Deteriorated Corporation (PAGCOR)
Pharmaceutical Products refer to
pharmaceutical products, unfit for Philippine Amusement and Gaming
human consumption, following the Corporations (PAGCORs) sole and
standards of quality or purity of exclusive authority to restrict and
which are, as those stated in the control the operation of gambling
United States Pharmacopeia/National casinos in the country cannot be said
Formulary and Philippine to be absolute, but must be exercised
Pharmacopeia in its latest edition or with due regard to the terms of its
any standard reference for drugs and agreement with the license. Philippine
medicines which are given official Amusement and Gaming Corporation
recognition as well as those provided vs. Thunderbird Pilipinas Hotels and
for in R.A. No. 3720, otherwise known Resorts, Inc., 720 SCRA 178.
as the Food, Drug and Cosmetic
Act, as amended, and R.A. No. 9711, A license from Philippine Amusement
known as the Food and Drug and Gaming Corporation (PAGCOR)
Administration Act of 2009. to operate a casino is not absolute and
(Republic Act No. 10918) unconditional as to constitute a right
in esse which the license may enforce
through a writ of injunction as a
matter of law, or treat as a property or
a property right; The license takes his
Philhealth Accreditation license subject to such conditions as
the grantor sees fit to impose,
All accredited health care institutions including its revocation at pleasure.
shall likewise put up conspicuous Id.
signs indicating that they are
PhilHealth accredited, of size and Philippine Cooperative Code of 2008
dimension as the Corporation may
117
Philippine Cooperative Code of 2008 management; (e) Allow the lower
is a declared policy of the State to income and less privileged groups to
foster the creation and growth of increase their ownership in the wealth
cooperatives as a practical vehicle for of the nation; and (f) Cooperate with
promoting self-reliance and the government, other cooperatives
harnessing people power towards the and people-oriented organizations to
attainment of economic development further the attainment of any of the
and social justice. A cooperative is an foregoing objectives.
autonomous and duly registered
association of persons, with a common
bond of interest, who have voluntarily Philippine Currency
joined together to achieve their social,
economic, and cultural needs and During Japanese occupation: The
aspirations by making equitable Japanese military notes in circulation
contributions to the capital required, in the Philippines, were legal tender
patronizing their products and therein. In this sense, said military
services and accepting a fair share of notes were, therefore, Philippine cur
the risks and benefits of the rency. (Pablo vs. Facundo, 44 O.G.
undertaking in accordance with 4414)
universally accepted cooperative
principles. Philippine Economic Zone Authority
PEZA
The primary objective of every
cooperative is to help improve the attached to the Department of Trade
quality of life of its members. Towards and Industry - is the Philippine
this end, the cooperative shall aim to: government agency tasked to promote
(a) Provide goods and services to its investments, extend assistance,
members to enable them to attain register, grant incentives to and
increased income, savings, facilitate the business operations of
investments, productivity, and investors in export-oriented
purchasing power, and promote manufacturing and service facilities
among themselves equitable inside selected areas throughout the
distribution of net surplus through country proclaimed by the President
maximum utilization of economies of of the Philippines as PEZA Special
scale, cost-sharing and risk-sharing; Economic Zones.
(b) Provide optimum social and (http://www.peza.gov.ph/)
economic benefits to its members; (c)
Teach them efficient ways of doing
things in a cooperative manner; (d) Philippine Fisheries Development
Propagate cooperative practices and Authority
new ideas in business and
118
The Philippine Fisheries Development tives of the people are performed. It is
Authority (PFDA) is the government the agency through which the will of
agency mandated to strengthen the the people is given expression and
government's developmental thrusts there after enforced.
in fisheries through a program that
would balance production ventures In Administrative law: The corporate
with adequate post-harvest support government entity through which the
facilities. functions of government are exercised
throughout the Philippines, including,
Created on August 11, 1976. PFDA is save as the contrary appears from the
vested with powers and context, the various arms through
responsibilities of promoting growth which political authority is made
of fishing industry and improving effec tive in the Philippines whether
efficiency in the handling, preserving, pertain ing to the Central Government
marketing and distribution of fish and or to the provincial or municipal
fisheries products through the branches, or other forms of local
establishment and administration of government.
fish ports, fish markets and other
infrastructure necessary for the In jurisprudence: An institution or
progressive advancement of the aggregate of the institutions by which
fishing industry. Its establishment an independent society makes and
signaled the thrust of the government carries out those rules of action which
at providing modern orgranizational are necessary to enable men to live in
and marketing framework to a social state or which are imposed
supplement current and future upon the people forming that society,
infrastructure development programs by those who possess the power and
in the fishing industry. au thority of prescribing them.
(http://www.pfda.da.gov.ph/index.ph
p/aboutus) Philippine Maritime Law
119
the Public Service Act industrial infrastructure projects.
(Commonwealth Act No. 146, as Notable architectural structures and
amended) and other rel ated laws. thoroughfares scattered all over the
land are evidences of the public's
Philippine Mining Act of 1995 (R.A. confidence bestowed on PNCC's
7942) competence and distinction in a wide
range of construction and engineering
Philippine Mining Act of 1995 is an act activities.
instituting a new system of mineral
resources exploration, development, The advancement brought about by
utilization, and conservation. the construction of the historical San
Juanico Bridge and the first Light Rail
All mineral resources in public and Transit System is an affirmation of the
private lands within the territory and construction company's capability to
exclusive economic zone of the introduce new construction
Republic of the Philippines are owned technology in the country.
by the State. It shall be the
responsibility of the State to promote PNCC was responsible for the
their rational exploration, construction of an efficient tollway
development, utilization and network in Luzon which has brought
conservation through the combined about the benefits of urbanization to
efforts of government and the private nearby towns and provinces and has
sector in order to enhance national provided safe, fast and convenient
growth in a way that effectively tollway travel.
safeguards the environment and
protect the rights of affected The North and Souh Luzon Tollways,
communities. the government's first visionary
undertaking and inceptive of the
Philippine National Construction Build-Operate-Transfer scheme,
Corporation (PNCC) inspired the beginning of PNCC's rise
and distinction of building and
A distinguished partner in Philippine managing the two most important
progress and economic development, arteries of Manila and its vital links to
the Philippine National Construction neighboring provinces.
Corporation is proudly known for its
landmark projects, its expertise, and Lately, the introduction of the first
its vision. ever elevated highway in the country,
the Metro Manila Skyway, is again
Established in 1966, PNCC has been a another illustration of the company's
reliable and international associate in inventiveness in the name of
the construction of roadway and transportation and public service.
120
retirement or separation benefits,
PNCC is also known for the where the trustee is a Philippine
extraordinary task it had undertaken nation al and at least sixty percent
in the land reclamation and soil (60% ) of the fund will accrue to the
stabilization of the 3,000 hectare benefit of the Philippine nationals.
foreshore area along the Manila Bay
known as the Manila-Cavite Road and Where a corporation and its non-Fili
Reclamation Project (MCCRRP). pino stockholders own stock in a
PNCC's ingenuity and engineering regis tered enterprise, at least sixty
capability have spread far and wide percent (60%) of the capital stock
not only within the local confines but outstanding and entitled to vote of
also in the international both corporations must be owned and
arena. PNCC's reputation in held by citizens of the Philippines and
excellence expanded to other at least sixty per cent (60%) of the
countries such as Saudi Arabia, Iraq, members of both cor porations must
Hongkong, Malaysia and Indonesia, be citizens of the Philip pines in order
thus, earning the reputation of being that the corporation may be
the biggest construction firm in considered a Philippine national.
Southeast Asia.
Philippine Overseas Employment
Today, PNCC still continues to render Administration
its commitment to excellence and
dedication to public service as a joint -is a government agency mandated to
venture partner in the development of promote and develop the overseas
tollway extensions to link the South employment program and protect the
Luzon and North Luzon. rights of migrant workers.
(http://www.pncc.ph/)
Philippine Tourism Authority
Philippine Nationals
The Philippine Tourism Authority is a
In investment law: (1) Citizens of the government owned and controlled
Philippines; (2) Partnerships or asso corporation which was mandated to
ciations wholly owned by citizens of administer tourism zones. Laborte vs.
tlie Philippines; (3) Corporations Pagsanjan Tourism Consumers
organized under the laws of the Cooperatives, 713 SCRA 536
Philippines of which at least sixty per
cent (60%) of the capital stock Philippine Truth Commission
outstanding and entitled to vote is
owned and held by citizens of the The Philippine Truth Commission was
Philippines; and (4) Trustee of funds created to find out the truth about
for pension or other employee reports of large scale graft and
121
corruption in the previous do business with the firm picketed,
government; to put a closure to them and, in a public matter, that efforts
by the filing of the appropriate cases should be made to redress the
against those who were involved. grievance. Peace ful picketing in
Furthermore, to deter others from general lawful, al though it has been
committing such crimes and to restore at various times held by statute and
the peoples faith and confidence in decisions that mass picketing is
the Government and in their public unlawful, because by its nature,
servants. On July 30, 2010, intimidation.
President Benigno Aquino, III set up Secondary picketing exists when the
the Philippine Truth Commission to employees engaged in the primary
find out the truth about reports of dis pute extend their activity so as to
large scale graft and corruption in the exert pressure upon their employer's
previous government and to put a vendee.
closure to them by the filing of the
appropriate cases against those who The term "picketing" has refuse to its
were involved. Furthermore, to use in promoting a strike, boycott, or
prevent others from committing such some other form of industrial dispute.
crimes and to restore the peoples The word is borrowed from the
faith and confidence in the nomenclature of warfare. As used in
Government and in their public connection with labor disputes, the
servants. term has been said to mean the
(https://en.wikipedia.org/wiki/Philippi establishment and maintenance of an
nes_Truth_Commission) organized espionage upon the works
of an employer and upon persons
Picketing going to and from them. It may mean
simply the stationing of men for
The marching to and from before the observation, or for the purpose of
premises of an establishment involved attempting to induce workers to quit
in a labor dispute, generally accom their employment or intending
panied by the carrying and display of workers not to seek employment, or
signs, placards, or banners bearirtg for the purpose of apprising the public
statements in connection with the of the dispute with the employer and
dispute. influencing them to withhold their
patronage. The term "picketing" may
Standing or marching before a place of be used in the sense of stationing
business or a public office for the persons for the purpose of
purpose of making public a labor accomplish ing such things by
grievance or a protest of any kind. It coercion or intimidation. And it may
suggests to sympathizers in the case of be broad enough, it has been held, to
a labor dispute that they should not include acts remote from the place of
122
business, such as interviewing columns, lintels, trusses, and similar
employees on the street or at home. structural parts.
In Fire law: Rooms where baled, bun Piercing the veil of corporate fiction is
dled or piled materials are segregated an equitable doctrine developed to
into desired sizes or groups. address situations where the separate
corporate personality of a corporation
Piece Of Work is abused or used for wrongful
purposes. Livesey vs. Binswanger
A contract where a contractor binds Philippines, Inc., 719 SCRA 433.
himself to execute a piece of work for
the employer, in consideration of a In jurisprudence: A rich store of ju
cer tain price or compensation. The risprudence has established the rule
con tractor may either employ only his known as the doctrine of disregarding
labor or skill, or also furnish the or piercing the veil of corporate
material (Ar ticle 1713, Civil Code). fiction. Generally, a corporation is
As distinguished from the contract of invested by law with a personality
labor: In the case of a contract for a separate and distinct from that of the
piece of work, thE> contractors under persons composing it as well as from
take to perform a complete work. He that of any other legal entity to which
is an independent contractor whose it may be related. By virtue of this
con tract is for a certain price payable attribute, a corporation may not,
upon the delivery of the work (Article generally, be made to answer for acts
1720, Civil Code). In contrast for labor, or liabilities of its stockholders or
the laborers agree to perform work or those of the legal entities to which it
serv ices for the employer. Hence, in a may be connected, and vice versa.
con tract for a piece of work, the object This separate and distinct
is the result of the work, and the risk personality is, however, merely a
is borne by the contractor before fiction created by law for
delivery (Article 1772). In contract for convenience and to promote the ends
labor, the object is the daily services of of justice. (Laguna Transportation
laborers, and they do not incur any Company vs. Social Security
risk for any loss, unless such loss be System, L-14606, April 28, 1960; La
due to their own fault or negligence. Campana Coffee Factory, Inc. vs.
Kaisahan ng mga Manggagawa sa
Pier La Campana, L-5677, May 25, 1953)
For this reason, it may not be used or
In Building law: An isolated mass of invoked for ends subversive of the
masonry forming support for arches, policy and purpose behind its
123
creation (Emiliano Cano En terprises, frauds, defend crimes or as a mere
In. vs. CIR, L-20502, Feb. 26, 1965) or dummy, the law will regard the
which could not have been in tended corporation as having no personality
by law to which it owes its being distinct and separate from its
(McConnel vs. Court of stockholders.
Appeals, 1 SCRA 722.) This is
particularly true where the fiction is Being a mere creation of law, a cor
used to defeat pub lic convenience, poration may be allowed to exist only
justify wrong, protect fraud, defend for lawful purposes but where the cor
crime (Yutivo Sons Hard ware porate fiction is used as a cloak or
Company vs. Court of Tax Ap cover for illegality or fraud, or to
peals, 1 SCRA 160), confuse legitimate defeat pub lic convenience, justify
legal or judicial issues (R.F. Sugay & wrong, protect fraud, or defend crime,
Co. vs. Reyes, L-20451, Dec. 28, 1964), or for ends des structive of the policy
perpetrate deception or otherwise and purpose behind its creation,
circumvent the law (Gregorio particularly where the corporation is a
Araneta, Inc. vs. Tuason de Paterno, close family corpo ration, the
49 O.G. 721). This is likewise true corporate fiction will be dis regarded
where the corporate entity is being and the corporation and the
used as an alter ego, adjunct, or individuals composing it will be
business conduit for the sole benefit of considered identical. In the
the stockholders or of another aforementioned cases, the corporate
corporate entity (Mc Connel vs. Court entity will be considered only as an
of Appeals, Supra; Commissioner of association of individuals or, where
Internal Revenue vs. Norton Harrison there are two entities, they will be
Co., L-7618, Aug. 31, 1964). (Cease vs. joined as one, the one being
Court of Appeals, 93 SCRA 493) considered only as part or parcel of
the other.
Doctrine of: The corporation is a dis
tinct legal entity to be considered as This doctrine is the exception to the
separate and apart from the rule of non-assessability. Consequent
individual stockholders who compose ly, stockholders may be held liable for
it, and is not affected by the personal corporate debts even beyond their
rights, obligations and transactions of fully paid share.
its stock holders.
Cases where courts have ''pierced the
In the interest of justice, courts are veil of corporate entity:" (1) A cor
justified in piercing the veil of poration is organized by an insolvent
corporate entity. When the notion of debtor to defraud his creditors and he
legal entity is used to defeat public transfers his properties to it in
convenience, justify a wrong, protect further- ance of such fraudulent
124
purposes. (Pa lacio vs, Fely disregarded. (Villa-Rey Transit, Inc.
Transportation Company, 5 SCRA vs. Ferrer, 25 SCRA 845)
1011) (5)When sales of cars are made Cor
(2)When a corporation is only a poration A to Corporation B which are
conduit of its President who later sold to the public at a higher
contracted for the administration and price and it appears that both
supervision for the painting of a corporations are owned and
factory of another corporation, and to controlled by the same taxpayer and
evade liability the first corporation Corporation B was the medium
alleged that the Pre sident is only the created by Corporation A to reduce its
agent of the second corporation, the sales tax liability under the National
veil of corporate entity should be Internal Revenue Code, there is
pierced when the corporation is used sufficient justification to disregard the
as a shield to perpetrate fraud. separate corporate identity of one
(R.F. Sugay, Inc. vs. Reyes, 12 SCRA from the other. (Liddel and Co., Inc.
700) vs. CIR, 25 SCRA 632)
(3)When a corporation functions for
the benefit of a single individual who (5)The corporate veil shall be pierced
completely controls the funds and the when a corporation is dissolved and
said person is the sole owner, the cor its assets are transferred to another
poration is only an alter ego or corpo ration to avoid financial liability
conduit of the owner and the of the first corporation to its
corporate property may be considered employees, the same individual
the property of the owner and may be controlling and owning both
seized in an action against him. companies, with the result that the
(Collector vs. Norton & Harrison, 11 second corporation is merely a
SCRA 714; Collector vs. conduit of the first. (Claparols vs. CIR,
University of Visayas, 12 SCRA 65 SCRA 613)
193; (6)Where a party owns 86% of a cor
National Marketing poration's stock, said party may ask
Association vs. for execution pending appeal if it is
Associated Finance Company, Inc., 19 the cor poration that needs to possess
SCRA 962) the pro perty in litis immediately. (Lu
(4) When a seller of a Certificate of vs. Vale riano, 111 SCRA 87)
Public Convenience forms a
corporation to evade his individual Pigeonhole
contract that he ' 'shall not for a period
of ten ( 10) years from the date of this To lay aside or shelve proposed legis
sale, apply for any TPU service lation while in committee; to fail to
identical or competing with the buyer, take action.
'' the corporate entity shall be
125
Pignus ship, even if his services have been
Lat. Property pledged as security for a refused, provided the ship is not
debt or obligation. already provid ed with a pilot.
Pilapiles Pintakasi
126
vessel by any person not member of neutral to crimes. (People vs. Lol-lo, 43
the vessel's complement or Phil. 19)
passengers with the whole or part of
the vessel's cargo or equipment or Illustration: In Lol-lo case (43 Phil.
passenger's personal belongings being 19), two boats left matuta, a Dutch
seized. (Art. 122, Revised Penal Code) pos session, for Peta, another Dutch
Statutory piracy is piracy as defined in pos session. In one boat was a
the municipal law of a State. Piracy Dutch.sub ject, and in the other were
jure gentium is piracy under Interna eleven men, women and children,
tional law. also Dutch sub jects. The boats
arrived between the Islands of
All States are authorized under Inter Buang and Bukid in the Dutch
national Law to seize, by means of Indies. There it was surrounded by
their public or other authorized six vintas manned by 24 armed
vessels, pirates on the open sea or any Moros. The Moros attacked the men in
other place outside the jurisdiction of the boats and brutally violated two of
any State, and punish them regardless the women by methods too horrible to
of their nationality in accordance with describe. All of the persons in the
their laws. Pirates are deemed hostes Dutch boat, except the two women,
humani generis. were again placed on it and holes
were made in it, with the idea that it
Robbery or forcible depredation on would be submerged. The two women
the high seas, without lawful were taken to Maruro, a Dutch
authority and done animo furandi, possession, where they were able to
and in the spirit and intention of escape. Two of the Moro marauders
universal hostil ity. Pirates are in law were Saraw and Lol-lo. The latter had
hostes humani generis. (People vs. raped one of the women. Lol-lo and
Lol-lo, 43 Phil. 19) Saraw returned to their home in Sulu,
Piracy is a crime not against any part where they were arrested and charged
icular State but against all mankind. It with piracy. Held: The crime was
may be punished in the competent qualified piracy, as it was
trib unal of any country where the accompanied with rape and
offender may be found or into which abandonment of persons without
he may be carried. The jurisdiction of apparent means of saving themselves.
piracy un like other crimes has no Nocturnity, cruelty, ignominy and
territorial lim its. As it is against all, so abuse of superiority were aggravating.
it may be pun ished by all. Nor does it Lack of instruction was mitigating.
matter that the crime was committed Lol-lo was sentenced to death and
within the juris dictional three-mile Saraw to life imprisonment.
limit of a foreign State, for those
limits, though neutral to war, are not Pirate
127
A person guilty of an act of piracy. Plagiarism
Pirates have no national character and
are punishable in any country where Palming off another's idea or writ ings
they are apprehended, no matter as one's own.
where their acts of piracy were
committed. Plagium
128
under code procedure. The term is harrow-ing does not constitute part of
also applied to petitioners in equity, the work. (Alvaran vs. Pingol, L-9201,
espe cially when law and equity are May 31, 1957)
merged under code provisions or
rules of prac tice. Plaster, Portland Cement
The setting of the palay seedlings in The answer of "guilty" or "not guilty' '
the ground for growth and even in an arraignment for a criminal
under the new tenancy law (Republic charge.
Act. No. 1199) uprooting the seedlings
prepar atory to transplanting and final
129
Any pleading in an ecclesiastical forth the facts which consti tuted his
count, whether the first one or subse cause of action. (b) Which either
quent one. denied the plaintiff's statements, and
presented an issue to be tried, or else,
Any action at law. by confession and avoidance,
admitted the allegations or destroyed
Plead the legal effect of those allegations. (c)
Replication (or reply): The answer of
To file an answer to a declaration in a the plaintiff to the plea, if it set up new
jurisdiction in which common law matter. This once more might raise an
pleading is maintained. issue by denial of the allegations or set
up a new matter to avoid the plea. A
To answer a criminal information af similar course could be followed by all
ter arra:tgnment. the subsequent pleadings. (d) Rejoin
der: By the defendant. (e)
To make an argument in a court of Surrejoinder: By the plaintiff. (f)
law. Rebutter: By the defendant. (g)
Surrebutter: By the plaintiff.
130
in the answer, or present other
allegations to avoid its effect, and this The confession of guilt, although
new matter will be pre sumed to be subsequent to the consummation of
denied by the defendant. the crime and entirely alien to its
develop ment, constitutes a cause for
In both the common law and the code the miti-gation of the penalty, not
system, all pleadings after the first one because it is a circumstance modifying
(declaration or complaint) may, criminal res ponsibility already
instead of being peremptory-which incurred and in the evolution of which
would raise an issue on the merits- be it has not intervened absolutely, but
dilatory, i.e., they may be demurrers, because, an act of repentance and
or pleas to the jurisdiction or in abate request for the law, it indicates a
ment. If a dilatory plea is successful, moral disposition in the accused
and there is no amendment allowed or favorable to his reform. It is clear that
possible, the judgment will not be these benefits are not deserved by the
final and the action may be accused who submits to the law only
commenced over again. after the presentation of some
evidence for the prosecution,
believing that in the end trial will
Plea In Bar result in his conviction by virtue
thereof. (People vs. De la Cruz, 63
A plea in confession and avoidance Phil. 874)
which sets up a new matter to defeat
the plaintiff's claim. Undoubtedly, the legislator's pur pose
in establishing such a mitigating
Plea Of Guilty circumstance was to encourage
repent ance, which not only enables
A judicial confession of guilt-an the soul and tends to avoid recidivism
admission of all the material facts al but also saves the Government the
leged in the information, including the expenses of a trial and the judicial and
aggravating circumstances alleged. To executive of ficials much trouble. He
be considered, it must be made who repents for his crime is almost
sponta neously in open court prior to innocent, as candor is a compound of
the pre sentation of evidence. It must justice and the love of truth.
also be made unconditionally. (People
vs. Co mendador, 100 SCRA 155) Plebiscite
The offender had voluntarily confes
sed his guilt before the court prior to A direct vote of the people of a region
the presentation of the evidence for to determine their desideratum on a
the prosecution. (Article 13[7], question of great importance such as
Revised Penal Code)
131
the adoption of a constitution or ces
sation of territory. An accessory, real and unilateral con
tract by virtue of which the debtor de
A term used chiefly on the Continent livers to the creditor or a third person
or in international law, to denote a personal property to guarantee with
vote taken on some question the same the fulfillment of a certain
submitted to the people of a country. obligation, upon which fulfillment of
Plebiscites are generally on important the thing pledged should be returned
questions of governmental to the debtor with the fruits and
organization, and are often employed accessories. Pledge is a real contract
when a totally new Constitution is because for its perfection, the thing
proposed. pledged must be placed in the
possession of the creditor or a third
Pledge person by common agreement and a
promise to constitute a pledge gives
A form of security for a debt or obli rise only to a personal action be tween
gation in which possession of personal the contracting parties. Third persons,
property is physically delivered to the however, are not affected un less in
creditor, to be held in order to insure addition to a description of the thing
payment or performance. Title to pledged and the date of the pledge
the security does not pass to the appear in a public instrument. Only
creditor upon breach of the obligation. movables which are susceptible of
possession and within the commerce
The creditor can enforce the pledge by of man, including incorporeal rights,
selling it in a manner usually pre may be pledged, but in the latter case,
scribed by statute, and must account the negotiable instrument, bill of
for the proceeds. The pledge depends lading, share of stock, bond,
on possession, and the security is lost warehouse receipt and similar
if possession is surrendered. If the documents evidencing the rights must
obli gation is performed, or if be delivered to the creditor and if
performance is tendered, the pledged negotiable, must be indorsed. The
property must be restored to the indorsement and delivery, how ever,
debtor and its reten tion is a does not transfer ownership to the
conversion. pledgee and hence will bear risk of
loss of goods represented by the docu
The property transferred as security is ments.
itself frequently called the pledge.
To transfer possession of personal Plegius
property as security for the perform
ance of an obligation or payment of a
debt.
132
Plegii: The medieval Latin term equi
valent to surety, especially in proced Plenum Dominium
ural matters.
At the Roman law: The term for "full"
Plenary or "absolute" ownership, in which
title and right of possession were
Full or complete; composed of all united.
members of a body, like a court or
council; applied particularly to the Plight
sessions of such a body.
To pledge, as in the expression ' 'to
Plenary Suit plight one's troth or faith. ''
An action in which all the forms of the The condition which a thing or person
necessary litigation are carried out in maybe in.
accordance with the existing rules of
procedure; as contrasted with Plumbing
summary procedure, which is usually
incidental to some other litigation and The system of piping, fixtures and
procedure, and in which many of the equipment installed in a building for
formal elements of a suit are omitted. the purpose of: (1) supplying water in
desired quantities to the point of
Plene Administravit usage, and (2) removing water and
waterborne from fixtures, equipment,
Lat. He has fully administered. wares and appliances. It is thus clear
The technical defense of an adminis that water closets are classified more
trator or executor when he is sued for appropriate ly as ''plumbing
a debt of the decedent which he installations'' or fix tures. (Norton &
cannot satisfy out of the assets of the Harrison Co. vs. Lac son. CA-G.R. No.
estate. 23560-R, November 26, 1963)
133
When the President fails to take posi
There is plurality of crimes or "con tive action on a bill, and retains it for a
curso de delitos'' when the actor period of ten days at the end of which
commits various delictual acts of the the Congress has adjourned, the bill is
same or different kind. (Gamboa vs. automatically vetoed.
Court of Appeals, 68 SCRA 308)
POEA Standard Employment
Pluries Contracts (POEA-SEC)
Poblacion Pole
134
An upright standard to the top of occupation of the thing; (2) by the
which something is affixed or by exercise of a right; (3) by the fact that
which something is supported; as a the property is subject to the action of
dovecote set on a pole; telegraph our will; and (4) by the proper acts
poles; a tent pole; sometimes, and legal formalities established for
specifically, a vessel's mast. (Ibid.) acquiring the right. Republic vs. Ng,
692 SCRA 589 [2013]
Police
In Constitutional law: Although there
The department of government is no express provision for police
charged with the prevention of crime power in the 1935 and 1973
and the detection, arrest and punish Constitutions, it is inherent in the very
ment of offenders. concept of the state and is a
manifestation of the exercise of
The term "police" of the state, is a sovereignty. Police power, along with
comprehensive sense, embraces its taxation and eminent domain, is a pre
whole system of internal regulation rogative enjoyed by the state. It
for the preservation of public order enables the government to perform
and the prevention of offenses some of its most vital functions.
against the state. (City Mayor vs. Police power, thus, is a limitation on
Chief of Philip pine Constabulary, 21 liberty and pro perty by the bill of
SCRA 665) rights.
An organized civil force for maintain Police power has been identified with
ing order, preventing and detecting state authority to enact legislation that
crime and enforcing law. (Ibid.) may interfere with personal liberty or
property in order to promote the gen
Police Power eral welfare.' Persons and property
could thus be subjected to all kinds of
It is the plenary power vested in restraints and burden in order to
the legislature to make statutes and secure the general comfort, health and
ordinances to promote the health, pros perity of the nation. It is the
morals, peace, education, good order or power to prescribe regulations to
safety and general welfare of the people. promote the health, morals, peace,
Fernando vs St. Scholatica College, 693 education, good order or safety, and
SCRA 141 [2013] general welfare of the people. It may
include the authority to legislate so as
Possession to increase the industries of the state,
develop its resources, and add to its
Possession is acquired in any of wealth and prosperity.
the following ways: (1) by the material
135
Police power usually takes the form of Policy Of Insurance
regulatory measures restraining
either the rights to property or liberty. The written instrument in which a
They are necessary to avoid friction contract of insurance is set forth. (Sec.
and maintain harmony. They may be 49, Insurance Code)
ques tioned as violative of the
Constitution, if they do not satisfy the As a distinct and independent con
standards of the due process and tract: It is well-settled that a policy of
equal protection. Where deprivation insurance is a distinct and
or curtailment of li berty is involved, independent contract between the
particularly where it concerns insured and in surer, and third
freedom of the mind, more care persons have no right either in a court
should be exercised than in re- of equity, or in a court of law, to the
straints on property. proceeds of it, unless there become
contract or trust, expres sed or
The power to regulate the exercise of implied, by the insured and the third
constitutional rights is termed the sov persons (Lampano vs. Jose, 30 Phil.
ereign "police" which is the power to 537). Bailee is liable for the pro perty
prescribe regulations, to promote the held by him in trust for others. (Lopez
health, morals, peace, education, good vs. Del Rosario, 44 Phil. 98)
order or safety, and general welfare of
the people. (Premicias vs. Fugoso, 80 Insurance, therefore, shall be applied
Phil. 71) exclusively to the proper interest of
the person in whose name or for
Policy whose benefit it is made unless
otherwise spe cified in the policy.
The contract of insurance made by an
insurer, usually a corporation licensed
for that purpose, with a person called Political Ad Ban
the insured.
Section 9(a) of the
In statutory construction: The gen eral Commission on Elections (COMELEC)
purpose of a statute or of a whole Resolution No. 9615, with its adoption
body of legislation, or the general pur of the aggregate-based airtime
pose followed by the executive branch limits unreasonable
of the government or by some
adminis trative board. The
ascertainment of this policy will be of Political Appointee
great assistance in in terpreting or
construing the statute. In diplomatic parlance: A non-career
person appointed envoy as distin
136
guished from a professional diplomat. The term ''political offense'' includes
In England, France, Germany and the treason; sedition and espionage,
Soviet Union the general practice is to whether committed by one or more
appoint only career men as Ambassa per sons; it includes any offense
dors and Ministers. In exceptional connected with the activities of an
cases, however, non-professionals organized group directed against the
who are otherwise qualified are given security or governmental system of
the assignments. There have been the requesting State (i.e., the State
some very successful non-career asking for the ex tradition of the
ambas sadors, a prominent example Offender); and it does not exclude
being Lord Bryce. other offenses having a political
objective.
Political Committee
Political Party
Any committee, association or organ
ization which accepts contribution or An association of voters with certain
makes expenditures for the purpose of principles of government, formed to
influencing or attempting to influence urge the adoption and execution of
the election of candidate, whether it be such principles in governmental
a national or local committee of a affairs through officers of like belief.
politi cal party or a branch thereof. (Peralta vs. Commission on Elections,
(Section 39, Revised Election Code) 82 SCRA 30)
137
laws, niles, or some kind of charter is departments of government or has
needed so to give existence to the reserved to be settled by its own extra-
organization. Some kind of govern mental action. (Sanidad vs.
agreement, written or un written, Commis sion on Elections, 73 SCRA
must exist on how the group is to 333)
function, to be presided over and how
it is to express its collective will. A matter which is to be exercised by
(Lagasca vs. De Vera, 79 Phil. 376) the people in their primary political
capacity or that has been specifically
An organized group of persons pur delegated to some other department
suing the same ideology, political or particular officer of the
ideals or platform of government and government, with discretionary power
includes its branches and divisions. to act. In other" words, it refers to
(Section 7, Article IV, Batas Pambansa those questions which, under the
Big. 697.) Constitution, are to be decided by the
people in their sovereign capacity, or
Acquiring judicial personality. - To in regard to which full dis cretionary
acquire judicial personality and to en authority has been delegated to the
title it to the rights and privileges legislative or executive branch of
here in provided for political parties, a government. (Ibid.)
politi cal party shall first be duly
registered with the Commission. Any In determining whether an issue falls
registered political party that singly or within the political question category,
in coalition with others fails to obtain the absence of a satisfactory criterion
at least three percent of the votes cast for a judicial determination or the ap
to the consti tuency in which it propriateness of attributing finality to
nominated and sup ported a the action of the political departments
candidate or candidates in the election of government is a dominant
next following its registration shall, consider ation. (Ibid.)
after notice and hearing, be deemed to
have forfeited such status as a The term in both legal and ordinary
registered political party, in such con parlance means a question of policy or
stituency. (Ibid. ) one to be decided by the people in
their sovereign capacity or with
respect to which full discretionary
authority has been delegated to the
legislature or to the executive branch
Political Questions of the govern ment. (Taiiada vs.
Cuenco, L-10520, February 28, 1957)
Those which the sovereign has en In ordinary parlance: A question of
trusted to the so-called political policy. It refers to those questions
138
which under the Constitution are to be may be engaged. (Villanueva vs. City
decided by the people in their of Iloilo, 26 SCRA 578)
sovereign capacity; or regard to which
full discre tionary authority has been Polyandry
delegated to the legislative or
executive branch of the Government. Marriage of a woman to several hus
(Casibang vs. Aquino, 92 SCRA 642) bands at the same time, with all of
whom she cohabits. The custom is
Polling Place found in some tribes of Southwestern
Asia.
The place where votes are cast at
public election.
139
Pontage In Corporation law: Shareholders
agree to vote their shares as a unit for
A duty or tax paid in lieu of rendering the election of directors, in order to
personal service in making or control the management.
repairing a bridge. Such services were
imposed by customs on the residents Poor
of certain communities and could be
compounded for in money. Needy; in want; destitute. Frequently
used to indicate the need for public
A toll for the use of a bridge or road, assistance.
which was devoted to its
maintenance. Poor Laws
Lat. A writ requiring owners of land At the common law: A suit which any
to repair bridges. member of the public may bring to re
cover a penalty for some act forbidden
Pool by statute.
Any fund created by combining the At the older Roman law: The equiv
money or property or the interests of a alent of a modern criminal action. In
number of people in order to carry on the absence of a public prosecutor,
a common commercial adventure. any citizen might bring an action in
the name of the people to secure the
Any combination between competing punishment of a person accused of a
and independent interests in order crime. A failure to convict, if the
either to limit competition, or reduce prosecution was not in good faith,
expenses and allocate the profits. subjected the prosecutor to the
penalty he demanded against the
The persons who enter into a pooling accused.
arrangements as above.
Porrect
Pooling Agreement
140
In ecclesiastical law: To tender, es Law which, at a given time, has been
pecially when a proctor presents a bill deliberately set by members of a so
for cost. ciety to govern their actions. This may
Port be done by specific enactment or by
ac cepted custom. The term is usually
A place to which vessels may resort to contrasted with natural law, and is at
load or unload cargoes, or passen times referred to as ''revealed'' law.
gers. It is used in a variety of senses,
and may designate any landing place, Posse
or it may cover all the geographical
approaches to a harbor. In this latter As used in the phrase ''in posse,'' it is
sense, a port is an important maritime Late Latin for "in possibility," to de
district subject to legal regulations, scribe things which might come into
and often under a Port Authority. existence as distinguished from what
is already' 'in esse," i.e., in existence.
Portion
For use of the term as calling upon the
The part of an estate given to a child aid of all citizens to enforce the pub lic
or other heir by descent, and some peace.
times assigned to him before the death
of the testator.
A port where there is a customhouse. Lat. The force of the country; the force
that a sheriff may call to assist him in
Positive making an arrest.
141
As a complex of property rights, lim- - occupant. The occupancy can be held
ited in time and scope, and chiefly in by another in his name. But it is
cluding rights of user and necessary that there should be such
exclusion. Normally, powers of occupancy or there is no possession.
disposal or rights of misuser would
not be included, and it is generally Republic Act No. 4, amending Sec tion
implied that there are, or may be, 2692 of the Revised Administrative
superior rights, called owner ship or Code, in its pertinent provision is dir
title, in some one else. ected against any person who
As a term to denote the mere fact of possesses any firearm, ammunition
physical control over tangible objects. therefor, etc. A point to consider in
Often loosely used as the equivalent of this connection is the meaning of the
ownership or title, especially in regard word ''possesses.'' This word was
to intangible. employed in its broad sense so as to
include ' 'carries' ' and "holds." This
In Civil law: The holding of a thing or had to be so if the manifest intent of
the enjoyment of a right, either by the Act is to be effective. The same
mat erial occupation or by the fact of evils, the same perils to pub lic
sub jecting the thing or right to the security, which the Act penalizes exist
action of our will. whether the unlicensed holder of a
prohibited weapon be its owner or a
The holding of a thing or the enjoy borrower. To accomplish the object of
ment of a right. (Article 523, Civil this law the proprietary concept of the
Code) possession can have no bearing.
(People vs. Melgar, 100 Phil. 298)
Concept of: To possess, in the gram
matical sense, means to have, to Possession Money
actual ly and physically occupy a
thing, with or without right. In The fees retained by the sheriff's
general, it is the hold ing of a thing or deputy for holding property which
of a right, whether by material was levied upon.
occupation or by the fact that the
thing or the right is subjected to the Possession, Writ Of
action of our will.
Material occupation: Possession At common law: A writ by which, in
always includes the idea of the old action of ejectment, the
occupation, and except in the cases success ful plaintiff was put in
mentioned in Article 537, Civil Code, possession of the land.
possession cannot exist without it. It is
not neces sary that the person in Possessor In Bad Faith
possession should himself be the
142
In Civil law: One who possesses pro predecessor had a forged title, or
perty contrary to the requisites of pos where the nullity is apparent from the
sessor in good faith. (See Possessor in examination of the title thereof.
Good Faith) (Philippine Abaca A person who, having knowledge of
Develop ment Company vs. Labaya, an annotation in the Registry of
CA-G.R. No. 22729-R, January 12, Proper ty prohibiting the sale of an
1963) immovable, accepts the said
One in possession of property know immovable in payment of a mortgage
ing that his title thereto is defective, is credit contracted after the annotation,
a possessor in bad faith. cannot be considered as a possessor in
good faith. Neither can one who
Examples: Where the possessor of the purchases the property of a minor at a
land knows that she has no title private sale, be considered as in good
thereto, because she bought the house faith.
erected thereon from whom she knew
was merely a tenant on the land; Intransmissible: Only personal
where the possessor knew at the time knowledge of the flaw in one's title or
of occu pation that the land mode of acquisition can make him a
belonged to an- other; where parties possessor in bad faith, for bad faith is
enter upon proper ty to profit not transmissible from one person to
therefrom without the con sent of the another, not even to an heir as may be
owner; where persons take possession seen from Article 534 of the Civil
of property which had been Code.
temporarily abandoned by the
owners because of war; where a Possessor in Good Faith
purchaser at an execution sale refuses
to admit re demption and to accept In Civil law: One who is not aware
the price ten dered to that end, that there exists in his title or mode of
without justifiable cause, where acquisition any flaw which invalidates
possession was acquired after having it (Philippine Abaca Development
knowledge of certain facts that put in Com pany vs. Labaya, CA-G.R. No.
doubt the title of the assign ees; where 22729-R, January 12, 1963).
property was purchased while still in
litigation, or where the buyer knew One who is unaware that there exists a
that someone else was claiming flaw which invalidates his acquisition
ownership aside from the ven dor; of the thing. Good faith consists in the
where a tenant, after the termin ation possessor's belief that the person from
of the period of lease, continues to whom he received a thing was the ow
hold the property without right to do ner of the same and could convey his
so; and where a person purchases title. Since good faith is a state of the
property with know ledge that his mind, and is not a visible, tangible fact
143
that can be seen or touched, it can
only be determined by outward acts One who claims property by inherit
and proven conduct. It implies ance from his mother, and at her
freedom from knowledge and death goes into possession of the
circumstances which are to put a same, under an honest belief that he is
person on inquiry. A purchaser cannot the sole heir, is a possessor in good
close his eyes to facts which should faith. And even though a vendor may
put a reasonable man upon his guard have acquiredthe property in bad
and then claim that he acted in good faith, the vendee to whom he sells said
faith under the belief that there was no property may be in good faith. The
defect in the title of his vendor. Thus, vendee will not be held a possessor in
where a vendee is put in inquiry by bad faith merely because a careful
purchasing immovable pro perty examination of the registry records
under a deed of sale reciting ''with no might, or would have disclosed the
warranty whatsoever of title,'' and nullity of the vendor's title.
does not avail himself of the means at
hand to inform himself of the true Ignorance of the law: Under Article 3
facts, he can claim no better consider of the Civil Code, ignorance of the law
ation than he could if he knew the true does not excuse anyone from
facts. A deed of conveyance made sub compli ance therewith. Manresa is
ject to the condition that the land of the opinion that in excusable
would be finally adjudicated in favor ignorance of the law itself, cannot be
of the transferor is an the basis of good faith. Sanchez
acknowledgment by the latter that his Roman and Navar-_ ro Amandi
title is precarious; it is an invitation to sustain the theory that even ignorance
the transferee to invest igate his of the law can be the basis of good
transferor's title or take pos session of faith, because Article 526 of the same
the land at his peril. Whether the code, in its paragraph, makes no
transferee made such investigation or distinction. All seem to agree,
not, he is not a possessor in good faith. however, on the proposition that error
in the ap plication of the law, in the
The belief of the possessor that he is legal solu tions that arise from such
the legal owner of the thing must be application, in the appreciation of the
based upon some title or mode of legal conse quences of certain acts,
acqui sition, such as a sale, a donation, and in the in terpretation of doubtful
in heritance or other means of provisions or doctrines, may properly
transmit ting ownership; for without serve as a basis for good faith. This is
this, there can be no real well- now expressly provided in the last
grounded belief of one's ownership. paragraph of Arti cle 526.
Such belief would be a capricious and
arbitrary one. Possessory Action
144
Postage
An act on dealing with the possession
of land as distinguished from one The money charged by law for the
which determines the title. Examples carrying of mail.
are the action of forcible entry and
detainer, ejectment.
Postal Union
Possibility
An organization established by treaty
In law, an uncertain future event. A between several governments to apply
distinction was made between a uniform rules concerning the
''bare'' possibility, such as the transmission of mail between
likelihood of a man succeeding to his countries. Most of the nations of the
father's undetailed property, which world are now members of it.
could not be transferred, and
''possibility with an interest '' like the Postdate
holder of a contingent remainder.
Another obsolete distinction is that In Negotiable Instruments law: To
between a ''common possibility, such date an instrument as of some day
as the issue of a married couple, and a later than the day on which it is
"double possibility, '' such as that two actually made. The postdating of a
persons will marry and have issue. check may protect the maker from
criminal prosecution in the event that
Possibility of Reverter there are insufficient funds.
Post Post-Employment
Medical Examination
A Latin preposition meaning ''after.''
145
As a general rule, a medically Or postliminy: The rule that a person,
repatriated seafarer is required to captured by the enemy, will be re
submit himself to a post-employment stored on his return to exactly the
medical examination by the same status and rights which he had
companys designated physicians before capture.
within three (3) working days upon
his return. Status Maritime The term is borrowed from the Ro
Corporation vs. Delalamon, 721 SCRA man law concept according to which a
390 (2014) person who has been captured and
afterwards returns within the
Post Entry boundaries of his own State was
restored to all his former rights.
An entry of goods at a custom house
to bring the original entry to the total In modern international law: It is
which had been reported. applied chiefly to property taken by
the enemy. When it is brought back to
Poster the jurisdiction from which it is taken,
all the rights and interests in it are re
A fabricated flat surface which a established as of the time of capture.
message is either posted or painted.
Applied to modern practice the doc
Posterity trine denotes that territory, persons
and property, after having come
All the direct descendants of a person, under the authority of the enemy,
excluding the collaterals. revert to the territory of the original
sovereign upon retaking possession.
Post Factum However, acts of the enemy involving
the captured per son or property
Latin: Referring to an act which is while in the enemy's possession are
done afterwards. not necessarily invalidated if under
international law the occupant was
Posthumous Child competent to perform them.
One born after the death of the father. Post Litem Motam
The posthumous child has the same
legal status or standing as one born Latin: After the beginning of the
before. action or litigation.
Postliminium
Postman
146
A letter carrier.
Post Obit
Postmaster
Literally: After death
The head of a local post office.
A contract or promise to pay a sum of
money after the death of a named
Postmaster General person from whom the promisor
hopes to inherit property.
The head of the Department of the
Post Office in the Philippines. Post Office
147
latter may either be suspensive or The affidavit necessary in order to be
resolutory. A potestative condition permitted to sue ''in forma paupers.''
that depends upon the sole will of the
creditor is valid. A potestative Power
condition that depends upon the sole
will of the debtor is valid if it is The capacity to create or destroy a
resolutory but void if it is suspensive. legal right or obligation or another
Pouch, Diplomatic legal power.
The authority of a trustee to dispose of
The mail bag in which is placed the the thrust property whether acting
official correspondence between the lawfully or unlawfully.
Foreign Office or Department of The authority of an agent to bind his
Foreign Affairs of a government and principal by contracts or transactions.
its diplomatic posts abroad. It is
sealed with the official seal and is Power of Attorney
inviolable; it is not inspected by
customs officers; it is exempted from A formal document by which an agent
all interference. is appointed, generally with wide
general powers, although it may be
Pound for a limited group of transactions, in
which case it is called a ''special''
An enclosure established by public power of attorney. It is subject to all
authority where animals may be the rules of agency and to regulations
confined, when they are found that are peculiar to itself.
straying away from the land of their
owner. An instrument in writing authorizing
a person to act as the agent or
In ancient times: Lost or detrained attorney in-fact for the person
property and cattle might be kept in granting it is called a power or letter
the pound, and returned to the owner of attorney. It may be general,
only if they were redeemed. authorizing the agent to act generally
in behalf of the principal, or special,
Poundage limiting his authority to particular
acts. It may be by parole, that is, not
The percentage of a sale allowed to a under seal, or it may be under seal.
sheriff or other officer who is The attorney cannot execute a sealed
authorized to sell goods on execution instrument so as to bind his principal
or fore closure of a lien. unless the power to him be under seal.
Power of attorney will not be
Poverty Affidavit construed to more than they clearly
import, that is, they will be strictly
148
construed, and if general terms are Control is defined as the power of an
used in connection with a particular officer to alter or modify or nullify or
subject matter such terms will be set aside what a subordinate officer
construed to refer to that particular had done in the performance of his
matter only. A power of attorney duties and to substitute the judgment
authorizing the execution of a of the former for that of the latter. It
recordable instrument should itself be includes the authority to order the
recorded, and to be recorded it must doing of an act by a subordinate or to
of course be acknowledged or be undo such act or to assume a power
accompanied with other legal directly vested in him by law.
requisite to recording. (Cruz,2002).
http://politicsandgovernance.blogspot.
Power of Augmentation com/2010/07/control-power.html
149
open to the public. (Subido vs. Ozaeta, Practice of accountancy shall
80 Phil. 383) constitute in a person, be it in his
individual capacity, or as a partner or
Power of Supervision staff member in an accounting or
auditing firm, holding out himself as
An officer in control lays down the one skilled in the knowledge, science,
rules in the doing of an act, and if they and practice of accounting, and as
are not followed, he may, in his qualified to render professional
discretion, order the act undone or services as a certified public
redone by his subordinate or he may accountant; or offering or rendering,
even decide to do it himself. or both, to more than one client on a
Essentially, the power of supervision fee basis or otherwise, services such as
means no more than the power of the audit or verification of financial
ensuring that laws are faithfully trans actions and accounting
executed, or that subordinate officers records; the preparation, signing, or
act within the law- the supervisor or certification for clients of reports of
superintendent merely sees to it that audit, balance sheets, and other
the rules are followed, but he does not financial accounting and related
lay down the rules, nor does he have schedules, exhibits, statements, or
discretion to modify or replace them; reports which are to be used for
It is the provincial government and publication or for credit purposes, or
not the governor alone which has to be filed with a court or government
authority to exercise control and agency, or to be used for any other
supervision over provincial jails. purpose; the installation and revision
Ambil, Jr vs. Sandiganbayan, of accounting system, the preparation
653SCRA576 (2011) of income tax returns when related to
ac counting procedures; or when he
Practice re presents clients before government
agencies on tax matters related to ac
The conduct of legal proceedings in all counting or renders professional
its stages and all its forms. The assistance in matters relating to
customary methods used in any court accounting procedures and the
of litigation, outside of the rules recording and presentation of
prescribed by codes or statutes of financial facts or data. (residential
procedure. Decree No. 692; The Revised
Accountancy Law)
Practice of Accountancy
Practice of Law
150
The practice of law is not Latin: Writ commanding defendant to
limited to the conduct of cases or do a certain thing or show reason why
litigation in court; it embraces the he should not do it; request for a
preparation of pleadings and other particular writ.
papers incident to actions and special
proceeding, the management of such Prayeh
actions and proceedings on behalf of
clients before judges and courts, and That part of the bill or complaint in a
in addition, conveying. In general, all suit in equity which states what relief
advice to clients, and all action taken is sought by the action.
for them in matters connected with
the law incorporation services, Preamble
assessment and condemnation
services, contemplating an appearance The introductory part of a statute or
before judicial body, the foreclosure of constitution which states the reason
mortgage, enforcement of a creditors and purpose of the legislation; often
claim in bankruptcy and insolvency recites the: facts or conditions which
proceedings, and conducting have occasioned it. It is properly of
proceedings in attachment, and in peaking, not an operative part of the
matters of estate and guardianship statute but it is of great importance in
have been held to constitute law determining how the statute is to be
practice. Practice of law means any interpreted, whenever there is doubt
activity, in or out court, which as to the meaning or effect of any
requires the application of law, legal words in it.
procedure, knowledge, training and
experience. Cayetano vs Monsod 201 Precarious
SCRA 2010
It applied to anything which may be
Practice of Medicine ended at the will of another person as
a precarious right.
The practice of medicine has been said
to mean, in its broadest sense the Precarium
practice of the act of healing disease or
preserving health. (People vs. Balicte, The bailor may demand the thing at
57 O.G. 90) will, and the contractual relation is
called a precarium, in the following
cases: (1) If neither the duration of the
contract nor the use to which the thing
loaned should be devoted, has been
Praecipe stipulated; or (2) If the use of the thing
151
is merely tolerated by the owner. (Art. A command directed by a superior to
1947, New Civil Code) an inferior officer.
Precatory Precedent
152
Precocious Puberty A person who has an estate or title
before some other holder.
The complainant is a case of
precocious puberty. She is Preemption
according to said findings, "fairly
developed and fairly well-nourished The right of purchasing property
girl'' with breasts that ''are before or in preference to some other
moderately developed, slightly person. Charters of private
conical in shape,'' but already ''soft in corporations often provide that the
consistence, with nipples corporation itself shall have the right
prominent." Her labia Inajora and of pre emption of all stock that a
labia minora are "gapingr' and stockholder wishes to dispose of.
"slightly pirnented and
hypertrophied. Hymen edges could In International law: The right of a
hardly be capitated. Hugositos are belligerent to seize and purchase of an
slightly obliterated.'' All these are appraised value neutral contraband
unequivocal signs-especially the goods en route to the enemy, other
gaping and hypertrophied labia and than absolute contraband, i.e.,
the obliteration of the rugositos- that munitions of war. It may also be
complainant, despite her relatively exercised over such goods on the high
tender age, had already been seas or in appropriated territory.
indulging in many acts of sexual In civil law: Conditions for right of
gratification or by repeated preemption of adjoining owner:
''masturbation'' or insertion of Where it has been neither proved nor
foreign bodies into the vaginal tract. alleged that the purchased land in
(People vs. Dolores, CA-G.R. question is so small or so situated that
No. 18065-R, August 23, 1957) a major por tion thereof cannot be
used for any practical purpose or that
Pre contract it has been bought merely for
speculation or, even, that it is about to
An agreement to marry. Such be resold, it is held that Article 1622 of
agreements per verba de futuro did the New Civil Code concerning the
not create the status of husband and right of preemption of an adjoining
wife but did constitute impediments owner of urban lands is not in point.
in canon law against the marriage of (Soriente vs. Court of Appeals, 62 O.G.
either party with anyone else. The 7013)
impediment may be removed by
consent of both parties. Requisites: in order that the adjoining
lot owner may have the right of pre
Predecessor emption, the following conditions
must exist: (1) the piece of urban land
153
must be so small that it cannot be used of Ruby Industrial Corporation vs.
for any practical purpose within a Lim 650 SCRA 461 (2011)
reason able time; and (2) such urban
land was bought merely for Pre-Existing Legal Duty
speculation. (Loot vs. Rovira. 63 O.G.
5972; De Santos vs. City of Manila, 45 Generally, a promise to do, or actually
SCRA 414) doing, what a party to a contract is
already under a legal obligation to do,
Under Article 1622 of the Civil Code, is not valid consideration to support a
Whenever a piece of urban land which promise of the other party to pay
is so small and so situated that a major additional compensation. In some
portion thereof cannot be used for any cases, the courts will find the existence
practical purpose within a reasonable of a rescission and the making of a
time, having been bought merely for new agreement.
speculation, is about to be re-sold, the
owner of any adjoining land has a Preference
right of pre-emption at a reasonable
price. The transfer of property by an
insolvent debtor to a creditor, the
If the re-sale has been perfected, the effect of which is to give the creditor a
owner of the adjoining land shall have larger share of the insolvent's estate if
a right of redemption, also at a he later becomes a bankrupt, than
reasonable price. other creditors of the same class.
154
production capacities and must be to be paid the accumulated dividends
induced where such gaps exist; together with those due for that year,
2. Potential of such areas of before dividends shall be paid to
investments for creating new markets, holders of common shares.
both domestic and foreign, for
domestic suppliers of raw materials or Preferred Mortgage
for domes tic consumers of products;
3. Potential of such areas of In ship mortgage decree: A valid
investment for creating productive mortgage which, at the time it is
employment; made, includes the whole of any
4. Potential for earning foreign vessel of domestic ownership shall
exchange; have, in respect to such vessel and as
5. Ex tent to which investment in such of the date of record the preferred
areas will integrate existing status if:
production facilities; 1. The mortgage is recorded with the
6. Amounts of import substitution or Philippine Coast Guard;
of new exports such areas of 2. An affidavit of good faith is filled;
investment will promote; and
7. Amount of capital normally needed; 3. The mort gage does not stipulate
8. Nature of the risk, commercial or that the mortgagee waives the
otherwise; preferred status thereof.
9. Pro portion of the required capital,
raw materials and labor inputs of Benefits accorded a preferred
indigenous origin; mortgage: The preferred mortgage
10. Rate of profitability; lien shall have priority over all claims
11. Rate of return to the national against the vessel, except the
economy; following claims in the order stated:
12. Maintenance of competition; 1. Expenses and fees taxed by the
13. Comparative advantage they enjoy Court and taxes due to the
or could be made to enjoy; and government;
14. Such other criteria as the Board 2. Crew's wages;
may adopt. 3. General average;
4. Salvage, including contract salvage,
Preferred Cumulative Stock 5. Maritime liens arising prior to the
recording of the pre ferred mortgage;
In Corporation law: If the stipulated 6. Damages arising out of tort; and
dividend on preferred stock is not 7. Preferred mortgage registered prior
paid for any one year, it shall be to time.
added to the dividends which shall be
due the following year, and dollars of Preferred Non-Cumulative Stock
said preferred shares shall be entitled
155
In Corporation law: If dividends are Prejudicial Question
not given or declared in a given year,
the right to that dividend is Defined as that which arises in a case,
extinguished. the resolution of which is a logical
antecedent of the issue involved
therein, and the cognizance of which
Preferred Participating Stock pertains to another tribunal. Strategic
Alliance Development Corporation vs.
In Corporation law: After the Star Infrastructure Development
preferred dividend is paid; the holder Corporation, 647 SCRA 545 (2011)
of such shares again receives an equal
amount of what the holders of It is said to come into play when a
common shares get. However, the civil action and a criminal action are
term "participation" may be varied. both pending and there exists in the
Stock is participating only when the former case an issue which must be
Articles of Incorporation expressly so preemptively resolve before the latter
provide. case may proceed since the resolution
of the issue in the civil action is
Prejudice resolve would be determinative juris
et de jure of the guilt or innocence of
A state of mind in which a person the accused in the criminal case. Id.
entertains a judgment about an event,
the character of a person or the Two Essential Requisites:
validity of a proposition, without 1. The civil action involves an issue
examining the facts or hearing similar or intimately related to the
evidence. It is generally assumed that issue raised in the criminal action,
the judgment so entertained is and, 2. The resolution of such issue
unfavorable, so that the term determines whether or not the
''prejudicial'' generally means harmful criminal action may proceed
or detrimental.
Preliminary Attachment
In the phrase ''without prejudice'', the
words has its literal meaning of ''pre- A provisional remedy issued, upon an
judgment.'' It is used when a suit is order of the court where an action is
dismissed for formal or technical pending, to be levied upon the
reasons which do not prevent it from property or properties of the
being brought again. defendant therein, the same to be held
thereafter by the sheriff as security for
the satisfaction of whatever judgment
might be secured in said action by the
attaching creditor against the
156
defendant. Likewise it is settled in this injunction, be it mandatory or
jurisdiction that the effect of a writ of prohibitory, will issue:
Preliminary Attachment levied upon 1. The applicant must have a
the property or properties of the clear and unmistakable right to be
defendant is to create or impose protected, that is a right in esse;
thereon a lien in favor of the attaching 2. There is a material and
creditor in relation to the purpose for substantial invasion of such right;
which the writ was issued. (Militante 3. There is an urgent need for
vs. Edrosolano, 39 SCRA 473) the writ to prevent irreparable injury
to the applicant; and
Preliminary Examination 4. No other ordinary, speedy,
and adequate remedy exist to prevent
A previous inquiry or examination the infliction of irreparable injury
made before the arrest of the Thunder Security and Investigation
defendant by the Judge or officer Agency vs. National Food Authority
authorized to conduct the same with (Region I), 654 SCRA 714 (2011)
whom complaint or information has
been filed imputing the commission of Preliminary Investigation
an offense cognizable by the court of
first instance. Preliminary investigation is an
inquiry or proceeding for the purpose
The purpose of this examination is to of determining whether there is
determine whether there is a sufficient ground to engender a well-
reasonable ground to believe that an founded belief that a crime cognizable
offense has been committed and the by the Regional Trial Court has been
accused is probably guilty thereof so committed and that the respondent is
that a warrant of arrest may be issued probably guilty thereof, and should be
and the accused held for trial. held for trial. (Rule 112, Section 1, 1985
Rules on Criminal Procedure)
Preliminary Injunction
While the right to have a preliminary
A writ of preliminary investigation before the trial is
injunction is an extraordinary event statutory rather than constitutional, it
and is the strong arm of equity or a is a substantive right and a component
transcendent remedy. It is granted of due process in the administration of
only to protect actual and existing criminal justice. Ocampo vs Abando
substantial rights. Pahila-Garrido vs. 715 SCRA 673
Torogo, 655 SCRA 553 (2011)
157
Preliminary Mandatory Injunction shall have been annulled or dissolved,
if she marry before her delivery or
A preliminary mandatory before the expiration of the period of
injunction is more cautiously regarded three hundred and one day after the
than a mere prohibitive injunction legal separation. (Article 351, Revised
since, more than its function of Penal Code)
preserving the status quo between the
parties, it also commands the Elements :
performance of an act. Dela Rosa vs. Premature marriages are prohibited to
Heirs of Juan Valdez, 654 SCRA 467 prevent confusion in filiation of
(2011) paternity, inasmuch as the widow
might have conceived and become
Preliminary Prohibitory Injunction pregnant by her late husband. The
law, in fixing 301 days, admits the
One granted by the judgment which possibility that a woman may be
finally disposes of the injunction suit. pregnant for more than nine months
It forms a part of the judgment on the and that the birth of a child taking
merits, and it can be properly ordered place nine months after it was
only on the final judgment. conceived is not impossibility. A
Injunctions of this class are in no sense woman who became a widow on June
provisional remedies but are always, 29, 1985 and remarried on August 19,
and must be, final relief. In order to 1985 is guilty of contracting a
grant relief on the merits of the case premature marriage. However, where
by perpetual in junction it is not a the widow lived with her first
prerequisite that a temporary husband for 18 years and they had no
injunction should have been applied children, and later the husband was
for and granted. found by a doctor to be impotent, and
where five months after the death of
Premature Marriage said husband, the widow remarried
and became pregnant, she was
Any widow who shall marry within not guilty of contracting a premature
three hundred and one day from the marriage. She had no criminal intent.
date of the death of her husband, or
before having delivered if she shall Premeditacion Conocida
have been pregnant at the time of his
death, shall be punish by arresto Sp. Deliberate Premeditation.
mayor and a fine not exceeding 500
pesos. Premeditation
The same penalties shall be imposed It is the planning of an act before its
upon any woman whose marriage commission. It is an essential element
158
in the crime of murder in the first
degree. Prende Acte
159
1. All the facts and circumstances of Prescription
the case;
2. The witnesses manner of testifying, Under the common law: The word
their intelligence, their means and ''prescription'' is generally used with
opportunity of knowing the facts to reference to the acquisition of a right
which they are testifying, the nature of by the lapse of time, It is said, for ex-
the facts to which they testify, the ample, under the common law, that
probability or improbability of their one may acquire a right to real
testimony; property or to an easement by
3. The witnesses interest or want of prescription" On the other hand, the
interest, and also their personal word "limitation" as applied to actions
credibility so far as the same may under the common law, has reference
ultimately appear in the trial; and to the time within which an action
4. The number of witnesses, although must be brought after the right of
it does not mean that preponderance action has accrued. Under the Civil
is necessarily with the greater number. Code, the word "prescription" is used
Id. to cover both these ideas.
160
Prescription of the Crime 2. That the period of time prescribed
by law for its enforcement has
Generally, the prescriptive period elapsed.
shall commence to run on the day the
crime is committed. Presidential Ad Presentment
Hoc Fact-Finding Committee on
Behest Loans vs. Desierto, 648 SCRA In law of commercial paper: The
586 (2011) producing and offering of a negotiable
instrument to the maker, drawee or
In People v. Pacificador, 354 SCRA 311 acceptor at the proper time and place.
(2001), the rule is that in the Presentment is one of the conditions
interpretation of the law on necessary to fix the liability of an
prescription of crimes, that which is endorser or anyone secondarily liable.
more favorable to the accused is to be
adopted. Presidential Commission Presentment for Acceptence
on Good Government (PCGG) vs. In Negotiable Instruments law: The
Carpio-Morales, 740 SCRA 368 (2014) production of a bill of exchange to the
drawee for his acceptance. (Windham
There are two (2) reckoning points for Bank vs. Norton, 56 Am. Dec. 397)
the counting of the prescription of an Requisites:
offense: (1) the day of the commission 1. Must be made by or on behalf of
of the violation of the law; and (2) if the holder;
the day when the violation was 2. At a reason able hour on a business
committed be not known, then it shall day;
begin to run from the discovery of 3. Before the bill is overdue; and
said violation and the institution of 4. To the drawee or some person
judicial proceedings for investigation authorized to accept or refuse
and punishment. Id. acceptance on his be half. (Section 145,
Negotiable Instruments Law)
Prescription of the Penalties
Presentment for Payment
The loss or forfeiture of the right of
the Government to execute the final Presentment of payment is the
sentence after the lapse of a certain presentation of the instrument to the
time. person primarily liable for the
purpose of demanding and obtaining
Two conditions necessary in payment thereof. Hongkong and
prescription of penalty: Shanghai Banking Corporation
1. That there be final judgment; and Limited Philippine Branches vs.
Commissioner of Internal Revenue,
724 SCRA 299. (2014)
161
gifts are subject to final acceptance by
Presents the Philippine Government.''
162
Presidency Agrarian Reform (DAR) Secretary, by
his own authority as such, cannot
All executive and administrative plausibly do so, as the acceptance
organization are adjuncts of the and/or approval of the Stock
Executive Department. Angeles vs. Distribution Plan (SDP) sought to be
Gaite, 646 SCRA 309 (2011) taken back or undone is the act of
PARC whose official composition
View that a sitting president cannot be includes, no less, the President as
sued. This immunity exists during the chair, the DAR Secretary as vice-chair,
Presidents incumbency only. Imbong and at least eleven other department
vs. Ochoa, Jr., 721 SCRA 146 (2014) heads. Hacienda Luisita, Incorporated
vs. Presidential Agrarian Reform
President Council, 653 SCRA 154 (2011)
The authority to approve the plan for Presidential Electoral Tribunal (PET)
stock distribution of the corporate
landowner belongs to presidential Under the doctrine of necessary
Agrarian Reform Council (PARC), and implication, the additional jurisdiction
the PARC also has the power to bestowed by the last paragraph of
revoke or recall an approved Stock Section 4, Article VII of the
Distribution Plan (SDP)- following the Constitution to decide presidential
doctrine of necessary implication, the and vice-presidential elections
conferment of express power to contests includes the means necessary
approve a plan for stock distribution to carry it into effect. Macalintal vs.
of the agricultural land of corporate Presidential Electoral Tribunal 651
owners necessarily includes the power SCRA 239 (2011)
to revoke or recall the approval of the
plan. Presidential Immunity
163
there is no need to provide for it in the handbills, radio and television as
Constitution or law- it will degrade instruments of mass communication
the dignity of the high office of the are likewise included. Freedom of
President, the Head of State, if he can press is guaranteed by Section 9,
be dragged into court litigation while Article IV of the New Constitution.
serving as such. Boac vs. Cadapan, 649
SCRA 618 (2011) Pressurized or Forced Draft Burning
Equipment
Press Attache
In Fire law: Type of burner where the
Most embassies in major capitals fuel is subjected to pressure prior to
nowadays have officials known as discharge into the combustion
Press Attache. It is the function of the chamber and/or which includes fans
Press Attache to read, analyze and or other provisions for the
interpret the important articles in the introduction of air at above normal
local press especially those bearing on atmospheric pressure into the same
political subjects and to report thereon combustion chamber.
to the Chief of Mission whenever
warranted. Usually he is responsible
for the dissemination of information Presumed Negligence
about his country, and for the
correction of erroneous or derogatory It is such a firmly established
news stories unless it is deemed principle, as to have virtually formed
advisable to ignore them to avoid part of the law itself, that the
focusing public attention on them. He negligence of the employee gives rise
handles the press relations of the to the presumption of negligence on
ambassador, prepares press re leases, the part of the employer. This is the
and through prudent social contacts presumed negligence in the selection
tries to gather valuable information and supervision of the employee. The
from his opposite numbers in the theory of presumed negligence, in
diplomatic corps and the local contrast with the American doctrine of
journalists. respondent superior, where the
negligence of the employee is
Press, Freedom Of conclusively presumed to be the
negligence of the employer, is
The right to print and to publish clearly deducible from the last
without subjection to license paragraph of Article 2180 of the Civil
requirements or censorship. Code which provides that the
The press comprehends every sort of responsibility therein mentioned
publication; books, periodicals, shall cease if the employers prove
newspapers, pamphlets, leaflets, that they observed all the diligence of
164
a good father of a family to prevent which, by means of data founded
damages. (Poblete vs. Fabros, 93 upon common experience, natural
SCRA 200) reason draws from facts which are
proved; an inference is a per missive
Presumption deduction while a presumption is a
deduction directed to be drawn by
An inference which a judge is law.
required to draw from certain facts
which have been proved or admitted. Presumption of Causality
Except for a small number of
"conclusive" presumptions, all The claimant must not merely rely on
presumptions are prima facie. No the dispute presumption, but must be
evidence is necessary to establish able to present no less than substantial
them, but may be controverted by evidence to support her claim. Talosig
evidence which tends to disprove vs. United Philippine Lines, Inc., 731
them. In most jurisdictions a SCRA 180 (2014)
presumption is not itself evidence but
merely a justification for offering
none. Consequently, on appeal, the
upper will reverse a judgment if it is
supported only by a presumption and Presumption of Fact
if some evidence has been offered to
controvert the presumption. In a An inference which may properly be
minority of jurisdiction a presumption drawn from the evidence adduced at a
is treated as evidence, and a judgment trial.
based on it cannot be reversed, even if
no other evidence relying on the Presumption of fact is a deduction or
presumption. inference which reason or experience
draws from other facts proved.
A rule of law that attaches definite A presumption of fact is that mental
probative value to specific facts or process by which the existence of one
draws a particular inference as to the fact is inferred from proof of some
existence of one fact, not actually other fact or facts with which
known, arising from usual connection experience shows it is usually
with other particular facts which are associated by succession or co-
known or proved. existence.
A presumption of fact is that mental
It has also been said that a process by which the existence of one
presumption is a rule which the law fact is inferred from proof of some
makes upon a given state of facts, other fact or facts with which
while an inference is a conclusion experience shows it is usually
165
associated by succession or co- Presumption of Law
existence. It is inseparable from
inductive reasoning as an interference A legal conclusion which is drawn
of the unknown from proof of the from the proof of certain facts and
known. which may be conclusive or
rebuttable.
Presumption of innocence Presumption ''juris'', is a deduction
which the law considers as established
The Constitution mandates that an from proven facts.
accused shall be presumed innocent until An inference which, in the absence of
the contrary is proven beyond reasonable
direct evidence on the subject, the law
doubt. Atienza vs. People, 716 SCRA 84;
People vs. Sabdula, 722 SCRA 90 [2014] requires to be drawn from the
existence of certain established facts. It
The weakness of the defense of the is an assumption made by the law that
accused, mere denial and frame up, a strong inference of fact is prima facie
cannot justify his conviction the correct, and will therefore sustain the
burden is always on the prosecution burden of evidence, until conflicting
to prove his guilt beyond reasonable facts on the point are shown.
doubt, and not on him to prove his
innocence. People vs Gatlabayan, 653
SCRA 803 (2011)
166
the regular performance of duty. 3. That the compulsory heir omitted
People vs. Casabuena, 741 SCRA 80 survive the testator.
Preterition Pretermission
167
desire to possess it, without regard to verdict is rendered and judgment
its monetary or economic value. entered.
The prevailing party in any action is At the older common law: A collusion
one in whose favor the decision or between an informer and the defend
168
ant, in order to secure a discharge or Price Escalation
acquittal.
Price escalation, as explained in
Preventive Suspension paragraph 6 of C1 2.1 of the
implementing rules and regulation
Preventive suspension is merely a (IRR), is meant to compensate for
preventive measure, a preliminary changes in the price of relevant
step in an administrative construction necessities during the
investigation. Office of the Deputy effectivity of the contract, resulting in
Ombudsman for Luzon vs Francisco, more than 5% increase or decrease in
Sr., 662 SCRA 439 (2011) the unit price of those items.
Philippine Economic Zone Authority
Preventive suspension is a measure vs. Green Asia Construction &
allowed by law and afforded to the Development Corporation, 659 SCRA
employer if an employees continued 756 (2011)
employment poses a serious and
imminent threat to the employers life Price Money
or property or of his coworkers. Bluer
Than Blue Joint Ventures That which consists of a certain
Company/Mary Ann Dela Vega vs. portion of the bets or wager funds
Esteban, 720 SCRA 765 (2014) placed by the betting public, does not
belong to the club. It is merely held in
The preventive suspension order is trust for distribution as prizes to the
interlocutory in character and not a owners of winning horses. It is
final order on the merits of the case. destined for no other object than the
Office of the Ombudsman vs. payment of prizes and the club cannot
Capulong, 719 SCRA 209 (2014) otherwise appropriate this portion
without incur ring the liability to the
Previous owners of winning horses. It cannot be
considered as an item of expense
The word "previous" in Section 9(c) of because the sum used for the payment
the Probation Law relates to the date of prizes is not taken from the funds
of conviction, not to the date of the of the club but from a certain portion
com mission of the crime. (Rura vs. of the total bets especially earmarked
Lopena, 137 SCRA 121.) for that purpose. (Manila Jockey Club,
Inc. vs. Philip pine Jockeys Union,
Price CA-G.R. No. 33037-R, February 4,
1966)
The consideration in money paid or
agreed to be paid by the purchaser of They (i.e. the money) are, of course,
personality less commonly -of realty. moneys received by the racing track;
169
but they are moneys earmarked by evidence, but which may be disproved
law or regulations for horse owners or rebutted by other evidence.
and jockeys, and do not for a single
minute, become the property of the A prima facie case is one which is
racetrack. (Commissioner of Internal supported by sufficient evidence and
Revenue vs. Manila Jockey Club, Inc., will support a finding in the absence
L-13890 and L-13887, June 30, 1960) of evidence to controvert it.
Evidence sufficiently strong to be
Priest accepted unless either rebutted or
contradicted.
A person of the Angelican, Roman
Catholic or Greek Catholic Church Prima Facie Evidence
and Aglipay Church who has taken
orders of a higher degree than deacon. The term ''prima facie evidence''
In the Roman Catholic Church, denotes evidence which, if
ordination as a priest is a sacrament. unexplained or uncontradicted, is
sufficient to sustain the preposition it
Primae Impressionis supports or to establish the facts, or to
counterbalance the presumption of
Latin: of first impression. innocence to warrant conviction.
(Salonga vs. Pafio, 134 SCRA 438)
Primae Noctis, Jus
170
In the law of evidence: The term refers
to the best evidence which could
prove a fact; again as contrasted with Principal
secondary.
The sum of money loaned for which
As applied to elections: The term periodic interest is due.
refers to the selection by qualified
voters of candidates who will be voted In the law of agency: The person who
on at a general election. grants authority to a person, called an
agent, to make contracts or enter into
Primary Evidence transactions, which the principal may
enforce and on which he will be liable.
The best evidence which could prove
a fact; as contrasted with secondary. In the law of surety: A person who is
primarily liable to a creditor, but who
Primary Jurisdiction, Doctrine of incurs that liability jointly with a third
person, the surety.
The doctrine of primary jurisdiction,
courts must refrain from determining In Criminal law: The actual
a controversy involving a question perpetrator of a crime as
which is within the jurisdiction of the distinguished from his accomplice
administrative tribunal prior to its and his accessories.
resolution by the latter, where the
question demands the exercise of One who took direct part in the
sound administrative discretion commission of the crime, or indirectly
requiring the special knowledge, forced or induced others to commit it
experience and services of the or cooperated in its commission by
administrative tribunal to determine some indispensable act.
technical and intricate matters of fact.
Bagunu vs. Aggabao, 655 SCRA 413 Principally
(2011)
As used in Article 364 of the Civil
Primary Radar Code: Not equivalent to "exclusively"
so that there is no legal obstacle if a
A radio detention system based on the legitimate or legitimated child should
comparison of reference signals with choose to use the surname of its
radio signals from the position to be mother to which it is equally entitled.
determined. (Article 1, Section 2, (Duterte vs. Republic, 97 SCRA 858)
Radio Regulations.)
Principal Conditions
171
Article 1291 of the Civil Code should be In code of commerce: When it cannot
construed to include a change in the be determined which of the two
period to comply with the obligation, vessels has caused the collision, both
which change in the period would only be shall be solidarity liable for the
a partial novation, since the period
damages occasioned to their cargoes.
merely affects the performance, not the
creation of the obligation. Ong vs.
Bogalbal, 501 SCRA 490 [2006] Principle of Interpretation
172
are given by statute priority over The old operator rule must promptly
others. Among lien-holders, priority is offer to meet the increased demand
usually given them the order in which before another operator offers to
the lien attaches. render the additional service.
(Raymundo Transportation Co. vs.
Prior Judgment Cerda, 99 Phil. 99)
In Public Service law: Before permit View that prior restraint is defined as
ting a new operator to invade the the official governmental restriction
territory of another already on the press or other forms of
established with a certificate of public expression in advance of actual
convenience, the prior operator must publication or dissemination. GMA
first be given opportunity to extend its Network, Inc. vs. Commission on
service in order to meet the public Election, 734 SCRA 88 (2014)
needs in the matter of transportation.
(Javier vs. Orlanes, 53 Phil. 468; Prision Correccional
Darang vs. Salamida, 105 Phil. 1316)
However, the prior operator rule Duration of penalty from six months
cannot take precedence over the and one day to six years. (Article 27,
convenience of the public. (Intestate Revised Penal Code)
Estate of Tiongson vs. Public Service
Commission, 36 SCRA 241) Prision Mayor
173
Duration of penalty from six years the power of the hostile government,
and one day to twelve years. (Article but not in that of the individuals or
27, Revised Penal Code) corps who capture them. They must
be humanely treated. All their
Prision Perpetua personal belongings, exceptions,
horses, and military papers remain
Life imprisonment. their property.
174
Section 20, Rule 132 of the rules of
Private Alley court provides that proof of private
document. Before any private
An alley which is not dedicated to the document offered as authentic is
public use and to which the general received in evidence, its due execution
public is denied access or which is set and authenticity must be proved
apart for some particular purpose. either: (a) By anyone who saw the
(City of Manila vs. Entote, 57 SCRA document executed or written; or (b)
497) By evidence of the genuineness of the
signature or handwriting of the
Private Carriers maker.
175
two or more States involving private relation to lands and tenements but
rights. It is therefore not international also to persons.
law in the true sense of the word. A
more apt term for it is conflict of laws. As distinguished from public
However, when some of these rules nuisance: The difference between
are embodied in a treaty they assume public and private nuisances is that a
the character of rules of conventional public nuisance affects the public at
inter national law, e.g., the Geneva large, and a private nuisance, the
Convention on Bills of Exchange. individual or a limited number of
individuals only. The test is not the
That part of the law of each state number of persons annoyed, but the
which determines whether in dealing possibility of annoyance to the public
with a factual situation involving a by the invasion of its rights- the fact
foreign element, the law of some state that it is in a public place and
will be recognized. The foreign annoying to all who come within its
element may appear in simple or sphere.
complex form.
Private Placement
Private Law
In Securities Act: An issue that is
That branch of the law which is con offered to a single or a few investors
cerned with the legal relations as opposed to being publicly offered.
between private individuals, as Private placements do not have to be
distinct from public law. registered with the Securities and
Exchange Commission.
176
In diplomatic parlance: A person who
is in the domestic service of a member Rules on privileged communications:
of the diplomatic mission and who is Tied up with the existence of malice
not an employee of the sending State. are the so-called privileged matters,
such as
Private Wharf 1. Privileged communications,
2. Fair and true report of official
One whose owner or lessee has proceedings,
exclusive enjoyment or use thereof. 3. Fair comment by newspapers and
(Aboitiz Shipping Corporation vs. 4. Criticisms of the actuations of
City of Cebu, 13 SCRA 449) public officials. These matters, though
libelous, are not actionable because
their authors are supposed to have
Privies acted without malice and with good
motive and justifiable end. Malice
Persons who are mutually interested being lacking, there is no libel. It
in a thing because of their relations to should be noted that libelous remarks
each other, but not including persons made maliciously in connection with
who have contracted together. privileged matters are actionable.
(Article 362, Revised Penal Code)
Privilege
Privilege from Arrest
A benefit or immunity conferred by
law on a person or group of persons. In Civil cases: Ambassadors, public
In Local Tax law: A right or immunity ministers and their servants are
granted as a peculiar benefit, privileged from arrest. So are
advantage or favor. members of National Assembly,
witnesses and parties to suit, and bail
Privileged Communication, Doctrine while going to, returning from and
of remaining about the business in which
they are engaged; barristers and
The concept of privileged attorneys while engaged in the
communication is implicit in the business of the court; clergymen while
constitutionally protected freedom of going to church, performing service
the press, which would be threatened and returning.
when criminal suits are
unscrupulously leveled by persons Privilege Tax
wishing to silence the media on
account of unfounded claims of A tax levied on any business or
inaccuracies in news reports. Yambot occupation. (Section 178, National
vs. Tuquero, 646 SCRA 249 (2011) Internal Revenue Code)
177
adjudicated by special courts set up
Privity for that purpose, called Prize Courts.
178
probable cause, coupled with good either of special courts, or of courts of
faith on the part of the peace officers general jurisdiction.
making the arrest. People vs. Uyboco,
640 SCRA 146 (2011) To prove a written instrument as a
deceased person's will and testament.
Probable cause is defined as such facts The act or process of proving a will by
as are sufficient to engender a well- a court having competent jurisdiction.
founded belief that a crime has been
committed, and that the persons being Probate Court
charged are probably guilty thereof.
Araullo vs. Office of the Ombudsman, The jurisdiction of a probate court
731 SCRA 34 (2014) extends to matters incidental or
collateral to the settlement and
Probable Cause for Search distribution of the estate, such as the
determination of the status of each
Such facts and circumstances which heir and whether the property in the
would lead a reasonable discreet and inventory is conjugal or exclusive
prudent man to believe that an offense property of the deceased spouse.
has been committed and that the Agtarap vs. Agtarap, 651 SCRA 455
objects sought in connection with the (2011)
offense are in the place sought to be
searched. (Burgos, Sr. vs. Chief of Probate court having jurisdiction over
Staff, Armed Forced of the properties under administration has
Philippines, 133 SCRA 800) the authority not only to approve any
disposition or conveyance, but also to
Probable Debts annul an unauthorized sale by the
prospective heirs or administrator.
In Insolvency law: (1) All debts and Silverio, Sr. vs Silverio, Jr., 733 SCRA
payable from the debtor at the time of 183 (2014)
the adjudication of insolvency; and (2)
All debts then existing but not payable Probate Proceedings
until a future time.
The appointment of a special
administrator is an interlocutory or
preliminary order to the main case for
Probate the grant of letters of administration in
a testate or intestate proceeding.
The acceptance of a document as the Manungas vs. Loreto, 655 SCRA 734
last will and testament of a deceased (2011)
person. It is the subject of jurisdiction
Probation
179
Formerly, Act. No. 3221, the Probation
An order placing defendant on Law, was declared unconstitutional in
''probation" is not a "sentence" but is People vs. Vera, 65 Phil. 56.
rather in effect as suspension of the
imposition of sentence. It is not a final Probation Officer
judgment but is rather an
''interlocutory judgment'' in the nature One who investigates for the court a
of a conditional order placing the referred for probation or supervises a
convicted defendant under the probationer or both. (Section 3(c),
supervision of the court for his Presidential Decree No. 968)
reformation, to be allowed by a final
judgment of discharge, if the Probation Law
conditions of the probation are
complied with, or by a final judgment The Probation Law, said the court in
of sentence if the conditions are Francisco, requires that an accused
violated. (Baclayon vs. Mutia, 129 must not have appealed his conviction
SCRA 148.) before he can avail himself of
probation. Colinares vs. People, 662
View that probation is special SCRA 266 (2011)
privilege granted by the state to
penitent, qualified offenders who Probationary Employees
immediately admit to their liability
and thus renounce the right to appeal. A probationary employee, like regular
Disini, Jr. vs. Secretary of Justice, 716 employee, enjoys security of tenure;
SCRA 237 (2014) Grounds for termination on the
services of an employee engaged on
Probationer probationary basis. Robinson
Galleria/Robinsons Supermarket
One who is on trial or probation. Corporation vs. Ranches, 640 SCRA
The practice under special statutes in 135 (2011)
Great Britain, the United States and
lately in the Philippines, of releasing There are two grounds to legally
first offenders who have been terminate a probationary employee, it
convicted of a crime, with special may be done either:
regulations of reporting and 1. For a just cause; or
investigation, so as to ensure their 2. When the employee fails to
good behavior. Violation of probation qualify as a regular employee in
rules may result in a rearrests and accordance with reasonable standards
sentence on the original charge. made known by the employer to the
employee at the start of the
employment. Hacienda Primera
180
Development Corporation vs.
Villegas, 647 SCRA 536 (2011) Elements of: (1) The civil case involves
facts intimately related to those upon
A probationary employee is one who which the criminal prosecution would
is on trial by the employer during be based; (2) in the resolution of the
which the employer determines issue or issues raised in the civil
whether or not said employee is action, the guilt or innocence of the
qualified for permanent employment. accused would necessarily be
Universidad de Sta. Isabel vs. determined; and (3) jurisdiction to try
Sambajon, Jr., 720 SCRA 486 (2014) said question must be lodged in
another tribunal. (Prado vs. People,
Probe 133 SCRA 602.)
181
dispensed with in meritorious cases. One of equivocal import, and of great
Barcelona vs. Lim, 724 SCRA 433 generality. It does not necessarily
(2014) mean money, its meaning in each case
depending very much upon the
Procedure connection in which it is employed
and the subject matter to which it is
Procedure is generally accepted as applied. Strictly speaking, it implies
embracing both pleading and practice something that arises out of or from
and it also includes evidence. (Tiglao another thing, and in its ordinary
vs. Commission on Elections, 34 SCRA acceptation, when ap plied to the
456) income to be derived from real estate.
it embraces the idea of issues, rents,
Proceeding profits, or produce. In a commercial
sense it means the sum, amount, or
The form in which actions are to be value of goods or things and
brought and defended, the manner of converted into money. (Consolidated
intervening in suits, of conducting Mines. Inc. vs. Court of Tax Appeals,
them, the mode of deciding them, of 58 SCRA 618)
opposing judgments and of executing.
(Companie Des Messageries Process
Maritemes vs. Court of Appeals, 99
SCRA 644) The means used by a court to compel
obedience to its mandates, as to
The alternative phrase ''or such compel the defendant's appearance, as
proceeding was taken,'' employed in to attach or levy upon the defendant's
Section 3, Rule 38 of both the old and property, etc.
new Rules, on the entry of judgment,
means other proceedings which are Original process is used to compel the
not to be "entered." In such a case, the defendant to submit to the court's
period must have to commence from jurisdiction.
the date of occurrence because entry is
either unnecessary or inconsequential. Processing
One good example of a ''proceeding''
is a writ of execution. And so is an In omnibus investments code:
order approving a compromise Converting of raw materials into
agreement which right then and there marketable form through physical,
writes finis to the controversy. (Dirige mechanical, chemical, electrical,
vs. Biranya, 17 SCRA 840) biochemical, biological or other means
or by a special treatment or a series of
Proceeds actions, such as slaughtering, milling,
pasteurizing, drying, or desiccating,
182
quick freezing, that results in a change Fr. Next friend.
in the nature or state of the products.
Merely packing or packaging shall not Proclamation
constitute processing.
A public notice made by the
Processing Tax president, governor or mayor.
Prochein Ami
183
Claims producing mineral for The profert is considered equivalent to
commercial purposes. (Section 18, attaching a copy to the pleading.
Presidential Decree No. 464.)
Profert in Curia
Product
Latin: He produces in court.
A substance produced from another
substance. (Philippine Manufacturing Profession
Company vs. Meer, 76 Phil. 436)
A calling which requires the passing
Production Cost of an appropriate government board
or bar examination, such as the
In omnibus investments code: The practice of law, medicine, public
total of the cost of direct labor, raw accountancy, engineering, etc. (Section
materials, and manufacturing 3 (e-1), Local Tax Code)
overhead determined in accordance
with generally accepted accounting Professional Driver
principles, which are incurred in
manufacturing or processing the Every and any driver hired or paid for
products of a registered enterprise. driving or operating a motor vehicle,
whether for private use or for hire to
Pro Falso Clamore Suo the public. Any person driving his
own motor vehicle for hire is a
Latin: By reason of his false claim; professional driver. (Article II, Section
because of which the plaintiff was 3[e], Land Transportation and Traffic
amerced. Code.)
184
hours worked in the work week by gross re turns does not constitute a
the non-exempt employees, except partnership, for the essential element
where such work is necessarily in a partnership is an agreement to
incident to work of a professional share profits as such. A participation
nature; and which requires, first, in commission has been held to be
knowledge of an advanced type in a such a participation in profits as to
field of science or learning make the parties sharing the
customarily acquired by a prolonged commissions partners, and
course or specialized intellectual commissions received are not
instruction and study, or second, frequently accounted as profits.
predominantly origin al and creative
in character in a recognized field of
artistic endeavor. (National Profit a Prende
Waterworks & Sewerage Authority vs.
NWSA Consolidated Union, 11 SCRA Fr. The right to take the fruits of the
766) land.
185
Prohibition Pro Interesse Suo
186
The killing by a parent of offspring; An estoppel may arise from the
e.g., infanticide. making of a promise, even though
without consideration, if it was
intended that the promise should be
Prolixity relied upon, and if a refusal to enforce
it would be virtually to sanction the
In pleading: The allegation of perpetration of fraud or would result
superfluous facts. in other injustice. (Ramos vs. Central
Bank, 41 SCRA 565)
Promisee
Promissory Note
One to whom a promise is made.
An agreement or declaration that an In Negotiable Instruments law: A
act will be performed. negotiable promissory note is an un
conditional promise in writing by one
Promise of Marriage person to another, signed by the
maker, engaging to pay on demand,
A promise to marry may be inferred or at a fixed or determinable future
from and proven by showing the time, a sum certain in money, to order
conduct of the party and general or to bearer. Where a note is drawn to
circumstances which usually attend a the maker's own order, it is not
marriage engagement, such as complete until indorsed by him.
writing, understanding among friends
and relations, and preparations for A written unconditional promise to
marriage. If the offer is by letter by pay a definite sum of money on
one at a distance, it will be presumed demand or on a specified or
to continue for a reasonable time for determinable date. The person making
the other party's consideration, and if the note is the maker and it is payable
accepted within a reasonable time and to a named per son (the payee), to his
before it is revoked the contract is order, or to bearer.
completed. If made, however, and
both parties do not treat the contract Promissory Representation
as continuing it will be considered to
be abandoned by mutual consent. In Insurance law: A promise to be
performed after the contract has come
Promisor into existence, or a statement by the
in sured, concerning what is to
One who makes a promise. happen during the term of insurance.
187
In Insurance law: One in which the and usually accompanied by an
insured undertakes that something increase in salary. (Sta. Maria vs.
shall be done or omitted after the Lopez, 31 SCRA 637)
policy takes effect and during its
continuance. It is of an executory
character and is in the nature of a Promotion Share
condition subsequent.
In Corporation law: As to mining
Promoter company, it refers to such stock as is
issued to those who originally own
One who undertakes to organize a the mining ground or valuable right
corporation. Promoters may enter into connected therewith, in consideration
contracts before the corporation is to their deeding the same to the
organized and often have the mining company, when the company
corporation subsequently assume is incorporated.
such liabilities. Unless specifically It may also mean such stock is issued
released, however, the promoter will to promoters, or those interested in
also be liable. The relationship is that the company, or incorporating it.
of a beneficiary and fiduciary, and he
is accountable for secret gains. Promulgation of Judgment
188
establish the contrary position. If the
proof adduced by the plaintiff does One who may join as plaintiff or be
not outweigh that of the defendant he joined as defendant because there is a
has not sustained his burden. question of law or fact common to the
right or duty in which he is interested
The evidence introduced upon the and another legal right sought to be
trial. enforced in the action. (Balbastro vs.
Court of Appeals, 48 SCRA 231)
189
lands of the public domain is on the A property tax is ordinarily measured
person applying for registration (or by the amount of property owned by
claiming ownership), who must prove the taxpayer on a given day, and not
that the land subject of the application on the total amount owned by him
is alienable or disposable. during the year. It is ordinarily
Petitioners need to prove that: assessed at stated periods determined
1. the land forms part of the alienable in advance, and collected at appointed
and disposable land of the public times, and its payment is usually
domain; and enforced by sale of the person
2. they, by themselves or through their assessed. (Villanueva vs. City of Iloilo,
predecessors-in-interest, have been in 26 SCRA 578)
open, continuous, exclusive, and
notorious possession and occupation Property Used in Trade or Business
of the subject land under a bona fide
claim of ownership from June 12, 1945 Property used in trade or business of a
or earlier. Valiao vs. Republic, 661 taxpayer does not include property,
SCRA 299 (2011) the management and handling of
which he leaves entirely to a Filipino
Property Relations firm while living abroad and merely
receiving income, as he cannot be
In void marriage, regardless of its considered as engaged in the estate
cause, the property relations of the business in the Philippines. (Arcelles
parties during the period of vs. Meer, 1-3730, April25, 1952)
cohabitation are governed either by
Article 147 or Article 148 of the family Propinquity
code.
Consanguinity; relationship; near
For article 147 of the Family Code to kindred.
apply, the following elements must be
present: Proposal
1. The man and the woman must be In the law of contracts: It may mean
capacitated to marry each other; an offer or invitation to deal.
2. They live exclusively with each
other as husband and wife; and Expression of intention.
3. Their union is without the benefit of
marriage, or their marriage is void. In Criminal law: There is proposal
Dino vs Dino, 640 SCRA 178 (2011) when the person who has decided to
commit a felony proposes its
Property Tax execution to some other person or
190
persons. (Article 8, Revised Penal
Code) Pro Reo
As a rule proposal is not a crime, View that the rationale behind the pro
however, proposal to commit treason reo rule and other rules that favor the
and rebellion is punishable under accused is anchored on the
Articles 115, 136 and 141 of the rehabilitative philosophy of our penal
Revised Penal Code. system. Corpuz vs. People, 724 SCRA
1 (2014)
Propriety
Prorogation
Pertaining to a proprietor or owner.
A postponement or continuance, as of
a legislative session.
Proprietor Prose
191
Prosecutors to the public to subscribe to shares
there m.
All criminal actions commenced by
complaint or information are
prosecuted under the direction and
control of public prosecutors. Bureau
of Customs vs. Sherman, 648 SCRA Prostitute
809 (2011)
A woman who engages in
The primary duty of a lawyer in promiscuous sexual intercourse for
public prosecution is to see that justice pay.
is done to the State that its penal laws
are not broken and order maintained; Any woman who, for money or profit,
to the victim, that his or her rights are habitually indulge in sexual
vindicated; and to the offender, that intercourse or lascivious conduct.
he is justly punished for his crime. (Article 202 (5), Revised Penal Code)
People vs. Pareja, 714 SCRA 131 (2014)
A woman who habitually and idly
Prospective Interpretation loiters about hotels, cafes,
drinking saloons, houses of ill-repute,
One that makes the provision of the gambling houses, etc., behaving as a
test applies only to future cases or woman of ill-repute and catering to
transactions. the soldiers' pleasures at night is a
vagrant under Section 822 of the
Prospective Trust Revised Ordinances. It is not
necessary to prove that she had no
A word used by writers instead of visible means of support.
spendthrift trust.
Prostitution
Prospectivity of Laws
The law defines prostitution as any
Laws shall have no retroactive effect, act, transaction, scheme, or design
unless the contrary is provided. involving the use of a person by
Barcelona vs. Lim, 724 SCRA 433 another, for sexual intercourse or
(2014) lascivious conduct in exchange for
money, profit, or any other
Prospectus consideration. Disini Jr. vs. Secretary
of Justice, 716 SCRA 237 (2014)
A written statement of the purposes
for which a company is being formed
and containing, usually, an invitation Pro Tanto
192
(Art. 1707, Ibid). The laborer's wages
Latin: For so much; To that extent. shall not be subject to execution or
attachment, except for debts incurred
for food, shelter, clothing and medical
attendance (Art. 1708, Ibid). The
employer shall neither seize nor retain
Protection of Citizens any tool or other articles belonging to
the laborer. (Art. 1709, Ibid).
In diplomatic parlance: One of the
duties of a diplomatic envoy is to Protection Orders
protect the interest of his countrymen
who happen to be in the country to A protection order is an order issued
which he is accredited. If such to prevent further acts of violence
countrymen are arrested and against women and their children,
detained in custody, or their rights their family or household members,
have been abused by local authorities, and to grant other necessary reliefs. Its
or gross injustice has been committed purpose is to safeguard the offended
against them, and they are unable to parties from further harm, minimize
obtain redress through regular any disruption in their daily life and
channels, the envoy may intervene facilitate the opportunity and liability
in their behalf. But the intervention and ability to regain control of their
must be conducted through the life. Tua vs. Mangrobang, 714 SCRA
ministry or department of foreign 428 (2014)
affairs of the host country. The extent
and scope of the intervention is Protectorate
determined by the laws and
regulations of the envoy's In International law: The relation be
government. A diplomatic tween a protecting State and a
representative should not interpose protected State. Although
in behalf of citizens of countries other exceptionally the term is used to
than his own. describe the relation between a
protecting State and an area or people
Protection of Labors Earnings not possessing the status of a State.
As the term implies the protected
The laborer's wages shall be paid in (weak) State is placed under the
legal currency (Art. 1705, Civil Code). protection of the protecting
Withholding of the wages, except for a (comparatively stronger) State, and
debt due, shall not be made by the the latter assumes the management of
employer (Art. 1706, Ibid). The the important inter national affairs of
laborer's wages shall be a lien on the the former. The protected State retains
goods manufactured or the work done
193
all the rights and privileges which it 3. If payment or acceptance is refused,
has not yielded to the protecting State. the notary public then makes a minute
of the dishonor on the instrument or
Protgs on his notarial register, stating the
year, the month and the day of the
In diplomatic parlance: The citizens of dishonor, his charges and affixes his
a State abroad who are under the initials thereon. This must be done on
diplomatic protection of another State the day of dishonor and the act is
by virtue of an international called "noting"; and
agreement. This may take place in the 4. On the same day or shortly
case of a very small State that may not afterwards, the notary extends the
be in a position to establish missions protest thus noted by embodying in a
abroad, or when a State has certificate the fact of the protest and
withdrawn its mission be cause of a his acts in making presentment,
rupture of diplomatic relations. demand and in giving notice of
dishonor, all of which must bear his
Pro Tempore official seal.
194
drawer and endorsers refuse to
give better security, the holder must, Sound farming practices generally
nevertheless, wait till the bill be due accepted through usage or officially
before he can sue either of those recommended by the Agricultural
parties. Productivity Commission for a
particular type of farm. (Section 166,
Code of Agrarian Reforms)
Protocol
Provisional Appointment
Etiquette: The body of accepted
practices which has grown up among One which may be issued, upon the
the nations in the course of their prior authorization of the
contracts with one another. It is a Commissioner of Civil Service in
recognized system of international accordance with the provisions of the
courtesy. It plays an important role in Civil Service Law and the rules and
carrying out a successful foreign standards promulgated thereunder, to
policy. a person who has not qualified in an
appropriate examination but who
The rules prescribing the etiquette in otherwise meets the requirements for
ceremonies of state; the code appointment to a regular position in
prescribing deference to rank and the competitive service, whenever a
strict adherence to the order of vacancy occurs and the filing thereof
preference and correct procedure; and is necessary in the interest of the
a term applied to diplomatic service and there is no appropriate
formalities including official register of eligible at the time of
ceremonies, precedence, immunities, appointment. (Ata vs. Namocatcat, 47
privileges, courtesies, etc. SCRA 314)
195
the title and powers of a custodian or produces the injury, and
receiver. without which the result would
not have occurred. Mendoza vs.
A provisional director has all the
rights and powers of a duly elected Gomez, 726 SCRA 505 [2014]
director of the corporation, including
the right to notice of and to vote at Proximate cause is that which, in
meetings of directors, until such time natural and continuous sequence,
as he is removed by order of the Com unbroken by an efficient intervening
mission or by all the stockholders. cause, produces injury, and without
which, the result would not have
Provisional Remedies occurred. Ocean Builders
Construction Corp. vs. Cubacub, 648
A preliminary injunction is merely a SCRA 605 (2011)
provisional remedy, adjunct to the
main case and subject to the latters Proximate cause is defined as that
outcome. It is not a cause of action in cause, which, in natural and
itself. Dela Rosa vs. Heirs of Juan continuous sequence, unbroken by
Velez, 654 SCRA 467 (2011) any efficient intervening cause,
produces the injury, and without
which the result would not have
Provisio occurred. Mendoza vs. Gomez, 726
SCRA 505 (2014)
A condition or stipulation, as in an
agreement or statute. An exception. Proximate Rule
196
with the express or implied consent of discharged by the parties to the
the employer. (Iloilo Dock & marriage. Marable vs Marable, 639
Engineering Co. vs. Work men's SCRA 557 (2011)
Compensation Commission, 26 SCRA
102) Psychological Incapacity must be
characterized by:
Proxy 1. Gravity;
2. Juridical Antecedence; and
A written instrument authorizing the 3. Incurability;
person to whom it is given to vote in These guidelines do not require that a
place of another; it may also refer to physician examine the person to be
the person so authorized. It is declared psychological incapacitated;
commonly used in connection with The root cause may be medically or
the election of corporate directors or clinically identified. Kalaw vs.
voting for other corporate purpose. Fernandez, 657 SCRA 822 (2011)
The appointment of a proxy is purely
personal and an incident of ownership Puberty
and, therefore, a by-law provision
prohibiting the use of proxy is In males generally, the age of four
contrary to law and, hence, null and teen years and in females, generally
void. the age of twelve years. It is the age at
which males and females are
Limitations on proxies: considered to be competent to enter
1. Proxies shall be in writing, signed into the marriage state. The period in
by the stock holder or member and which the sexual reproductive organs
filed before the scheduled meeting mature.
with the corporate secretary;
2. Unless otherwise pro vided in the Public
proxy, it shall be valid only for the
meeting for which it is intended; and The citizens or body politic of a state.
3. No proxy shall be valid and
effective for a period longer than five Public Administrator
(5) years at one time.
A state official who administers the
Psychological Incapacity estate of a decedent where there is no
one entitled under the law to supply
Psychological Incapacity must refer to for letters of administration.
no less than a mental incapacity that
causes a party to be truly in cognitive Public Aircraft
of the basic marital covenants that
concomitantly must be assumed and
197
An aircraft used exclusively in the government-owned lot is that they
service of the National Government of must own the subject house. Campos
the Republic of the Philippines or of vs. Ortega, Sr., 724 SCRA 240 (2014)
any political subdivision or
instrumentality thereof, but not Publication
including any govern ment-own
aircraft engaged in air commerce. While promulgation would seem
(Section 3, Republic Act No. 776.) synonymous to publication, there is
a statutory difference in their usage.
Public Assembly Building Gutierrez vs. The House of
Representatives Committee on Justice,
Any building or structure where fifty 643 SCRA 198 (2011)
(50) or more people congregate,
gather, or assemble for any Public Auction
purpose. (Fire Code of the
Philippines) Properties of public dominion are not
only exempt from real estate tax, they
Public Documents are exempt from sale at public
auction- property of public dominion,
View that a public document is which generally includes property
admissible in evidence even without belongings to the state, cannot be
further proof of its due execution and subject of the commerce of man. City
genuineness, but a private document of Pasig vs Republic, 656 SCRA 271
must be property authenticated before (2011)
it is admitted in evidence. Republic vs Public Biddings
Sandiganbayan, 722 SCRA 211 (2014) Public biddings are intended to
minimize occasions for corruption and
Public Dominion temptations to abuse discretion on the
part of government authorities in
Properties of public dominion are awarding contracts.
outside the commerce of man. These
properties are exempt from levy, It has been held that the three
encumbrance or disposition through principles in public bidding are:
public or private sale. City of Lapu- 1. The offer to the public;
Lapu vs. Philippine Economic Zone 2. An opportunity for competition;
Authority, 742 SCRA 524 (2014) and
3. A basis for the exact comparison of
Public Lands bids.
198
Pozzolanic Philippines Incorporated,
656 SCRA 214 (2011) Public Forest
199
Public Land lease, subject to municipal supervision
and control. (Salgado vs. De La
The term "public land" refers to all Fuente. 87 Phil. 343)
lands of the public domain and
excludes the patrimonial property of Public Nuisance
the government as well as the "Friar
Lands." It specifically refers to lands Nuisance is either public or private.
whose title still remains in the One that affects a community or
Government. (Arch bishop of Manila neighborhood or any considerable
vs. Director of Lands, number of persons, although the
27 Phil. 245.) extent of the annoyance, danger or
damage upon individuals may be
Public land which is identical with unequal. A private nuisance is one
land of the public domain are lands that is not included in the foregoing
as are thrown open to private definition. (Article 695, Civil Code)
appropriation and settlement.
(Montano vs. Ins. Govt., 12 Phil. 572.) Public Office
200
function in the exercise of Public policy has been defined as that
governmental power, shall include principle under which freedom of
any government employee, agent, or contract or private dealing is restricted
body having authority to do the act or for the good of the community. Power
exercise the function in question. Sector Asset and Liabilities
Management Corporation vs.
In Criminal law: Any person who, by Pozolanic Philippines Incorporated,
direct provision of the law, popular 656 SCRA 214, (2011)
election or appointment by competent
authority, takes part in the Public Quasi Corporation
performance of public functions in the
Government of the Philippines, or A body which possesses a limited
performs in said Government or in number of corporate powers and
any of its branches public duties as an which are low down in the scale or
employee, agent or subordinate grade of corporate existence. The term
official, of any rank or class. (Article is often applied to a body which
203, Revised Penal Code) exercises certain functions of a
corporate character, but which has not
As a public officer and a trustee for been created a corporation formerly
the public, it is the ever existing by any state.
responsibility of respondent to
demonstrate courtesy and civility in
his official actuation with the public. Public Service
Alconera vs. Pallanan, 714 SCRA 204
(2014) It includes every person that now or
hereafter may own, operate, manage
or control for hire or compensation,
Public Order with general or limited clientele
whether permanent occasional or
The term which was found in Spanish accidental and done for general
Civil Code is not as broad as public business purposes any common
policy as the latter may refer not only carrier or public utility.
to public safety but also, to
considerations which are move by the Includes every person that now or
common good. (Philippine Bank of hereafter may own operate manage,
Communications vs. Echivarri, 99 or control in the Philippines for hire or
SCRA 508) compensation with general or limited
clientele, whether permanent,
Public Policy occasional or accidental and done for
general business purposes, any
common carrier railroad x x x. wire or
201
wireless communication system, wire benefit, etc., especially where the
or wireless broadcasting stations and interest involved are of considerable
other similar public services x x x. magnitude. (Guido vs. Rural Progress
(Bureau of Telecommunications vs. Administration, 84 Phil. 847)
Public Service Commission, 29 SCRA
751) Public Utility
202
Purchase
Public Writings
The word applies to the buying of real
The written acts or records of the act estate and goods and chattels. In legal
of the sovereign authority, of official phrase it means every method of
bodies and tribunals, and of public acquiring estate and property, except
officers legislative, judicial and that by which an heir becomes
executive, whether of the Philippines, substituted in the ownership of the
or of a foreign country. property on the death of his parent or
Public records, kept in the Philippines, ancestor. Title by purchase may be
of private writings. (Section 20, Rule acquired by deed, will, prescription,
132, Rules of Court) possession or occupancy, by escheat
or through execution.
Puff
Purchase of property is broad enough
To bid of an auction sale for the sole to include an exchange. (De Navarra
purpose of raising the price. Such act vs. People, 52 O.G. 2392)
one renders the sale voidable by the
purchaser. Purchase and Sale
To exaggerate the value of goods by
so-called sales talk; or expression of A bilateral contract which is a
opinion as to value. composite of various obligations,
depending on the terms agreed upon
Puis Darrein Continuance by the parties regarding the payment
of the price, on the one hand, and the
Since the last continuance. delivery of the thing sold and the title
At common law: A plea setting forth thereto, all of which are reciprocal, as
facts or matter arising or coming to distinguished from correlative ones.
the defendant's knowledge since his (Luzon Brokerage Co., Inc. vs.
last plea or since the last continuance. Maritime Building Co. Inc., 46 SCRA
381)
Puppet Government
Purchase Money
One which acts as another wills or
dictates. (Etorna vs. Ravelo, 78 Phil. A term used often in real estate
145) dealings. In case of conveyance of real
estate the seller has a lien upon the
Pur Auter View property for the unpaid money. This
lien exists, however, only between the
Latin: During the lifetime of another. parties to the sale and those having
notice that the purchase money has
203
not been paid. Third parties who, not competent proof. (Cui vs. Henson, 57
knowing of the non-payment, lend Phil. 606)
money to the purchaser upon
mortgage or judgment duly recorded Who is a purchaser in good faith: A
or entered, will be preferred. As purchaser in good faith is one who
against such, however, one holding a buys property of another without
purchase money mort gage or notice that some other person has a
judgment note will have time if he right to, or interest in such property
acts with all possible diligence in and pays a full and fair price for the
getting his judgment or mortgage en same, at the time of such purchase or
ten d for record, and if it is so entered, before he has notice of the claim or
it will have priority over other mort interest of some other person in the
gages and judgments whether entered property. (Ibid.)
before or after.
An innocent purchase for value''
referred to in Section 38 of Act No. 496
Purchaser has been variously defined and
construed as follows:
Properly any buyer. It formerly was (a)A purchaser in good faith is one
used almost exclusively in the sense of who buys property of another without
a buyer of realty, but is increasingly notice that some other person had a
used in its ordinary and literal sense right to, or interest in such property
of a buyer of either realty or and pays the full and fair price for the
personality. same, at the time of such purchase, or
before he has notice of the claim or
Purchaser in Good Faith interest of some other person in the
property. Good faith consists in an
One who buys property of another honest intention to abstain from
without notice that some other person taking an unconscientiously
has a right to, or interest in, such advantage of another. Good faith is an
property and pays a full and fair price opposite of fraud and bad faith, and
for the same, at the time of such its non-existence must be established
purchase, or before he has notice of by competent proof. (Cui vs. Henson,
the claim of interest of some other 51 Phil. 606.)
person in the property. Good faith (b)A purchaser for value, who takes
consists in an honest intention to property upon the faith of the
abstain from taking any certificate so issued, acquires a good
unconscientiously advantage of title regard less of irregularity in the
another. Good faith is an opposite of reoccurrence of such order. Any other
fraud and of bad faith and its non- conclusion would be wholly
existence must be established by inconsistent with the spirit and
204
purpose of the Land Registration Law. certificate of title. (lnquimboy vs.
(Castillo vs. Valdez, 53 Phil. 120.) Cruz. L-3953, July 26, 1960.)
(c)One who is without notice of (h)Innocent purchaser for value
defective title. (Emas vs. includes also innocent mortgagee,
Zuzuarregui, 53 Phil. 129.) lessee and other encumbrances.
(d)A bona-fide mortgagee who (Section 38, Act No. 496.)
registers his mortgage given for
money advanced to a forger in
reliance on a certificate issued to the
forger as transferee on a forged
transfer has a valid charge against the
registered land. (53 Pure Endowment Insurance
C.J. 1141.)
(e)Where purchaser or mortgagees, A variation of life insurance policies:
acting in good faith, relies on the The amount of benefit to the
certificate of title in the name of a beneficiary would be the premium
person appearing therein as single paid.
without being cognizant of the rights
of his common-law wife as co-owner, Pure Obligation
they must be afforded the full
protection of the Torrens system. That in neither which no condition is
(Flores vs. R.F.C., L-5798, Feb. 26, placed nor a day fixed for its
1954.) compliance. A pure obligation
(f)The innocent purchaser for value therefore must be subject to neither a
protected by the law is one who condition nor a period and is
purchases a titled land by virtue of a in1mediately demandable. Immediate
deed executed by the registered demand ability, which is the most
owner him self, not by a forged deed. noteworthy characteristic of a pure
(Joaquin vs. Madrid, L-13551, Jan. 30, obligation, must be understood
1960.) rationally. Hence it does not mean
(g)If the purchaser had no knowledge, right here and now but within a
actual or imputable, of the right of reasonable time.
another person on the property, he is
still a purchaser in good faith Purge
although the vendor was in To clear one's self of a charge, as of a
possession of the deed of sale from the criminal contempt.
registered owner, where the vendor
was in possession of the deed of sale An act or instance of purging; a
from the registered owner, together ridding (as of a nation or party) of
with the owner's duplicate copy of the element or members as treacherous,
205
disloyal or suspect. (Clemente vs. has thus come to mean the general
Commission on Audit, 128 SCRA 297.) scope and intention of a statute.
A proviso or exception in a statute.
Purparty Put
206
Put in Fear
Pyramid Scam
Pyrophoric
207
One who pretends to be skilled in the
practice of his profession.
Quadripartite
Quadroon
Quadruplication
Q
common law.
208
Formerly the name of a writ issued The necessary qualification of sureties
after an inquisition had been made of to a property bail bond shall be as
lands, or office found, of which a man follows:
died seized, to find out what other (a)Each of them must be a resident
lands he may have been seized. owner of real estate within the
Philippines;
Quaere (b)Where there is only one surety, his
real estate must be worth at least the
Lat. Inquire, or, investigate. amount of the undertaking;
(c)In case there are two or more
Used in reports to indicate that fur sureties, they may justify severally in
ther inquiry should be made of a legal amounts less than that expressed in
point. It is generally found in the the undertaking if the entire sum
combination "Sed quaere" (But inquire justified to is equivalent to the whole
further) added to reports of cases amount of Jail demanded.
when the reporter regards the syllabus In all cases, every surety must be
as doubtful as a matter of law. worth the amount specified in his own
undertaking over and above all just
debts, obligations and property
Quaerens Non Invenit Plegium exempt from execution. (Rule 114,
Section 11; 1985 Rules on Criminal
Lat. The plaintiff has not found (i.e., Procedure)
furnished) a pledge.
Qualified
The return of the sheriff in the old
procedure to indicate that a plaintiff, Conditional or limited.
who has been required to file a bond
or give security in order to proceed, Having met or complied with certain
has failed to do so. qualifications.
209
Qualified Piracy
Qualified rape
Qualified piracy is committed
whenever a vessel is seized by To warrant the imposition of qualified
boarding or firinb upon the same, or rape the following additional elements
whenever the pirates have abandoned must be present: (1) that the victim is
their victims without means of saving under eighteen years of age at the
themselves or whenever the crime is time of the rape and (2) the offender is
accompanied by murder, homicide, a parent whether legitimate,
physical injuries or rape. It is illegitimate or adopted of the victim;
punishable with life imprisonment to Section 2 of Republic Act No. 9346
death. (Art. 123, Revised Penal Code) imposes the penalty of reclusion
In code of commerce: ''By complement perpetua in lieu of death, when the
of a vessel shall be understood all the law violated makes use of the
persons on board, from the captain to nomenclature of the penalties of the
cabin boy, necessary for the Revised Penal Code (RPC). People vs.
management, maneuvers and Burce, 720 SCRA 212 (2014)
service, and therefore, the
complement shall include the crew, Rape is qualified when the victim is
the sailing mates, engineers, stokers, under eighteen (18) years of age and
and other employees on board not the offender is a parent, ascendant,
having specific designations; but it step-parent, guardian, relative by
shall not include the passengers or the consanguinity or affinity within the
persons whom the vessel is trans third civil degree, or the common-law
porting. (Article 648) spouse of the parent of the victim.
See also Piracy. People vs Buclao, 726 SCRA 365 (2014)
210
custody of the woman seduced. implies superior power or abuse of
(Article 337, Revised Penal Code) confidence on the seducer's part in
relation to the seduced. Qualified
Seduction (estupro) is either qualified seduction may be committed only by
or simple. Virginity is an element of the person mentioned in Article 337,
qualified seduction, as in consented Revised Penal Code. The charge must
abduction. However, in seduction of a specify that the defendant belongs to
sister or descendant (incest), or a any of the classes of persons
widow of good reputation, virginity is mentioned therein. If the indictment
not an element. The purpose of the does not specify that the defendant is
statute is not to punish illicit a person in authority, servant, etc., the
intercourse, but to punish the seducer crime would not be qualified; it may
who, by means of a promise of be only simple seduction, assuming
marriage, destroys the chastity of an that there was deceit. This rule applies
unmarried female of previous chaste even if there is proof that the seducer
character, and who thus draws her lived in the house of the family of the
aside from the path of virtue and offended party. The woman seduced
rectitude, and then fails and refuses to must be over 12 and under 18 years of
fulfill his promise, a character age. If she was 30 years old when she
despicable in the eyes of every decent was seduced, she could not recover
and honorable man. (People vs. Iman, damages although she submitted to
62 Phil. 92) sexual intercourse due to the promise
of marriage. A higher penalty is
Seduction generally means to imposed for qualified, than for simple
withdraw a virgin from the path of seduction, because of the abuse of
rectitude or to lead her astray. It confidence and the moral influence
imports not only illicit sexual which the seducer exercises over the
intercourse but also a surrender of victim, as in the case of teacher and
chastity; a surrender of the woman's pupil.
personal virtue. The law is for the
protection of the chastity of unmarried Elements: The requisites of qualified
women. In qualified seduction, the seduction are that there be carnal
existence of virginity at the time of the intercourse with a virgin (doncella)
intercourse is a necessary ingredient over 12 years of age and under 18
of the offense. The prostitute may be years of age and that it be committed
the victim of rape but not of by a person in public authority, priest,
seduction. house servant (criado), domestic,
guardian, teacher, or any person who
Simple and qualified seduction in any capacity is entrusted with the
distinguished: Simple seduction education or custody of the seduced
requires deceit. Qualified seduction girl. The seduction of a sister or
211
descendant is known as incest. Elements: (a) The offender is a priv-
Virginity (doncellez) is not required ate person; (b) he entered the dwelling
and the woman may be over 18years of another; (c) against the latter's will.
of age. Rerationship by consanguinity, The penalty attached to the crime is
not by affinity, is contemplated. The made to depend upon whether in
relationship need not be legitimate. forcing his entrance the offender did
The testi mony of the complaining girl or did not use violence or intimidation
may be sufficient for conviction in as a means of attaining his purpose.
seduction cases.
Qualified Voter
Qualified Theft
A term used to indicate a person who
Theft is qualified under article 310 of has a legal right to vote in a particular
the Revised Penal Code under the place and at a particular time, whether
following circumstances: or not he registers, or votes. However,
1. if the theft is committed by a the term is sometimes used to refer to
domestic servant; registered voter.
2. if the theft is committed with grave
abuse of confident;
3. if the property stolen is a
a. motor vehicle
b. mail matter Qualifying Circumstances
c. large cattle
4. if the property stolen consist of Those that change the nature of the
coconuts taken from the premises of a crime.
plantation;
5. if the property is fish taken from a The revised rules on Criminal
fishpond or fishery; or Procedure which took effect on
6. if property is taken on the occasion December 1, 2000 explicitly mandates
of fire, earthquake, typhoon, volcanic that the information must state in
eruption, or any other calamity, ordinary and concise language the
vehicular accident or civil disturbance. qualifying and aggravating
Clay & Feather International, Inc. vs circumstances attending an offense.
Lichaytoo, 649 SCRA 516 (2011) People vs. Condes, 644 SCRA 312
(2011)
Qualified Trespass to Dwelling
The term aggravating circumstance
Any private person who enters the is stricty construed when the
dwelling of another against the latter's appreciation of the modifying
will. (Article 280, Revised Penal Code) circumstances can lead to the
imposition of the maximum penalty of
212
death; The qualifying circumstances of
relationship, even if established Lat. To the extent (that it is) less.
during trial, could not affect the
criminal penalty of the accused by At Roman law: An action or defense
virtue of its non-allegation in the {i.e., exception) in a sale, when the
information. People vs. Dadulla, 642 arti cle sold is less in value that was
SCRA 432 reason ably expected, because of
defects, al though there has been no
Quality specific guar anty. It is used as an
alternative to a right of rescission for
The characteristics or nature of some breach of an im plied warranty.
person or thing. It was formerly neces
sary in pleading to state the quality of Quantity
the thing incidentally referred to or
connected with the situation that Extent; duration.
consti tutes the cause of action or the
crime charged. Quantum Damrinificatus
In modern pleading: Precision in this Lat. How much (has he been) dam
respect is no longer required, if the aged.
pleading is substantially correct
Quamdiu Se Bene Gesserit Quantum Meruit
The Latin equivalent for the phrase Quantum meruit means that in an
'during good behavior,'' used in ap action for work and labor, payment
pointment to public office, when the shall be made in such amount as the
appointment is made for life, subject plaintiff reasonably deserves. Heirs of
to general rules of retirement. It Ramon C. Gaite vs. The Plaza, Inc.,
implies that the holder of the office 640 SCRA 576 (2011)
may not be removed except for cause
duly shown, after a hearing. Quantum of Evidence
213
criminal cases, the accused is entitled quantum meruit, the plaintiff may not
to an acquittal, unless his guilt is both rely on an express contract of
shown beyond a reasonable doubt. sale and on an implied contract to pay
Proof beyond reasonable doubt does the value of the goods.
not mean evidence that which
produces absolute certainty; only This term applies where goods are
moral certainty is required or that sold without specifying the price. The
degree of proof which produces price to be recovered in such case is
conviction in an unprejudiced mind. that at which goods are commonly
Tolentino vs. Loyola, 654 SCRA 420 sold in the neighborhood or locality.
(2011) This is what the purchaser
presumably under takes to pay.
Quantum of Proof
Quarantine
Preponderance of evidence is the
weight, credit, and value of the Fr. A period of forty days, during
aggregate evidence on either side and which a widow may occupy the
is usually considered to be mansion or manor-house of her
synonymous with the term greater deceased husband, while waiting for
weight of the evidence or greater dower to be assigned to her.
weight of the credible evidence- In Maritime law: The period during
preponderance of evidence is a phrase which a vessel may be detained,
which, in the last analysis, means before disembarking passengers or
probability of the truth, evidence unloading goods, for the purpose of
which is more convincing to the court determining whether there is danger
as worthy of belief than that which is of infectious or contagious disease
offered in opposition thereto. being spread in the country, if
Philippine Commercial International disembarking or unloading were
Bank vs. Balmaceda, 658 SCRA 33 permitted. The period was originally
(2011) forty days, but no such time
restriction is now attached.
Quantum Valebat
Quare
Lat. As much as goods are reasonably
worth. Lat. Wherefore.
214
Quare Ejecit Infra Terminum Quartered means having the dead
traitor's body cut into four parts.
Lat. Wherefore he ejected him within
the term. Quartering of Soldiers
215
The silence of a person in a direct and thought of as an entity, al though it
specific accusation of crime. (People has no legal status as such.
vs. Pilones, 84 SCRA 156)
Quasi-Crimes
Quasi-Contract
Offenses against the public, not pun
A claim created by law, based upon ishable by fine or imprisonment, but
equity and independent of any subjecting the perpetrator to arrest or
agreement between the person against disqualifying him for certain types of
whom the claim is made and the public employment. Unlawful
claimant; an implied contract. The immigra tion which renders the
term is often taken to include claims immigrant liable to deportation is an
created by statute, without reference example. Expres sion of disloyalty
to either equity or agreement. justifying dismissal from office may be
considered in the same class.
Classifications: (1) Nominate and (2) Contempt proceedings are also often
Innominate. The former is called by referred to as quasi-criminal.
the Civil Code (a) Negotiorum Gestio
and Quasi-Delict
(b) Solutio Indebite.
In International law: A juridical A quasi-delict, is defined as an act, or
relation which is not based on any omission which causes damage to
agreement, express or implied, another, there being fault or
between the parties to it, but which negligence. Navida vs. Dizon, Jr., 649
the law regards as creating obligations SCRA 33 (2011)
between them because of the Requisites: (1) An act or omission; (2)
circumstances in which they find Existence of fault or negligence; (3)
themselves. Damage caused by said act or
omission; ( 4) Direct relation of cause
Quasi-Corporation and effect between act or omission
and damage; (5) No pre-existing
An association which, for many contractual relation between the
purposes, may be treated as a parties.
corporation, although it has in fact
never been incorporated in proper Quasi-Delictual Action
form. Labor Unions, fraternal lodges,
some churches, are examples. The Requisites: (1) An act or omission
word may also be ap plied to a constituting fault or negligence on the
complex of interests such as the estate part of private respondents; (2)
of a deceased person, which is often Damage caused by the said act or
omission; (3) Direct causal relation
216
between the damage and the act or Quasi in Rem
omission; and (4) No pre-existing
contractual relation between the An action to subject certain property
parties. Tayag, Sr. vs. Alcantara, 98 of the defendant to payment of a
SCRA 723 claim.
An action between parties where the
Quasi-Deposit direct object is to reach and dispose of
property owned by them, or of some
A deposit effected without the agree interest therein. (De Midgely vs. Fe
ment of the depositary to assume the randos, 64 SCRA 23)
obligation of a deposit. In the case of a
lost personal property which is not a Quasi-Judicial
treasure and the owner is unknown,
the finder is obliged to deposit it with As if judicial. Said of procedure
the mayor of the place where finding which has some of the attributes of
took place. (Art. 719, New Civil Code) judi cial function, e.g., the limited
Examples: The obligation of the find activities of administrative boards.
er of property, and of the owner of
land on which, in case of emergency
or dis aster. goods are placed in order Quasi-Legislative
to save them. (See Arts. 2168 & 2171,
New Civil Code) As if legislative. Procedure which has
some of the attributes of the
Quasi-Derelict functions of a legislature.
217
imprudence or simple imprudence or new felony. (Art. 160, Revised Penal
negligence. Code)
4. By causing through simple
imprudence or negligence smne Ele1nents: (1) That the offender was
wrong which, if done maliciously, already convicted by final judgment of
would have constituted a light felony. one offense. (2) That he connnitted a
new felony before beginning to serve
Quasi-Personality such sentence or while serving the
same.
Personal property or chattels pertain
ing to real property, as leases. Quasi-Stepfather
218
have enjoyed the same for the period There is a question of fact when the
barred by prescription. doubt arises as to the truth or falsity of
the alleged facts. F.A.T Kee Computer
Que est Iesme Systems, Inc. vs. Online Networks
International, Inc., 641 SCRA 390
li'r. Which is the s::Jnw, (2011)
Lat. (\;mpJs)nL The Latin term. for a A question of law arises when there is
complaint or deelarati.on, doubt as to what the law is on a
certain state of facts. F.A.T Kee
Computer Systems, Inc. vs. Online
Querens Networks International, Inc., 641
SCRA 390 (2011)
Lat. The complainer. The Latin term
for plaintiff or complainant. Questus est Nobis
In the law of Evidence: An interro Before that time only the person who
gation addressed to a witness. created the nuisance could be sued.
In Procedure: An issue of fact or law
that arises during the litigation. Quia
A common term for torture, where
this means of eliciting information Lat. Because.
was legal, as in civil law countries
before the French Revolution. When this word was used in a plead
The term is derived from the Latin ing. the clause it introduced was treat
''quaestio,'' ''investigation,'' the ed as an affirmation. not as an argu
phrase "per torments," "by torture," ment.
being understood.
Quia Datum est Nobis Intelligi
Question of Fact
Lat. Because we have been given to
understand.
219
but that rule has generally been
Quia Erronice Emanavit chang ed by statute.
All assets which are either in the form A cobenant is a lease which guaranties
of cash, or can easily be turned into to the lessee a peaceable enjoyment of
cash. They include, besides mon ey. the leased premises. It is broken when
accounts receivable or negotiable the lessee is expelled from the
instruments which are due within six premises under a claim of para mount
months, merchandise or goods in the title, but not by the mere asser tion of
course of manufacturers and other such title. It is equally broken when
pro perties. like stocks and securities, the lessor tortiously enters the
for which there is a present available premises.
market.
Quieting of Title
Quickening
Quieting of title is a common
The sensation, experienced by a law remedy for the removal of any
pregnant woman, of the motion of the cloud upon, doubt, or uncertainty
embryo. Abortion before quickening affecting title to real property. Green
was formerly not regarded as a crime,
220
Acres Holdings vs. Cabral, 697 SCRA Qui Improvide
266
Lat. Who inadvertently.
In order that an action for quieting of
title may prosper, two requisites must The name of a supersedeas writ,
concur: granted in the place of a previous one
1. the plaintiff or complainant has a which was improperly issued.
legal or equitable title or interest in the
real property subject of the action; and Qui Prior est Tempore, Patior est Jure
2. the deed, claim, encumbrance, or
proceeding claimed to be casting Lat. He has the better title who is first
cloud on his title must be shown to be in point of time.
in fact invalid or inoperative despite
its prima facie appearance of validity Qui Sentit Commodum, Sen-Tire
or legal efficacy. Phil-Ville Debit et Onus
Development and Housing
Corporation vs. Bonifacio, 651 SCRA Lat. He who derives the benefit ought
327 (2011) to sustain the burden.
Qui Tam
A bill in equity to establish the title of Who as well; to recover for the state as
the petitioner to certain lands of which well as for self.
he claims lawfully to be in possession,
and to remove from the record any in Quitclaim
struments or document which may
vexatiously be used to interfere with A waiver or quitclaim is a valid and
the possession or title, or to demand binding agreement between the
the surrender and cancellation of such parties, provided that it constitute a
documents. credible and reasonable settlement,
and that the one accomplishing it has
Qui Facit per Alium Facit per se done so voluntarily and with a full
understanding of its import. Plastimer
Lat. He who acts through another is Industrial Corporation vs. Gopo, 643
deemed in law to act himself. SCRA 502 (2011)
221
Quittance
/\ term used in older pleading to in
A form of release. An acquittance. troduee an inducement, but not to
int.ro duce a positive averment.
Quoad
Quod Cijiua Concessit
Lat. As far as. QUOAD HOC
Lat. \Vhich the court granted.
Lat. As far as this (sc. is concerned).
Quod Permittat
Quoad Sacra
Lat. That he permit.
Lat. As far as religious matters (sc. is
concerned). A writ used to claim common of
pasture against the heir of the
Quoad Ultra disseisor.
222
Quo Jure The term is derived from the Latin
words of appointment. "Quorum vos
I.at. \Vitb. what right. unum esse volo" (Of whom Idesire
you to be one).
A_ writ requiring the defendant to
show by what right he dem.ands a Quorum is necessary in meetings:
common of pasture in the land of the Unless otherwise provided for in this
complainant. Code or in the by-laws, a quorum
shall consist of the stockholders
Quorum representing a majority of the
outstanding capital stock or a
The nmnher of persons whose pre majority of the members in case of
sence in the meeting of any non-stock corporation. (Section 52,
association, or public administration, Corporation Code)
deliberative or judicial body, permits
the meeting to be lawfully conducted, Quota
Hnd makes the re sultant acts of the
body valid. 1'he number necessary is A specified proportion; e.g., the
often preseribed by statute or eustom. immigration laws provide for a quota
or rules" If no such particular of immigrants to this country,
prescription exists it is often said that depending on their nationality.
a quorun1 requires a n1ajority.
The number of mmnbers whose pre A tax levied in an equal manner.
sence is required before a meeting can
legally take action. It is usually a The number of persons who may be
major ity of the entire body. selected for military service.
The number of persons of the body
which, when legally assembled in Quousque
their places, will enable the body to
transact its proper business, or, in Lat. Up to the point that, or, until.
other words, that number that makes A phrase used in old conveyances as a
a lawful body and gives it power to term of limitation. It was also used in
pass a law or ordi nance or do any executions, like the capias ad satisfa
other valid corporate act. (Javellana ciendum, in which the property was
vs. Tayo, 6 SCRA 1042) held until the judgment was satisfied.
223
Lat. By what authority; proceeding to
determine authority of officer.
224
R
67; Republic vs. Raneses, 725
SCRA 424 [2014]
225
equivalent to one-month salary for every actual sensations and perceptions already
year of service should be awarded as an produced by the external shock. Since this
alternative. The payment of separation utterance is made under the immediate
pay is in addition to payment of and uncontrolled domination of the
backwages. Given the strained relations
senses, rather than reason and reflection,
between the parties, the award of
separation pay, in lieu of reinstatement is and during the brief period when
in order. Manarpiis vs. Texas Philippines, consideration of self-interest could not
748 SCRA 511 [2015] have been fully brought to bear, the
utterance may be taken as expressing the
real belief of the speaker as to the act just
observed by him. In a manner of
speaking, the spontaneity of the
Res gestae declaration is such that the declaration
itself may be regarded as the event
Res gestae means the things done. It speaking through the declarant rather
refers to those exclamations and than the declarant speaking for
statements made by either the himself. People vs. Manhuyod, 290
participants, victims, or spectators to a SCRA 257 [1998]
crime immediately before, during, or
immediately after the commission of the Resignation
crime, when the circumstances are such
that the statements were made as a Resignation is defined as the act
spontaneous reaction or utterance of giving up or the act of an officer by
inspired by the excitement of the occasion which he declines his office and
and there was no opportunity for the renounces the further right to it.
declarant to deliberate and to fabricate a Fetalino vs. Commission on Elections,
false statement. A spontaneous 686 SCRA 813 [2012]
exclamation is defined as a statement
or exclamation made immediately after Reversion
some exciting occasion by a participant or
spectator and asserting the circumstances Reversion is a proceeding by
of that occasion as it is observed by him. which the State seeks the return of
The admissibility of such exclamation is lands of the public domain or the
based on our experience that, under improvements thereon through the
certain external circumstances of physical cancellation of private title
or mental shock, a stress of nervous erroneously or fraudulently issued
excitement may be produced in a over it. Figuracion vs. Libi, 539 SCRA
spectator which stills the reflective 50 [2007]
faculties and removes their control, so
that the utterance which then occurs is a Revision
spontaneous and sincere response to the
226
In Constitutional law: Revision may tion, or some part of it, in a corrected
involve a rewriting of the whole or improved form. (Ibid.)
consti tution. (Javellana vs. Executive
Secret ary, 50 SCRA 30). "Amendment" and "revision" of
constitution are separate procedures
Illustration: When a house is com each having a substantial field of
pletely demolished and another is er appli cation, not mere alternative
ected on the same location, do you procedures in the same field. (Ibid.)
have a changed, repaired and altered
house, or do you have a new house? Revivai.J
Some of the materials contained in the
old house may be used again' some of The agreement to maintain as valid,
the rooms may be constructed the for both parties, a conLr&et which has
same, but this does not alter the fact been rescinded.
that you have altogether another or a The act of restoring the power to levy
new house. We conclude that the in execution on a judgment which, while
strument as contained in GA.L. 1945, still valid, has been dormant for a spe
pp. 8-89, inclusive, is not an amend cified time.
ment to the Constitution of 1877; but Obligations barred by the Statute of
on the contrary it is a completely Limitations or by discharge in bank
revised or new constitution. (Ibid.) ruptcy may be revived by a promise to
As distinguished from amendment: pay the debt, executed in writing by
The act of amending a constitution en the debtor, after the obligation has
visages a change of only specific been barred. The moral obligation is
provi sions. The intention of an act to consid ered sufficient consideration
amend is not the change of the entire for the new promise.
constitu tion, but only the
improvement of spe cific parts of the After an action has been abated, as by
existing constitution of the addition of death of a party, it may generally be
provisions deemed es sential as a received by his heirs or represent
consequence of new condi tions or the atives.
elimination of parts already
considered obsolete or unresponsive Revival of Judgment
to the needs of the time. (Ibid.)
A procedural means of securing the
Every proposal which affects a change execution of a previous judgment
in a Constitution or adds or takes which has become dormant after the
away frmn it is an "amendment," passage of five years without its being
while a ''revision'' implies a re-exam executed upon motion of the
ination and statement of the Constitu prevailing party. It is not intended to
reopen any issue af fecting the merits
227
of the judgment debtor's case nor the In the law of Agency: Any indication
propriety or cor rectness of the first by the principal that he wishes the re
judgment. As a rule, only matters of lation of principal and agent to be ter
jurisdiction and those arising after minated. It is complete when
the finality of the first judgment may communi cated to the agent. If the
be raised in the new action. principal dies or becomes bankrupt,
(Philippine Reconstruction Cor this fact is a revocation, even if not
poration, Inc. vs. Aparente, 45 SCRA communicated. However, an agency
217) coupled with an interest in the subject
matter may not be terminated at will.
The withdrawal of an offer to make a
contract.
Lat. It is recalled.
The term formerly used for the an
Revocable Permit nulment of a judgment or decree for
er rors of fact, as distinct from a
reversal for errors of law.
In Public Land law: A permit issued
for the temporary occupation and use Revoke
of a tract of land not covered by a
regular public land application. To withdraw an offer. To terminate an
(Mauleon vs. Court of Appeals, 66 agency. To cancel a license.
SCRA 101)
Revolving Letter Of Credit
Revocable Proxy
In Code of Commerce: One in which
In Corporation law: One that can be the credit is automatically replenished
revoked. Generally, proxies are re as the drafts are drawn.
vocable.
Rex Extra Commercium
Revocation
Lat. Things outside the commerce of
man.
228
Rex Non Debet Esse Sub Homine, In Insurance law: A printed or type
Sed Sub Deo Et Sub Lege Quia Lex written stipulation on a slip of paper
Facit Regem attached to the policy and forming a
part thereof. (Ang Giok Chip vs.
Lat. The king is under no man, yet he Springfield Fire & Marine Insurance
is under God and the law, for the law Co., 56 Phil. 375)
makes the king.
Rien Passa Per Le Fait
Rex Non Potest Peccare
Fr. Nothing passed by the deed.
Lat. The king can do no wrong.
A plea in a suit on a specialty that a
Rice and Corn Industry deed duly executed was, for some
other reason, defective or void.
( 1) Acquiring by purchase or barter
rice and corn and their by-products to Riens En Arriere
the extent of their raw materials re
quirements when used in the Fr. Nothing in arrear.
manufac ture of their finished A plea that there is nothing remain ing
products and (2) Engaging in the due of the plaintiff's demand.
culture, production, milling,
processing and trading (except Right
retailing) of rice and corn.
A legally enforceable claim, is sepa
rably associated with remedy.
Richard Roe The term is also used of a liberty,
freedom or privilege of which the es
The fictitious name of a defendant sence is the absence of any duty. This
whose real name is unknown to the is the commoner sense in relation to
plaintiff. poli tical rights.
229
i.e., the absence of legal restraint, cred itor (Article 1200, Civil Code) or
whereby an employee may act for to a third person (Article 1309), and
him self without being prevented by may be express and becomes effective
law; and (2) power, whereby an when communicated to the other
employee may, as he pleases, join or party (Arti cle 1201) or implied when
refrain from joining an association. only one al ternative remains possible
(Victoriano vs. Elizalde Rope Workers (Article 1202). The debtor shall have
Union, 59 SCRA66) no right to choose those prestations
which are impossible, unlawful or
In law of Donation: The term ''right'' which could not have been the object
must be understood "propriety" sense, of the obligation (Article 1200), but
over which the possessor has the jus once choice is made, it is irrevocable.
disponendi. (Republic vs. Court of If through the cred itor's acts the
Appeals, 73 SCRA 160) debtor cannot make a choice
according to the terms of the
obligations, the latter may rescind the
contract with damages (Article 1203),
but if, on the other hand, the debtor
refuses to elect, then an action may be
Right Against Self-Incrimi Nation brought to compel him to choose
not any particular prestation but just
A constitutional right not to be com to act, i.e., to make the choice.
pelled to be a witness against himself.
(People vs. Tampus, 96 SCRA 634)
230
Right Of Recourse Against Indorser delayed in payment of the price
(Article 1533, par. 3).
In Negotiable Instruments law: It
refers to the right of a holder to Right of Retention
compel the general indorser to pay the
instru ment. This right is similar to the The right of retention has been con
''right of recourse against the drawer.'' sidered as one of the conglomerate of
But as between the drawer and the in measures devised by the law for the
dorser, the indorser has a right of re protection of the possessor in good
course against the drawer the latter is faith. Its object is to guarantee the re
a prior party. imbursement of the expenses, such as
those for the preservation of the pro
Right of Resale perty, or for the enhancement of its
uti lity or productivity. It permits the
The right of he unpaid seller in pos actual possessor to remain in
session of the goods under a lien or possession while he has not been
who has properly stopped the goods reimbursed by the per son who
in tran sit, restoring his lien, to defeated him in the possession for
foreclose his lien security by selling those necessary expenses and use ful
the goods apply ing the proceeds to improvements made by him on the
the contract price and holding the thing possessed. The principal charac
buyer for any defi ciency. The right teristic of the right of retention is its
can be exercised only in three cases: accessory character. It is accessory to a
( 1) where the goods are of a principal obligation. Considering that
perishable nature; (2) where the seller the right of the possessor to receive
expressly reserves the right of resale the fruits terminates when his good
in case the buyer should make default; faith ceases, it is necessary, in order
(3) where the buyer has been in that this right to retain may be useful,
default in the payment of the price for to con cede to the creditor the right to
an unreasonable time (Article 1533, secure reimbursement from the fruits
par. 1, Civil Code). The sale can be of the property by utilizing its
made either at a public or private sale proceeds for the payment of the
but the seller must exercise reasonable interest as well as the principal of the
care and judgment in making the debt while he re mains in possession.
same and without directly or This right of re tention of the property
indirectly buy ing the goods (Article by the creditor, according to Scaevola,
1533, par. 5). Notice of sale to buyer is in the light of the provisions of Article
not essential but lack of such notice 502 of the Spanish Civil Code, is
will be relevant in determining considered not a coercive measure to
whether buyer was un reasonably oblige the debtor to pay, depriving
him temporarily of the en joyment of
231
the fruits of his property, but as a Article 1994 of the same Code, may
means of obtaining compen sation for retain the thing in pledge until the
the debt. The right of reten tion in this full payment of what may be due him
case is analogous to a con tract of by reason of the deposit. The
antichresis and it can be con sidered usufructuary, pursuant to Article 612
as a means of extinguishing the of the same Code, may retain the
obligation, inasmuch as the right to property until he is reimbursed for,
retain the thing lasts only for the the amount paid for taxes levied on
period necessary to enable the creditor the capital (Ar ticle 597) and for
to be reimbursed from the fruits for extraordinary repairs (Article 594).
the nec essary and useful expenses. (Ibid.)
(Ortiz vs. Kayanan, 92 SCRA 146)
In all of these cases, the right of re
According to Manresa, the right of tention is used as a means of extin
retention is, therefore, analogous guishing the obligation. As amply ob
to that of pledge, if the property served by Manresa: ''El derecho de
retained is a movable, and to that of retencion, lo hemos dicho, es el
antichresis, if the property held is derecho de prenda or el de antichresis
immovable. This construction appears consti tuido por la ley con
to be in harmony with similar independencia de la voluntad de las
provisions of the civil law which partes." In a pledge, if the thing
employs the right of retention as a pledged earns or produces fruits,
means or device by which a creditor is income, dividends or interests, the
able to obtain the payment of a debt. creditor shall compensate what he
Thus, under Article 1731 of the New receives with those which or owing
Civil Code, any person who has per him. In the same manner, in a contract
formed work upon a movable has of antichresis, the creditor acquires the
a right to retain it by way of pledge right to receive the fruits of an im
until he is paid. Similarly, under movable of his debtor with the obli
Article 1914 of the same Code, the gation to apply them to the payment
agent may retain in pledge the things of the interest, if owing, and thereafter
which are the ob ject of the agency to the principal of his credit. The
until the principal effects debtor cannot reacquire enjoyment of
reimbursement of the funds the immovable until he has actually
advanced by the former for the execu paid what he owes the creditor. (Ibid.)
tion of the agency, or he is
indemnified for all damages which he Right of Way
may have suf fered as a consequence
of the execution of the agency, An easement giving a property owner
provided he is free from fault. To the the right to go over the land belonging
same effect, the deposit ary, under to another. A private right of way is
232
created by prescription, conveyance or Who may demand: Not only the
by necessity. A public right of way re owner of the dominant tenement may
sults from prescription or dedication. demand the right of way, but also all
The path so passed over. persons who, by virtue of a real right,
may cultivate and use the tenement.
An easement, an encumbrance on a Thus, the usufructuary may demand
servient estate, a real right of limited it. But the lessee cannot demand this
use without possession and right, because his action is against the
ownership of the land upon which the lessor who is bound to maintain him
easement was established. (Angeles in the enjoyment of the property. It is
Estate, Inc. vs. Court of First Instance immaterial that the right of way is to
of Negros Occidental, 24 SCRA 501) be utilized by the lessee, because it is
always understood that he does so in
An easement granting the owner or the name of the owner.
any person who by virtue of a real
right may cultivate or use any Necessity required: To justify the
immovable, which is surrounded by imposition of this servitude there
other immov ables pertaining to other must be a real, not a fictitious or
persons and without adequate outlet artificial, necessity for it. Mere
to a public highway, a right of way convenience for the dominant estate is
through the neighboring estates, after not enough to serve as its basis. Even
payment of the proper indemnity. when there is a necessity, it can be
(Article 649, Civil Code) satisfied without imposing the
servitude should not be imposed.
Acquisition by prescription: When the Where a tenement is not enclosed by
right of way is permanent and has an others, this legal easement cannot be
apparent sign, Jike a road, it can be established.
acquired by prescription. If the land
itself occupied by the road can be ac Access to highway: The right of way
quired in ownership by prescription, may be demanded: ( 1) When there is
why can't a servitude, which is less absolutely no access to a public high
than ownership? When there is a way, and (2) when, even if there is
permanent road, the easement one, it is difficult or dangerous to use,
should be - from obtaining a legal or is grossly insufficient. Thus, when
servitude of right considered the access is through a dangerous
continuous, because the of water way, or a steep cliff or incline, it
way existence of the road is a is the same as if the access does not
continuing assertion of a right against exist. Where, the access to the
the exclusive dominion of its power. highway can be used only at certain
times of the year, Bolieux and
Manzoni are of the opinion that the
233
right of way may be demanded for expensive to construct a bridge across
the entire year. But when the want of it, there is no outlet.
access to a public highway is due to
acts imputable to the owner himself, Reasonable and necessary: The
as when he constructs building or servitude must be such as to meet the
grants concessions to others obstruc requirements of the dominant tene
ting the old ways, the law prevents ment. The extent of the right of way
him must follow and be adapted to the
bene ficial use for which the dominant
Adequate outlet: This easement can be tene ment is intended. The right of the
established for the benefit of a dominant proprietor to have a right of
tenement with an inadequate outlet, way, reasonably necessary and conve
but not when the outlet is merely nient for the purpose for which the
incon venient. Thus, when a person ser vitude is created, is subject, of
has al ready established an easement course, to the limitation that the
of this nature in favor of his tenement, usefulness of the servient tenement to
he can not demand another, even if its owner, is not thereby unreasonably
the first passage has defects which impaired. Whether a right of way is
make pass age impossible, if those reasonable and necessary depends
defects can be eliminated by the upon the cir cumstances of each
proper repairs. The law does not particular case, the
require that the adequate outlet interests of both parties being consid
should necessarily be by land; hence, ered. Thus, where the creation of a
it has been held that an outlet by driveway over a person's land will
navigable river, suitable to the condi work no undue hardship on him and
tions of the tenement, by which will cost the least expense and labor to
persons and things can reach a public the owner of the dominant tenement
highway, would be sufficient. and the least inconvenience to the
least number of people; where the
The outlet, however, must be suffi dominant tenement is only about a
cient for the purpose and needs of the meter from the highway across said
dominant owner, although it did not land, as against 150 meters along on
be public. It would be adequate if it alley to another highway; and where
can be established at reasonable the servitude in question will not
expense; but if the cost of the outlet is greatly diminish the value of the
dispropor tionate to the importance of servient lot, said servitude should be
the outlet, the easement can be granted.
established. Thus, if a tenement is
separated from the public highway by No alienation of land: Payment of the
a dangerous river, and it will be too value of the land for a permanent use
234
of the easement does not mean an re scind must be manifested by the
alien ation of the land occupied. seller by an overt act such as notice to
the buyer or other acts, which
Right-Of-Way Rule however need not be communicated
to the buyer but the lack of such notice
The circumstance that a motorist has will be rele vant in determining
the right-of-way does not relieve him whether buyer has been unreasonably
of the obligation to use ordinary care delayed in the pay ment of the price.
to avoid injury to a pedestrian Once the transfer is rescinded, the
crossing the street. Thus, the fact that seller shall not be liable to the buyer
one has the preferred right-of-way on the contract but may recover
does not warrant him to proceed damages for breach thereof. (Article
ignoring the conse quences and the 1534, Civil Code)
safety of others. Too much insistence
on a right-of-way, even if one is Right to Vote
entitled to it, is in itself negli gence
and may even be the grossest kind of A constitutional guarantee. It is a
negligence. right without which the principle of
sovereignty residing in the people be
Right o Hold Office comes nugatory. In the traditional
ter minology, it is a political right
The just and legal claim to hold and enabling . every citizen to participate
enjoy the powers and responsibilities in the pro cess of government to
of the office. (Paredes vs. Abad, 56 assure that it de rives its power from
SCRA 522) the consent of the governed.
(Puiigutan vs. Abubakar; 43 SCRA 1)
Right to Rescind Transfer Of title
Right to Remain Silent
The right of the unpaid seller having
the right of lien or having stopped the Section 12. (1) Any person under
goods in transitu to rescind the investigation for the commission of an
transfer of title and resume the offense shall have the right to be
ownership in the goods as a means of informed of his right to remain silent
foreclosing his lien security. The and to have competent and
right can be exercised only in two independent counsel preferably of his
cases: ( 1) where the seller expressly own choice. If the person cannot
reserved the right to do so in case the afford the services of counsel, he must
buyer should make default and (2) be provided with one. These rights
where the buyer has been in default hi cannot be waived except in writing
the payment of the price for an and in the presence of counsel.
unreasonable time. The intention to
235
View that the right to remain silent is bling together of their own authority
given to persons under suspicion for with intent to assist each other against
committing some crimes, not to the any who opposes them in the
victims whose duty is to promptly execution of some enterprise of a
assist the police investigators in private nature. The enterprise must be
pinpointing criminal responsibilities. executed in a violent and turbulent
People vs. Feliciano 724 SCRA 148 manner, to the terror of the people. It
[2014] is immaterial whether the act intended
itself was law ful or unlawful.
Right-Wrong Test
The gathering together must be with
A test of the responsibility for crim an unlawful intent, for if people are
inal acts, when insanity is asserted, is together for a lawful purpose and af
the capacity of the accused to distin terwards engage in a quarrel or fight,
guish between right and wrong at the the offense is an affray and not a riot,
time and with respect to the act which if being lawfully assembled they form
is the subject of the inquiry. (People into parties with promises of mutual
vs. Ambal, 100 SCRA 325) assistance, either express or implied,
the offense will be a riot, for there will
Rigor Juris be an unlawful assembling within the
meaning of the law, and in this
Lat. The right of the law. manner a lawful assembly may be
converted into an unlawful one. One
A term used when a strict interpret joining the rioters after the riot has
ation of a legal rule is either applied or actually begun will be equally guilty
rejected. as if he had joined them while
assembling.
Riot
To establish this offense actual vio
A public disturbance of the peace of a lence and force must be shown or
serious nature, committed by three or such circumstances as have an
more persons, assembled to carry out apparent ten dency to force and
a common purpose. violence, and are calculated to strike
At common law: Rioting is a misde terror into the pub lic mind. It must be
meanor, and is generally punishable shown that the ac cused either
by fine or imprisonment. Severe actually participated in the
penal ties may be provided if the disturbance or was present encourag
rioters are armed. ing or giving countenance, support or
acquiescence to the act. It is not requi
A tumultuous disturbance of the site to the offense that personal vio
peace by three or more people assem lence be actually committed. It is suffi
236
cient that the acts of the persons
engaged are to be terror of the people, Those who own lands on the borders
as by a show of arms, threatening of a water course.
speech es or turbulent gestures.
Riparian Rights
Riparian
The rights possessed by riparian
In a broad sense: Any property hav proprietors to the banks, waters and
ing a water frontage. (Santulan vs. bed of the water course. The waters
Executive Secretary, 80 SCRA 548) may generally be used for any proper
In strict sense: Riparian refers to purpose if such use does not interfere
rivers. (Ibid.) with the rights of other riparian
proprietors.
Riparian Owners
Rise; Rising
Where a stream constitutes the
boundary between property owners, The term used to express the fact that
the owners in such cases known as the court has finally adjourned. It is
riparian owners, the property of the equivalent to "last day of the term."
respective owners will extend to the
middle of the stream, unless the Risk Capital Rule
courses which constitute the bounding
lines of the property are expressly In Securities Act: Under the Risk
stated to be elsewhere. In some Capital Rule, an investor actively
streams that are navigable, even parti cipates in the activities and
where the tide does not ebb and flow, manage ment of the enterprise where
the soil of the bed of the river belongs such in vestors' monetary contribution
to the riparian owners, subject to the consti tutes a part of the initial
right of navigation in the public. capitalization of the enterprise.
237
in a natural stream between banks or The natural bed or channel of
walls. a river or creek is the ground covered
by its waters during high tides.
A compound concept (Miranda vs. Mun1cipality of Bacolor,
consisting of three elements: CA-G.R. No. 6287-R, August 2, 1951)
238
within the juris diction of the person'' need not be in its strictly
provinces, municipalities, cities, and literal sense, for the taking may be
barangays, except when they are from the person's pres ence, when it is
national highways, in which case they done with violence and against his
are within the jurisdiction of the consent.
Ministry of Public Works and
Highways. The violence and putting to
fear need not concur, and if a man is
An open passage of the sea knocked down and robbed while
near the land, in which vessels may unconscious the offense is still
anchor and ride at anchor. A robbery. If one is put in fear by threats
roadstead. and then robbed, no other violence is
necessary to constitute the crime,
Robber though the violence or put ting in fear
may be at the time of the act or
A person guilty of robbery. immediately preceding.
239
taking be with animo lucrandi and different ob jects found on the scene
that the taking be con violencia o of the crime.
intimidacion en las personas o con
fuerza en las cosas. Robbery in all its Where the only evidence in
forms is the greatest scourge in the rob bery is the testimony of the
agricultural communities. complain ant and it appears that he
did not immediately report the
A person who takes alleged robbery to the police, it cannot
possession of personalty by means of be said that the robbery was proven
a search war rant is not guilty of beyond reasonable doubt.
robbery. The aban donment of things
taken after the com mission of the Robbery with Homicide
robbery does not nega tive the
existence of the crime. Robbery with homicide exist
when a homicide is committed either
Proof of robbery: Where there by reason, or on occasion, of the
was no eyewitness to the alleged robbery. People vs. Torres 735 SCRA
robbery, and the evidence merely 687 [2014]
shows that after the killing some of
the things inside the house, where the To sustain a conviction for
killing took place were missing, it robbery with homicide, the
cannot be presumed that the accused prosecution must prove the following
killers committed rob bery. It is elements: 1) the taking of personal
necessary to prove intent to rob.' This property belonging to another; 2) with
necessarily includes evidence to the intent to gain; 3) with the use of
effect that the accused carried away violence or intimidation against a
the effects or personalty of the person; and 4) on the occasion or by
offended party. In the absence of evi reason of the robbery, the crime of
dence that the accused carried away homicide, as used in the generic sense,
the missing objects, they cannot be was committed. People vs. Quisayas
convic ted of robbery. In People vs. 721 SCRA 16 [2014]
Kamad, 540.G. 40, the presence of the
accused at the place where the In robbery with homicide,
robbery with homicide was committed civil indemnity and moral damages
and his subsequent flight were are awarded automatically without
considered insufficient to convict him the need of allegation and evidence
of the crime. other than the death of the victim
owing to the commission of the
The accused in a robbery case crimes. People vs. Torres 735 SCRA
may be identified by means of the 687 [2014]
finger prints which he had left on the
240
Rogatory, Letters inscribed in the Roll of Attorneys
resorted to de ception and
A commission from a judge demonstrated lack of can dor in
author izing or requesting a judge of dealing with the courts. Offend ing
another or foreign jurisdiction to attorney is reprimanded and
examine a wit ness. warned. (Ibid. )
241
Roof Sign
A payment made to the owner
In Building law: A sign of a patent or copyright for the right to
installed on roofs, roof decks or eaves. manufacture, sell or use the patented
or copyrighted article.
242
name, the rule on double sale will not yields to priority of registration (Jove
apply (La yog vs. Barbero, 55 O.G. llanos vs. Dimalanta, L-1736, January
1032). Like wise where vendor sold 30, 1959) provided registration is done
property to one and the right of in good faith (Cagaoan vs. Cagaoan,
repurchase to another, the rule will 43 Phil. 554). It has been held that
not apply (Dischoso vs. Roxas, L- while one who buys from the
17441, July 31, 1962). In case of registered owner does not need to
movable property, the ownership is look beyond Certificate of Title, one
transferred to the person who may who buys from one who is not the
have first taken possession in good registered owner, but who claims
faith (Ar-ticle 1544, par. 1). Thus right under the regis tered owner, is
where a sur plus depot in Samar expected to examine not only the
was sold by the Surplus Property Certificate of Title but all factual
Commission to Villa Abrille and circumstancf>s necessary for him to
then resold to Gancayco who determine if there are any flaws in
assigned his right to Tomassi, the title of the transferor or in his capacity
former was adjudged the owner to transfer land. Failure to do such
be... cause he first took possession will prevent buyer from being
in good faith of the depot (Tomassi considered in good faith and hence
vs. Villa Abrille, 55 O.G. 3830). In priority in regis tration will not confer
case of im movable property, the any right (Revilla
ownership shall belong to the person & Fajardo vs. Galindez, L-9940, March
acquiring it who in good faith first 30, 1960), unless transferor although
recorded it in the Regis try of not registered owner at time of sale to
Property (Article 1544, par. 2). buyer, should subsequently become
one (Inquimboy vs. Paez Vda. de
Should there be no Cruz, L-13953, July 26, 1960). The rule
inscription, the ownership shall on double sale applies to double
pertain to person who in good faith donations (Article 744).
was first in possession, and, in the
absence thereof, to the person who Rule-Making
presents the oldest title, provided
there is good faith (Article 1544, par. A legislation on the
3)-Hence, he who first re gisters in administrative level, i.e., legislation
good faith is considered the owner of within the con fines of the granting
the immovable property (Bua son vs. statute, as requir ed by the
Panuyas, L-11415, May 25, 1959; constitution and its doctrine of non-
Beatriz vs Cedena, L-17703, Feb ruary delegability and separability of
28, 1962) even if the other party was powers. (Central Bank vs. Claribel, 44
first in possession (either actual or SCRA 307)
symbolic) for priority in possession
243
It is the function of laying rumors, false news and information
down general regulations as and gossip, or causes the publication,
distinguished from orders that apply distribution, circulation or spreading
to named per sons or to specific of the same, which cause or tend to
situations, the latter being cause panic, divisive effects among
adjudicatory in nature. (Ibid.) people, discredit of or distrust for the
duly constituted authorities,
Rule Nisi undermine the stability of the Govern
ment and the objectives of the New
In the older practice: An Society, endanger the public order, or
order, ob tained ex parte to show cause damage to the interest or credit
cause why a certain relief granted in a of the State. (Presidential Decree No.
lower court should not be set aside. 90)
The rule will be made absolute, i.e.,
the relief granted will be affirmed, Running Account
unless (nisi) sufficient cause is shown
to set it aside. If such cause is shown, A current or open mutual account,
the rule will be dis charged. usually between merchants, involving
reciprocal claims which have not been
Rule Of Imputed Knowledge finally settled or adjusted.
244
Running Policy 1984)
245
is in conso nance with the legislative
purpose must be followed. (Ibid.)
246
S
criminal court which has exclusive original
jurisdiction in all cases involving violations
of Republic Act 3019 committed by
certain public officers, as enumerated in
Presidential Decree 1606 as amended by
Republic Act No. 8249. This includes
private individuals who are charged as co-
principals, accomplices or accessories
with the said public officers. People vs.
Go, 719 SCRA 704 [2014]
Self-incrimination clause
247
Strike
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, or for
weeding out sham claims or defenses
at an early stage of the litigation to
avoid the expense and loss of time
involved in a trial. When the
pleadings on file show that there are
no genuine issues of fact to be tried,
the Rules allow a party to obtain
immediate relief by way of summary
judgment, that is, when the facts are
not in dispute, the court is allowed to
decide the case summarily by
applying the law to the material facts.
Philippine Business Bank vs. Chua, 634
SCRA 635 [2010]
248