in absentia

The RTC rendered its Decision in absentia  convicting the petitioner of the crime charged.

in flagrante delicto
The accused was in flagrante delicto of having carnal knowledge with the victim; thus, he was immediately arrested
by the police officer.

inter alia
While parties to an action may assert in one pleading, in the alternative or otherwise, as many causes of action as
they may have against an opposing party, such joinder of causes of action is subject to the condition, inter alia, that
the joinder shall not include special civil actions governed by special rules.

kangaroo court
The decision issued against the defendant is a nullity having emanated from a kangaroo court and the proceedings
are in violation of the due process clause.

mala fide
Those who acted in MALA FIDE in the performance of their obligation shall be liable for damages under the civil
code.

malum prohibitum
Carrying an unlicensed firearm is only a MALUM PROHIBITUM that cannot absorb the crime of murder in case the
firearm is used for killing.

Mittimus
A MITTIMUS is issued after a ten-day notice to the bondsman to surrender the convict on bail.

moot court
The questions raised by the other party in the MOOT COURT was vaguely answered.

motu proprio
The trial court issued an Order dismissing the complaint motu proprio on grounds of lack of jurisdiction.

Nemesis
He claims that it is incredible for an assailant with a gun to panic when his nemesis was tied at the feet.

nolle prosequi 
The prosecutor entered a "nolle prosequi with leave" after the first trial ended in a mistrial.

Nota Bene
As it was reported in the NOTA BENE, the liability of the defendant is on his failure in expressing the contract in
written form.

omnibus motion
The respondent filed an Omnibus Motion praying that he be allowed to present evidence to support his motion;
that his motion to quash be granted; and that the case be dismissed.
onus probandi
In criminal cases, the prosecution has the onus probandi of establishing the guilt of the accused.

pacta sunt servanda

With the virtue of PACTA SUNT SERVANDA, the obligor has performed his obligation with utmost diligence.

Panacea
The PANACEA lies on the stipulation of both parties whether to rescind or perform the obligation agreed between
them.

pari delicto
The oblige and the obligor are in PARI DELICTO, thus the contract in deemed to be void and is subject for rescission.

pari materia
In construing sundry statutes where they relate to the same thing, these established rules of law acts in PARI
MATERIA as if they are one law.

post mortem
Doctors conducts POST MORTEM examination to determine what causes the death of the victims.

prima facie
The presence of a written agreement between parties is a PRIMA FACIE evidence that there is a valid contract
between them.

pro tempore
During the pendency of action in the determination of parental custody of the children, the court PRO TEMPORE
issued a writ in favor of the innocent spouse for the custody thereof.

ratio decidendi
The ratio decidendi  of said decision is found in Canon 12 of the code of professional responsibility where the
counsel de parte was substantially liable in the delay in the speedy and efficient administration of justice.

Sans
There are no Delay sans the demand of the creditor judicially or extra judicially.

Scilicet
The induction will be held scilicet: Dream Wave Hotel, Ilagan City, Isabela, and the estimated time of arrival (ETA)
08:00 hours.

sine qua non

Demand is not a condition SINE QUA NON for the obligor to commit delay when time is of essence in the
performance of the obligation.

status quo
A writ of preliminary injunction is a provisional remedy which is adjunct to a main suit, as well as a preservative
remedy issued to maintain the status quo  of the things subject of the action or the relations between the parties
during the pendency of the suit.

Vice
Guardian ad litem takes place VICE the deceased parents of the victim.

LATIN MAXIMS
Absoluta Sententia Expositore Non Indiget Where the language of law is clear, no explanation
is necessary.
-The issue was easily resolved by the virtue of Absoluta Sententia Expositore Non Indiget.

Actore Non Probante Reus Absolvitur When the plaintiff does not prove his case, the
defendant is acquitted.
-The case was dismissed when the defendant invoked the latin maxim Actore Non Probante Reus
Absolvitur.

Actori Incumbit Onus Probandi The burden of proof rests with the plaintiff.
-In civil cases preponderance of evidence is essential and Actori Incumbit Onus Probandi.

Actus Legitimi Non Recipiunt Modum Where the manner of doing of an act is prescribed
by law, then the act must be done in that manner.
-The act done by the alleged suspect was within the purview of Actus Legitimi Non Recipiunt Modum.

Affirmanti, Non Neganti Incumbit Probatio The burden of proof is upon him who affirms, not
upon him who denies.
- The prosecution cannot draw the strength of the evidence from the defendant’s testimony applying
the maxim, Affirmanti, Non Neganti Incumbit Probatio.

Argumentum Ab Auctoritate Est Fortissimum An argument drawn from authority is the strongest In
Lege in law.
- When answering a question of law we should always rely on the latin maxim Argumentum Ab
Auctoritate Est Fortissimum.

A Verbis Legis Non Est Recendendum We should not depart from the words of a statute.
- In Statutory Construction, one of the most essential doctrine in construing a statute is the A Verbis
Legis Non Est Recendendum.

Cessante Ratione Legis, Cessat Et Ipsa Lex When the reason for the law ceases, the law itself
ceases.
- Under the leasehold system the prohibition against pre-threshing has no, more raison d'etre because
the lessee is obligated to pay a fixed rental as prescribed in section 34 of the Agricultural Land
Reform Code, or the Code of Agrarian Reforms, as redesignated in Republic Act No. 6389 which
took effect on September 10, 1971. Thus, the legal maxim, cessante ratione legis, cessat ipsa lex
(the reason for the law ceasing, the law itself also ceases). applies to this case.
Concordare Leges Legibus Est Optimus To interpret laws with other laws is the best method
Interpretandi Modus of interpreting them.
- In the oral arguments made by the petitioners and the Supreme Court, the petitioners fell short in
presenting legal basis for their stand. Their lack of legal research has caused them their defeat
Concordare Lege Legibus Est Optimus Interpretandi Modus.

Cujus Est Solum, Ejus Est Usque Ad Coelum The owner of land owns everything above it and
Et Ad Inferos also everything below it.
- I reaped the fruit of the mango tree that over hanged above our lot, but the tree is outside, invoking
Cujus Est Solum, Ejus Est Usque Ad Coelum.

Debet Esse Finis Litium There should be an end to litigation.

- In order to deliver justice efficiently, Debet Esse Finis Litium.

Delegata Potestas Non Potest Delegari A delegated power cannot be further delegated.
- The appointed Vice Mayor is being forced to lend her powers to her husband but Delegata Potestas
Non Potest Delegari.

Dura Lex Sed Lex The law is harsh but that is the law.
- He is the son of the president, but he killed his wife, he must pay for his crime after all Dura Lex
Sed Lex.

Enumeratio Unius Est Exclusio Alterius Enumeration exempts those not enumerated.
- The witness was asked to name all the perpetrators and Pedro’s name was not in the list therefore he
is acquitted by the virtue Enumeratio Unius Est Excusio Alterius.

Fatetur Facinus Qui Judicium Fugit He who escapes judgment confesses his guilt.
- Mr. A flew to another country after the incident and his act shows that Fatetur Facinus Qui Judicium
Fugit.

Fiat Justitia, Ruat Coelum Let justice be done, though the heavens fall.
- Maangas had done an unimaginable crime that even two of his lifetimes is not enough to equate the
damage, Fiat Justicia, Ruat Coelum.

Frustra Legis Auxilium Invocat (Quaerit) One who transgresses the law seeks in vain the help
Qui In Legem Committit of the law.
- The culprit went to the proper authority to extrajudicially confess his guilt hoping to exempt him
from his actions but Frustra Legis Auxilium Invocat (Quaerit) Qui In Legem Committit.

Ignorantia Legis Neminem Excusat Ignorance of law excuses no one.

- The law was passed two days before the crime was committed and the accused told the prosecution
that he was not aware of the law, the prosecution invoked Ignorantia Legis Neminem Excusat.

Inclusio Unius Est Exclusio Alterius The inclusion of one excludes the other.
- In the obligation to give, by express identification of the thing to be delivered will make the object
 to become specific, Inclusio Unius Est Exclusio Alterius.

Interest Reipublicae Ne Maleficia Remaneant It is in the interest of the State that crimes must not
Impunita go unpunished.
- The filing of a case under RA 9262 prescribes within 20 years a lengthy time in favor of the victim,
this manifests Interest Reipublicae Ne Maleficia Remaneant.
Lex Prospicit, Non Respicit The law looks forward, not backward.
- The retroactivity of laws divests the rights that are already vested hence the maxim Lex Prospicit,
Non Respicit applies in order not to deprive what was lawful.

Lex Punit Mendacium The Law punishes falsehood.

- The defense obviously fabricated the statements of their witness; thus, the court held the counsel
thereof for contempt, Lex Punit Mencandium.

Nemo Bis Punitur Pro Eodem Delicto No one can be punished twice for the same offense.
- Double jeopardy is unconstitutional, Nemo Bis Punitur Pro Eodem Delicto.

Nemo Cum Alterius Detrimento Locupletari No one shall be allowed to enrich himself at the
Potest expense of another.
- In a quasi-contract the latin maxim, Nemo Cum Aterius Detrimento Locupletari is observed that no
man shall be unjustly enriched at the expense of another.

Nemo Dare Potest Quod Non Habet No man can give that which he has not.
- If the defendant’s property is exhausted the court cannot compel him to perform, Nemo Dare Potest
Quod Non Habet.

Nemo Est Supra Leges No one is above the law.

- The judge was convicted with the crime of homicide through negligence, this is an example that
Nemo Est Supra Leges.

Nemo Jus Sibi Dicere Potest No one is entitled to take the law into his own
hands.
- Pastor sought to retaliate by pointing a gun on the head of his daughter’s killer, but desisted, Nemo
Jus Sibi Dicere Potest.

Nemo Tenetur Seipsum Accusare No person is bound to incriminate himself.

- James was instructed by the arresting officer his right to remain silent that Nemo Tenetur Sipsum
Accusare.

Pacta Dant Legem Contractui Agreements of the parties constitute the law of the
contract.
- Mere meeting of the minds of two persons gives birth to a contract and Pacta Dant Legem
Contractui.

Pacta Sunt Servanda Agreements of the parties must be observed.

- With the virtue of PACTA SUNT SERVANDA, the obligor has performed his obligation with utmost diligence.
 -

Qui Facit Per Alium Facit Per Se A principal is liable for the acts of his agent. /
The acts of an agent are the acts of the principal. /
He who acts by another, acts by himself.
- The employer of the bus driver who committed multiple homicide is also liable because his
obligation to implement rules for the drivers for the safety of the passengers should be always
exercised. The employer is liable for damages, Qui Facit Per Alium Facit Per Se.

Res Accessoria Sequitur Rem Principalem Accessory follows the principal.

- Jomar hid at his friend’s house and the authorities conduced intensive search and Jomar escaped.
The apprehending officers took Jomar’s friend in custody and a case is filed against the latter
because Res Accessoria Sequitur Rem Principalem.

Res Periit Domino The thing perishes with the owner.

- In obligation, the death of the obligor extinguishes his obligation, Res Periit Domino applies.

Stabit Praesumptio Donec Probetur In Contrarium A presumption stands until the contrary is proven.
- An accused is presumed innocent applying the maxim, Stabit Praesumptio Donec Probetur In
Contrarium.

Testis De Visu Praeponderat Aliis An eyewitness is preferred to others.

- Aside from evidence, the court acknowledge Testis De Visu Praeponderat Aliis in the presentation
of the prosecution.

Ubi Lex Non Distinguit, Nec Nos Distiguere Where the law does not distinguish, we should not
Debemus distinguish.
- The people should not criticize those aspiring public officers who are poor, Ubi Lex Non Distinguit,
Nec Nos Distiguere Debemus.

Vendens Eandem Rem Duobus Falsarium Est One is fraudulent who sells the same thing twice.
- Jomar is convicted with the crime of estafa for selling his motorcycle into two different persons
subsequently, Vedens Eandem Rem Duobus Falsarium Est.

Volenti Non Fit Injuria No injury is done to the consenting person.

- Maria was at the right age when Mario had carnal knowledge with her, the court ruled that no rape
was done to her applying Volenti Non Fit Injuria.

Voluntas In Delictis, Non Exitus Spectatur In crimes, it is the intention, and not the result,
which is looked into.
- Eric did not succeed in killing the victim, but he was still incriminated, Voluntas In Delictis, Non
Exitus Spectatur.

Vox populi, Vox Dei The voice of the people is the voice of God.
- Some say that the People Power is a Legitimate form of people’s exercise of democracy Vox populi,
Vox Dei.