230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020)
Desierto, GR 146710-15,
RESEARCHED AND COMPILED BY ATTY. ALVIN
T. CLARIDADES
BY PROF. ALVIN CLARIDADES ON JANUARY 10, 2020
230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020)
RESEARCHED AND COMPILED BY PROF. ALVIN
T. CLARIDADES
1. Doctrine of absolute privilege. Doctrine that
protects persons from claims alleging defamation
where the alleged defamatory statements were
made by members of legislative assemblies while
on the floor of the assembly or communications
made in the context of judicial proceedings, as part
of a
2. Doctrine of absorption of common crimes. The rule
enunciated in People v. Hernandez [99 Phil. Rep
515 (1956)] that the ingredients of a crime form part
and parcel thereof, and hence, are absorbed by the
same and cannot be punished either separately
therefrom or by the application of Art. 48 of the
RPC. [Ponce Enrile v. Amin, GR 93335, Sep. 13,
1990, 189 SCRA 573]. It held that the crime of
rebellion under the RPC is charged as a single
offense, and that it cannot be made into a complex
crime. Also Hernandez doctrine.
3. Doctrine of actio personalis moritur cum persona.
The doctrine that personal action terminates or
dies with the person. [Santos v. Sec. of Labor, GR
L-21624, 27 Feb. 1968, 22 SCRA 848].
4. Doctrine of adherence of jurisdiction. Law. 1. The
principle that once a court has acquired jurisdiction,
that jurisdiction continues until the court has done
all that it can do in the exercise of that jurisdiction.
2. The doctrine holding that even the finality of the
judgment does not totally deprive the court of
jurisdiction over the case. What the court loses is
the power to amend, modify or alter the judgment.
Even after the judgment has become final, the
court retains jurisdiction to enforce and execute it
[Echegaray v. Sec. of Justice, GR 132601, Jan. 19,
1999, 301 SCRA 96]. Also Doctrine of continuity of
jurisdiction.
5. Doctrine of adherence to judicial precedents. The
doctrine that enjoins adherence to judicial
precedents. It requires courts in a country to follow
the rule established in a decision of its Supreme
Court. That decision becomes a judicial precedent
to be followed in subsequent cases by all courts in
the land. [Phil. Guardians Brotherhood, Inc. (PGBI)
v. Comelec, GR 190529, Apr. 29, 2010, 619 SCRA
585]. Also Doctrine of stare decisis.
6. Doctrine of adoptive admission. Rem. Law. The
doctrine pertaining to a party’s reaction to a
statement or action by another person when it is
reasonable to treat the party’s reaction as an
admission of something stated or implied by the
other person. [Estrada v.
Apr. 3, 2001, 356 SCRA 108].
7. Doctrine of agency by The doctrine where the
principal will be estopped from denying the grant of
authority if 3rd parties have changed their positions
to their detriment in reliance on the representations
made. Also Doctrine of holding out.
8. Doctrine of alter ego. A doctrine based upon the
misuse of a corp. by an individual for wrongful or
inequitable purposes, and in such case the court
merely disregards the corporate entity and holds
the individual responsible for acts knowingly and
intentionally done in the name of the corp. The
doctrine imposes upon the individual who uses a
corp. merely as an instrumentality to conduct his
own business liability as a consequence of fraud or
injustice perpetuated not on the corp., but on 3rd
persons dealing with the corp. [Cited Sulo ng
Bayan, Inc. v. Araneta, Inc., GR L-31061, Aug. 17,
1976, 72 SCRA 347].
9. Doctrine of ancillary jurisdiction. Rem. Law. The
doctrine that the court acquires jurisdiction of case
or controversy as an entirety and may, as incident
to disposition of matter properly before it, possess
jurisdiction to decide other matters raised by case,
such as proceedings which are concerned with
pleadings, processes, records or judgments of
court in principal case or proceedings which affect
property already in court’s custody. [Malaloan v.
CA, GR 104879, May 6, 1994, 232 SCRA 249].
10. Doctrine of anticipatory breach. Rem. Law. The
doctrine holding that even if the contract is divisible
in its performance and the future periodic deliveries
are not yet due, if the obligor has already
manifested his refusal to comply with his future
periodic obligations, “the contract is entire and the
breach total,” hence there can only be 1 action for
damages. [Blossom and Co., Inc. v. Manila Gas
Corp., GR L-32958, Nov. 8, 1930 55 Phil. 226].
11. Doctrine of apparent authority. The doctrine under
which the acts and contracts of the agent, as are
within the apparent scope of the authority
conferred on him, although no actual authority to
do such acts or to make such contracts has been
conferred, bind the principal. The principal’s
liability, however, is limited only to 3rd persons who
have been led reasonably to believe by the conduct
of the principal that such actual authority exists,
although none was given. In other words, apparent
authority is determined only by the acts of the
principal and not by the acts of the agent. [Banate
v. Phil. Countryside Rural Bank, Inc., GR 163825,
July 13, 2010, 625 SCRA 21]. Also Holding out
theory; or Doctrine of ostensible agency; or Agency
by estoppel; or Apparent authority doctrine.
12. Doctrine of assumption of risk. The precept that
denotes that a person who knows and
comprehends the peril and voluntarily exposes
himself or herself to it, although not negligent in
 doing so, is regarded as engaging in an
assumption of the risk and is precluded from a
recovery for an injury ensuing therefrom. Also
Doctrine of volenti non fit injuria.
13. Doctrine of attractive nuisance. A legal doctrine
that makes a person negligent for leaving a piece
of equipment or other condition on property which
would be both attractive and dangerous to curious
children. These have included tractors, unguarded
swimming pools, open pits, and abandoned
refrigerators. Liability could be placed on the
people owning or controlling the premises even
when the child was a trespasser who sneaked on
the property. Also called Attractive nuisance
doctrine.
14. Doctrine of autolimitation. The doctrine in pol. law.
where the Phils. adheres to principles of intl. law as
a limitation to the exercise of its sovereignty.
15. Doctrine of bar by prior judgment. Law. A concept
of res judicata holding that when, as bet. the 1st
case where the judgment was rendered and the
2nd case that is sought to be barred, there is
identity of parties, subject matter, and causes of
action. In this instance, the judgment in the 1st
case constitutes an absolute bar to the 2nd action.
[Antonio v. Sayman Vda. de Monje, GR 149624, 29
Sep. 2010, 631 SCRA 471].
16. Doctrine of benevolent neutrality. Constl. Law. The
doctrine holding that freedom to carry out one’s
duties to a Supreme Being is an inalienable right,
not one dependent on the grace of legislature and
religious freedom is seen as a substantive right and
not merely a privilege against discriminatory
legislation. With religion looked upon with
benevolence and not hostility, benevolent
neutrality allows accommodation of religion under
certain circumstances. [Estrada v. Escritor, AM P-
02-1651. Aug. 4, 2003, 408 SCRA 1].
17. Doctrine of caveat emptor. A warning that notifies
a buyer that the goods he or she is buying are “as
is,” or subject to all defects. The principle under
which the buyer could not recover damages from
the seller for defects on the property that
rendered the property unfit for ordinary purposes.
The only exception was if the seller actively
concealed latent defects or otherwise made
material misrepresentations amounting to fraud.
Also Doctrine of let the buyer beware.
18. Doctrine of centralized management. The doctrine
holding that the corporate powers of all corps. shall
be exercised by the BoD or the individual officers
or agents appointed by it. [Manila Metal Container
Corp. v. PNB, GR 166862, Dec. 20, 2006, 511
SCRA 444]. Also called Centralized management
doctrine.
19. Doctrine of checks and balances. A doctrine in
constl. law. that allows 1 dept. to resist
encroachments upon its powers and prerogatives
by the other depts. or to rectify the mistakes or curb
the excesses committed by the other depts. Also
called Checks and balances doctrine.
20. Doctrine of collateral estoppel. A doctrine that
prevents a person from relitigating an issue. Once
a court has decided an issue of fact or law
necessary to its judgment, that decision preclude[s]
relitigation of the issue in a suit on a diff. cause of
action involving a party to the 1st case. Also
Doctrine of preclusion of issues.
21. Doctrine of class suit or virtual representation. A
doctrine based on the concept that members of a
class who are made parties will protect their own
interests which are such that in protecting them the
interests of the persons not made parties will also
be protected. [67 CJS 919].
22. Doctrine of command responsibility. The doctrine
under which any govt. official or supervisor, or
officer of the PNP or that of any other law
enforcement agency shall be held accountable for
“Neglect of Duty” if he has knowledge that a crime
or offense shall be committed, is being committed,
or has been committed by his subordinates, or by
others within his area of responsibility and, despite
such knowledge, he did not take preventive or
corrective action either before, during, or
immediately after its commission. [Sec. 1, EO 226.
Feb. 17, 1995].
23. Doctrine of command responsibility. Elements: (a)
The existence of a superior-subordinate
relationship bet. the accused as superior and the
perpetrator of the crime as his subordinate; (b) the
superior knew or had reason to know that the crime
was about to be or had been committed; and (c)
the superior failed to take the necessary and
reasonable measures to prevent the crim. acts or
punish the perpetrators itself.
24. Doctrine of comparative injury. A rule in equity
which states that although a person is entitled to
injunctive relief, if the injury done to the respondent
or the public would be disproportionate, then
injunctive relief must be denied.
25. Doctrine of comparative negligence. The doctrine
that allows a recovery by a plaintiff whose own act
contributed to his injury, provided his negligence
was slight as compared with that of the defendant.
[Rakes v. The Atlantic, Gulf and Pacific, Co., GR
1719, Jan. 23, 1907, 7 Phil., 359].
26. Doctrine of compassionate justice. The doctrine
that the harsh provisions of law and the rigid rules
of procedure may sometimes be tempered and
dispensed with to give room for compassion.
27. Doctrine of completeness. Evid. The doctrine
holding that a dying declaration to be admissible
must be complete in itself. To be complete in itself
does not mean that the declarant must recite
everything that constituted the res gestae of the
subject of his statement, but that his statement of
any given fact should be a full expression of all that
he intended to say as conveying his meaning in
 respect of such fact. [People v. De Joya, GR
75028, Nov. 8, 1991, 203 SCRA 343].
28. Doctrine of conclusiveness of judgment. Law. A
concept of res judicata holding that where there is
identity of parties in the 1st and 2nd cases, but no
identity of causes of action, the 1st judgment is
conclusive only as to those matters actually and
directly controverted and determined and not as to
matters merely involved therein. Stated differently,
any right, fact or matter in issue directly adjudicated
or necessarily involved in the determination of an
action before a competent court in which judgment
is rendered on the merits is conclusively settled by
the judgment therein and cannot again be litigated
bet. the parties and their privies, whether or not the
claim, demand, purpose, or subject matter of the 2
actions is the same. [Antonio v. Sayman Vda. de
Monje, GR 149624, 29 Sep. 2010, 631 SCRA 471].
29. Doctrine of condonation. Law. 1. The doctrine that
a public official cannot be removed for admin.
misconduct committed during a prior term, since
his re-election to office operates as a condonation
of the officer’s previous misconduct to the extent of
cutting off the right to remove him therefor. The
foregoing rule, however, finds no application to
crim. cases pending against petitioner. [Aguinaldo
v. Santos, GR 94115, Aug. 21, 1992, 212 SCRA
768]. 2. This doctrine was abandoned by the SC [in
Morales v. CA and Binay, Jr., GR 217126-27, Nov.
10, 2015] but the abandonment is prospectivein
effect Also Doctrine of forgiveness.
30. Doctrine of constitutional avoidance. The doctrine
in constl. law prescribing that the court should
refuse to rule on a Constl. issue if the case can be
resolved on another ground.
31. Doctrine of constitutional supremacy. The doctrine
that if a law or contract violates any norm of the
constitution, that law or contract, whether
promulgated by the legislative or by the exec.
branch or entered into by private persons for
private purposes, is null and void and without any
force and effect. Thus, since the Consti. is the
fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and
contract. [Manila Prince Hotel v. GSIS, GR 122156,
Feb. 3, 1997, 267 SCRA 408].
32. Doctrine of constructive compliance. The doctrine
that states that if, without the fault of the heir, the
modal institution cannot take effect in the exact
manner stated by the testator, it shall be complied
with in a manner most analogous to and in
conformity with his wishes. [Art. 883, CC].
33. Doctrine of constructive trust. A gen. principle that
a person who acquires land or other property by
fraud, misrepresentation, imposition, or
concealment, or under any such other
circumstances as to render it inequitable for him to
retain the property, is in equity to be regarded as a
trustee ex maleficio thereof for a person who
suffers by reason of the fraud or other wrong, and
is equitably entitled to the property, even though
such beneficiary may never have any legal estate
therein. [Magallon v. Montejo, GR 73733, Dec. 16,
1986, 146 SCRA 282].
34. Doctrine of continuity of jurisdiction. Law. The gen.
principle that once a court has acquired jurisdiction,
that jurisdiction continues until the court has done
all that it can do to exercise that jurisdiction. See
Doctrine of adherence of jurisdiction.
35. Doctrine of contributory infringement. The doctrine
holding that, aside from the infringer, any person
who actively induces the infringement of a patent
or provides the infringer with a component of a
patented product or of a product produced bec. of
a patented process knowing it to be esp. adapted
for infringing the patented invention and not
suitable for substantial non-infringing use is liable
jointly and severally with the infringer as a
contributory infringer. It must, however, be proven
that the product can only be used for infringement
purposes bec. if it can be used for legitimate
purposes, the action shall not prosper.
36. Doctrine of corporate negligence. The judicial
answer to the problem of allocating hospital’s
liability for the negligent acts of health practitioners,
absent facts to support the application of
respondeat superior or apparent authority. Its
formulation proceeds from the judiciary’s
acknowledgment that in these modern times, the
duty of providing quality medical service is no
longer the sole prerogative and responsibility of the
physician. The modern hospitals have changed
structure. Hospitals now tend to organize a highly
professional medical staff whose competence and
performance need to be monitored by the hospitals
commensurate with their inherent responsibility to
provide quality medical care. [Professional
Services, Inc. v. Agana, GR 126297, Jan. 31,
2007, 513 SCRA 478].
37. Doctrine of corporate opportunity. The doctrine
under which a director of a corp. is made to account
to his corp., the gains and profits from transactions
entered into by him or by another competing corp.
in which he has substantial interests which should
have been a transaction undertaken by his corp.
This s a breach of fiduciary relationship.
38. Doctrine of corporate responsibility. The doctrine
following which it was held that a hospital has the
duty to see that it meets the standards of
responsibilities for the care of patients. Such duty
includes the proper supervision of the members of
its medical staff. [Professional Services, Inc. v.
Agana, GR 126297, Jan. 31, 2007, 513 SCRA
478].
39. Doctrine of deference and non-disturbance on
appeal. The doctrine that the SC on appeal would
not disturb the findings of the trial court on the
credibility of witnesses in view of the latter’s
 advantage of observing at first hand their
demeanor in giving their testimony. [Tehankee,
concurring op., Llamoso v Sandiganbayan, GR L-
63408 & 64026, Aug. 7, 1985, 138 SCRA 92].
40. Doctrine of dependent relative revocation. The
doctrine that states that a revocation subject to a
condition does not revoke a will unless and until the
condition occurs. Thus, where a testator “revokes”
a will with the proven intention that he would
execute another will, his failure to validly make a
latter will would permit the allowance of the earlier
will.
41. Doctrine of discouraging the splitting of cause of
action in complex crimes. Pro. The doctrine
dissuading the splitting of a cause of action in
complex crimes for the reason that it would work
unnecessary inconvenience to the administration
of justice in general and to the accused in
particular, considering that it would require the
presentation of substantially the same evidence in
diff. courts. [People v. Cano, GR L-19660, May 24,
1966].
42. Doctrine of discovered peril. The doctrine to the
effect that where both parties are negligent, but the
negligent act of one is appreciably later in time than
that of the other, or when it is impossible to
determine whose fault or negligence should be
attributed to the incident, the party who had the last
clear opportunity to avoid the impending harm and
failed to do so is chargeable with the
consequences thereof. [See Picart v. Smith, Jr.,
GR L-12219, Mar. 15, 1918, 37 Phil. 809]. 2. The
rule that an antecedent negligence of a person
does not preclude the recovery of damages for
supervening negligence of, or bar a defense
against the liability sought by, another if the latter,
who had the last fair chance, could have avoided
the impending harm by the exercise of due
diligence. [Glan People’s Lumber and Hardware v.
IAC, GR 70493, May 18, 1989, 173 SCRA 464].
Also called Last clear chance doctrine.
43. Doctrine of disregarding the distinct personality of
the corporation. The doctrine stating that when “the
notion of legal entity is used to defeat public
convenience, justify wrong, protect fraud, or defend
crime, the law will regard the corp. as an assoc. of
persons, or in the case of 2 corps., merge them into
one, the one being merely regarded as part or
instrumentality of the other. [Yutivo Sons Hardware
Co. v. CTA, GR L-13203, Jan. 28, 1961, 1 SCRA
160]. The same is true where a corp. is a dummy
and serves no business purpose and is intended
only as a blind, or an alter ego or business conduit
for the sole benefit of the stockholders. [McConnel
v. CA, GR L-10510, Mar. 17, 1961, 1 SCRA 722].
44. Doctrine of effective nationality. Law. The doctrine
holding that a person having more than 1
nationality shall be treated as if he had only one-
either the nationality of the country in which he is
habitually and principally resident or the nationality
of the country with which, in the circumstances, he
appears to be most closely connected. [Frivaldo v.
Comelec, GR 87193, June 23, 1989, 174 SCRA
245].
45. Doctrine of effective occupation. A doctrine in intl.
law which holds that in order for a nation to occupy
a coastal possession, it also had to prove that it
controlled sufficient authority there to protect
existing rights such as freedom of trade and transit.
Also called Effective occupation doctrine.
46. Doctrine of ejusdem generis. Con. The doctrine
under which where gen. terms follow the
designation of particular things or classes of
persons or subjects, the gen. term will be
construed to comprehend those things or persons
of the same class or of the same nature as those
specifically enumerated. [Napocor v. Angas, GR
60225-26 May 8, 1992, 208 SCRA 542].
47. Doctrine of election of remedies. A doctrine
developed to prevent a plaintiff from a double
recovery for a loss, making the person pursue only
1 remedy in an action. Although its application is
not restricted to any particular cause of action, it
is most commonly employed in contract cases
involving fraud, which is a misrepresentation of
a material fact that is intended to deceive a person
who relies on it.
48. Doctrine of equality of shares. The doctrine that all
stocks issued by the corp. are presumed equal with
the same privileges and liabilities, provided that the
AoI is silent on such differences. Also called
Equality of shares doctrine.
49. Doctrine of equitable recoupment. It provides that
a claim for refund barred by prescription may be
allowed to offset unsettled tax liabilities should be
pertinent only to taxes arising from the same
transaction on which an overpayment is made and
underpayment is due.
50. Doctrine of equivalents. Intel. Prop. The rule stating
that an infringement also takes place when a
device appropriates a prior invention by
incorporating its innovative concept and, although
with some modification and change, performs
substantially the same function in substantially the
same way to achieve substantially the same result.
[Smith Kline and Beckman Corp. v. CA, GR
126627, Aug. 14, 2003, 409 SCRA 33].
51. Doctrine of equivalents test. Intel. Prop. A test
established to determine infringement which
recognizes that minor modifications in a patented
invention are sufficient to put the item beyond the
scope of literal infringement. Thus, an infringement
also occurs when a device appropriates a prior
invention by incorporating its innovative concept
and, albeit with some modification and change,
performs substantially the same function in
substantially the same way to achieve substantially
the same result. [Godines v. CA, GR 97343, Sep.
 13, 1993, 226 SCRA 338]. Compare with Literal
infringement test.
52. Doctrine of estoppel. Law. A doctrine based on
grounds of public policy, fair dealing, good faith and
justice, the purpose [of which is to forbid one to
speak against his own act, representations, or
commitments to the injury of one to whom they
were directed and who reasonably relied thereon.
[PNB v. CA, GR L-30831, Nov. 21, 1979, 94 SCRA
357].
53. Doctrine of estoppel by laches. Law. An equitable
doctrine by which some courts deny relief to a
claimant who has unreasonably delayed or been
negligent in asserting a claim. A person invoking
laches should assert that an opposing party has
slept on his/her rights and that the party is no
longer entitled to his/her orig. claim.
54. Doctrine of executive privilege. The doctrine stating
that the Pres. and those who assist him must be
free to explore alternatives in the process of
shaping policies and making decisions and to do
so in a way many would be unwilling to express
except privately. These are the considerations
justifying a presumptive privilege for presl.
communications. The privilege is fundamental to
the operation of govt. and inextricably rooted in the
separation of powers under the Consti. [Almonte v.
Vasquez, GR 95367, May 23, 1995, 244 SCRA
286].
55. Doctrine of exhaustion. The doctrine that provides
that the patent holder has control of the 1st sale of
his invention. He has the opportunity to receive the
full consideration for his invention from his sale.
Hence, he exhausts his rights in the future control
of his invention. It espouses that the patentee who
has already sold his invention and has received all
the royalty and consideration for the same will be
deemed to have released the invention from his
monopoly. The invention thus becomes open to the
use of the purchaser without further restriction.
[Adams v. Burke, 84 US 17, 1873]. Also Doctrine
of first sale.
56. Doctrine of exhaustion of administrative remedies.
The gen. rule that before a party may seek the
intervention of the court, he should first avail of all
the means afforded him by admin. processes. The
issues which admin. agencies are authorized to
decide should not be summarily taken from them
and submitted to a court without first giving such
admin. agency the opportunity to dispose of the
same after due deliberation. [Rep. v. Lacap, GR
158253, Mar. 2, 2007, 517 SCRA 255].
57. Doctrine of exhaustion of administrative remedies.
Exceptions: (a) The question involved is purely
legal; (b) the admin. body is in estoppel; (c) the act
complained of is patently illegal; (d) there is an
urgent need for Judicial intervention; (e) the claim
involved is small; (f) grave and irreparable injury
will be suffered; (g) there is no other plain, speedy
and adequate remedy; (h) strong public interest is
involved; (i) the subject of the controversy is private
law; (j) the case involves a quo warranto
proceeding [Sunville Timber Products, Inc. v.
Abad. 206 SCRA 482 {1992)]; (k) he party was
denied due process (Samahang Magbubukid ng
Kapdula, Inc. v. CA, 305 SCRA 147 (1999)]; (l) the
decision is that of a Dept. Sec. [Nazareno v. CA,
GR 131641, Feb. 23. 2000]; (m) resort to admin.
remedies would be futile (UP Board of Regents v.
Rasul 200 SCRA 685 (1991)]; (n) there is
unreasonable delay [Rep. v, Sandiganbayan, 301
SCRA 237 (1999)]; (o) the action involves recovery
of physical possession of public land [Gabrito u.
CA, 167 SCRA 771 {1988)]; (p) the party is poor
(Sabello v. DECS, 180 SCRA 623 (1989)]; and (q)
the law provides for immediate resort to the court
(Rulian v Valdez, 12 SCRA 501 (1964)].
58. Doctrine of fair comment. A doctrine in the law of
libel which means that while in general every
discreditable imputation publicly made is deemed
false bec. every man is presumed innocent until his
guilt is judicially proved, and every false imputation
is directed against a public person in his public
capacity, it is not necessarily actionable. In order
that such discreditable imputation to a public
official may be actionable, it must either be a false
allegation of fact or a comment based on a false
supposition. If the comment is an expression of
opinion, based on established facts, then it is
immaterial that the opinion happens to be
mistaken, as long as it might reasonably be
inferred from the facts. [Borjal v. CA, GR 126466,
Jan. 14, 1999, 301 SCRA 1].
59. Doctrine of fair use. Prop. The doctrine that permits
a secondary use which serves the copyright
objective of stimulating productive thought and
public instruction without excessively diminishing
the incentives for creativity. Also called Fair use
doctrine.
60. Doctrine of file wrapper estoppel. The doctrine
holding that a patentee is precluded from claiming
as part of patented product that which he had to
excise or modify in order to avoid patent office
rejection, and that he may omit any additions which
he was compelled to add by patent office
regulations. This doctrine balances the Doctrine of
equivalents.
61. Doctrine of finality of administrative action. The
doctrine in pol. law that prior to the completion or
finality of the action of an admin. agency, courts will
not interfere with it for the reason that absent a final
order or decision, power has not yet been fully and
finally exercised, and there can usu. be no
irreparable harm at that point.
62. Doctrine of finality of judgment. Law. The doctrine
that once a judgment attains finality it thereby
becomes immutable and unalterable. It may no
longer be modified in any respect, even if the
 modification is meant to correct what is perceived
to be an erroneous conclusion of fact or law, and
regardless of whether the modification is attempted
to be made by the court rendering it or by the
highest court of the land. Just as the losing party
has the right to file an appeal within the prescribed
period, the winning party also has the correlative
right to enjoy the finality of the resolution of his
case. The doctrine of finality of judgment is
grounded on fundamental considerations of public
policy and sound practice, and that, at the risk of
occasional errors, the judgments or orders of
courts must become final at some definite time
fixed by law; otherwise, there would be no end to
litigations, thus setting to naught the main role of
courts of justice which is to assist in the
enforcement of the rule of law and the maintenance
of peace and order by settling justiciable
controversies with finality. [Gallardo-Corro v.
Gallardo, GR 136228, Jan. 30, 2001, 350 SCRA
568].
63. Doctrine of first sale. A doctrine in intel prop. law
wherein the owner of an intel. prop., such as a
patent, loses or exhausts all his rights to the goods
subject of the intel. prop. right after its 1st sale in
the market. Also Doctrine of exhaustion.
64. Doctrine of forgiveness. See Doctrine of
condonation.
65. Doctrine of forum non-conveniens. The forum is
inconvenient. Priv. Intl. Law. A rule designed to
deter the practice of global forum shopping,
[Coquia and Aguiling-Pangalangan, Conflicts of
Laws, pp. 40-41, 2000 Ed.] that is, to prevent non-
resident litigants from choosing the forum or place
wherein to bring their suit for malicious reasons,
such as to secure procedural advantages, to annoy
and harass the defendant, to avoid overcrowded
dockets, or to select a more friendly venue. Under
this doctrine, a court, in conflicts of law cases, may
refuse impositions on its jurisdiction where it is not
the most “convenient” or available forum and the
parties are not precluded from seeking remedies
elsewhere. [First Phil. Intl. Bank v. CA, GR 115849,
Jan. 24, 1996, 252 SCRA 259 ].
66. Doctrine of fraudulent title becoming the root of
valid title. Land Titles. The doctrine that a
fraudulent or forged document of sale may become
the root of a valid title if the certificate of title has
already been transferred from the name of the true
owner to the name of the forger or the name
indicated by the forger. [Rep. v. Agunoy, Sr., GR
155394, Feb. 17, 2005, 451 SCRA 735].
67. Doctrine of fraus et jus nunquam cohabitant. It
basically means that no one may enjoy the fruits of
fraud. [Acot v. Kempis, 55 OG 16, p. 2907 (1959)].
68. Doctrine of free enterprise. A doctrine holding that
a capitalist economy can regulate itself in a free
and competitive market through the relationship of
supply and demand with a min. intervention and
regulation from the state.
69. Doctrine of governmental immunity from suit. The
doctrine that no governmental body can be sued
unless it gives permission.
70. Doctrine of hierarchy of courts. Law. An
established policy that parties must observe the
hierarchy of courts before they can seek relief
directly from the SC. The rationale for this rule is
twofold: (a) it would be an imposition upon the
limited time of the SC; and (b) it would inevitably
result in a delay, intended or otherwise, in the
adjudication of cases, which in some instances,
had to be remanded or referred to the lower court
as the proper forum under the rules of procedure,
or as better equipped to resolve the issues bec. the
SC is not a trier of facts. [Heirs of Hinog v. Melicor,
GR 140954, 12 Apr. 2005, 455 SCRA 460].
71. Doctrine of holding out. The doctrine where the
principal will be estopped from denying the grant of
authority if 3rd parties have changed their positions
to their detriment in reliance on the representations
made. Also Doctrine of agency by estoppel.
72. Doctrine of hold-over. The doctrine under which a
public officer whose term has expired or services
have been terminated is allowed to continue
holding his office until his successor is appointed
or chosen and had qualified.
73. Doctrine of hot pursuit. Crim. Law. The doctrine
under which a warrantless arrest may be validly
effected when an offense has just been committed,
and the person arresting has probable cause to
believe, based on personal knowledge of facts or
circumstances, that the person to be arrested has
committed it.
74. Doctrine of immutability and inalterability of a final
judgment. Two-fold purpose: (a) To avoid delay in
the administration of justice and thus, procedurally,
to make orderly the discharge of judicial business;
and (b) to put an end to judicial controversies, at
the risk of occasional errors, which is precisely why
courts exist. [Mercury Drug Corp. v. Huang, GR
197654, Aug. 30, 2017, 838 SCRA 221].
75. Doctrine of immunity from suit. The doctrine the
application of which has been restricted to
sovereign or governmental activities [jure imperii].
The mantle of state immunity cannot be extended
to commercial, private and proprietary acts [jure
gestionis]. [JUSMAG v. NLRC, GR 108813, Dec.
15, 1994, 239 SCRA 224]. 2. The restrictive
application of State immunity is proper when the
proceedings arise out of commercial transactions
of the foreign sovereign, its commercial activities or
economic affairs. Stated differently, a State may be
said to have descended to the level of an individual
and thus can be deemed to have tacitly given its
consent to be used only when it enters into
business contracts. It does not apply where the
contract relates to the exercise of its sovereign
 functions. [USA v. Ruiz, GR L-35645, May 22,
1985, 136 SCRA 487].
76. Doctrine of immutability and inalterability of a final
judgment. The doctrine that has a two-fold
purpose: (a) to avoid delay in the administration of
justice and thus, procedurally, to make orderly the
discharge of judicial business and (b) to put an end
to judicial controversies, at the risk of occasional
errors, which is precisely why courts exist. [SSS v.
Isip, GR 165417, Apr. 3, 2007, 520 SCRA 310].
77. Doctrine of immutability and inalterability of a final
judgment. Exceptions: (a) The correction of clerical
errors; (b) the so-called nunc pro tunc entries that
cause no prejudice to any party; (c) void
judgments; and (d) whenever circumstances
transpire after the finality of the decision rendering
its execution unjust and inequitable. [Temic
Semiconductors, Inc. Employees Union (TSIEU)-
FFW v. Federation of Free Workers (FFW), GR
160993, May 20, 2008, 554 SCRA 122].
78. Doctrine of immutability of judgment. A
fundamental legal principle that a decision that has
acquired finality becomes immutable and
unalterable, and may no longer be modified in any
respect, even if the modification is meant to correct
erroneous conclusions of fact and law, and
whether it be made by the court that rendered it or
by the highest court of the land. The only
exceptions to the gen. rule on finality of judgments
are the so-called nunc pro tunc entries which cause
no prejudice to any party, void judgments, and
whenever circumstances transpire after the finality
of the decision which render its execution unjust
and inequitable. [Sacdalan v. CA, GR 128967, May
20, 2004, 428 SCRA 586].
79. Doctrine of implications. Con. That which is plainly
implied in the language of a statute is as much a
part of it as that which is expressed. [In Re:
McCulloch Dick, GR 13862, Apr. 16, 1918, 38 Phil.
41].
80. Doctrine of implied conspiracy. The doctrine under
which 2 or more persons participating in the
commission of a crime are held to be collectively
liable as co-conspirators, notwithstanding the
absence of any agreement to that effect, if they act
in concert, showing unity of crim. intent and a
common purpose.
81. Doctrine of implied municipal liability. The doctrine
that a municipality may become obligated upon an
implied contract to pay the reasonable value of the
benefits accepted or appropriated by it as to which
it has the gen. power to contract. [Prov. of Cebu v.
IAC, GR 72841, Jan. 29, 1987, 147 SCRA 447]. It
applies to all cases where money or property of a
party is received under such circumstances that
the gen. law, independent of an express contract,
implies an obligation to do justice with respect to
the same. [38 Am Jur. Sec. 515, p. 193].
82. Doctrine of implied trust. The doctrine enunciated
in Art. 1456 of the Civ. Code which provides that “if
property is acquired through mistake or fraud, the
person obtaining it is, by force of law, considered a
trustee of an implied trust for the benefit of the
person from whom the property comes.”
[Armamento v. Guerrero, GR L-34228, Feb. 21,
1980, 96 SCRA 178].
83. Doctrine of in pari delicto. Legal principle that if
2 parties in a dispute are equally at fault, then
the party in possession of the
contested property gets to retain it and
the courts will not interfere with the status quo. It
implies that if a party
whose action or failure to act precipitates breach
of a contract, or who fails to take appropriate
action or takes inappropriate action to limit
or recoup a loss, such party may not claim nor
be awarded
84. Doctrine of inappropriate provision. It deals with
item provisions in a budget bill that are to be treated
as items for the President’s veto power. [Dean
Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p.
133].
85. Doctrine of incidental recognition. The doctrine that
voluntary acknowledgment of a child may be done
incidentally in a pubic document; that a father’s
incidental mention of a child as his in a public
document executed by him deserves full faith and
credit. [Javelona v. Monteclaro, GR L-48464, Oct.
4, 1943].
86. Doctrine of incompatibility of public offices. Law. It
concerns a potential clash of 2 incompatible public
offices held by a single official. In other words, the
doctrine concerns a conflict bet. an individual’s
performance of potentially overlapping public
duties.
87. Doctrine of incomplete testimony. Rem. Law. The
doctrine holding that when cross-examination of a
witness cannot be done or completed due to
causes attributable to the party who offered the
witness, the incomplete testimony is rendered
incompetent and should be stricken from the
record.
88. Doctrine of incorporation. Law. The doctrine that
states that the rules of Intl. Law form part of the law
of the land and no legislative action is required to
make them applicable to a country. The Phils.
follows this doctrine, bec. Sec. 2. Art. II of the
Consti. states that the Phils. adopts the generally
accepted principles of intl. law as part of the law of
the land. Compare with Doctrine of transformation.
89. Doctrine of indefeasibility of torrens titles. A
certificate of title, once registered, should not
thereafter be impugned, altered, changed,
modified, enlarged or diminished except in a direct
proceeding permitted by law. [De Pedro v.
Romasan Devt. Corp., GR 158002, Feb. 28,
2005, 452 SCRA 564].
90. Doctrine of indelible allegiance. The doctrine that
an individual may be compelled to retain his orig.
nationality notwithstanding that he has already
renounced or forfeited it under the laws of the 2nd
state whose nationality he has acquired.
91. Doctrine of independence. Comml. Law. The
doctrine that the relationship of the buyer and the
bank is separate and distinct from the relationship
of the buyer and seller in the main contract such
that the bank is not required to investigate if the
contract underlying the letters of credit has been
fulfilled or not bec. in such transactions banks deal
only with documents and not goods (BPI v. De
Reny Fabric Industries, Inc., L--2481, Oct. 16,
1970). In effect, the buyer has no course of action
against the issuing bank. Also called
Independence principle. The exception to this
doctrine is the Fraud exception rule.
92. Doctrine of independently relevant statements.
Evid. The doctrine holding that only the fact that
statements were made is relevant, and the truth or
falsity thereof is immaterial, hence, such
statements are admissible in evidence, as an
exception to the hearsay rule.
93. Doctrine of individuality of subscription. A
subscription is 1 entire and indivisible whole
contract. It cannot be divided into portions. [Sec.
64, Corp. Code]. Also Doctrine of indivisibility of
subscription.
94. Doctrine of indivisibility of subscription. The
doctrine that a subscription contract is one, entire
and indivisible contract. It cannot be divided into
portions so that the stockholder shall not be entitled
to a certificate of stock until full payment of his
subscription together with interest, and expenses if
any is due. [SEC Opinion, Apr. 11, 1994]. Also
Doctrine of individuality of subscription.
95. Doctrine of informed consent. A duty imposed on a
doctor to explain the risks of recommended
procedures to a patient before a patient determines
whether or not he or she should go forward with the
procedure. Also called Informed consent doctrine.
96. Doctrine of inscrutable fault. The doctrine holding
that in case of a maritime collision where the vessel
at fault not known, each vessel shall suffer its own
losses and both shall be solidarily liable for loses
or damages on the cargo.
97. Doctrine of interlocking confessions. The doctrine
under which extra-judicial confessions
independently made without collusion which are
identical with each other in their essential details
and are corroborated by other evidence on record
are admissible, as circumstantial evidence, against
the person implicated to show the probability of the
latter’s actual participation in the commission of the
crime. [People v. Molleda, GR L-34248, Nov. 21,
1978, 86 SCRA 667].
98. Doctrine of inverse condemnation. It involves the
action to recover just compensation from the State
or its expropriating agency. It has the objective to
recover the value of property taken in fact by the
governmental defendant, even though no formal
exercise of the power of eminent domain has been
attempted by the taking agency. [Napocor v. Heirs
of Macabangkit Sangkay, GR 165828, Aug. 24,
2011, 656 SCRA 60].
99. Doctrine of isolated transactions. The doctrine that
foreign corps., even unlicensed ones, can sue or
be sued on a transaction or series of transactions
set apart from their common business in the sense
that there is no intention to engage in a progressive
pursuit of the purpose and object of business
transaction. [Eriks Pte. Ltd. v. CA, GR 118843,
Feb. 6, 1997, 267 SCRA 567].
100. Doctrine of judicial admissions. The well-
settled doctrine that judicial admissions cannot be
contradicted by the admitter who is the party
himself and binds the person who makes the same,
and absent any showing that this was made thru
palpable mistake, no amount of rationalization can
offset it. [Binarao v. Plus Builders, Inc., GR 154430,
June 16, 2006, 491 SCRA 49].
101. Doctrine of judicial estoppel. The doctrine that
when a party assumes a certain position in a legal
proceeding and succeeds in maintaining it, he may
not thereafter be permitted to assume a contrary
position just bec. his interests have changed.
102. Doctrine of judicial Rem. Law. The doctrine
holding that courts may take cognizance of matters
as true or existing without need of introduction of
evidence, or accept certain matters as facts even if
no proof of their existence is presented.
103. Doctrine of judicial stability. Rem. Law. 1. The
doctrine that no court can interfere by injunction
with the judgments or orders of another court of
concurrent jurisdiction having the power to grant
the relief sought by the injunction. [Cabili v.
Balindong, AM RTJ-10-2225, Sep. 6, 2011, 656
SCRA 747]. 2. An elementary principle in the
administration of justice where no court can
interfere by injunction with the judgments or orders
of another court of concurrent jurisdiction having
the power to grant the relief sought by the
injunction. [Go v. Villanueva, Jr., GR 154623, Mar.
13, 2009, 581 SCRA 126]. Also Doctrine of non-
interference.
104. Doctrine of judicial supremacy. The doctrine
recognizing that the judiciary is vested with the
power to annul the acts of either the legislative or
the exec. or of both when not conformable to the
fundamental law. [Assoc. of Small Landowners v.
Sec. of Agrarian Reform, GR 78742, July 14,
1989, 175 SCRA 343]. 2. The power of judicial
review under the Consti. [Angara v. Electoral
Commission, GR L-45081, July 15, 1936, 63 Phil.
139].
105. Doctrine of jus sanguinis. Right of blood. A
principle of nationality law by
 which citizenship is not determined by place of
birth but by having instead 1 or both parents who
are citizens of the state or more generally by having
state citizenship or membership to a nation
determined or conferred by ethnic, cultural or other
descent or origin.
106. Doctrine of jus soli. Right of the soil. The
doctrine recognizing the right of anyone born in
the territory of a state
to nationality or citizenship.
107. Doctrine of laches. A doctrine based upon
grounds of public policy which requires, for the
peace of society, the discouragement of stale
claims and is principally a question of the inequity
or unfairness of permitting a right or claim to be
enforced or asserted. [Tijam v. Sibonghanoy, GR
L-21450 Apr. 15, 1968, 23 SCRA 29]. 2. The time-
honored rule anchored on public policy that relief
will be denied to a litigant whose claim or demand
has become “stale”, or who has acquiesced for an
unreasonable length of time, or who has not been
vigilant or who has slept on his rights either by
negligence, folly or inattention. [Arradaza v. CA,
GR 50422, Feb. 8, 1989, 170 SCRA 12]. Also
Doctrine of stale demands.
108. Doctrine of lack of capacity to sue. The doctrine
of lack of capacity to sue based on failure to first
acquire a local license is based on considerations
of public policy. It was never intended to favor nor
insulate from suit unscrupulous establishments or
nationals in case of breach of valid obligations or
violations of legal rights of unsuspecting foreign
firms or entities simply bec. they are not licensed to
do business in the country. [Facilities Mngt. Corp.
v. De la Osa, GR L-38649, Mar. 26, 1979, 89
SCRA 131].
109. Doctrine of last clear chance. A doctrine in the
law of torts which states that the contributory
negligence of the party injured will not defeat the
claim for damages if it is shown that the defendant
might, by the exercise of reasonable care and
prudence, have avoided the consequences of the
negligence of the injured party. In such cases, the
person who had the last clear chance to avoid the
mishap is considered in law solely responsible for
the consequences thereof. [Ong v. Metropolitan
Water District, GR L-7664, Aug. 29, 1958, 104
Phil. 397]. Also Doctrine of discovered peril or
Humanitarian doctrine. Also called Last clear
chance doctrine.
110. Doctrine of legal entity of the separate
personality of the corporation. The doctrine that a
corp. may not be made to answer for acts and
liabilities of its stockholders or those of legal
entities to which it may be connected or vice versa.
[Palay, Inc. v. Clave, GR L-56076, Sep. 21,
1983, 124 SCRA 638].
111. Doctrine of let the buyer beware. A warning that
notifies a buyer that the goods he or she is buying
are “as is,” or subject to all defects.
The principle under which the buyer could not
recover damages from the seller for defects on
the property that rendered the property unfit for
ordinary purposes. The only exception was if the
seller actively concealed latent defects or
otherwise made material misrepresentations
amounting to fraud. Also Doctrine of caveat
emptor.
112. Doctrine of lex loci celebrationis. The doctrine
under which the law of the place where a contract
was made or celebrated, as in the case of a
marriage, shall govern.
113. Doctrine of lex loci delicti commissi. The
doctrine that the substantive rights and obligations
arising out of a tort controversy are determined by
the law of the place of injury or the lex loci delicti.
114. Doctrine of liberal construction of retirement
laws. Con. The doctrine that retirement laws are
liberally construed and administered in favor of the
persons intended to be benefited. All doubts as to
the intent of the law should be resolved in favor of
the retiree to achieve its humanitarian purposes.
[Borromeo v. CSC, GR 96032 July 31, 1991, 199
SCRA 911].
115. Doctrine of limited liability. The [doctrine that
the] ship agent shall also be civilly liable for the
indemnities in favor of 3rd persons which may arise
from the conduct of the captain in the care of the
goods which he loaded on the vessel; but he may
exempt himself therefrom by abandoning the
vessel with all the equipment and the freight it may
have earned during the voyage. [Art. 587, Code of
Commerce; Yangco v. Laserna, GR L-47447-
47449, Oct. 29, 1941, 73 Phil., 330]. Also called
Limited liability doctrine.
116. Doctrine of limited liability. Exceptions: (a)
Repairs and provisioning of the vessel before its
loss; [Art. 586, Code of Commerce]; (b) Ins.
proceeds. If the vessel is insured, the proceeds will
go to the persons entitled to claim from the
shipowner; [Vasquez v. CA, GR L-42926, Sep. 13,
1985, 138 SCRA 553]; (c) Workmen’s
Compensation cases (now Employees’
Compensation under the LC) [Oching v. San
Diego, GR 775, Dec. 17, 1946]; (d) When the
shipowner is guilty of fault or negligence; But if the
captain is the one who is guilty, the doctrine may
still be invoked, hence, abandonment is still an
option; (e) Private carrier; or (f) Voyage is not
maritime in character.
117. Doctrine of lis pendens. A pending suit. The
jurisdiction, power or control which a court acquires
over the property involved in a suit pending the
continuance of the action and until final judgment
thereunder.
118. Doctrine of logical relevance. Crim. Law. The
rule that allows a judge to draw a reasonable
inference from the appearance of an accused as
 his appearance is a material fact. The inference
should then be weighed in light of the other legally
relevant evidence. [Puno, J., Dissenting Op.,
People v. Tapales, GR 125808, Sep. 3, 1999, 313
SCRA 610].
119. Doctrine of loss of confidence. Labor.
Requisites: Loss of confidence should not be
simulated; (b) it should not be used as a subterfuge
for causes which are improper, illegal, or
unjustified; (c) it may not be arbitrarily asserted in
the face of overwhelming evidence to the contrary;
(d) it must be genuine, not a mere afterthought to
justify an earlier action taken in bad faith; and (e)
the employee involved holds a position of trust and
confidence. [Midas Touch Food Corp. v. NLRC,
GR 111639, July 29, 1996, 259 SCRA 652]. Also
called Loss of confidence doctrine.
120. Doctrine of loss of trust and confidence. Labor.
The doctrine that loss of trust and confidence, as a
just cause for termination of employment, is
premised on the fact that an employee concerned
holds a position where greater trust is placed by
management and from whom greater fidelity to
duty is correspondingly expected. [Wesleyan Univ.
Phils. v. Reyes, GR 208321, July 30, 2014]
121. Doctrine of majority rule. The rule that is almost
universally used as a mechanism for adjusting and
resolving conflicts and disagreements within the
group after the members have been given an
opportunity to be heard. While it does not efface
conflicts, nonetheless, once a decision on a
contentious matter is reached by a majority vote,
the dissenting minority is bound thereby so that the
board can speak with 1 voice, for those elected to
the governing board are deemed to implicitly
contract that the will of the majority shall govern in
matters within the authority of the board. [Velez v.
De Vera, AC 6697, BM 1227, AM 05-5-15-SC, July
25, 2006, 496 SCRA 345].
122. Doctrine of malicious prosecution. The doctrine
that pertains to persecution through the misuse or
abuse of judicial processes; or the institution and
pursuit of legal proceedings for the purpose of
harassing, annoying, vexing or injuring an innocent
person. [Villanueva v. UCPB, GR 138291, Mar. 7,
2000, 327 SCRA 391].
123. Doctrine of management prerogative. The
doctrine under which every employer has the
inherent right to regulate, acc. to his own discretion
and judgment, all aspects of employment, incl.
hiring, work assignments, working methods, the
time, place and manner of work, work supervision,
transfer of employees, lay-off of workers, and
discipline, dismissal, and recall of employees.
[Rural Bank of Cantilan, Inc. v. Julve, GR 169750,
Feb. 27, 2007, 517 SCRA 17].
124. Doctrine of mechanical equivalents. The
doctrine under which the patentee is pro-tected
from colorable invasions of his patent under the
guise of substitution of some part of his invention
by some well-known mechanical equivalent. It is an
infringement of the patent if the substitute performs
the same function and was well known at the date
of the patent as a proper substitute for the omitted
ingredient. [Gsell v. Yap-Jue, GR L-4720, Jan. 19,
1909, 12 Phil. 519].
125. Doctrine of mortgagee in good faith. The rule
that all persons dealing with property covered by a
Torrens Certificate of Title, as buyers or
mortgagees, are not required to go beyond what
appears on the face of the title. The public interest
in upholding the indefeasibility of a certificate of
title, as evidence of the lawful ownership of the land
or of any encumbrance thereon, protects a buyer
or mortgagee who, in good faith, relied upon what
appears on the face of the certificate of title. [Cavite
Devt. Bank v. Lim, GR 131679, 1 Feb. 2000, 324
SCRA 346].
126. Doctrine of multiple admissibility. Evid. The
doctrine that the evidence may either be
admissible for several purposes or not admissible
for 1 purpose but may be admitted for a diff.
purpose if it satisfies all the requirements of the
latter.
127. Doctrine of mutuality of remedy. A civil law
doctrine founded on the idea that 1 party should not
obtain from equity that which the other party could
not obtain.
128. Doctrine of necessary implication. Con. 1. The
doctrine that states that what is implied in a statute
is as much a part thereof as that which is
expressed. [Natl. Assoc. of Trade Unions-
Republic Planters Bank Supervisors Chapter v.
Torres, GR 93468, Dec. 29, 1994, 239 SCRA
546]. 2. The doctrine that every statutory grant of
power, right or privilege is deemed to include all
incidental power, right or privilege. [DENRv. United
Planners Consultants, Inc. (UPCI), GR 212081,
Feb. 23, 2015].
129. Doctrine of no – estafa – in – bouncing –
checks – issued – in – payment – of – pre-existing
– obligations. The doctrine that a check issued in
payment of a pre-existing obligation does not
constitute estafa even if there is no fund in the bank
to cover the amount of the check. [People v. Lilius,
59 Phil. 339 (1933)].
130. Doctrine of non-delegation. Law. The principle
that delegated powe0r constitutes not only a right
but a duty to be performed by the delegate through
the instrumentality of his own judgment and not
through the intervening mind of another.
131. Doctrine of non-delegation. Law. Exceptions to
this principle: (a) Delegation of tariff powers to the
Pres. under Sec. 28 (2) of Art. VI of the Consti.; (b)
Delegation of emergency powers to the Pres.
under Sec. 23(2) of Art. VI of the Consti.; (c)
Delegation to the people at large; (d) Delegation to
local govts.; and (e) Delegation to admin. bodies.
 [Abakada Guro Party List v. Ermita, GR 168056,
Sep. 1, 2005, 469 SCRA 14].
132. Doctrine of non-esopprl. The doctrine in
election law that there can be no estoppel from
questioning coerced or irregular returns despite
failure of the affected candidate to attend or be
represented at the canvassing or to file his
objections during the canvassing. This is based on
the fundamental premise in election cases that the
candidates-protagonists are mere incidents and
that the real party in interest is the electorate whose
true will must be determined without technicalities
and equivocations. [Guiao v. Comelec, GR L-
68056, July 5, 1985, 137 SCRA 356].
133. Doctrine of non-interference. Law. The doctrine
holding that the judgment of a court of competent
jurisdiction may not be opened, modified, or
vacated by any court of concurrent jurisdiction.
[Rep. v. Reyes, GR L-30263-5, Oct. 3, 1987, 155
SCRA 313]. Also Doctrine of judicial stability.
134. Doctrine of non-suability. The basic postulate
enshrined in the Consti. that “(t)he State may not
be sued without its consent,” which reflects nothing
less than a recognition of the sovereign character
of the State and an express affirmation of the
unwritten rule effectively insulating it from the
jurisdiction of courts. It is based on the very
essence of sovereignty. [DA v. NLRC, GR 104269,
Nov. 11, 1993, 227 SCRA 693].
135. Doctrine of operative fact. The doctrine that
nullifies the effects of an unconstl. law by
recognizing that the existence of a statute prior to
a determination of unconstitutionality is an
operative fact and may have consequences which
cannot always be ignored. The past cannot always
be erased by a new judicial declaration. It is
applicable when a declaration of unconstitutionality
will impose an undue burden on those who have
relied on the invalid law. [Planters Products, Inc. v.
Fertiphil Corp., GR 166006, 14 Mar. 2008, 548
SCRA 485]. Also called Operative fact doctrine.
136. Doctrine of ostensible agency. The doctrine
that imposes liability, not as the result of the reality
of a contractual relationship, but rather bec. of the
actions of a principal or an employer in somehow
misleading the public into believing that the
relationship or the authority exists. [Professional
Services, Inc. v. Agana, GR 126297, 126467 and
127590, Jan. 31, 2007, 513 SCRA 478]. See
Doctrine of ostensible authority.
137. Doctrine of ostensible authority. The doctrine
holding that if a corp. knowingly permits 1 of its
officers, or any other agent, to do acts within the
scope of an apparent authority, and thus holds him
out to the public as possessing power to do those
acts, the corp. will, as against any person who has
in good faith dealt with the corp. through such
agent, be estopped from denying his authority
[Prudential Bank v. CA, GR 108957, June 14,
1993, 223 SCRA 350]. Also Doctrine of apparent
authority.
138. Doctrine of outside appearance. The doctrine
that states that a corp. is bound by a contract
entered into by an officer who acts without, or in
excess of his actual authority, in favor of a person
who deals with him in good faith relying on such
apparent authority.
139. Doctrine of overbreadth. Law. [A]n exception to
the prohibition against 3rd-party standing, the
doctrine permitting a person to challenge a statute
on the ground that it violates the free speech rights
of 3rd parties not before the court, even though the
law is Constl. as applied to that defendant. In other
words, the overbreadth doctrine provides that:
“Given a case or controversy, a litigant whose own
activities are unprotected may nevertheless
challenge a statute by showing that it substantially
abridges the [free speech] rights of other parties
not before the court.” [Chemerinsky, Constl. Law,
p. 86, 2nd Ed. (2002)]. Compare with Doctrine of
void for vagueness.
140. Doctrine of parens patriae (father of his
country). The doctrine referring to the inherent
power and authority of the state to provide
protection of the person and property of a person
non sui juries. Under that doctrine, the state has
the sovereign power of guardianship over persons
under disability. Thus, the state is considered the
parens patriae of minors. [Govt. of the Phil. Islands.
v. Monte de Piedad, GR L-9959, Dec. 13, 1916, 35
Phil. 728].
141. Doctrine of pari delicto. The doctrine under
which no recovery can be made in favor of the
plaintiffs for being themselves guilty of violating the
law. [Ponce v. CA, GR L-49494 May 31, 1979, 90
SCRA 533].
142. Doctrine of part performance. An equitable
principle holding that where 1 party to an oral
contract has, in reliance thereon, so far performed
his part of the agreement that it would be
perpetuating a fraud upon him to allow the other
party to repudiate the contract and to set up the
statute of frauds in justification thereof, equity will
regard the case as being removed from the
operation of the statute and will enforce the
contract by decreeing specific performance of it, or
by granting other appropriate relief, such as
quieting title, establishing a resulting or a
constructive trust, enjoining interference with the
possession of property, or enjoining a conveyance
of property. [Shoemaker v. La Tondeña, Inc., GR
L-45667. May 9, 1939].
143. Doctrine of piercing the corporate veil. The
principle that the corporate mask may be removed
or the corporate veil pierced when the corp. is just
an alter ego of a person or of another corp. For
reasons of public policy and in the interest of
justice, the corporate veil will justifiably be impaled
 only when it becomes a shield for fraud, illegality or
inequity committed against 3rd persons. [PNB v.
Andrada Electric Eng’g. Co., 430 Phil. 882 (2002)].
144. Doctrine of piercing the corporate veil. Areas of
application: (a) defeat of public convenience as
when the corporate fiction is used as a vehicle for
the evasion of an existing obligation; (b) fraud
cases or when the corporate entity is used to justify
a wrong, protect fraud, or defend a crime; or (c)
alter ego cases, where a corp. is merely a farce
since it is a mere alter ego or business conduit of a
person, or where the corp. is so organized and
controlled and its affairs are so conducted as to
make it merely an instrumentality, agency, conduit
or adjunct of another corp. [PNB v.
HydroResources Contractors Corp, 706 Phil. 297
(2013)].
145. Doctrine of piercing the veil of corporate entity.
The doctrine under which the legal fiction that a
corp. is an entity with a juridical personality
separate and distinct from its members or
stockholders may be disregarded when valid
grounds therefore exist [and] in such cases, the
corp. will be considered as a mere assoc. of
persons. The members or stockholders of the corp.
will be considered as the corp., that is liability will
attach directly to the officers and stockholders.
[Indophil Textile Mill Workers Union-PTGWO v.
Calica, GR. 96490, Feb. 3, 1992, 205 SCRA 697].
The doctrine that applies when the corporate fiction
is used to defeat public convenience, justify wrong,
protect fraud, or defend crime, or when it is made
as a shield to confuse the legitimate issues, or
where a corp. is the mere alter ego or business
conduit of a person, or where the corp. is so
organized and controlled and its affairs are so
conducted as to make it merely an instrumentality,
agency, conduit or adjunct of another corp. [Umali
v. CA, GR 89561, Sep. 13, 1990, 189 SCRA 529].
146. Doctrine of piercing the veil of corporate fiction.
The doctrine that allows the State to disregard the
notion of separate personality of a corp. for
justifiable reason/s. This is an exception to the
Doctrine of separate corporate entity.
147. Doctrine of political question. The well-settled
doctrine that political questions are not within the
province of the judiciary, except to the extent that
power to deal with such questions has been
conferred upon the courts by express Constl. or
statutory provisions. [Tañada v. Cuenco, GR L-
10520, Feb. 28, 1957, 103 Phil. 1051].
148. Doctrine of preclusion of issues. The doctrine
un which issues actually and directly resolved in a
former suit cannot again be raised in any future
case bet. the same parties involving a diff. cause of
action. [Borlongan v. Buenaventura, GR 167234,
Feb. 27, 2006, 483 SCRA 405]. Also Doctrine of
collateral estoppel.
149. Doctrine of prejudicial question. The doctrine
that comes into play generally in a situation where
civil and crim. actions are pending and the issues
involved in both cases are similar or so closely
related that an issue must be preemptively
resolved in the civil case before the crim. action can
proceed. Thus, the existence of a prejudicial
question in a civil case is alleged in the crim. case
to cause the suspension of the latter pending final
determination of the former. [Quiambao v. Osorio,
GR L-48157, Mar. 16, 1988, 158 SCRA 674].
150. Doctrine of presumed-identity approach.
Where a foreign law is not pleaded or, even if
pleaded, is not proved, the presumption is that
foreign law is the same as ours. [EDI-Staffbuilders
Intl., Inc. v. NLRC, GR 145587, Oct. 26, 2007, 537
SCRA 409]. Also Doctrine of processual
presumption.
151. Doctrine of presumption of regularity in the
performance of official duty. The doctrine holding
that every public official, absent any showing of
bad faith and malice, is entitled to the presumption
regularity in the performance of official duties.
152. Doctrine of primacy of administrative remedies.
Rem. Law. The rule that before a party may seek
the intervention of the court, he should first avail of
all the means afforded him by admin. processes;
that the issues which admin. agencies are
authorized to decide should not be summarily
taken from them and submitted to a court without
first giving such admin. agency the opportunity to
dispose of the same after due deliberation. [Rep. v.
Lacap, GR 158253, Mar. 2, 2007, 517 SCRA 255].
153. Doctrine of primary jurisdiction. Law. The
doctrine that holds that if the case is such that its
determination requires the expertise, specialized
skills and knowledge of the proper admin. bodies
bec. technical matters or intricate questions of facts
are involved, then relief must first be obtained in an
admin. proceeding before a remedy will be
supplied by the courts even though the matter is
within the proper jurisdiction of a court. [Ind’l. Ent.,
Inc. v. CA, GR 88550, Apr. 18, 1990, 184 SCRA
426].
154. Doctrine of prior resort. A doctrine in admin. law
holding that when a claim originally cognizable in
the courts involves issues which, under a
regulatory scheme, are within the special
competence of an admin. agency, judicial
proceedings will be suspended pending the referral
of these issues to the admin. body for its view.
155. Doctrine of prior restraint. The doctrine
concerning official governmental restrictions on the
press or other forms of expression in advance of
actual publication or dissemination. [Bernas, The
1987 Consti. of the Rep. of the Phils., A
Commentary, 2003 ed., p. 225].
156. Doctrine of prior use. The principle that prior
use of a trademark by a person, even in the
 absence of a prior registration, will convert a claim
of legal appropriation by subsequent users.
157. Doctrine of privileged communication. The
doctrine that utterances made in the course of
judicial proceedings, incl. all kinds of pleadings,
petitions and motions, belong to the class of
communications that are absolutely privileged.
[Sison v. David, GR L-11268, Jan. 28, 1961, 1
SCRA 60]. 2. The doctrine that statements made
in the course of judicial proceedings are absolutely
privileged – that is, privileged regardless of
defamatory tenor and of the presence of malice –
if the same are relevant, pertinent, or material to
the cause in hand or subject of inquiry. [Tolentino
v. Baylosis, GR L-15742, Jan. 31, 1961, 1 SCRA
396].
158. Doctrine of privity of Doctrine that provides
that a contract cannot confer rights or impose
obligations arising under it on any person or agent
except the parties to it. The basic premise is that
only parties to contracts should be able to sue to
enforce their rights or claim damages as such.
159. Doctrine of pro reo. Law. The doctrine that
where the evidence on an issue of fact is in
question or there is doubt on which side the
evidence weighs, the doubt should be resolved in
favor of the accused. [Abarquez v. People, GR
150762, 20 Jan. 2006, 479 SCRA 225]. Also called
Pro reo doctrine.
160. Doctrine of processual presumption. The
doctrine holding that where a foreign law is not
pleaded or, even if pleaded, is not proved, the
presumption is that foreign law is the same as ours.
[Atci Overseas Corp. v. Echin, GR 178551, Oct. 11,
2010, 632 SCRA 528]. 2. The presumption that, in
the absence of anything to the contrary as to the
character of a foreign law, it is the same as the
domestic law on the same subject. [Lim v. Insular
Collector of Customs, GR 11759, Mar. 16,
1917, 36 Phil. 472]. Also Doctrine of presumed-
identity approach.
161. Doctrine of promissory estoppel. The doctrine
under which an estoppel may arise from the
making of a promise, even though without
consideration, if it was intended that the promise
should be relied upon and in fact it was relied upon,
and if a refusal to enforce it would be virtually to
sanction the perpetration of fraud or would result in
other injustice. In this respect, the reliance by the
promisee is generally evidenced by action or
forbearance on his part, and the Idea has been
expressed that such action or forbearance would
reasonably have been expected by the promisor.
Mere omission by the promisee to do whatever the
promisor promised to do has been held insufficient
‘forbearance’ to give rise to a promissory estoppel.’
[Ramos v. Central Bank of the Phils., GR L-29352,
Oct. 4, 1971, 41 SCRA 565].
162. Doctrine of proper submission. Law. All the
proposed amendments to the Consti. shall be
presented to the people for the ratification or
rejection at the same time, not piecemeal. 2.
Plebiscite may be held on the same day as regular
election provided the people are sufficiently
informed of the amendments to be voted upon, to
conscientiously deliberate thereon, to express their
will in a genuine manner. Submission of piece-
meal amendments is constitutional. All the
amendments must be submitted for ratification at 1
plebiscite only. The people have to be given a
proper frame of reference in arriving at their
decision. They have no idea yet of what the rest of
the amended Consti. would be. [Tolentino v.
Comelec, GR L-34150, Oct. 16, 1971, 41 SCRA
702].
163. Doctrine of protection against compulsory
disclosures. The doctrine that no person could be
compelled to testify against himself or to answer
any question which would have had a tendency to
expose his property to a forfeiture or to form a link
in a chain of evidence for that purpose, as well as
to incriminate him. [Cabal v. Kapunan, Jr., GR L-
19052, Dec. 29, 1962, 6 SCRA 1059].
164. Doctrine of proximate cause. The doctrine
stating that proximate legal cause is that acting first
and producing the injury, either immediately or by
settling other events in motion, all constituting a
natural and continuous chain of events, each
having a close causal connection with its
immediate predecessor, the final event in the chain
immediately affecting the injury as a natural and
probable result of the cause which first acted,
under such circumstances that the person
responsible for the 1st event should, as an
ordinarily prudent and intelligent person, have
reasonable ground to expect at the moment of his
act or default that an injury to some person might
probably result therefrom. [Vda. de Bataclan v.
Medina, GR L-10126, Oct. 22, 1957, 102 Phil.
181].
165. Doctrine of public policy. The doctrine under
which, as applied to the law of contracts, courts of
justice will not recognize or uphold a transaction
when its object, operation, or tendency is
calculated to be prejudicial to the public welfare, to
sound morality or to civic honesty. [Cui v. Arellano
Univ., GR L-15127, 30 May 1961, 2 SCRA 205].
166. Doctrine of purposeful hesitation. The doctrine
that charges every court, incl. the SC, with the duty
of a purposeful hesitation before declaring a law
unconstitutional, on the theory that the measure
was first carefully studied by the exec. and
legislative depts. and determined by them to be in
accordance with the fundamental law before it was
finally approved. [Drilon v. Lim, GR 112497, Aug.
4, 1994, 235 SCRA 135].
167. Doctrine of qualification. of Laws. The process
of deciding whether or not the facts relate to the
kind of question specified in a conflicts rule. The
purpose of characterization is to enable the court
of the forum to select the proper law. [Agpalo,
Conflict of Laws, p. 18].
168. Doctrine of qualified political agency. Law. The
doctrine that holds that, as the Pres. cannot be
expected to exercise his control powers all at the
same time and in person, he will have to delegate
some of them to his Cabinet members, who in turn
and by his authority, control the bureaus and other
offices under their respective jurisdictions in the
exec. dept. [Carpio v. Exec. Sec., GR 96409, Feb.
14, 1992, 206 SCRA 290].
169. Doctrine of quantum meruit. As much as one
deserves. The doctrine that prevents undue
enrichment based on the equitable postulate that it
is unjust for a person to retain benefit without
paying for it. [See Soler v. CA, GR 123892, 21 May
2001, 358 SCRA 57].
170. Doctrine of qui facit per alium. The doctrine
holding that, if in the nature of things, the master is
obliged to perform the duties by employing
servants, he is responsible for their acts in the
same way that he is responsible for his own acts.
See Doctrine of respondeat superior.
171. Doctrine of ratification in agency. The doctrine
pertaining to the adoption or confirmation by 1
person of an act performed on his behalf by
another without authority. The substance of the
doctrine is confirmation after conduct, amounting to
a substitute for a prior authority. [Manila Memorial
Park Cemetery, Inc. v. Linsangan, GR 151319,
Nov. 22, 2004, 443 SCRA 377].
172. Doctrine of rational equivalence. The
reasonable necessity of the means employed [to
repel the unlawful aggression] does not imply
material commensurability bet. the means of attack
and defense [but] [w]hat the law requires is rational
equivalence, in the consideration of which will enter
the principal factors of the emergency, the
imminent danger to which the person attacked is
exposed, and the instinct, more than the reason,
that moves or impels the defense, and the
proportionateness thereof does not depend upon
the harm done, but rests upon the imminent danger
of such injury. [People v. Gutual, GR 115233, Feb.
22, 1996, 254 SCRA 37].
173. Doctrine of relation back. A principle that
something done today will be treated as if it were
done earlier. This doctrine is applied under certain
circumstances. For example, a document held in
escrow and then delivered later will be treated as if
delivered when it was put into escrow. Also
Doctrine of relations back or Relation back
doctrine.
174. Doctrine of relations back. That principle of law
by which an act done at one time is considered by
a fiction of law to have been done at some
antecedent period. It is a doctrine that, although of
equitable origin, has a well-recognized application
to proceedings at law; a legal fiction invented to
promote the ends of justice or to prevent injustice
end the occurrence of injuries where otherwise
there would be no remedy. The doctrine, when
invoked, must have connection with actual fact,
must be based on some antecedent lawful rights.
[Allied Banking Corp. v. CA, GR 85868, Oct. 13,
1989, 178 SCRA 526]. Also Doctrine of relation
back or Relation back doctrine.
175. Doctrine of renvoi. Refer back. The process by
which a court adopts the rules of a foreign
jurisdiction with respect to any conflict of laws that
arises. In some instances, the rules of the foreign
state might refer the court back to the law of the
forum where the case is being heard.
176. Doctrine of res gestae. Things done. Doctrine
that is a recognized exception to the rule
against hearsay evidence based on the belief that,
bec. certain statements are made naturally,
spontaneously, and without deliberation during the
course of an event, they leave little room for
misunderstanding or misinterpretation upon
hearing by someone else, i.e., by the witness, who
will later repeat the statement to the court, and thus
the courts believe that such statements carry a
high degree of credibility.
177. Doctrine of res ipsa loquitur. The thing itself
speaks. A doctrine of law that one is presumed to
be negligent if he had exclusive control of whatever
caused the injury even though there is no specific
evidence of an act of negligence, and without
negligence the accident would not have happened.
178. Doctrine of res judicata. The doctrine that has
2 aspects. The 1st is the effect of a judgment as a
bar to the prosecution of a 2nd action upon the
same claim, demand or cause of action. The 2nd
aspect is that it precludes the relitigation of a
particular fact or issues in another action bet. the
same parties on a diff. claim or cause of action.
[Lopez v. Reyes, GR L-29498, Mar. 31, 1977, 76
SCRA 179].
179. Doctrine of res perit domino. The thing is lost to
the owner. The doctrine that states that when a
thing is lost or destroyed, it is lost to the person who
was the owner of it at the time.
180. Doctrine of residual jurisdiction. Rem. Law. The
doctrine that the residual jurisdiction of trial courts
is available at a stage in which the court is normally
deemed to have lost jurisdiction over the case or
the subject matter involved in the appeal. This
stage is reached upon the perfection of the appeals
by the parties or upon the approval of the records
on appeal, but prior to the transmittal of the orig.
records or the records on appeal. In either
instance, the trial court still retains its so-called
residual jurisdiction to: (a) issue protective orders;
 (b) approve compromises; (c) permit appeals of
indigent litigants; (d) order execution pending
appeal; and (e) allow the withdrawal of the appeal.
181. Doctrine of respect for administrative or
practical construction. The doctrine which the
courts apply by referring to several factors such as:
(a) the respect due the governmental agencies
charged with administration, their competence,
expertness, experience, and informed judgment
and the fact that they frequently are the drafters of
the law they interpret; (b) the fact that the agency
is the one on which the legislature must rely to
advise it as to the practical working out of the
statute; and (c) the practical application of the
statute presents the agency with unique
opportunity and experiences for discovering
deficiencies, inaccuracies, or improvements in the
statute. [Asturias v. Comm. of Customs, GR L-
19337, Sep. 30, 1969, 29 SCRA 617].
182. Doctrine of respondeat superior. Let the master
answer. A legal doctrine which states that, in
many circumstances, an employer is responsible
for the actions of employees performed within the
course of their employment.
183. Doctrine of restrictive foreign sovereign
immunity. The doctrine of intl. law under which a
State or State instrumentality is immune from the
jurisdiction of the courts of another State, except
with respect to claims arising out of activities of the
kind that may be carried on by private persons.
184. Doctrine of ripeness for judicial review. This
doctrine determines the point at which courts may
review admin. action. The basic principle of
ripeness is that the judicial machinery should be
conserved for problems which are real and present
or imminent and should not be squandered on
problems which are future, imaginary or remote.
[Mamba v. Lara, GR 165109, Dec. 14, 2009, 608
SCRA 149].
185. Doctrine of secondary meaning. The doctrine
that a word or phrase originally incapable of
exclusive appropriation with reference to an article
in the market, bec. geographical or otherwise
descriptive might nevertheless have been used so
long and so exclusively by 1 producer with
reference to this article that, in that trade and to that
group of the purchasing public, the word or phrase
has come to mean that the article was his produce.
[Ang v. Teodoro, GR L-48226, Dec. 14, 1942, 74
Phil., 50].
186. Doctrine of self-help. The doctrine enunciated
in Art. 429 of the Civ. Code which provides: “The
owner or lawful possessor of a thing has the right
to exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to
repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property.”
187. Doctrine of separability. The doctrine that
enunciates that an arbitration agreement is
independent of the main contract. The arbitration
agreement is to be treated as a separate
agreement and the arbitration agreement does not
automatically terminate when the contract of which
it is part comes to an end. [Gonzales v. Climax
Mining Ltd., GR 161957, Jan. 22, 2007, 512 SCRA
148]. Also called Doctrine of severability.
188. Doctrine of separate (legal) personality. A well-
settled doctrine both in law and in equity that as a
legal entity, a corp. has a personality distinct and
separate from its individual stockholders or
members. [Cruz v. Dalisay, AM R-181-P, July 31,
1987, 152 SCRA 482].
189. Doctrine of separate juridical personality. 1.
The doctrine which provides that a corp. has a legal
personality separate and distinct from that of
people comprising it. [Heirs of Tan Uy v. Intl.
Exchange Bank, 703 Phil. 477(2013)]. 2. The
doctrine by virtue of which stockholders of a corp.
enjoy the principle of limited liability: the corporate
debt is not the debt of the stockholder. [PNB v.
Hydro Resources Contractors Corp., 706 Phil. 297
(2013)].
190. Doctrine of separation of church and state. The
doctrine enshrined in Sec. 6, Art. II of the 1987 Phil.
which provides that: “The separation of Church and
State shall be inviolable.” The idea advocated by
this principle is to delineate the boundaries bet. the
2 institutions and thus avoid encroachments by one
against the other bec. of a misunderstanding of the
limits of their respective exclusive jurisdictions.
[Austria v. NLRC, GR 124382, 16 Aug. 1999, 312
SCRA 410].
191. Doctrine of separation of powers. A basic
postulate that forbids 1 branch of govt. to exercise
powers belonging to another coequal branch; or for
1 branch to interfere with the other’s performance
of its constitutionally-assigned functions. [Velasco,
Jr., concurring op., Neri v. Senate Committee on
Accountability of Public Officers and Investigations,
GR 180643, Mar. 25, 2008, 549 SCRA 77].
192. Doctrine of severability. Also called Doctrine of
separability.
193. Doctrine of shifting majority. For each House of
Congress to pass a bill, only the votes of the
majority of those present in the session, there
being a quorum, is required.
194. Doctrine of sole and exclusive competence of
the labor tribunal. The doctrine that recognizes the
Labor Arbiters’ exclusive jurisdiction to hear and
decide the ff. cases involving all workers, whether
agricultural or non-agricultural: (a) Unfair labor
practice cases; (b) Termination disputes; (c) If
accompanied with a claim for reinstatement, those
cases that workers may file involving wages, rate
of pay, hours of work and other terms and
conditions of employment; (e) Claims for actual,
 moral, exemplary and other forms of damages
arising from the employer-employee relations; (f)
Cases arising from any violation of Art. 264 of the
LC, incl. questions involving the legality of strikes
and lockouts; and (g) Except claims for employees
compensation, social security, medicare and
maternity benefits, all other claims arising from
employer-employee relations, incl. those of
persons in domestic or household service,
involving an amount exceeding P5,000.00,
whether or not accompanied with a claim for
reinstatement. [From Art. 217, LC].
195. Doctrine of sovereign immunity. The doctrine
expressly provided in Art. XVI of the 1987 Consti.,
viz: “Sec. 3. The State may not be sued without its
consent.” 2. The doctrine that holds that a
sovereign is exempt from suit, not bec. of any
formal conception or obsolete theory, but on the
logical and practical ground that there can be no
legal right as against the authority that makes the
law on which the right depends. Also Doctrine of
non-suability.
196. Doctrine of specialty. A principle of Intl. law
included in most extradition treaties whereby a
person who is extradited to a country to stand trial
for certain crim. offenses may be tried only for
those offenses and not for any other pre-extradition
offenses.
197. Doctrine of stale demands. 1. [A doctrine]
based upon grounds of public policy which
requires, for the peace of society, the
discouragement of stale claims and is principally a
question of the inequity or unfairness of permitting
a right or claim to be enforced or asserted. [Tijam
v. Sibonghanoy, GR L-21450, Apr. 15, 1968, 23
SCRA 29]. 2. The time-honored rule anchored on
public policy that relief will be denied to a litigant
whose claim or demand has become “stale”, or
who has acquiesced for an unreasonable length of
time, or who has not been vigilant or who has slept
on his rights either by negligence, folly or
inattention. [Arradaza v. CA, GR 50422, Feb. 8,
1989, 170 SCRA 12]. Also Doctrine of laches.
198. Doctrine of stare decisis. The doctrine that
enjoins adherence to judicial precedents. It
requires courts in a country to follow the rule
established in a decision of its Supreme Court.
That decision becomes a judicial precedent to be
followed in subsequent cases by all courts in the
land. [Phil. Guardians Brotherhood, Inc. (PGBI) v.
Comelec, GR 190529, Apr. 29, 2010, 619 SCRA
585]. Also Doctrine of adherence to judicial
precedents.
199. Doctrine of stare decisis. Instances when the
doctrine may be abandoned: (a) When adherence
to it would result in the govt.’s loss of its case; (b)
when the application of the doctrine would cause
great prejudice to a foreign national; and (c) when
it is necessary to promote the passage of a new
law.
200. Doctrine of stare decisis et non quieta movere.
To adhere to precedents and not to unsettle things
which are established. The doctrine that enjoins
adherence to judicial precedents. It requires courts
in a country to follow the rule established in a
decision of its Supreme Court. That decision
becomes a judicial precedent to be followed in
subsequent cases by all courts in the land. The
doctrine of stare decisis is based on the principle
that once a question of law has been examined and
decided, it should be deemed settled and closed to
further argument. [Fermin v. People, GR 157643,
Mar. 28, 2008, 550 SCRA 132].
201. Doctrine of state immunity from suit. 1. The
doctrine under which a state cannot be sued in the
courts of another State, without its consent or
waiver. [Jusmag Phils. v. NLRC, GR 108813, Dec.
15, 1994, 239 SCRA 224]. 2. The doctrine holding
that a sovereign is exempt from suit, not bec. of any
formal conception or obsolete theory, but on the
logical and practical ground that there can be no
legal right as against the authority that makes the
law on which the right depends. [Kawamanakoa v.
Polyblank, 205 US 353, 51 L. ed. 834]. Also called
Royal prerogative of dishonesty.
202. Doctrine of state responsibility to aliens. Law.
The doctrine that a state is under obligation to
make reparation to another state for the failure to
fulfill its primary obligation to afford; in accordance
with intl. law, the proper protection due to an alien
who is a national of the latter state. Also called
State responsibility doctrine.
203. Doctrine of statistical improbability. Law. The
doctrine that is applied only where the unique
uniformity of tally of all the votes cast in favor of all
the candidates belonging to 1 party and the
systematic blanking of all the candidates of all the
opposing parties appear in the election return.
[Sinsuat v. Pendatun, GR L-31501, June 30,
1970, 33 SCRA 630]. Also known as the
Lagumbay doctrine. [Lagumbay v. Comelec, GR L-
25444, Jan. 31, 1966, 16 SCRA 175].
204. Doctrine of stewardship. A doctrine under
which private property is supposed to be held by
the individual only as a trustee for the people in
general, who are its real owners. As a mere
steward, the individual must exercise his rights to
the property not for his own exclusive and selfish
benefit but for the good of the entire community or
nation. [Mataas na Lupa Tenants Assoc. v.
Dimayuga, GR L-32049, June 25, 1984, 130
SCRA 30].].
205. Doctrine of strained relations. The rule that
where reinstatement is not feasible, expedient or
practical, as where reinstatement would only
exacerbate the tension and strained relations bet.
the parties, or where the relationship bet. the
 employer and employee has been unduly strained
by reason of their irreconcilable differences,
particularly where the illegally dismissed employee
held a managerial or key position in the company,
it would be more prudent to order payment of
separation pay instead of reinstatement. [Quijano
v. Mercury Drug Corp., GR 126561, July 8,
1998, 292 SCRA 109].
206. Doctrine of strict compliance. 1. A settled rule
in commercial transactions involving letters of
credit (LCs) that the documents tendered must
strictly conform to the terms of the LC. The tender
of documents by the beneficiary (seller) must
include all documents required by the letter. A
correspondent bank which departs from what has
been stipulated under the letter of credit, as when
it accepts a faulty tender, acts on its own risks and
it may not thereafter be able to recover from the
buyer or the issuing bank, as the case may be, the
money thus paid to the beneficiary. [Feati Bank and
Trust Co. v. CA, GR 94209, Apr. 30, 1991, 196
SCRA 576]. 2. The doctrine in land registration
holding that in order to establish that the land
subject of the application is alienable and
disposable public land, all applications for orig.
registration under the Property Registration Decree
(PD 1529) must include both: (a) a CENRO or
PENRO certification; and (b) a certified true copy
of the orig. classification made by the DENR Sec.
[Rep. v. Vega, GR 177790. Jan. 17, 2011, 639
SCRA 541]. Also called Strict compliance doctrine.
207. Doctrine of subrogation. The principle that
covers a situation wherein an insurer who has paid
a loss under an insurance policy is entitled to all the
rights and remedies belonging to the insured
against a 3rd party with respect to any loss covered
by the policy. It contemplates full substitution such
that it places the party subrogated in the shoes of
the creditor, and he may use all means that the
creditor could employ to enforce payment. [Keppel
Cebu Shipyard, Inc. v. Pioneer Ins. and Surety
Corp., GR 180880-81 & 180896-97, Sep. 25,
2009, 601 SCRA 96].
208. Doctrine of substantial compliance. A rule in
land registration recognizing and affirming
applications for land registration on other
substantial and convincing evidence duly
presented, as an exception to the gen. rule on strict
compliance, where such applications are without
any opposition from the LRA or the DENR. [Rep. v.
Vega, GR 177790. Jan. 17, 2011, 639 SCRA 541].
209. Doctrine of supervening event. The doctrine
under which facts and events transpiring after the
judgment or order had become final and executory
[which circumstances] affect or change the
substance of the judgment and render its execution
inequitable would justify the suspension or
nullification of such final and executory judgment or
order.
210. Doctrine of successor-employer. Labor. 1. The
doctrine that rests on the in personam character of
employer-employee relationship. A 3rd party that
buys the business of the employer does not
become the new employer of the employees of the
latter. For this reason, it is totally insulated from the
liabilities of the latter in relation to its displaced
employees. 2. The doctrine holding that transfer or
absorption of employees from one company to
another, as successor employer, may be held as
valid as long as the transferor is not in bad faith and
the employees absorbed by a successor-employer
enjoy the continuity of their employment status and
their rights and privileges with their former
employer. Also called Successor-employer
doctrine.
211. Doctrine of supervening facts in double
jeopardy. The doctrine in crim. law that where, after
the 1st prosecution for a lesser crime, new facts
have supervened which, together with those
already in existence at the time of the 1st
prosecution, have made the offense graver and the
penalty 1st imposed legally inadequate, the
accused cannot be said to be in 2nd jeopardy if
indicted for the new offense. [Melo v. People, GR
L-3580, Mar. 22, 1950]. Also called the Melo
doctrine.
212. Doctrine of supervening negligence. The
doctrine to the effect that where both parties are
negligent, but the negligent act of one is
appreciably later in time than that of the other, or
when it is impossible to determine whose fault or
negligence should be attributed to the incident, the
party who had the last clear opportunity to avoid
the impending harm and failed to do so is
chargeable with the consequences thereof. [Picart
v. Smith, GR L-12219, Mar. 15, 1918, 37 Phil.
809]. 2. The doctrine holding that an antecedent
negligence of a person does not preclude the
recovery of damages for supervening negligence
of, or bar a defense against the liability sought by,
another if the latter, who had the last fair chance,
could have avoided the impending harm by the
exercise of due diligence. [Pantranco North
Express, Inc. v. Baesa, GR Nos. 79050-51, Nov.
14, 1989, 179 SCRA 384]. Also Doctrine of
discovered peril.
213. Doctrine of the law of the case. That principle
under which determination of questions of law will
generally be held to govern a case throughout all
its subsequent stages where such determination
has already been made on a prior appeal to a court
of last resort. It is “merely a rule of procedure and
does not go to the power of the court, and will not
be adhered to where its application will result in an
unjust decision.” It relates entirely to questions of
law, and is confined in its operation to subsequent
proceedings in the same case. [Villa v.
 Sandiganbayan, GR 87186, Apr. 24, 1992, 208
SCRA 283].
214. Doctrine of the mortgagee in good faith. The
doctrine applicable to a situation where, despite the
fact that the mortgagor is not the owner of the
mortgaged property, his title being fraudulent, the
mortgage contract and any foreclosure sale arising
therefrom are given effect by reason of public
policy. [Cavite Devt. Bank v. Lim, GR 131679, Feb.
1, 2000, 324 SCRA 346].
215. Doctrine of the proper law. of Laws. The
doctrine applied in the choice of law stage of
a lawsuit involving the conflict of laws. In a
conflicts lawsuit, 1 or more state laws will be
relevant to the decision-making process. If the laws
are the same, this will cause no problems, but if
there are substantive differences, the choice of
which law to apply will produce a diff.
judgment. Each state therefore produces a set of
rules to guide the choice of law, and 1 of the most
significant rules is that the law to be applied in any
given situation will be the proper law. This is the
law which seems to have the closest and most real
connection to the facts of the case, and so has the
best claim to be applied.
216. Doctrine of the real and hypothecary nature of
maritime law. Ins. The rule that a ship owner’s
liability is merely co-extensive with his interest in
the vessel, except where actual fault is attributable
to the shipowner. [Aboitiz Shipping Corp. v. CA,
GR 121833, Oct. 17, 2008, 569 SCRA 294].
217. Doctrine of the third group. The doctrine to the
effect that the right of the owner of the shares of
stock of a Phil. Corp. to transfer the same by
delivery of the certificate, whether it be regarded as
statutory on common law right, is limited and
restricted by the express provision that “no
transfer, however, shall be valid, except as bet. the
parties, until the transfer is entered and noted upon
the books of the corp.” [Uson v. Diosomito, GR L-
42135, June 17, 1935, 61 Phil., 535].
218. Doctrine of transformation. Intl. Law. The
doctrine which holds that the generally accepted
rules of intl. law are not per se binding upon the
State but must first be embodied in a legislation
enacted by the lawmaking body and only when so
transformed will they become binding upon the
State as part of its municipal law. [Cruz, Intl. Law,
2000]. Compare with Doctrine of incorporation.
219. Doctrine of ultimate consumption. Goods
intended for civilian use which may ultimately find
their way and be consumed by belligerent forces,
may be seized on the way. Also called Ultimate
consumption doctrine.
220. Doctrine of ultimate destination. The final
destination in the territory of an enemy or under its
control making goods contraband under the
doctrine of continuous voyage. Also called Ultimate
destination doctrine.
221. Doctrine of ultra vires. Beyond the powers. The
doctrine in the law of corps. that holds that if a corp.
enters into a contract that is beyond the scope of
its corporate powers, the contract is illegal.
222. Doctrine of unforeseen events. The doctrine
enunciated by Art. 1267 of the Civ. Code which is
not an absolute application of the principle of rebus
sic stantibus that would endanger the security of
contractual relations. [So v. Food Fest land,
Inc., GR 183628 & 183670, Apr. 7, 2010, 617
SCRA 541]. Art. 1267 provides: “When the service
has become so difficult as to be manifestly beyond
the contemplation of the parties, the obligor may
also be released therefrom, in whole or in part.
223. Doctrine of vagueness. An aspect of the due
process requirement of notice which holds that a
law is facially invalid if persons of “common
intelligence must necessarily guess as at its
meaning and differ as to its application.”
224. Doctrine of vicarious liability. A legal doctrine
that assigns liability for an injury to a person who
did not cause the injury but who has a particular
legal relationship to the person who did act
negligently. Also referred to as Imputed
225. Doctrine of virtual representation. See Doctrine
of class suit.
226. Doctrine of void for vagueness. Law. The
doctrine that is most commonly stated to the effect
that a statute establishing a crim. offense must
define the offense with sufficient definiteness that
persons of ordinary intelligence can understand
what conduct is prohibited by the statute. It can
only be invoked against that specie of legislation
that is utterly vague on its face, i.e., that which
cannot be clarified either by a saving clause or by
construction. [Estrada v. Sandiganbayan, GR.
148560, 19 Nov. 2001, 369 SCRA 394]. Compare
with Doctrine of overbreadth.
227. Doctrine of volenti non fit injuria. The doctrine
that self-inflicted injury or to the consent to injury
precludes the recovery of damages by the person
who has knowingly and voluntarily exposed himself
to danger, even if he is not negligent in doing so.
[Nikko Hotel Manila Garden v. Reyes, GR 154259,
Feb. 28, 2005, 452 SCRA 532].
228. Doctrine of waiver. A doctrine resting upon an
equitable principle which courts of law will
recognize, that a person, with full knowledge of the
facts shall not be permitted to act in a manner
inconsistent with his former position or conduct to
the injury of another, a rule of judicial policy, the
legal outgrowth of judicial abhorrence so to speak,
of a person’s taking inconsistent positions and
gaining advantages thereby through the aid of
courts. [Lopez v. Ochoa, GR L-7955, May 30,
1958, 103 Phil. 950].
229. Doctrine of waiver of double jeopardy. The
doctrine that holds that when the case is dismissed
with the express consent of the defendant, the
 dismissal will not be a bar to another prosecution
for the same offense; bec. his action in having the
case dismissed constitutes a waiver of his Constl.
right or privilege, for the reason that he thereby
prevents the court from proceeding to the trial on
the merits and rendering a judgment of conviction
against him. [People v. Salico, GR L-1567, Oct. 13,
1949, 84 Phil. 722].
230. Doctrine of willful blindness. A doctrine in
taxation that an individual or corp. can no longer
say that the errors on their tax returns are not their
responsibility or that it is the fault of the accountant
they hired.