LEGAL TERMS
1. Ad Litem noun Ad-lie-tem legal Latin meaning "for the
purposes of the legal action
only." Most often the term
applies to a parent who files a
lawsuit for his or her minor
child as "guardian at litem"
(guardian just for the
purposes of the lawsuit) or
for a person who is
incompetent.
2. Adoption noun Uh-daap-shn the taking of a child into
one's family, creating a
parent to child relationship,
and giving him or her all the
rights and privileges of one's
own child, including the right
to inherit as if the child were
the adopter's natural child.
3. Adoption Agency noun Uh-daap-shn An agency licensed by the
Ay-juhn-see state to prepare adoptive
parents, counsel birth
parents, perform home
studies, complete paperwork,
place children in homes, and
perform other adoption-
related functions.
4. Affidavit noun a-fuh-day- any written document in
vuht which the signer swears
under oath before a notary
public or someone authorized
SEC. 3. Consent to The guardian
adoption. There shall be ad litem 's
filed with the petition a only role is to
written consent to the represent the
adoption signed by the interest of the
child, if fourteen years child.
of age or over and not
incompetent, and by the
childs spouse, if any,
and by each of its
known living parents
who is not insane or
hopelessly intemperate
or has not abandoned
the child, or if there are
no such parents by the
general guardian or
guardian ad litem of
the child, or if the child
is in the custody of an
orphan asylum,
childrens home, or
benevolent society or
person, by the proper
officer or officers of
such asylum, home, or
society, or by such
persons; but if the child
is illegitimate and has
not been recognized, the
consent of its father to
the adoption shall not
be required.
On August 30, 1965, The
the Christensens committee
received custody of recommended
Scott James the adoption
Richardson, who was of new safety
then two days old. On procedures.
September 1, 1965,
they filed a petition for
adoption of the baby
Scott. Scott's natural
mother, prior to the
birth of the child, was
told of the Christensens'
deafness, their ages,
church associations,
economic
circumstances and
inability to have natural
children.
This case is not an A child was
agency adoption matter, put into
but, to the contrary, it adoption
is a direct placement by agency after
a parent of the child the disastrous
into the home of event of the
petitioners with full child's parent
knowledge of the facts. happened.
Section 226c, Civil
Code, provides in part:
"At the hearing, if the
court sustains the
recommendation that
the child be removed
from the home of
petitioners because the
agency has
recommended denial or
the petitioners desire to
withdraw the petition or
the court dismisses the
petition and does not
return him to his
parents, the court shall
commit the child to the
care of the State
Department of Social
Welfare or the licensed
county adoption
agency, whichever
agency made the
recommendation, for
that agency to arrange
adoptive placement or
to make a suitable plan.
In the affidavit of Ivan A former
Lawrence, counsel for employee of
petitioners and the
appellants, he states defendants
 LEGAL TERMS
to take oaths (like a County
Clerk), that the statements in
the document are true.
5. Alien noun Ay-lee-uhn a person who is not a citizen
of the country.
6. Appeal verb uh-peel to ask a higher court to
reverse the decision of a trial
court after final judgment or
other legal ruling. After the
lower court judgment is
entered into the record, the
losing party (appellant) must
file a notice of appeal, request
transcripts or other records
of the trial court.
7. Certiorari noun sersh-oh- a writ of a higher court to a
rare-ee lower court to send all the
documents in a case to it so
the higher court can review
the lower court's decision.
8. Civil adjective Si-vl that part of the law that
encompasses business,
contracts, estates, domestic
(family) relations, accidents,
negligence and everything
related to legal issues,
statutes and lawsuits, that is
not criminal law.
9. Civil Code noun Si-vl-kowd in many states, the name for
the collection of statutes and
laws which deal with
business and negligence
lawsuits and practices.
that only after the swore an
hearing of the case on affidavit
June 29, 1966, did he relating to his
see and read and learn claim against
of the contents of the the
letter of January 27, defendants
1966, which the judge for wrongful
wrote to the director of dismissal.
the bureau wherein the
judge stated, among
other things, "Again we
are confronted with a
problem of deaf-mutes
wanting to adopt a
child.
As already established, At this period
the adoption by an they
alien of the legitimate controlled
child of his/her Filipino more of the
spouse is valid and legal foreign and
based on Article 184(3) colonial trade
(b) of the Family Code than all the
and Section 7(b)(i), other alien
Article III of RA 8552. merchants in
Thus, contrary to the London put
RTC's sweeping together.
conclusion against
foreign adoption
decrees, the Court finds
that the adoption of
petitioner by Hayashi, if
proven as a fact, can be
judicially recognized in
the Philippines.
This is an appeal "from He decided to
the decree denying file an appeal
adoption entered July 5, against the
1966, and from the decision of
denial of both Motion the inland
for New Trial, and (in revenue.
the Alternative), Motion
to Vacate a Decree and
to Enter Another and
Different Decree denied
in Court July 19, 1966.
Before this Court is a The court will
petition for review on not issue a
certiorari1 taken under writ of
Rule 45 of the Rules of certiorari
Court seeking to nullify unless at
the Order2 dated May least four of
23, 2013 and Order3 the nine
dated July 1, 2013 of justices
the Regional Trial Court approve of it.
(RTC) of Marikina City.
WHEREFORE, finding For civil
the petition to be purposes, the
meritorious, the same is adopted shall
GRANTED. Henceforth, be deemed to
Stephanie Nathy be a
Astorga Garcia is legitimate
hereby freed from all child of the
obligations of obedience adopters and
and maintenance with both shall
respect to her natural acquire the
mother, and for civil reciprocal
purposes, shall rights and
henceforth be the obligations
petitioner's legitimate arising from
child and legal heir. the
Pursuant to Article 189 relationship
of the Family Code of of parent and
the Philippines, the child,
minor shall be known including the
as STEPHANIE NATHY right of the
CATINDIG. adopted to
use the
surname of
the adopters;
However, as correctly This custom
pointed out by the OSG, has been
the members of the recognized by
Civil Code and Family the Civil
Law Committees that Code and
drafted the Family Code Family Code.
recognized the Filipino
custom of adding the
surname of the child's
mother as his middle
name.
 LEGAL TERMS
10. Counsel noun Kown-sl a lawyer, attorney, attorney- The judge then His conviction
at-law, counsellor, indicated that he had was quashed
counsellor-at-law, solicitor, written a letter in in March
barrister, advocate or proctor January 1966, to the 1986 after his
(a lawyer in admiralty court), Bureau of Adoptions counsel
licensed to practice law with reference to the argued that
cause. The contents of the police
the letter were not evidence was
disclosed to petitioners a tissue of
or their counsel. lies.
11. Custody noun Kuh-stuh-dee holding property under one's Petitioner then left for The court
control. the United States where awarded/gran
he sought a divorce ted/gave
from Anna Marie before custody of
the Second Judicial the child to
District Court of the the father.
State of Nevada. Said
court issued the divorce
decree that also granted
sole custody of the
three minor children to
Anna Marie, reserving
rights of visitation at all
reasonable times and
places to petitioner.
12. In Rem adjective In-rem from Latin "against or about By definition, adoption The law on
a thing," referring to a lawsuit is "the process of the right in
or other legal action directed making a child, whether rem is an
toward property, rather than related or not to the important
toward a particular person. adopter, possess in part of the
general, the rights civil law.
accorded to a legitimate
child."33 It is a juridical
act, a proceeding in
rem which creates a
relationship that is
similar to that which
results from legitimate
paternity and filiation.
13. Jurisdiction noun Jr-uhs-dik- the authority given by law to But it has been The judges
shn a court to try cases and rule repeatedly held, and it have
on legal matters within a is now well-settled in appellate
particular geographic area this jurisdiction, that jurisdiction
and/or over certain types of when after judgment of cases civil
legal cases. has been rendered and and criminal
the latter has become coming up
final, facts and from the
circumstances transpire lower courts.
which render its
execution impossible or
unjust, the interested
party may ask the court
to modify or alter the
judgment to harmonize
the same with justice
and the facts (Molina
vs. De la Riva, 8 Phil.
569; Behn, Meyer & Co.
vs. McMicking, 11 Phil.
276; Warner, Barnes &
Co. vs. Jaucian, 13 Phil.
14. Jurisprudence noun Jur-uh-sproo- the entire subject of law, the The allegations of The general
dns study of law and legal abandonment in the principles of
questions. petition for adoption, law in the
even absent the written legal sense
consent of petitioner, are discussed
sufficiently vested the under
lower court with Jurisprudenc
jurisdiction since e.
abandonment of the
child by his natural
parents is one of the
circumstances under
which our statutes and
jurisprudence dispense
with the requirement of
written consent to the
adoption of their minor
children.
15. Lien noun leen any official claim or charge That the children of the The court
against property or funds for parties shall be entitled granted me a
payment of a debt or an to a monthly support of lien on my
amount owed for services ONE THOUSAND debtor's
rendered. PESOS (P1,000.00) property.
effective from the date
of the filing of the
complaint. This shall
constitute a first lien on
the net proceeds of the
house and lot jointly
 LEGAL TERMS
owned by the parties
situated at Cinco
Village, Mandaue City
16. Memorandum noun Meh-mr-an- a brief writing, note, In his I have
dm summary or outline. Memorandum, endorsed a
24 petitioner resolution on
claimed that: (1) your
the National memorandu
Statistics m and sent it
Office25 to the
Memorandum committee.
Circular No.
2007-00826
dated
September 24,
2007 which
establishes the
guidelines for
the registration
in the civil
registry of
foreign
judgments/order
s; includes
adoption in its
coverage; (2)
Rule 53 of
Administrative
Order No. 1,
Series of 1993,
27
issued by the
Office of the Civil
Registrar-
General (OCRG),
states that a
decree of
adoption issued
by a foreign
court is
acceptable for
registration
in the
Philippines and
can be issued
only in the Office
of the Civil
Registrar of
Manila; (3) Rule
9 of Circular No.
90-228 dated
lvfarch 28,
1990, also
issued by the
OCRG, allows a
decree of
adop{ion iss·ued
by a
foreign court to
be nccepted for
registration in
the Philippines;
and ( 4)
that the modern
trend is to
encourage
adoption and
that every
reasonable
intendment should be
sustained to promote
such objective.
17. Motion noun Mow-shn a request made by the loser A motion for a new trial The judge
for the case to be tried again and a motion to vacate denied a
on the basis that there were the judgment was motion to
significant legal errors in the made. Many affidavits delay the
way the trial was conducted were presented by hearing.
and/or the jury or the judge petitioners in support of
sitting without a jury the motions.
obviously came to an
incorrect result.
18. Nunc Pro Tunc adjective Noong-pro- Latin for "now for then," this The RTC of Marikina Nunc pro
toongk refers to changing back to an City found that its June tunc relief is
earlier date of an order, 27, 2006 Decision has warranted
judgment or filing of a long become final and with respect
document. executory, which made to Dundon
it immutable and Advisers‘
unalterable.17 It also retention.
ruled that none of the
three (3) exceptions to
the rule on the
 LEGAL TERMS
immutability of final
judgements was found
because there was (1)
no correction of clerical
errors, (2) no so-called
nunc pro tune entries,
and (3) no void
judgment to correct.
19. Obligation noun aa-bluh-gay- a legal duty to pay or do The petition bears the Since
shn something. signature of then 14- concordats
year-old Keith signifying are contracts
consent to his adoption. they give rise
Anna Marie likewise to that special
filed an affidavit of mutual
consent alleging that obligation
her husband had which results
evaded his legal from every
obligation to support agreement
his children; that her freely entered
brothers and sisters into; for a
including Ronald V. contract is
Clavano, had been binding on
helping her in taking both parties
care of the children; to it.
that because she would
be going to the United
States to attend to a
family business, leaving
the children would be a
problem and would
naturally hamper (her)
job-seeking venture
abroad; and that her
husband had long
forfeited his parental
rights over the children
for the following
reasons:
20. Pendente Lite Adjective pen-den-tay Latin for awaiting the Upon learning of her In family law,
lee-tay litigation (lawsuit). It is husbands alleged illicit temporary
applied to court orders (such liaison, Anna Marie filed orders can
as temporary child support) a petition for legal also be called
which are in effect until the separation with alimony "pendente
case is tried, or rights which pendente lite with the lite" relief and
cannot be enforced until the then Juvenile and may include
lawsuit is over. Domestic Relations grants of
Court of Cebu which temporary
rendered a decision alimony, child
approving the joint custody,
manifestation of the and/or
Cang spouses providing visitation.
that they agreed to live
separately and apart or
from bed and board.
21. Plaintiff noun playn-tuhf the party who initiates a Adoption of SCOTT A plaintiff
lawsuit by filing a complaint JAMES RICHARDSON, must reside
with the clerk of the court a Minor. WAYNE in the state
against the defendant(s) HARBRO one year
demanding damages, CHRISTENSEN et al., before filing
performance and/or court Plaintiffs and an application
determination of rights. Appellants, v. LOS for a divorce.
ANGELES COUNTY
BUREAU OF
ADOPTIONS, Defendant
and Respondent.
22. Proceeding noun Pruh-see- any legal filing, hearing, trial The natural mother Tom takes
duhng and/or judgment in the on- selected the judicial
going conduct of a lawsuit or Christensens from proceedings
criminal prosecution. among several against his
Collectively they are called prospective parents; she father.
"proceedings" as in "legal did not want the child.
proceedings." The child was conceived
in an illegal
relationship. Proper
written consents of the
father and of the
mother of Baby Scott to
the proposed adoption
by the Christensens
were made and
executed and were filed
in the proceedings.
23. Petition noun Puh-ti-shn a formal written request to a The decree denying the Repeated
court for an order of the petition, signed the next petitions to
court. It is distinguished from day, June 30, 1965, the queen for
a complaint in a lawsuit states that the "denial is assistance
which asks for damages specifically based on the produced at
and/or performance by the finding that the home first fair
opposing party. [251 Cal. App. 2d 224] words, and
of ... [petitioners] is not then no
 LEGAL TERMS
a normal home, and answer at all.
that the welfare of the
child will best be served
by the denial of the
petition.
24. Remanded verb Ruh-man- also known as pre-trial The case is thus Prisoners
duhd detention, preventive REMANDED to Branch were
detention, or provisional 273 of the RTC of remanded for
detention, is the process of Marikina City, which is further
detaining a person until their hereby directed to: (1) inquiries, bail
trial after they have been RECEIVE evidence being refused.
arrested and charged with an relevant to the
offence. duplicitous registration
of Karen's birth; (2)
DETERMINE the proper
OCR to enforce the
June 27, 2006 Decision;
and (3) CORRECT the
decision, if needed, only
as to the proper OCR to
enforce it.
25. Suit noun soot generic term for any filing of However, it alleged that He brought) a
a complaint (or petition) another suit or action $12 million
asking for legal redress by that will examine the libel suit
judicial action, often called a relevance of Karen's against the
"lawsuit." birth records in the newspaper,
OCR of Caloocan City is claiming his
in order. reputation
had been
damaged.
26. Supra adverb sooh-prah Latin for "above," in legal The courts of the The European
briefs and decisions it refers Philippines are bound Union
to the citation of a court to take judicial notice of established a
decision which has been the existence of the set of supra –
previously mentioned. diplomatic relations national
between our country education
and Japan pursuant to policy system
both Section 1 and of
Section 2, supra. constructing
European
integration.
27. Statute noun Sta-choot a federal or state written law Simply put, the Under the
enacted by the Congress or oppositor Herbert Cang royal
state legislature, respectively. has abandoned his government
children. And the Church of
abandonment of a child England was
by its (sic) parent is established,
commonly specified by the people
statute as a ground for acquired a
dispensing with his strong control
consent to its (sic) of their
adoption (Re Cozza, 163 branch of the
Cal. 514 P. 161, Ann. legislature,
[As. 1914A, 214]). and they were
governed
more by
statute law
and less by
executive
ordinance.
28. Testimony noun The-stuh- oral evidence given under After the testimony He was at all
mow-nee oath by a witness in answer was concluded and times
to questions posed by argument had, the addicted to
attorneys at trial or at a judge said, "Is this a lavish
deposition (questioning under normally happy home? hospitality,
oath outside of court). There is no question and according
about it, it is a happy to the
home, but is it a normal testimony of
home? I don't think the contemporari
Court could make a es was too
finding that it is a fond of
normal home when burgundy.
these poor unfortunate
people, they are
handicapped, and what
can they do in the way
of bringing this child up
to be the type of citizen
we all want him to be.
29. Warrant noun waw-ruhnt an order (writ) of a court Petitioner thus appealed I remembered
which directs a law to this Court, a judge had
enforcement officer (usually a contending that the tossed out a
sheriff) to arrest and bring a circumstances of this search
person before the judge, such case warrant a liberal warrant
as a person who is charged interpretation of Article obtained only
with a crime, convicted of a 335 of the new Civil on the basis
crime but failed to appear for Code. of our tip.
sentencing, owes a fine or is
in contempt of court.
 LEGAL TERMS
30. Witness noun Wit-nuhs a person who testifies under
oath in a trial (or a deposition
which may be used in a trial
if the witness is not available)
with first-hand or expert
evidence useful in a lawsuit.
31. Bigamy noun Bi-guh-mee It occurs when a person is
married to two people at the
same time.
32. Void Ab Initio adjective Voyd-ab-ee- A law, agreement, sale, or
nih-sho other action that is void has
no legal effect. An action that
is void ab initio never had
any legal effect. Ab initio is
usually italicized because it is
a Latin term that means from
the beginning.
33. Docket noun Daa-kuht Log containing the complete
history of each case in the
form of brief chronological
entries summarizing the
court proceedings.
34. Nullity noun Nuh-luh-tee Nullity is something such as
an agreement or decision
which no longer has legal
force.
35. Solemnized verb Sol-em-nize The formal requirement of the
performance of a marriage
ceremony and the
professional class that may
marry a couple.
36. Motu Proprio noun Mow-too It describes an official act
prow-pree-ow taken without a formal
request from another party.
The witness
was cross-
There was no cross- examined by
examination by counsel the
for the bureau of any prosecuting
witness nor was there counsel
one word of testimony
presented in opposition
to the granting of the
adoption petition, and
the judge then denied
the petition.
Fujiki and Marinay met Any
in Japan and they were individual
able to reestablish their who enters
relationship. In 2010, into a second
Fujiki helped Marinay or subsequent
obtain a judgment from marriage
a family court in Japan before the
which declared the first marriage
marriage between has been
Marinay and Maekara officially
void on the ground of dissolved
bigamy. commits
bigamy.
Fujiki prayed that the
Japanese Family Court
judgment be recognized;
that the bigamous
marriage between
Marinay and Maekara
be declared void ab
initio under Articles 35
and 41 of the Family
Code of the
Philippines;5 and for
the RTC to direct the
Local Civil Registrar of
Quezon City to annotate
the Japanese Family
Court judgment on the
Certificate of Marriage
between Marinay and
Maekara and to endorse
such annotation to the
Office of the
Administrator and Civil
Registrar General in the
National Statistics
Office (NSO).
A few days after the A docket is a
filing of the petition, the list of legal
RTC immediately issued cases that are
an Order dismissing the awaiting trial
petition and in a court of
withdrawing the case law.
from its active civil
docket.
Fujiki moved that the She got a
Order be reconsidered. nullity decree,
He argued that A.M. No. which
02-11-10-SC declared the
contemplated ordinary marriage null
civil actions for and void.
declaration of nullity
and annulment of
marriage.
The Civil Register Law Marriage is
imposes a duty on the primarily
"successful petitioner solemnized by
for divorce or agreement.
annulment of marriage
to send a copy of the
final decree of the court
to the local registrar of
the municipality where
the dissolved or
annulled marriage was
solemnized.
Fujiki cited Dacoycoy v. The Catholic
Intermediate Appellate Church's
Court19 which held secular
that the "trial court institutes
cannot pre-empt the were affirmed
defendant‘s prerogative and approved
to object to the by this motu
improper laying of the proprio.
venue by motu proprio
 LEGAL TERMS
dismissing the case.

37. Reiterated verb Re-it-er-ated To state or do over again or The trial court He reiterated
repeatedly sometimes with reiterated its two that faith
wearying effect. grounds for dismissal, must come
i.e. lack of personality before
to sue and improper knowledge.
venue under Sections
2(a) and 4 of A.M. No.
02-11-10-SC.

38. Nullify verb Nul-li-fy To deprive of effective or
continued existence. Nullify
implies counteracting
completely the force,
effectiveness, or value of
something.
The Court in Braza He has no
ruled that "[i]n a special authority to
proceeding for nullify rules.
correction of entry
under Rule 108
(Cancellation or
Correction of Entries in
the Original Registry),
the trial court has no
jurisdiction to nullify
marriages x x x

39. Sanctity noun Sanc-ti-ty The state or quality of being The subsequent The sanctity
holy, sacred, or saintly. marriage will always be of the
a reminder of the marriage was
infidelity of the spouse decreed by
and the disregard of the the priest.
prior marriage which
sanctity is protected by
the Constitution.

40. Tantamount adjective Tan-tuh- Equivalent in value, The interpretation of the His words
mownt significance, or effect a RTC is tantamount to tantamount
relationship tantamount to relitigating the case on to an
marriage. the merits. In Mijares v. admission of
Rañada,58 this Court wrongdoing.
explained that "if every
judgment of a foreign
court were reviewable
on the merits, the
plaintiff would be forced
back on his/her original
cause of action,
rendering immaterial
the previously
concluded litigation

41. Subsisting verb Suhb-si- A license that has not been If anyone can file a For MCA
stuhng suspended or revoked and criminal action which 1973 section
that has not expired. leads to the declaration 27 to apply
of nullity of a bigamous there must be
marriage, 78 there is a subsisting
more reason to confer marriage.
personality to sue on
the husband or the wife
of a subsisting
marriage.

42. Pendent Lite adverb Pen-den-tee Refers to temporary relief the Among these safeguards He cannot
lite Court can award to spouses are the requirement of prohibit the
while their divorce litigation proving the limited defendant
is pending. grounds for the from
dissolution of disposing of
marriage,83 support his assets
pendente lite of the pendente lite
spouses and just because
children,84 the he is
liquidation, partition concerned
and distribution of the that by the
properties of the time he
spouses,85 and the secures a
investigation of the judgment in
public prosecutor to his favor, the
determine collusion. defendant will
have no
assets against
which the
judgment
may be
enforced.
43. Petitioner noun Puh-ti-shuh- A person who presents a The marriage did not sit The Petitioner
nr petition to an authority in well with petitioner‘s is making a
respect of a particular cause. parents. Thus, Fujiki declaration
could not bring his wife under oath by
to Japan where he signing the
resides. Eventually, form.
they lost contact with
each other.

44. Annulment noun Uh-nuhl- Legal invalidation of a The RTC cited the Because she
muhnt marriage. Annulment following provisions of was pushed
 LEGAL TERMS
announces the invalidity of a the Rule on Declaration into saying 'I
marriage that was void from of Absolute Nullity of do,' the wife is
its inception. It is to be Void Marriages and seeking an
distinguished from Annulment of Voidable annulment
dissolution, which ends a Marriages (A.M. No. 02- and believes
valid marriage for special 11-10-SC): that her
reasons marriage
should be
declared null
and invalid.
45. Proceeding verb Pruh-see- It is sed in legal settings to A petition for The judge
duhng show something is recognition of foreign pronounced
happening, or moving judgment is a special him mentally
forward proceeding, which unstable
"seeks to establish a during the
status, a right or a legal
particular fact,"9 and proceedings.
not a civil action which
is "for the enforcement
or protection of a right,
or the prevention or
redress of a wrong.

46. Culpability noun ˌkəlpəˈbilədē responsibility for a fault or x x x Certainly, a The

wrong; blame. dishonest employee corporation
cannot be rewarded refused to
with separation pay or take
any financial benefit culpability
after his culpability is after the
established in two incident.
decisions by competent
labor tribunals, which
decisions appear to be
well-supported by
evidence.

47. Exemplary adjective iɡˈzemplərē (of a punishment) serving as The complaint prayed His attention
a warning or deterrent. that Capor be paid her to detail was
full backwages as well exemplary,
as moral and exemplary and his
damages. refences were
always
accurate.
48. Docketed Transitive däkət enter (a case or suit) onto a On April 5, 1999, a The case will
verb list of those due to be heard. Resolution3 was issued be heard by
finding probable cause the Supreme
for the crime charged. Court, and it
Consequently, an is docketed
Information was filed that it may be
against Capor docketed scheduled for
as Criminal Case No. the winter
207-58-MN. term.

49. Pilfered verb pilfər steal (typically things of In the proceedings Behind the
relatively little value). before the Labor bar,
Arbiter, Capor alleged employees
that she was unaware were
that her clutch bag pilfering.
contained the pilfered
canned products.

50. Appellate adjective əˈpelət of or relating to or taking Unimpressed, the The goal is to
account of appeals (usually appellate court affirmed place the
legal appeals); "appellate the NLRC's award of appellate
court" financial assistance to court in the
Capor. same position
as the first-
instance
court.
51. Merely adverb ˈmirlē just; only. It explained that the The knight
mandate laid down in pondered hoe
Philippine Long he could
Distance Telephone merely defeat
Company v. National the dragon as
Labor Relations a simple
Commission13 was not mortal.
absolute, but merely
directory.
Hence, this petition.

52. Acquitting verb əˈkwit free (someone) from a WHEREFORE, premises Despite his
criminal charge by a verdict considered, judgment is belief that the
of not guilty. hereby rendered defendant
acquitting Nenita Capor was guilty,
of the crime charged the judge was
against her in this case powerless to
on the ground of intervene
reasonable doubt with when the jury
costs de oficio. acquitted him
of all
charges.
 LEGAL TERMS
53. Malfeasant noun malˈfēz(ə)nt wrongdoing, especially by a Indeed, length of service Insinuations
public official. and a previously clean of
employment record malfeasance
cannot simply erase the or hypocrisy
gravity of the betrayal were spoken
exhibited by a in hushed
malfeasant employee. tones.

54. Acquittal noun əˈkwid(ə)l a judgment that a person is On the date that the After barely
not guilty of the crime with appellate court issued seventeen
which the person has been its Decision, Capor filed minutes, the
charged. a Manifestation14 jury returned
informing the CA of her an acquittal.
acquittal in the charge
of qualified theft.

55. Turpitude noun ˈtərpəˌt(y)ood depravity; wickedness. Petitioners further For his crimes
maintain that the ruling of turpitude,
in Philippine Long the felon was
Distance Telephone condemned to
Company v. National life in prison.
Labor Relations
Commission15
regarding the
disallowance of
separation pay for those
dismissed due to
serious misconduct or
moral turpitude is
mandatory.

56. Deposit Verb De-pah-ziht a claim of other entities on
the bank in cash, with or
without interest or
premium of any kind that is
to be repaid either on
demand or at a certain
period, depending on the
agreed conditions at the time
the deposit was placed
In the case of Mr. The payee
Santos, the deposit deposited the
slips prepared by the check with
accused indicated the petitioner
account number to be Union Bank
credited with the who credited
amount of each deposit the million
and the check used in pesos to the
withdrawing from the account of
deposits likewise carried Mr. Alvarez.
the account number to
be debited with the
amount of the check.
These ledgers were
prepared in duplicate,
and the bank sent the
duplicate to the
depositor after the end
of each month.
(THE PEOPLE OF THE
PHILIPPINES, plaintiff-
appellee,
Vs. FELIPE S.
TANJUTCO, G.R. No. L-
23924, April 29, 1968)

57. Amortization Noun am-er-tuh- The process of reducing debt On June 3, 1992, The
zey-shuhn through regular installment Gallardo filed a Borrowers
payments of principal and complaint with the and lenders
interest that will result in the Housing and Land Use use
payoff of a loan at its Regulatory Board amortization
maturity. (HLURB) against schedules for
Zamora Realty and installment
Development loans that
Corporation and/or have payoff
Ernesto Zamora, dates that are
assailing the notarial known at the
rescission of the time the loan
contract to sell.8 In his is taken out,
complaint, he averred such as a
that his suspension of mortgage or a
the amortization car loan.
payment was justified
by the non-development
of the subdivision
project.

58. Bankruptcy Noun Bang-kruhp- The legal proceedings by The case of Administratio
see which the affairs of a Development Bank of n over
bankrupt person are turned the Philippines vs. Hon. bankruptcy
over to a trustee or receiver Labor Arbiter Ariel C. cases is often
for administration under the Santos [G.R. Nos. handled by a
bankruptcy laws. 78261-62, March 8, trustee, an
1989] involving a group officer
of RMC employees appointed by
which sought to enforce the Trustee of
 LEGAL TERMS
its preference of credit the
Article 110 against DBP Department
over certain RMC real of Justice, to
properties. In that case, represent the
the Court laid down the debtor‘s
ruling that Article 110 estate in the
of the Labor Code, proceeding.
which cannot be viewed
in isolation of, and
must always be
reckoned with the
provisions of the Civil
Code on concurrence
and preference of
credits, may not be
invoked by employees or
workers of RMC like
private respondents
herein, in the absence
of a formal declaration
of bankruptcy or a
judicial liquidation
order of RMC.

59. Billing Error Noun Bil-ling ehr- A charge that appears on a Section 18. Complaint A charge for a
rer periodic statement associated on Billing Error or purchase you
with an extension of credit Discrepancy. – A credit did not make,
(e.g., credit card) that was not card issuer shall give a charge by a
authorized by the cardholder cardholders up to thirty person
or the cardholders' designee, (30) calendar days from unauthorized
is not properly identified, and statement date to report to use your
was not accepted by the any error or card, errors in
cardholder or the discrepancy in their the
cardholder's designee. billing statement. The calculation of
credit card issuer shall the finance
take action within ten charge, a
(10) business days from charge in an
receipt of such notice. amount you
did not
(REPUBLIC ACT No. authorize, or
10870) any number
of
irregularities
related to
your
purchase or
use due to
billing error.
60. Check Noun Chek A written order instructing a BATAS PAMBANSA The payor
financial institution to pay BLG. 22 writes the
immediately on demand a check and
specified amount of money AN ACT PENALIZING presents it to
from the check writer‘s THE MAKING OR the payee,
account to the person named DRAWING AND who then
on the check or, if a specific ISSUANCE OF A takes it to
person is not named, to CHECK WITHOUT their bank or
whoever bears the check to SUFFICIENT FUNDS other
the institution for payment. OR CREDIT AND FOR financial
OTHER PURPOSES. institution to
Section 1. Checks negotiate for
without sufficient cash or to
funds. - Any person deposit into
who makes or draws an account.
and issues any check to
apply on account or for
value, knowing at the
time of issue that he
does not have sufficient
funds in or credit with
the drawee bank for the
payment of such check
in full upon its
presentment, which
check is subsequently
dishonored by the
drawee bank for
insufficiency of funds or
credit or would have
been dishonored for the
same reason had not
the drawer, without any
valid reason, ordered
the bank to stop
payment, shall be
punished by
imprisonment of not
less than thirty days
but not more than one
(1) year or by a fine of
not less than but not
more than double the
 LEGAL TERMS
amount of the check
which fine shall in no
case exceed Two
Hundred Thousand
Pesos, or both such fine
and imprisonment at
the discretion of the
court.

61. Delinquency Noun Du-ling- A debt that was not paid On 3 January 1992, A borrower is
kwuhn-see when due. It means that you SEC Hearing Officer late or
are behind on payments. Manuel P. Perea overdue on a
Once you are delinquent for a rendered a decision in payment,
certain period of time (usually favor of VGCCI, stating such as
nine months for federal in the main that income taxes,
loans), your lender will "(c)onsidering that the a mortgage,
declare the loan to be in said share is an automobile
default. The entire loan delinquent, (VGCCI) had loan, or a
balance will become due at valid reason not to credit card
that time. transfer the share in the account. An
name of the petitioner account that‘s
in the books of (VGCCI) at least 30
until liquidation of days past due
is generally
delinquency." 15 considered to
Consequently, the case be
was dismissed. 16 delinquency.
(CHINA BANKING
CORPORATION,
petitioner,
Vs.COURT OF
APPEALS, and VALLEY
GOLF and COUNTRY
CLUB, INC., G.R. No.
117604 March 26,
1997)

62. Draft Noun Draft A signed, written order by June 28, 1920, at Only a bank
which one party (the drawer) which time a draft for may issue a
instructs another party (the the amount alleged bank draft,
drawee) to pay a specified drawn by ―Snow‘s Ltd.‖ while an
sum to a third party (the Against the defendants approved
payee), at sight or at a was presented to them institution,
specific date. Typical bank through the plaintiff as such as a
drafts are negotiable agent of ―Snow‘s, Ltd.‖ certified store,
instruments and are similar For acceptance. That post office, or
in many ways to checks. the delivery of the bill of bank, can
lading and other issue a money
documents relating to order. Since
the merchandise was money orders
refused by the plaintiff are often used
until the draft was to launder
accepted by the money, many
defendants, and that governments
delivery was contingent limit how
upon the acceptance of much money
the draft. can be
converted into
(ASIA Banking a money
corporation, vs. Ten Sen order.
Guan Y Sobrinos and
Yu Biao Sontua, G.R.
No. L-19397 February
16, 1923)

63. Fiduciary Noun Fuh-Doo- Undertaking to act as The law expressly An employee
Shee-Eh-ree executor, administrator, imposes upon the may have a
guardian, conservator, or banks a fiduciary duty fiduciary duty
trustee for a family trust, towards its clients19 to an
authorized trust, or and to treat in this employer.
testamentary trust, or regard the accounts of Employers
receiver or trustee in its depositors with have a right
bankruptcy. meticulous care. The to expect that
contract between the employees are
bank and its depositor acting in their
is governed by the best interests,
provisions of the Civil not sharing
Code on simple loan or trade secrets,
mutuum, with the bank using
as the debtor and the company
depositor as the equipment for
creditor.In light of private
these, banking purposes, or
institutions may be held stealing away
liable for damages for customers
failure to exercise the from a
diligence required of it competitor.
resulting to contractual
breach or where the act
or omission complained
of constitutes an
 LEGAL TERMS
64. Foreclosure Noun For-klow-zhr A legal process in which
property that is collateral or
security for a loan may be
sold to help repay the loan
when the loan is in default.
65. Forgery Noun For-ji-ree The fraudulent signing or
alteration of another‘s name
to an instrument such as a
deed, mortgage, or check. The
intent of the forgery is to
deceive or defraud.
66. Garnishment Noun Gar-nush- A legal process that allows a
muhnt creditor to remove funds from
your bank account to satisfy
a debt that you have not
paid. If you owe money to a
person or company, they can
obtain a court order directing
your bank to take money out
of your account to pay off
your debt.
actionable tort.
(CITYSTATE SAVINGS
BANK,
Vs. TERESITA TOBIAS
and SHELLIDIE
VALDEZ,March 7, 2018,
G.R. No. 227990)
The Spouses Dizon Lenders try to
defaulted in the work with
payment of their loan borrowers to
obligation. As of March get them
26, 1993, the Statement caught up on
of Foreclosure issued by payments and
the Bank showed that avoid
their outstanding foreclosure.
liability was
P143,049.54.7 On July
19, 1993 and August 4,
1993, they paid the
Bank P12,000.00 and
P10,000.00,
respectively.
(GE MONEY BANK, INC.
(Formerly KEPPEL
BANK PHILIPPINES,
INC.), vs. SPOUSES
VICTORINO M. DIZON
and ROSALINA L.
DIZON, March 23,
2015, G.R. No. 184301)
On the first issue, we In cases of
find that petitioner has bills of
no cause of action exchange,
against Manila Bank. To forgery may
be entitled to damages, pertain to the
petitioner has the signature of
burden of proving the drawer,
negligence on the part either with
of the bank for failure to acceptance by
detect the discrepancy the drawee or
in the signatures on the without
checks. It is incumbent acceptance
upon petitioner to but is paid by
establish the fact of the drawee,
forgery, i.e., by and forgery of
submitting his an
specimen signatures indorsement.
and comparing them
with those on the
questioned checks.
Curiously though,
petitioner failed to
submit additional
specimen signatures as
requested by the
National Bureau of
Investigation from
which to draw a
conclusive finding
regarding forgery.
(RAMON K. ILUSORIO,
vs. HON. COURT OF
APPEALS, and THE
MANILA BANKING
CORPORATION, G.R.
No.1, November, 2002)
The effect of the A court-
garnishment, therefore, ordered wage
was to require the garnishment
Philippine Trust requires
Company, holder of the employer to
funds of the Luzon withhold a
Surety Co., to set aside certain
said amount from the amount of
funds of the Luzon paycheck and
Surety Co., and keep send it to
the same subject to the your creditor.
final orders of the
Court. In the case at
bar there was never an
order to deliver the full
amount garnished to
the plaintiff-appellee; all
that was ordered to be
delivered after the
 LEGAL TERMS
judgment had become
final was the amount
found by the Court of
Appeals to be due. The
balance of the amount
garnished, therefore,
remained all the time in
the possession of the
bank as part of the
funds of the Luzon
Surety Co. although the
same could not be
disposed of by the
owner. (De la Rama vs.
Villarosa, et al., L-
17927, June 29, 1963,
8 SCRA 413, 418-419;
Emphasis supplied).

67. Lien Noun Leen Legal claim against a December 15, 1987 The bank files
property. Once the property passed, and the the
is sold, the lien holder is then Development Bank of documents
paid the amount that is the Philippines with the
owed. delivered to Clarges government
Realty Corporation the agency
owner‘s duplicate copy required to
of TCT No. 151178 with register the
the mortgage and tax lien. Upon the
liens still annotated on completion of
it. 18 Clarges Realty the process,
Corporation demanded the bank
a clean title from the becomes the
Development Bank of holder of the
the Philippines, but the collateral
bank failed to deliver a provided by
clean title. owner.
(DEVELOPMENT BANK
OF THE PHILIPPINES,
vs. CLARGES REALTY
CORPORATION, August
17, 2016, G.R. No.
170060)

68. Overdraft Noun Ow-ver-draft When the amount of money 29 August 1983. By 17 A debt is
withdrawn from a bank January 1984, PBP‘s incurred, with
account is greater than the overdraft with the CB an overdraft,
amount actually available in increased to P143.955 the bank
the account, the excess is million, an indication of effectively
known as an overdraft, and PBP‘s continuing automatically
the account is said to be inability to maintain lends the
overdrawn. that condition of amount
solvency and liquidity necessary to
necessary to protect the process the
interests of its transaction to
depositors and the account
creditors. Hence, on 20 holder, an
January 1984, on the amount that
basis of the report needs to be
submitted by the returned,
Supervision and along with
Examination Sector, possible fees.
Department I of the CB,
the Monetary Board
(MB), pursuant to its
authority under Section
28-A of R.A. No. 265
and by virtue of MB
Board Resolution No.
164, placed PBP under
conservatorship.
(CENTRAL BANK OF
THE PHILIPPINES and
HON. JOSE B.
FERNANDEZ, vs. HON.
COURT OF APPEALS,
RTC JUDGE TEOFILO
GUADIZ, JR.,
PRODUCERS BANK OF
THE PHILIPPINES and
PRODUCERS
PROPERTIES, INC.,
G.R. No. 92943, May 8,
1992)

69. Right Of Offset Rayt-of-ofset Banks‘ legal right to seize Pursuant to the A bank seize
funds that a guarantor or promissory note, the amount in
debtor may have on deposit respondent agreed to a customer‘s
to cover a loan in default. It is pay interest at the rate bank account
also known as the right of of 16.987% per annum. l right to
set-off. While it is conceded offset the
 LEGAL TERMS
that petitioner had the amount of an
right to offset the unpaid loan.
unpaid interests due it It is a useful
against the deposits of legal right
respondent, the issue of when a
whether it acted borrower goes
judiciously is an bankrupt,
entirely different since the
matter.29 As business creditor will
affected with public likely obtain
interest, and because of more asset
the nature of their value by
functions, banks are seizing assets
under obligation to treat than by
the accounts of their gaining a
depositors with lesser amount
meticulous care, always through the
having in mind the bankruptcy
fiduciary nature of their process.
relationship.
(METROPOLITAN BANK
AND TRUST COMPANY,
Petitioner,
Vs.LARRY MARIÑAS,
G.R. No. 179105, July
26, 2010)

70. Time Deposit Taym-duh- (also known as a term A time deposit, there is The bank
pa-zuht deposit) is a money deposit at no partial withdrawal. makes a profit
a bank that cannot be The term is by lending the
withdrawn for a certain preterminated and the funds held in
―term‖ or period of time. certificate of deposit is time deposit
When the term is over it can cancelled and accounts for a
be withdrawn, or it can be surrendered and the higher
held for another term. The entire amount is paid to interest rate
longer the term, the better the depositor. In the than the rate
the yield on the money. case of Savings Plus it pays on the
Generally, there are Deposit, however, there time deposits.
significant penalties for early is partial withdrawal, The bank may
withdrawal. which is posted in the also invest
passbook. The amount the money
withdrawn is paid to the from the time
depositor and the deposit in
passbook is returned to other
the depositor. In other securities that
words, the Savings Plus pay a higher
Deposit, contrary to the return than it
basis for assessment, is paying the
represents a continuing customer.
fund which is open to
deposits and
withdrawals anytime,
and therefore, falls
under the category of
certificates of deposit at
sight or on demand
which is exempt from
documentary stamp tax.
(CHINA BANKING
CORPORATION, vs THE
COMMISSIONER OF
INTERNAL REVENUE,
G.R. No.
172359, October
2, 2009)

71. Usury Noun Yoo-zhr-ee The act of lending money at On March 17, 1980, the Many states
an interest rate that is Usury Law was have started
considered unreasonably amended by restoring
high or that is higher than Presidential Decree protections
the rate permitted by law. (P.D.) No. 1684, giving against high
the CB-MB authority to cost lending
Charging an illegally high prescribe different to the extent
interest rate on a loan. maximum rates of permitted by
interest which may be preemption
imposed for a loan or principles.
renewal thereof or the Usury laws
forbearance of any protecting
money, goods or credits, consumers
provided that the from abusive
changes are effected lending
gradually and
announced in advance.
(ADVOCATES FOR
TRUTH IN LENDING,
INC. and EDUARDO B.
OLAGUER, vs. BANGKO
SENTRAL MONETARY
BOARD, represented by
 LEGAL TERMS
its Chairman,
GOVERNOR ARMANDO
M. TETANGCO, JR.,
and its incumbent
members: JUANITA D.
AMATONG, ALFREDO
C. ANTONIO, PETER FA
VILA, NELLY F.
VILLAFUERTE,
IGNACIO R. BUNYE and
CESAR V. PURISIMA,
G.R. No.
192986 Janua
ry 15, 2013)

72. Ledger Noun Leh-jer A book where journal entries
are made documenting
transactions or receipts and
disbursements of money or
property. A book of accounts
in which a trader enters the
names of all persons with
whom he has dealings; there
being two parallel columns in
each account, one for the
entries to the debit of the
person charged, the other for
his credits. Into this book are
posted the items from the day
book or journal.
One (1) deposit slip, A company
dated July 21, 1953 for that uses a
P13,283.07, Account double-entry
No. 2; although bookkeeping
unsigned by accused- method uses
appellant, this tallies the general
with an original deposit ledger method
slip retained by the of storing
Prudential Bank. The company
amount it covered was financial data.
duly credited for the
account of Roman R.
Santos, as per the bank
ledger, Exhibit Y-8.
( THE PEOPLE OF THE
PHILIPPINES, Vs.
FELIPE S. TANJUTCO,
G.R. No. L-23924, April
29, 1968)

73. Statement Of Noun Steyt-ment of The Bank‘s monthly or other Anna Marie is not Payments on
Account Akaw-nt periodic statement sent to the entitled to receive contracts
Cardholder showing $10,058.01 covered by under
particulars of the Current FXCTD No. 993902. architectural
Balance payable to the Bank. Based on the PNB‘s or engineering
The consolidated statement of records, Anna Marie supervision
account, or statement of pre-terminated FXCTD must be
account, issued by us every No. 993902 on March accompanied
month to you setting out 11, 2002, and used the by a
transactions of your deposit, together with Certificate of
Account(s). another deposit covered Payment and
by FXCTD No. 993914 Statement of
(for $8,111.35), to Account
purchase a foreign signed by the
demand draft (FX architect or
Demand Draft No. engineer and
4699831) payable to submitted to
Anna Rose/Angeles the Judicial
Gumabon. The PNB Purchasing
presented a facsimile Office for
copy of Anna Rose‘s approval.
Statement of Account
(SOA) from the PNB
Bank to prove that the
amount covered by
FXCTD No. 993902 was
already paid.
(ANNA MARIE L.
GUMABON, Vs.
PHILIPPINE NATIONAL
BANK,
July 25, 2016,G.R. No.
202514)

74. Insurance Noun In-shur-ans A contract, represented by a The Spouses Briones A fast-food
policy, in which an individual executed a promissory restaurant
or entity receives financial note with chattel needs an
protection or reimbursement mortgage that required insurance
against losses from an them to take out an policy that
insurance company. The insurance policy on the covers
company pools clients‘ risks vehicle.8 The damage or
to make payments more promissory note also injury that
affordable for the insured. gave iBank, as the occurs as a
Spouses Briones‘ result of
attomey-infact, cooking with
irrevocable authority to a deep fryer.
file an insurance claim An auto
 LEGAL TERMS
in case of loss or dealer is not
damage to the vehicle.9 subject to this
The insurance proceeds type of risk
were to be made but does
payable to iBank. require
coverage for
damage or
injury that
could occur
during test
drives.
75. Collateral Adjective Kuh-la-te-ral An item of value that a lender On June 19, 1996, The lender
can seize from a borrower if Agbisit executed her can seize the
he or she fails to repay a loan own Special Power of collateral and
according to the agreed Attorney, 8 appointing sell it,
terms. One common example Milflores Cooperative as applying the
is when you take out a attorney-in-fact in money it gets
mortgage. Normally, the bank obtaining a loan from to the unpaid
will ask you to provide your and executing a real portion of the
home as collateral. mortgage in favor of loan. The
Land Bank of the lender can
Philippines (Land choose to
Bank). On June 21, pursue legal
1996, Milflores action against
Cooperative, in a the borrower
representative capacity, to recoup any
executed a Real Estate balance
Mortgage9 in favor of remaining.
Land Bank in
consideration of the
₱3,000,000 loan to be
extended by the latter.
On June 24, 1996,
Milflores Cooperative
also executed a Deed of
Assignment of the
Produce/Inventory 10
as additional collateral
for the loan.
(SPOUSES MAY S.
VILLALUZ and JOHNNY
VILLALUZ, JR., vs.
LAND BANK OF THE
PHILIPPINES and the
REGISTER OF DEEDS
FOR DAVAO CITY,
January 18, 2017, G.R.
No. 192602)

76. Loan Noun Lown A form of debt incurred by an On April 20, 1992, When
individual or other entity. The petitioners filed a someone
lender usually a corporation, complaint for needs money,
financial institution, or annulment of mortgage, they apply for
government advances a sum deeds, injunction, a loan from a
of money to the borrower. In preliminary injunction, bank,
return, the borrower agrees temporary restraining corporation,
to a certain set of terms order and damages government,
including any finance claiming, among others, or other
charges, interest, repayment that: (1) the entity. The
date, and other conditions. ₱300,000.00 loan borrower may
obligation should have be required to
been considered paid, provide
because the time specific
deposit with the same details such
amount under as the reason
Certificate of Time for the loan,
Deposit No. 284051 had their financial
already been history, Social
Security
(SPOUSES Number
FLORENTINO T. (SSN), and
MALLARI and AUREA V. other
MALLARI, vs. information.
PRUDENTIAL BANK, The lender
G.R. No. reviews the
197861 ,June 5, information to
2013) see if the loan
can be paid
back.

77. Interest Noun In-tr-est The monetary charge for the In its Complaint, Lender or
privilege of borrowing money, respondent BPI financial
typically expressed as an originally imposed the institution
annual percentage rate (APR). interest and penalty receives
Interest is the amount of charges at the rate of interest for
money a lender or financial 9.25% per month or lending out
institution receives for 111% per annum. This money. It can
lending out money. Interest was declared as also refer to
can also refer to the amount unconscionable by the the amount of
 LEGAL TERMS
of ownership a stockholder
has in a company, usually
expressed as a percentage.
lower courts for being ownership a
clearly excessive, and stockholder
was thus reduced to 2% has in a
per month or 24% per company,
annum. On appeal, the usually
CA modified the rate of expressed as
interest and penalty a percentage.
charge and increased
them to 3% per month
or 36% per annum
based on the Terms and
Conditions Governing
the Issuance and Use of
the BPI Credit Card,
which governs the
transaction between
petitioner Macalinao
and respondent BPI.
(ILEANA DR.
MACALINAO, vs.
BANK OF THE
PHILIPPINE ISLANDS,
G.R. No.
175490 Septe
mber 17, 2009)

78. Audit Noun o-dət The examination of accounts Sometime in 2001, verification
of the organization to ensure Siam Bank conducted activity, such
correctness, legality business an audit investigation of as inspection
underwent by the its loan transactions for or
organization in the respective the period December 1, examination,
year. Bank audit can be 2000 to June 15, 2001, of a process
conducted by the internal or and thereby found out or quality
external agencies known as that fraud and certain system, to
the auditors. And such audits irregularities attended ensure
are later approved/certify by the same. Specifically, it compliance to
the Company Accountant. discovered the non- requirements
remittance of some loan requires an
payments received from audit. An
its clients based on the audit can
provisional receipts apply to an
issued by its account entire
officers, as well as the organization
daily collection reports or might be
corresponding to the specific to a
said provisional function,
receipts.6 Based on the process, or
audit, 853 provisional production
receipts in the aggregate step.
amount of ₱470,768.00
were issued by
Benabaye but were
unreported, and, more
significantly, the
corresponding
payments were
unremitted based on
the daily collection
reports on file.
(CHERRY ANN M.
BENABAYE,
vs. PEOPLE OF THE
PHILIPPINES, G.R. No.
203466 Febru
ary 25, 2015)

79. Promissory Note Noun Pro-mi-sori A debt instrument that On the same day, Private
nowt contains a written promise by Citimotors, Inc. lenders
one party (the note‘s issuer or assigned all its rights, typically
maker) to pay another party title and interests in the require
(the note‘s payee) a definite Promissory Note with students to
sum of money, either on- Chattel Mortgage to sign
demand or at a specified ABN AMRO Savings promissory
future date. A promissory Bank, Inc. (ABN AMRO), notes for each
note typically contains all the which, on May 31, separate loan
terms pertaining to the 2002, likewise assigned that they take
indebtedness, such as the the same to respondent out. Some
principal amount, interest BPI Family Savings schools,
rate, maturity date, date and Bank, Inc. For failure to however,
place of issuance, and pay four successive allow federal
issuer‘s signature. installments from May student loan
15, 2002 to August 15, borrowers to
2002, respondent, sign a one-
through counsel, sent time, master
to petitioners a demand promissory
letter dated August 29, note.
2002, declaring the
 LEGAL TERMS
entire obligation as due
and demandable and
requiring to pay
Php576,664.04, or
surrender the
mortgaged vehicle
immediately upon
receiving the letter.
(SPOUSES DEO AGNER
and MARICON AGNER,
Petitioners,
vs. BPI FAMILY
SAVINGS BANK,
INC.,G.R. No.
182963 June
3, 2013)

80. Float Flowt The amount of uncollected ―(1) shall be undertaken The firm was
funds represented by checks by the Government writing
in the possession of one bank itself, in which case he checks on
but drawn on other banks. is authorized to money it did
The time that elapses contract loans and/or not have to
between the day a check is float bonds in such profit from
deposited and the day it is amounts as he may the float in
presented for payment to the deem necessary and effect, getting
financial institution on which adequate to carry out millions in
it is drawn. effectively the loans from
undertakings the banks
contemplated in this without the
Act, but not exceeding banks‘
two hundred million knowledge
pesos, after and without
consultation with the paying fees or
Monetary Board of the interest. It
Central Bank and upon was, in
recommendation of the essence, a
National Council floating
scheme.
(REPUBLIC ACT No.
2077
AN ACT TO AMEND
SECTIONS TWO,
THREE, FIVE, SIX AND
EIGHT OF REPUBLIC
ACT NUMBERED ONE
THOUSAND EIGHT
HUNDRED TWENTY-
EIGHT)

81. Frozen Account Noun Fro-zn Akaw- An account on which funds ―Frozen Bank Accounts An individual
nt may not be withdrawn until a and other assets of is found to be
lien is satisfied and a court Rodolfo Arambulo‖ and complice in a
order or other legal process ―And all other assets of certain
makes the account available all the defendants crimes, it will
for withdrawal. The bank will sequestered and/or be resulting
freeze the account to preserve frozen by the to frozen
the existing funds until legal Commission pursuant account,
action can determine the to Executive Order Nos. potentially
lawful owner. 1 and 2.‖ The Piedras including
shares, including those those held
of Arambulo were jointly with
among those spouses and
sequestered by the business
PCGG on July 23, 1987, partners. An
thus making them a account may
matter subject of the also be frozen
said case against by a bank or
Benedicto. a court of law
if the owner is
(PRESIDENTIAL suspected of
COMMISSION ON illegal activity.
GOOD GOVERNMENT, Account
vs. holders may
SANDIGANBAYAN request that
(Second Division) and the bank or
RODOLFO ARAMBULO institution
(deceased), substituted freeze their
by Ronald L. Arambulo, accounts.
G.R. No.
157592 Octobe
r 17, 2008)

82. Lender Noun Len-der An individual or financial On October 15, 2001, Small-
institution that lends money one (1) day before the business
with the expectation that the auction date, the owners prove
 LEGAL TERMS
money will be returned with Bureau of Treasury their ability
interest. issued the Auction for loan
Guidelines for the 10- repayment by
year Zero-Coupon providing
Treasury Bond to be lenders both
Issued on October 16, personal and
2001 (Auction business
Guidelines).8 The balance
Auction Guidelines sheets. The
reiterated that the balance
Bonds to be auctioned sheets detail
are ―[n]ot subject to assets,
20% withholding tax as liabilities, and
the issue will be limited the net worth
to a maximum of 19 of the
lenders in the primary business and
market (pursuant to the
BIR Revenue Regulation individual.
No. 020 2001 ).

83. Maturity Noun Muh-chur- The date on which the On December 22, 1989, Financial
uh-tee principal balance of a loan, petitioners spouses institutions
bond, or other financial Florentino and Aurea sometimes
instrument becomes due and Mallari (petitioners) temporarily
payable. obtained again from alter maturity
respondent bank dates as part
another loan of ₱1.7 of a
million as evidenced by promotion to
PN No. BDS 606-895 entice new
with a maturity date of investors. For
March 22, 1990. They promotional
stipulated that the loan certificates of
will bear 23% interest deposits
p.a., attorney‘s fees (CDs), a bank
equivalent to 15% p.a. may offer a
of the total amount due, higher rate of
but not less than return for a
₱200.00, and penalty short-term
and collection charges CD. At
of 12% p.a. Petitioners maturity, the
executed a Deed of Real promotional
Estate Mortgage6 in CD will
favor of respondent generally
bank covering renew at the
petitioners‘ property rate and time
under Transfer frame of a
Certificate of Title (TCT) standard CD.
No. T-215175 of the
Register of Deeds of
Tarlac to answer for the
said loan.
(SPOUSES
FLORENTINO T.
MALLARI and AUREA V.
MALLARI, vs.
PRUDENTIAL BANK,
G.R. No.
197861 June
5, 2013)

84. Payoff Noun Pay-af The complete repayment of a REPUBLIC ACT No. The attorney
loan, including principal, 10846 of the
interest, and any other company
amounts due. Payoff occurs AN ACT ENHANCING require the
either over the full term of the THE RESOLUTION AND delivery of a
loan or through prepayments. LIQUIDATION payoff letter
FRAMEWORK FOR on a
BANKS, AMENDING commercial
FOR THE PURPOSE loan, without
REPUBLIC ACT NO. regard to the
3591, AS AMENDED, circumstance
AND OTHER RELATED s surrounding
LAWS. the request
―The Corporation, prior for such
to the exercise of the letter. The
powers under this Bank had
section, shall determine delivered
that actual payoff and letters stating
liquidation thereof will the amounts
be more expensive than due on the
the exercise of this loan.
power: Provided, That
when the Monetary
Board has determined
that there are systemic
 LEGAL TERMS
consequences of a
probable failure or
closure of an insured
bank, the Corporation
may grant financial
assistance to such
insured bank in such
amount as may be
necessary to prevent its
failure or closure
and/or restore the
insured bank to viable
operations, under such
terms and conditions as
may be deemed
necessary by the Board
of Directors, subject to
concurrence by the
Monetary Board and
without additional cost
to the DIF.

85.
On 28 November 1928,
Legislature noun leg·is·la·ture a body of persons having the We all know
the Philippine
power to legislate that every
Legislature enacted Act
specifically : an organized state has its
No. 3436 which granted
body having the authority to own
PLDT a franchise and
make laws for a political unit legislature.
the right to engage in
telecommunications
business. In 1969,
General Telephone and
Electronics Corporation
(GTE), an American
company and a major
PLDT stockholder, sold
26 percent of the
outstanding common
shares of PLDT to PTIC.
In 1977, Prime
Holdings, Inc.

86.
On 28 February 2007,
Injunction noun in·junc·tion An injunction is a court The plaintiffs
petitioner filed the
order, usually one telling were
instant petition for
someone not to do something successful in
prohibition, injunction,
getting an
declaratory relief, and
injunction
declaration of nullity of
from the High
sale of the 111,415
Court.
PTIC shares.

87.
Petitioner claims,
Petitioner noun pe·ti·tion·er a person who makes a formal The petitioner
among others, that the
application to a court for a requested
sale of the 111,415
writ, judicial action in a suit, permission to
PTIC shares would
etc appeal to the
result in an increase in
Privacy
First Pacific's common
Council from
shareholdings in PLDT
the Court of
from 30.7 percent to 37
Appeal.
percent, and this,
combined with
Japanese NTT
DoCoMo's common
shareholdings in PLDT,
would result to a total
foreign common
shareholdings in PLDT
of 51.56 percent which
is over the 40 percent
constitutional
limit.]Petitioner asserts:

88.
(a) the auction of the
Constitutional adjective con·sti·tu·tion· relating to an established set The Bill is
government's 111,415
al of principles governing a state based on the
PTIC shares bore due
constitutional
diligence, transparency
convention's
and conformity with
proposal for a
existing legal
plan.
procedures; and (b)
First Pacific's intended
acquisition of the
government's 111,415
PTIC shares resulting in
 LEGAL TERMS
First Pacific's 100%
ownership of PTIC will
not violate the 40
percent constitutional
limit on foreign
ownership of a public
utility since PTIC holds
only 13.847 percent of
the total outstanding
common shares of
PLDT.[5] On 28
February 2007, First
Pacific completed the
acquisition of the
111,415 shares of stock
of PTIC

89.
This Court is not a trier
Jurisdiction noun ju·ris·dic·tion the power, right, or authority In this
of facts. Factual
to interpret and apply the law matter, the
questions such as those
court has no
raised by petitioner,[9]
jurisdiction.
which indisputably
demand a thorough
examination of the
evidence of the parties,
are generally beyond
this Court's jurisdiction.
Adhering to this well-
settled principle, the
Court shall confine the
resolution of the instant
controversy solely on
the threshold and
purely legal issue of
whether the term
"capital" in Section 11,
Article XII of the
Constitution refers to
the total common
shares only or to the
total outstanding
capital stock (combined
total of common and
non-voting preferred
shares) of PLDT, a
public utility.

90.
Petition for declaratory
Mandamus noun man·da·mus a writ issued by a superior The head
relief
court commanding the constable
performance of a specified treated as petition for sought a
official act or duty mandamus mandamus
order ordering
the justice to
rehear the
case.
91.
In Macasiano v.
Meritorious adjective mer·i·to·ri·ous is something that has value Robert was a
National Housing
or that is deserving of praise meritorious
Authority, [24] the
or rewards government
Court explicitly stated
official.
that the exercise of
such discretion,
whether to treat a
petition for declaratory
relief as one for
mandamus,
presupposes that the
petition is otherwise
viable or meritorious.

92.
The Court therefore
Accused noun ac·cused the defendant in a criminal The murder is
required respondents
case being accused
Central Bank of the
on a mail
Philippines, the local
man.
bank, and the accused
to comply with the writ
of execution issued in
the civil case for
damages and to release
the dollar deposit of the
accused to satisfy the
judgment.

93.
In Alliance of
 LEGAL TERMS
Infirmity noun in·fir·mi·ty any imperfection that renders Government Workers v. He was
a particular transaction void Minister of Labor, the immured in
or incomplete Court similarly brushed his house by
aside the procedural infirmity at
infirmity of the petition the age of 86.
for declaratory relief
and treated the same as
one for mandamus. In
Alliance, the issue was
whether the government
unlawfully excluded
petitioners, who were
government employees,
from the enjoyment of
rights to which they
were entitled under the
law‘s

94.
Specifically, the
Decree noun de·cree an order usually having the The president
question was: "Are the
force of law signed a
branches, agencies,
decree
subdivisions, and
barring the
instrumentalities of the
formation of
Government, including
labor unions.
government owned or
controlled corporations
included among the
four `employers' under
Presidential Decree No.
851 which are required
to pay their employees x
x x a thirteenth (13th)
month pay x x x ?" The
Constitutional principle
involved therein affected
all government
employees, clearly
justifying a relaxation of
the technical rules of
procedure, and
certainly requiring the
interpretation of the
assailed presidential
decree.

95.
The Court has no
Declaratory Relief adjective de·clar·a·to·ry an action for declaratory According to a
original and exclusive
re·lief relief is filed to secure an spokeswoman
jurisdiction over a
authoritative statement of the for the
petition for declaratory
rights and obligations of the corporation,
relief. However,
parties under a statute, deed the firm has
exceptions to this rule
or contract for their guidance filed its own
have been recognized.
in complying with or statement in
Thus, where the petition
enforcing its provisions Connecticut
has far-reaching
state court,
implications and raises
seeking
questions that should
declaratory
be resolved, it may be
relief from
treated as one for
any verdict.
mandamus.

96.
The interpretation of the
Resolution noun res·o·lu·tion A solemn judgment or During the
term "capital" in Section
decision of a court previous
11, Article XII of the
plenary
Constitution has far-
session, the
reaching implications to
resolution
the national economy.
was
In fact, a resolution of
approved..
this issue will determine
whether Filipinos are
masters, or second
class citizens, in their
own country

97.
In this case, the FIA
Unconstitutional adjective un·con·sti·tu· not according or consistent The Supreme
should be read in
tion·al with the constitution of a Court
harmony with the
body politic (such as a declared
Constitution. Since the
nation) unanimously
Constitution only
that school
provides for a single
segregation is
requirement for the
unconstitutio
operation of a public
nal.
utility under Sec. 11,
i.e., 60% capital must
 LEGAL TERMS
be Filipino-owned, a
mere statute cannot
add another
requirement. Otherwise,
such statute may be
considered
unconstitutional.

98.
The Court must
Litigants noun lit·i·gants a person involved in a The Civil
forthwith seize such
lawsuit. Justice
opportunity, not only
Review's
for the benefit of the
recommendati
litigants, but more
ons for
significantly for the
accelerating
benefit of the entire
and
Filipino people, to
simplifying
ensure, in the words of
civil cases
the Constitution, "a
should benefit
self-reliant and
for litigants.
independent national
economy effectively
controlled by Filipinos.

99.
In Tañada v. Tuvera,
Execution noun ex·e·cu·tion the carrying out or putting In the
the Court asserted that
into effect of a plan, order, or Philippines
when the issue
course of action execution are
concerns a public right
carried out
and the object of
through lethal
mandamus is to obtain
injection
the enforcement of a
during 19th
public duty, the people
century.
are regarded as the real
parties in interest; and
because it is sufficient
that petitioner is a
citizen and as such is
interested in the
execution of the laws,
he need not show that
he has any legal or
special interest in the
result of the action.

100.
Legaspi v. Civil Service
Assertion noun as·ser·tion the action of stating The decision
Commission, while
something or exercising is viewed as a
reiterating Tañada,
authority confidently and assertion of
further declared that
forcefully. his power
`when a mandamus
within the
proceeding involves the
organization.
assertion of a public
right, the requirement
of personal interest is
satisfied by the mere
fact that petitioner is a
citizen and, therefore,
part of the general
`public' which
possesses the right.'

101.
On 28 February 2007,
Prohibition noun pro·hi·bi·tion the act of prohibiting by There are also
petitioner filed the
authority certain
instant petition for
exceptions to
prohibition, injunction,
the general
declaratory relief, and
prohibition.
declaration of nullity of
sale of the 111,415
PTIC shares

102.
Neither shall any such
Amendment noun a·mend·ment in government and law, an A bill
franchise or right be
addition or alteration made to amendment
granted except under
a constitution, statute, or has been filed
the condition that it
legislative bill or resolution. by the
shall be subject to
opposition.
amendment, alteration,
or repeal by the
Congress when the
common good so
requires. The State shall
encourage equity
participation in public
utilities by the general
public. The
participation of foreign
investors in the
 LEGAL TERMS
governing body of any
public utility enterprise
shall be limited to their
proportionate share in
its capital, and all the
executive and managing
officers of such
corporation or
association must be
citizens of the
Philippines.

103.
Similarly, respondent
Memorandum noun mem·o·ran·du a document recording the The School
Manuel V. Pangilinan
m terms of a contract or other memorandum
does not define the term
legal details. was dated on
"capital" in Section 11,
September 15
Article XII of the
2014.
Constitution. Neither
does he refute
petitioner's claim of
foreigners holding more
than 40 percent of
PLDT's common shares.
Instead, respondent
Pangilinan focuses on
the procedural flaws of
the petition and the
alleged violation of the
due process rights of
foreigners. Respondent
Pangilinan emphasizes
in his Memorandum (1)
the absence of this
Court's jurisdiction over
the petition; (2)
petitioner's lack of
standing; (3) mootness
of the petition; (4) non-
availability of
declaratory relief; and
(5) the denial of due
process rights.
Moreover, respondent
Pangilinan alleges that
the issue should be
whether "owners of
shares in PLDT as well
as owners of shares in
companies holding
shares in PLDT may be
required to relinquish
their shares in PLDT
and in those companies
without any law
requiring them to
surrender their shares
and also without notice
and trial."

104.
Respondent Francisco
Impleaded impleaded im·plead-ed to sue or prosecute at law So long as the
Ed Lim, impleaded as
third party
President and Chief
obtains
Executive Officer of the
proper service
Philippine Stock
of process, a
Exchange (PSE), does
defendant
not also define the term
may
"capital" and seeks the
impleaded a
dismissal of the petition
third party at
on the following
any time
grounds: (1) failure to
within ten
state a cause of action
days after
against Lim; (2) the PSE
service of
allegedly implemented
process has
its rules and required
been
all listed companies,
accomplished,
including PLDT, to
up until the
make proper and timely
trial date.
disclosures; and (3) the
reliefs prayed for in the
petition would adversely
impact the stock
market.

105.
Otherwise, if the Trial
Arguments noun ar·gu·ments is a statement or set of Students
Court's ruling
statements that you use in must be able
upholding respondents'
order to try to convince to build a
arguments were to be
 LEGAL TERMS
people that your opinion
about something is correct.
given credence, it would logical
be possible for the arguments.
ownership structure of
a public utility
corporation to be
divided into one percent
(1%) common stocks
and ninety-nine percent
(99%) preferred stocks.

106.
In this regard, suffice it
Prevails verb pre·vails To obtain the relief sought in Only the
to state that as between
an action or suit or to win a truth will
the law and an opinion
law suit. prevail.
rendered by an
administrative agency,
the law indubitably
prevails. Moreover, said
Opinions are merely
advisory and cannot
prevail over the clear
intent of the framers of
the Constitution.

107.
But even assuming that
Proceedings pro·ceed·ing pro·ceed·ings refers to all methods of The
resort to the
invoking the action of a proceedings
proceedings of the
court; any procedural means have now
Constitutional
of seeking redress from a been
Commission is
tribunal or agency adjourned
necessary, there is
until the next
nothing in the Record of
month.
the Constitutional
Commission (Vol. III) -
which petitioner
misleadingly cited in the
Petition x x x - which
supports petitioner's
view that only common
shares should form the
basis for computing a
public utility's foreign
equity.

108.
In addition, the SEC -
Compliance noun com·pli·ance the action or fact of Our
the government agency
complying with a wish or government
primarily responsible
command. may take
for implementing the
steps to
Corporation Code, and
enforce
which also has the
compliance
responsibility of
with the new
ensuring compliance
health
with the Constitution's
measures
foreign equity
during this
restrictions as regards
pandemic
nationalized activities x
periods.
x x - has categorically
ruled that both common
and preferred shares
are properly considered
in determining
outstanding capital
stock and the
nationality composition
thereof.

109.
Preferred shares of
Provisions noun pro·vi·sions a statement within an Mr. Smith
stock issued by any
agreement or a law that a made
corporation may be
particular thing must happen provisions for
given preference in the
or be done, especially before his wife and
distribution of the
another can happen or be his children
assets of the
done in his will.
corporation in case of
liquidation and in the
distribution of
dividends, or such other
preferences as may be
stated in the articles of
incorporation which are
not violative of the
provisions of this Code:
Provided, That preferred
shares of stock may be
issued only with a
stated par value.
 LEGAL TERMS
110.
MR. VILLEGAS. The
Committee noun com·mit·tee a person entrusted with the The supreme
portion accepted by the
charge of another person or court
Committee is the
another person's property. committee
deletion of the phrase
has decided
"voting stock or
to dismiss
controlling interest."
him.
111.
On the other hand, the
Circumvents verb cir·cum·vents a rule or restriction, they The
Filipinos, holding more
avoid having to obey the rule Philippine
than 99.999 percent of
or restriction, in a clever and government
the equity, cannot vote
perhaps dishonest way. opened an
in the election of
office abroad
directors and hence,
in order to
have no control over the
circumvents
public utility. This
the tax laws.
starkly circumvents the
intent of the framers of
the Constitution, as well
as the clear language of
the Constitution, to
place the control of
public utilities in the
hands of Filipinos. It
also renders illusory the
State policy of an
independent national
economy effectively
controlled by Filipinos.

112.
The legal and beneficial
Mandate noun man·date a commission by which a Our beloved
ownership of 60 percent
party is entrusted to perform President wa
of the outstanding
a service, especially without s elected with
capital stock must rest
payment and with indemnity a clear
in the hands of Filipinos
against loss by that party mandate to
in accordance with the
tackle violent
constitutional mandate.
crime.
Full beneficial
ownership of 60 percent
of the outstanding
capital stock, coupled
with 60 percent of the
voting rights, is
constitutionally
required for the State's
grant of authority to
operate a public utility.

113.
Hence, unless it is
Fundamental Law noun fun·da·men· the organic or basic law of a Tt was catnip
expressly provided that
tal law political unit as distinguished for them
a legislative act is
from legislative acts when a group
necessary to enforce a
of scientists
constitutional mandate,
claimed to
the presumption now is
have
that all provisions of the
discovered a
constitution are self-
fundamental
executing. If the
law of
constitutional
memory
provisions are treated
recall.
as requiring legislation
instead of self-
executing, the
legislature would have
the power to ignore and
practically nullify the
mandate of the
fundamental law. This
can be cataclysmic.

114.
We have said that what
Disposition noun dis·po·si·tion the court's final The two
the State should do or
determination of a lawsuit or government
could do in such
criminal charge. party are
matters is a matter of
unlike in
public policy, entirely
dispositions.
beyond the scope of
judicial authority.
(Dinglasan, et al. vs. Lee
Bun Ting, et al., 6 G. R.
No. L-5996, June 27,
1956.) While the
legislature has not
definitely decided what
policy should be
followed in cases of
 LEGAL TERMS
115. Alleges Verb Uh-leh-juhz To claim a fact is true,
commonly in a complaint
which is filed to commence a
lawsuit, in an "affirmative
defense" to a complaint, in a
criminal charge of the
commission of a crime, or
any claim.
116. Affirm Verb Uh-furm What an appeals court does if
it agrees with and confirms a
lower court's decision.
117. Administrator Noun Uhd-mi-nuh- The person appointed by the
stray-tr court to handle the estate of
someone who died without a
will, with a will with no
nominated executor, or the
executor named in the will
has died, has been removed
from the case, or does not
desire to serve.
118. Complaint Noun Kuhm-playnt The the first document filed
with the court (actually with
the County Clerk or Clerk of
the Court) by a person or
entity claiming legal rights
against another. The party
filing the complaint is usually
called the plaintiff and the
party against whom the
complaint is filed is called the
defendant or defendants.
119. Competent Adjective Kaam-puh-tnt In criminal law, sufficiently
mentally able to stand trial, if
he/she understands the
proceedings and can
rationally deal with his/her
lawyer.
120. Corroborate Verb Kr-aa-br-ayt To confirm and sometimes
add substantiating
(reinforcing) testimony to the
testimony of another witness
or a party in a trial.
121. Culpability Noun Kuhl-puh-bi- Responsibility for a fault or
luh-tee wrong; blame.
122. Conviction Noun Kuhn-vik-shn The result of a criminal trial
in which the defendant has
been found guilty of a crime.
violations against the
constitutional
prohibition, courts of
justice cannot go
beyond by declaring the
disposition to be null
and void as violative of
the Constitution.
She also alleges that You allege
petitioner failed to that she stole
observe the mandate a large
that public office is a quantity of
public trust when she money.
meddled in an affair
that belongs to another
agency and received an
amount for undelivered
work.
We affirm the CA and Tonight, the
Ombudsman that police will
petitioner is affirm the
administratively liable. suspect's
We hasten to add, identity on
however, that petitioner national
is guilty of conduct television.
unbecoming a public
officer.
After our directive to the While
Office of the Court governing, the
Administrator to issue a administrator
circular on the subject must,
of the query for the therefore,
guidance of all keep certain
personnel in the trends in
Judiciary, we consider view.
this aspect of the
present administrative
matter a finished task,
subject only to
confirmatory closure
when the OCA reports
the completion of the
undertaking to us.
When petitioner failed He filed a
to return the ₱50,000, formal
respondent sued her for complaint
estafa. Respondent also against his
filed an administrative boss.
complaint for grave
misconduct or conduct
unbecoming a public
officer against petitioner
before the Office of the
Ombudsman.
A professional refers to The accuracy
a person who engages of the results
in an activity with great is generally
competence. Indeed, to denied by
call a person a competent
professional is to experts.
describe him as
competent, efficient,
experienced, proficient
or polished.
He failed to get any of He was able
them to corroborate his to corroborate
claim. the findings.
The culpability of the Rumors
petitioner is anchored continued to
on her irregular and be rampant
unjustifiable act being about his
complained of, in alleged
violation of an existing culpability in
regulation of a state-run Billy
university (the PUP, in Langstrom's
this case) where she is death.
currently employed.
Finality and execution Faith is an
of decision.- Where the unreasonable
respondent is absolved conviction
of the charge, and in which is
case of conviction where assumed
the penalty imposed is without
 LEGAL TERMS
public censure or reason and
reprimand, suspension defended
of not more than one against all
month, or a fine reason.
equivalent to one month
salary, the decision
shall be final and
unappealable.

123. Executory Adjective Ig-zek-yuh- Something not yet performed In the assailed CA They
tohr-ee or done. decision, the appellate contained an
court declared that the order - in
decision of the Office of principle, any
the Ombudsman was order
already final and whatsoever -
executory at the time emanating
that the petition for directly from
review was filed by Pia. the king, and
executory by
himself.
124. Extension Noun Uhk-sten-shn Granting of a specific amount the petitioner filed a The
of extra time to make a motion for extension of unprofitable
payment, file a legal time (for an additional extension of
document after the date due fifteen [15] days) to file the telegraphs
or continue a lease after the the said petition or until has largely
original expiration of the March 17, 2003. contributed to
term. the loss.
125. Exoneration Noun Uhg-zaa-nr- The removal of a burden, Pia‘s argument that she Under certain
ay-shn charge, responsibility, duty, was not properly conditions,
or blame imposed by law. charged with the offense however, and
for which she was found on payment of
guilty of committing still a certain
does not warrant her exoneration
exoneration from the tax,
offense. exemption
may still be
purchased.
126. Erroneous Adjective Ur-ow-nee- Not according to established The premise of the Such a view
uhs law, particularly in a legal query is erroneous. can only lead
decision or court ruling. to the most
erroneous
conclusions
and
contribute to
a fatal
confusion in
our
understandin
g of historical
events.
127. Guilty Adjective Gil-tee Having been convicted of a The Ombudsman found He pleaded
crime or having admitted the petitioner guilty of guilty to
commission of a crime by violating Section 4(b) of murder.
pleading "guilty" (saying you R.A. No. 6713 and
did it). suspended her from
office for six months
without pay.

128. Jurisdiction Noun Jr-uhs-dik- The authority given by law to The Ombudsman has The court has
shn a court to try cases and rule jurisdiction even if the jurisdiction
on legal matters within a act complained of is a over most
particular geographic area private matter. criminal
and/or over certain types of offenses.
legal cases.
129. Jurisprudence Noun Jur-uh-sproo- The entire subject of law, the Consistent with the The general
dns study of law and legal foregoing jurisprudence, principles of
questions. Pia claims that her law in the
petition for review was legal sense
timely filed, as her are discussed
motion for extension of under
time to file the petition Jurisprudenc
with the CA was filed on e.
February 24, 2003;

130. Malfeasance Noun Mal-fee-zns The doing of a wrongful or The jurisdiction of the He was
illegal act, especially by a Ombudsman accused of
public official. encompasses all kinds malfeasance
of malfeasance, in office, but
misfeasance, and he was not
nonfeasance committed tried until
by any public officer or several years
employee during had elapsed.
his/her tenure.

131. Movant Noun Mov-ant The party in a lawsuit or Errors of law or A court
other legal proceeding who irregularities have been grants
makes a motion (application committed prejudicial to summary
for a court order or the interest of the judgment
judgment). movant. when there is
no way the
movant can
 LEGAL TERMS
lose at trial.
132. Memorandum Noun Meh-mr-an- A "memorandum of decision," The term "law" was On March 29,
dm or "memorandum opinion" intended by the 1961 Senator
are brief statements by a legislature to include "a Fulbright
judge announcing his/her memorandum or a gave Kennedy
ruling without detail or giving circular or an a
extensive reasons, which may administrative order memorandum
or may not be followed by a issued pursuant to the opposing
more comprehensive written authority of law." moral and
decision. legal grounds.
133. Ombudsman Noun Aam-buhdz- An official appointed to Section 13(1), Article XI The insurance
muhn investigate individuals' of the 1987 company's
complaints against Constitution states that Ombudsman
maladministration, especially the Ombudsman can was able to
that of public authorities. investigate on its own or resolve the
on complaint by any problem.
person any act or
omission of any public
official or employee
when such act or
omission appears to be
illegal, unjust, or
improper.

134. Petitioner Noun Puh-ti-shuh- The one who signs and/or Petitioner is a The claim by
nr files a petition. government employee, the petitioner
being a department for spousal
head of the Population support is
Commission with office dismissed.
at the Provincial
Capitol, Trece Martirez
City, Cavite.

135. Presumption Noun pruh-zuhmp- a rule of law which permits a
shn court to assume a fact is true
until such time as there is a
preponderance (greater
weight) of evidence which
disproves or outweighs
(rebuts) the presumption.
They have the force and In case of
effect of law and enjoy doubt the
the presumption of presumption
constitutionality and was in favour
legality until they are of the state.
set aside with finality in
an appropriate case by
a competent court.

136. Prosecutor Noun Praa-suh- Generic term for the Recently, in Assistant It was
kyoo-tr government's attorney in a Special Prosecutor III composed of a
criminal case, including Rohermia J. Jamsani- jury, a public
District Attorney, States Rodriguez v. Justices prosecutor,
Attorney, U.S. Attorney, Gregory S. Ong, et al., and two
Attorney General, Solicitor we said that substitutes,
General, or special unbecoming conduct all nominated
prosecutor. means improper by the
performance and Convention;
applies to a broader and from its
range of transgressions judgments
of rules not only of there was no
social behavior but of appeal.
ethical practice or
logical procedure or
prescribed method.

137. Probative Adjective Prow-buh- In evidence law, tending to The Court is not a trier The
tuhv prove something. Thus, of facts and it is not its objections
testimony which is not function to review were that the
probative (does not prove evidence on record and evidence was
anything) is immaterial and assess the probative not probative,
not admissible or will be weight thereof. failed to meet
stricken from the record if the
objected to by opposing authenticity
counsel. burden and
was unfairly
prejudicial to
the defense.
138. Privity Noun Pri-vuh-tee A contact, connection or Atty. Buffe further There is no
mutual interest between alleged that the privity of
parties. The term is intention of the above contract
particularly important in the prohibition is to remove between a
law of contracts, which the exercise of clout, surety and
requires that there be influence or privity to the principal
"privity" if one party to a insider information, debtor.
contract can enforce the which the incumbent
contract by a lawsuit against public employee may
the other party. use in the private
practice of his
profession.

139. Query Noun Kwee-ree Common lawyer lingo for a As we stated at the This is a
question to be answered. outset, this query that
administrative matter Tim Burton
confronts us, not merely glossed over
with the task of in 1989,
determining how the because the
Court will respond to world he
the query, both with created didn‘t
 LEGAL TERMS
respect to the need an
substance and form. explanation.

140. Statute Noun Sta-choot A Federal or state written law
enacted by the Congress or
state legislature, respectively.
Local statutes or laws are
usually called "ordinances."
Regulations, rulings,
opinions, executive orders
and proclamations are not
statutes.
In so ruling, we do no The statute
less and no more than prohibits
apply the law and its businesses
implementing rules from selling
issued by the CSC alcohol to
under the authority minors.
given to it by Congress.
Needless to stress, said
rules partake the
nature of a statute and
are binding as if written
in the law itself.

141. Supreme Court Noun Suh-preem The highest federal court in
kort the US, consisting of nine
justices and taking judicial
precedence over all other
courts in the nation.
In all administrative Judges are
disciplinary cases, selected in a
orders, directives, or method
decisions of the Office of similar to the
the Ombudsman may one used for
be appealed to the state supreme
Supreme Court by filing court justices.
a petition for certiorari
within ten (10) days
from receipt of the
written notice of the
order, directive or
decision or denial of the
motion for
reconsideration in
accordance with Rule
45 of the Rules of
Court.

142. Transgression Noun Tranz-greh- An act that goes against a Misconduct is a Few things
shn law, rule, or code of conduct; transgression of some are so sad to
an offense. established and definite read as the
rule of action, more letters in
particularly, unlawful which he
behavior or gross details the
negligence by a public consequences
officer. of his
transgression.
143. Perjury Noun per-ju-ry The crime of intentionally The legal effect of an The person
lying under oath during a oath is to subject the who witness
judicial proceeding, such as person to penalties for the crime
at trial. perjury if the testimony and give a
is false. false
testimony in
(Republic of the the front of
Philippines Vs Go Pei the Court
Hung, GR No. 212785, Justice
April 04, 2018) should
be given a
penalties for
perjury.
144. Onus Noun ō-nəs "In naturalization The Court
proceedings, the Justice has
(Latin) Burden; a duty or applicant has the onus the onus to
responsibility. to prove not only his give
own good moral a decision for
character but also the every cases
good moral character of that
his/her witnesses, who happened
must be credible inside the
persons." court.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

145. Testimony Noun tes-ti-mo-ny The testimony

of the witness
the testimony of his two is very
The spoken evidence given by
(2) witnesses, Mr. La To important to
a witness under oath in court
Sy Lai and So An Ui defend the
or at a deposition, or written
Henry Co Sy, that they defendant to
evidence provided by a
came to know the the
witness under oath through
petitioner sometime in allegations.
an affidavit. theft. The act of
1995,
taking something that
belongs to someone else, (Republic of the
without the owner‘s Philippines Vs Go Pei
permission and with no Hung, GR No. 212785,
intention of returning it; April 04, 2018)
stealing; see also larceny,
steal.
 LEGAL TERMS
146. Executory Adjective ex-ec-u-to-ry Under Republic Act The decision
530, this decision of the court in
describing something, such granting the application the case of
as a contract, which has not for naturalization shall homicide
been started yet. not become final and shall not
executory until after two become final
(2) years from the and executory
promulgation of the until next
decision and after month for the
another hearing is testimony of
conducted to determine the witness in
whether or not the this case and
applicant has complied for the
with the requirements other evidenc
of Section 1 of said law es.
with the attendance of
the Solicitor General or
his authorized
representative,
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

147. Bona Fide Adjective bo-na fide One year prior to the The foreigner
filing of his petition for who would
genuine, sincere or in good admission to Philippine like to become
faith. citizenship, the a bona fide
applicant for Philippine citizen‘s of the
citizenship shall file Philippines
with the Bureau of should know
Justice, a declaration the
under oath that it is qualifications
bona fide his intention and
to become a citizen of especially the
the Philippines. good moral
that needed.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

148. Appellee Noun ap-pel-lee The party against whom an Pursuant to Section 6 of The court
appeal is filed; the party who CA 473, as amended, introduce the
prevailed at trial in the lower petitioner appellee is appellee of
court. See also respondent. exempted from filing the the next case
aforesaid declaration of that will going
intention. to process in
the trial.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

149. Naturalization Noun nat-u-ral-i-za- petitioner contends that The person

tion naturalization should who are born
Process by which a person be denied due to the in the
acquires nationality after failure of respondent to Republic of
birth and becomes entitled to attach a Declaration of the
privileges of citizenship. Intention and Certificate Philippines
of Arrival to his Petition with a
for Naturalization, as Filipino pare
required under CA No. nt‘s are
473; naturalization
or have a
(Republic of the privilege of
Philippines Vs Go Pei being
Hung, GR No. 212785, a Filipino
April 04, 2018) citizenship.
150. Res Judicata Noun res ju-di-ca-ta A decision or order The court
granting citizenship will decision of
(Latin) An adjudicated not even constitute res giving a res
matter; a rule that a court‘s judicata to any matter judicata
final judgment conclusively or reason supporting a in any matter
settles the rights of all parties subsequent judgment or reason will
involved. canceling the declare inside
certification of the court.
naturalization already
granted, on the ground
that it had been illegally
or fraudulently
procured.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

151. Pleading Noun plead-ing As the matters brought The witness

to the attention of this provides his
 LEGAL TERMS
The process by which parties Court X X X involve testimony
file things in court, including facts contained in the and the
beginning a case, responding disputed decision of the evidences for
to issues in court, and lower court and the pleadings
counterclaims. Eventually, admitted by the parties that will
only one or a few issues in their pleadings, happen in the
remain which the parties court.
disagree on, and these are (Republic of the
the issues that the court Philippines Vs Go Pei
decides upon. Hung, GR No. 212785,
April 04, 2018)

152. Compliance Noun com-pli-ance Ultimately, respondent The

failed to prove full and compliance
The practice within a complete compliance that the court
business of ensuring that all with the requirements given to the
personnel are following of the Naturalization individual
applicable laws, rules, and Law. As such, his who are
regulations. petition for involved in
naturalization must be the case that
denied without are not full
prejudice to his right to and complete
re-file his application. should not
accept and
(Republic of the failed.
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

153. Fatal Adjective fa-tal The absence of one The case

jurisdictional without
Deadly; causing death; requirement is fatal to evidences and
causing something to fail the petition as this testimony is
completely. necessarily results in fatal in the
the dismissal or front of the
severance of the court.
naturalization process.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

154. Caveat Noun ca-ve-at as when the person The court

concerned has always will give a
A warning; a note of caution. considered himself a caveat for the
Filipino." There is a appellant to
caveat the extendable the case
period to elect that he/she
Philippine citizenship is involves.
not indefinite.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

155. Inchoate Adjective in-cho-ate Lim Teco was no longer The court
a Filipino since he no justice stated
Not yet fully developed; longer had any trace of that the
incomplete. See also choate. his Filipino heritage in defendant
him. It took too long for who has an
him to go back to the issue
land of his birth to regarding
claim an inchoate right citizenship is
given him by the inchoate the
Constitution. right that
given him by
(Republic of the the
Philippines Vs Go Pei Constitution.
Hung, GR No. 212785,
April 04, 2018)

156. Collateral Noun col-lat-er-al The petitioner claimed The appellee

that the deportation would like to
extra security for a debt. If proceeding against him file a fraud
there is a main security for a was voice since it case against
debt, such as a house being constitutes a collateral to the
security for a mortgage, any attack on the defendant of
extra security supplied is citizenship of his father. the collateral
called collateral. issue.
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

157. Nullity Noun nul-li-ty The petitioners question The witness

the citizenship of the gives a nullity
Something that is legally father through a testimony
invalid; the state of being collateral approach. against to the
legally invalid. This cannot be done. In defendant
 LEGAL TERMS
our jurisprudence, an and the court
attack on a person‘s did not accept
citizenship may only be it.
done through a direct
action for its nullity
(Republic of the
Philippines Vs Go Pei
Hung, GR No. 212785,
April 04, 2018)

158. Certiorari Noun cer-tio-ra-ri Thereafter, on The appellant

A writ issued by an appellate
court to a lower court
requesting the official record
of a decision made by the
lower court so that the
appellate court can review it
for errors.
November 7, 2001, Go, would like to
Sr. and Go filed a file a petition
petition for certiorari for the
and prohibition before certiorari to
the Regional Trial Court the lower
(RTC) of Pasig City, court before
Branch 167, docketed the
as SCA No. 2218, prosecution
seeking to nullify the will proceed
Board‘s March 8, 2001 next week.
Resolution and the
Charge Sheet dated
July 3, 2001.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

159. Prejudice Noun prej-u-dice the Board of The appellant

Bias; prejudgment not based
on actual experience or
evidence; injury to a party
that results from
preconceived notions about
the facts. To cause prejudice;
to harm. prejudicial.
Commissioners hereby provide
Orders the testimony
apprehension of without
respondent JIMMY T. prejudice can
GO a.k.a. JAIME T. cause harm
GAISANO and that he to someone.
be then deported to
CHINA of which he is a
citizen, without
prejudice however, to
the continuation of any
and all criminal and
other proceedings that
are pending in court or
before the prosecution
arm of the Philippine
Government, if any.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

160. Expulsion Noun ex-pul-sion The foreign

national who
And that upon are living in
Driving out; ejecting from a
expulsion, he is thereby our country
group, school, etc; depriving
ordered barred from without any
of membership; see also expel
entry into the documentatio
Philippines. n related to
his/her
purposes can
(Jimmy T. Go Vs. expulsion in
Bureeau of Immigration the country.
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

161. Prima Facie Adverb pri-ma-fa-cie The case that

have
The BI Board held the a certified
a legal claim having enough
adverted certificates to prima facie
evidence to proceed to trial or
be prima facie proof of should be
judgment
facts regarding the proceed in the
nationality of Go trial Court.
pursuant to Article 410
of the Civil Code,15
since they are
considered public
documents.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
 LEGAL TERMS
T, Ramos, GR No.
191810, June 22, 2015)

162. Dissolved Verb dis-solve as it is hereby, The case

To close, annul, or end; to
end the legal existence of a
corporation. See also
dissolution.
DISMISSED for lack of without a
merit and the injunctive solid
relief granted the evidences
petitioners, as a should be
consequence is dissolved in
DISSOLVED the court of
appeal.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

163. Adjudication Noun Ad-ju-di-ca- Formal judgment or decision The majority resolves The
tion of a court. the first issue in the adjudication
affirmative. I agree with of the court
the disposition and the regarding the
arguments case of the
underpinning the citizenship is
adjudication on the dissolved.
matter.

(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

164. Sui Generis Adjective sui-ge-ner-is The cases

involving of
Cases involving issues the ABC
Something that belongs in a
on citizenship are sui corporation
particular category or is the
generis, meaning; they have a sui
only one of its class.
are in a class of their generis it is
own. important
that the
corporation
(Jimmy T. Go Vs. has a
Bureeau of Immigration knowledge
and Deportaion and Its about it.
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

165. Affiant Noun Af-fi-ant The affiant

Rodolf Miller
wherein the affiant is involved on
Someone who makes and
CARLOS GOM SRM, issues
swears to an affidavit.
tried to explain why he regarding
failed to have Affidavit taxes.
of Election of Philippine
Citizenship,
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

166. Enfranchise Verb en-fran-chise It cannot be over Everyone

To grant someone the right to
vote. enfranchisement.
emphasized that R.A. have a power
9189 aims, in essence, to enfranchise
to enfranchise as much as much as
as possible all overseas he/she
Filipinos who, save for qualified to
the residency vote. The
requirements exacted of person who
an ordinary voter under are not
ordinary conditions, are qualified to
qualified to vote. vote cannot
enfranchise
(Jimmy T. Go Vs. his right.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)

167. Allegations Noun al-le-ga-tion To support his Mr.

allegations, Ramos Slezak summ
Statements against one party submitted a Certificate ited a
of Birth of Go, a page documents
 LEGAL TERMS
which the other party is
prepared to prove.
168. Defense Noun de-fense
A response, reason, or
allegation offered by a
defendant to a lawsuit as to
why the plaintiff has not
established a claim and
should not receive relief; a
denial of the plaintiff‘s claims
or an attack on the validity of
the plaintiff‘s causes of
action. See also affirmative
defense.
169. Affirmed Verb af-firm
In the practice of appellate
courts, the word means that
the decision of the trial court
is correct.
170. Citizenship Noun cit-i-zen-ship
the fact or status of being a
citizen of a particular place,
The status of a citizen. See
also naturalize.
171. Oath Noun ōth
Swearing or affirming that a
statement is true. If someone
makes a statement under
oath and knows it is false,
that person may be subjected
to prosecution for perjury.
Written documents as well as
spoken testimony may be
made under oath.
from the Registry of including the
Births of the City of over due
Iloilo and the Birth taxes that the
Certificates of his sister ABC
Juliet Go (Juliet) and Corporation
his older brother Carlos did not paid
Go, Jr. (Carlos, Jr.). in almost half of
the aforementioned a year of
Certificate of Birth of transaction in
Go, it was stated that the country to
Go was born as an support his
―FChinese.‖ allegations on
the case.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)
In his defense, Go
submitted that his
father, Go, Sr., was The ABC
born in Jaro, Iloilo City Corporation
on April 26, 1924 5 of a defense the
Chinese father Go Yin allegations
An and a Filipino regarding the
mother, Consolacion unpaid taxes
Trance, a native of issues.
Miagao, Iloilo. He
alleged that Go, Sr.
elected Philippine
citizenship and took his
Oath of Allegiance as a
Filipino citizen on July
11, 1950.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)
The findings of the Affirmed by
Special Investigator (SI)- the
on-case Roberto B. investigation
Dupingay as affirmed of the
by the Chief of SLPS prosecutor in
Ricardo U. Morales II the case of
expressed the following taxation
issues.
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)
Finding the evidence The
and the NBI report prosecutor fi
conclusive as to the ndings that
citizenship of Go, Sr. the owner of
and Go, BI Associate the ABC
Commissioner Linda L. Corporation is
Malenab-Hornilla, by not a Filipino
Resolution of February Citizen.
14, 2001, dismissed the
complaint
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)
Nevertheless, what The witness
CARLOS GO, SR., did on taxation
accomplished and case shall
performed was first to give an oath
execute the Oath of testimony,
Allegiance on July 11, but if the
1950, and then testimony find
accomplished and/or out false
filed his Election of he/she will
Philippine Citizenship be able to
on the following day subjected to
July 12, 1950, which is prosecution
inexplicable. for perjury.
(Jimmy T. Go Vs.
 LEGAL TERMS
172. Jurisprudence Noun ju-ris-pru-
dence
The philosophy or science of
law. The body of law formed
by cases and interpretations
of them; a system of law.
173. Petition noun puh-ti-shn A formal written request to a
court for an order of the
court. It is distinguished from
a complaint in a lawsuit in
which asks for damages
and/or performance by the
opposing party.
174. Provenance noun praa-vuh- The official record of origin of
nuhns a document or work of art
where the document was
created or received initially or
it is the place where the
document is now stored. A
provenance can be proved by
following the records of
ownership.
175. Pleadings noun plee-duhngz Pleadings are the written
statement of the respective
claims and defenses of the
parties submitted to the
court for appropriate
judgement.
176. Forfeit verb for-fuht Forfeit or forfeiture means
losing a right, privilege, or
property without
compensation as a
consequence of violating the
law, breaching a legal
obligation, failing to perform
a contractual obligation or
condition, or neglecting a
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)
In accordance with the The case of
applicable laws and the taxation
foregoing jurisprudence issues is
on the matter, the under the
Affidavit of Election of jurisprudence
Philippine Citizenship, .
executed by CARLOS
GO, SR., the father of
respondent on July 12,
1950,
(Jimmy T. Go Vs.
Bureeau of Immigration
and Deportaion and Its
Commisioners and Luis
T, Ramos, GR No.
191810, June 22, 2015)
This is a petition for Eighty-nine
certiorari under Rule 65 percent of the
of the Rules of Court respondents
seeking to (1) set aside in this case
the Resolution dated signed the
January 31, 2002 petition to the
issued by the Special enhancement
First Division of the of penalties
Sandiganbayan in Civil for the rape
Case No. 0141 entitled suspects.
Republic of the
Philippines vs.
Ferdinand E. Marcos,
et. Al., and (2) reinstate
its earlier decision
dated September 19,
2000 which forfeited in
favor of petitioner
Republic of the
Philippines (Republic)
the amount held in
escrow in the Philippine
National Bank (PNB) in
the aggregate amount of
US$658,175,373.60 as
of January 31, 2002.
The said decision of the As with
Swiss Federal Supreme provenance
Court affirmed the and
decision of Zurich witnesses,
District Attorney Peter there‘s such a
Consandey, granting significant
petitioner‘s request for way to be
legal assistance. discharged.
Consandey declared the
various deposits in the
name of the enumerated
foundations to be of
illegal provenance and
ordered that they be
frozen to await the final
verdict in favor of the
parties entitled
restitution.
On October 18, 1996, The party
petitioner filed a motion released few
for summary judgement details in
and/or judgement on their pre-trial
the pleadings. pleadings.
Respondent Mrs.
Marcos filed her
opposition thereto
which was later adopted
by respondents Mrs.
Manotoc, Mrs. Araneta
and Ferdinand, Jr.
DISPOSITION If he or she
WHEREFORE, missed the
judgement is hereby scheduled
rendered in favor of the court
Republic of the hearings, he
Philippines and against or she could
the respondents, be forfeited
declaring the Swiss bail or can be
deposits which were arrested.
 LEGAL TERMS
legal duty. Under federal law,
there are civil, criminal, and
administrative forfeitures.
transferred to and now
deposited in escrow at
the Philippine National
Bank in the total
aggregate value
equivalent to
US$627,608,544.95 as
of August 31, 2000
together with the
increments thereof
forfeited in favor of the
State.

177. Motion verb mow-shn a formal request made to Respondent Mrs. The accused
judge for an order or Marcos filed a motion person filed a
judgement. Motions are made for reconsideration motion to re-
in court all the time for many dated September 26, evaluate the
purposes: to continue 2000. Likewise, Mrs. case on the
(postpone) a trial to a later Manotoc and third week of
date, to get a modification of Ferdinand, Jr. filed February next
an order, for temporary child their own motion for year pursuant
support, for a judgement, for reconsideration dated to the order
dismissal of the opposing October 5, 2000. Mrs. by the judge.
party‘s case. For rehearing, Araneta filed a
for sanctions, or for dozens of manifestation dated
other purposes. October 4, 2000
adopting the motion for
reconsideration of Mrs.
Marcos, Mrs. Manotoc
and Ferdinand, Jr.

178. Diminish verb duh-mi- essentially a psychological
nuhsh term which has found its way
into criminal trials. A
contention of diminish
capacity means that although
the accused was not insane,
due to emotional distress,
physical condition or other
factors he/she could not fully
comprehend the nature of
criminal act.
Petitioner faults the The suspect
Sandiganbayan for doesn‘t want
questioning the non- people to look
production of the at him
authenticated diminished on
translations of the the accused
Swiss Federal Supreme crime he
Court decisions as this didn‘t even
was a marginal and do.
technical matter that
did not diminish by any
measure the
conclusiveness and
strength of what had
been proven and
admitted before the
Sandiganbayan, that is,
that the funds
deposited by the
Marcoses constituted
ill-gotten wealth and
thus belonged to the
Filipino people.

179. Capricious adjective kuh-pri- unpredictable and subject to Corollarily, the After the
shuhs whim, often refer to judges Sandiganbayan‘s ruling scheduled
and judicial decisions which to set the case for court hearing,
do not follow the law, logic or further proceedings the witness of
proper trial procedure. A cannot and should not the victim
semi-polite way of saying a be considered a thinks that
judge is inconsistent or capricious and the court is
erratic. whimsical exercise of whimsical,
judgement. uneven,
unjust, and
capricious.
180. Estoppel noun eh-staa-pl a bar or impediment The Motion for The court
(obstruction) which preludes Summary Judgement decided that
a person from asserting a fact was based on private there are no
or a right or prevents one respondents‘ Answer estoppel.
from denying a fact. Such a and other documents
hindrance is due to a that had long been in
person‘s actions, conduct, the records of the case.
statements, admissions, Thus, by the time the
failure to act or judgement Motion was filed on 10
against the person in an March 2000, estoppel
identical legal case. by laches had already
set in against petitioner.

181. Arbitrarily adverb aar-buh-treh- When used in reference to a IT WAS ONLY BY Some local
ruh-lee judge‘s ruling in a case, ARBITRARILY government
arbitrary means based on ISOLATING AND THEN units in the
individual discretion rather TAKING CERTAIN Philippines
than a fair application of the STATEMENTS MADE enforces rules
law. BY PRIVATE arbitrarily
RESPONDENTS OUT and
OF CONTEXT THAT unreasonably.
PETITIONER WAS ABLE
TO TREAT THESE AS
―JUDICIAL
ADMISSIONS‖
SUFFICIENT TO
 LEGAL TERMS
ESTABLISH A PRIMA
FACIE AND
THEREAFTER A
CONCLUSIVE CASE TO
JUSTIFY THE
FORFEITURE OF THE
SWISS FUNDS.

182. Testimonial noun the-stuh- a statement of a witness in Under Section 27, Rule During the
mow-nee-uhl court, usually on oath, 130 of the Rules of court hearing,
offered as evidence of the Court, the General and the witness of
truth of what is alleged. Supplemental the victim
Agreements, as well as stated his
the other written and testimonial
testimonial statements and the case
submitted in relation become
thereto, are expressly stronger.
barred from being
admissible in evidence
against private
respondents.

183. Fraud noun fraad any intentional act or
omission designed to deceive
others, resulting in the victim
suffering a loss and/or the
perpetuator achieving a gain.
The definitive resolution He spent ten
of such cases on the years in jail
merits is thus long for fraud.
overdue. If there is proof
of illegal acquisition,
accumulation,
misappropriation, fraud
or illicit conduct, let it
be brought out now. Let
ownership of these
funds and other assets
be finally determined
and resolved with
dispatch, free from all
the delaying
technicalities and
annoying procedural
sidetracks.

184. Attested verb uh-the-stuhd Testimony or confirmation
that something is true,
genuine, or authentic. An
attestation is frequently in
writing.
The Bureau of Internal This paper of
Revenue attested that deed should
after a diligent search of be attested by
pertinent records on file at least three
with the Records witnesses.
Division, they did not
find any records
involving the tax
transactions of spouses
Ferdinand and Imelda
in Revenue Region No.1,
Baguio City, Revenue
Region No.4A, Manila,
Revenue Region
No.4B1, Quezon City
and Revenue No.8,
Tacloban, Leyte.

185. Cumulative adjective kyoo-myuh- forming a heap; additional; 21. In Schedule C, the There‘s a
luh-tuhv as. Cumulative evidence, or net cumulative cumulative
that which goes to prove the disposable income impact to
same point which has been amounts to these
established by other P6,756,301.00 or challenges
evidence. US$980,709.77. This is that it
the amount that couldn‘t be
represents that portion underestimat
of the Marcoses income ed.
that is free for
consumption, savings
and investments.

186. Clandestinely adverb klan-deh- That which is done in secret 23. The following Refugees from
stuhn-lee and contrary to law. presentation very North Korea
Generally, a clandestine act clearly and entered
in case of limitation of overwhelmingly show in border in
actions will prevent the act detail how both Mainland
from running. respondents China
clandestinely stashed clandestinely,
away the country‘s by swimming
wealth to Switzerland in the sea.
and hid the same under
layers of foundations
and other corporate
entities to prevent its
detection.

187. Liquidation noun li-kwuh-day- To liquidate assets means to 29. On March 18, 1986, After two and
shn convert non-liquid assets by the Marcos-designated half years of
selling them on the open Board of Trustees heavy losses,
market. An individual or decided to liquidate the company
company can voluntarily VIBUR FOUNDATION. A went into
 LEGAL TERMS
liquidate an asset, or can be
forced to liquidate assets
through the bankruptcy
process.
188. Fiduciary adjective fuh-doo-shee- When someone has a
eh-ree fiduciary duty to someone
else, the person with the duty
must act in a way that will
benefit someone else, usually
financially.
189. Summon verb suh-muhn a form of prepared by the
plaintiff and issued by a
court that informs the
defendant that they are being
sued or are required to
appear in court.
190. Allegation noun a-luh-gay-shn a claim of fact not yet proven
to be true. In a lawsuit, a
party puts forth their
allegations in a complaint,
indictment or affirmative
defense, and then uses
evidence at trial to attempt to
prove their truth.
191. Duplicity noun doo-pli-suh- is the error committed when
tee the charge (known as a
count) on an indictment
describes two different
offences. An indictment may
contain more than one count,
but each count must allege
only one offence, so that the
defendant (and the jury) can
know precisely what offences
he or she is accused of.
notice of such liquidation to
liquidation was sent to pay all of
the Office of the Public their debts.
Register on March 21,
1986. However, the
bank accounts and
respective balances of
the said VIBUR
FOUNDATION remained
with SKA.
Two (2) account The fiduciary
categories, namely: CAR appointed by
and NES, were opened the Supreme
on September 10, 1981. Court of the
The beneficial owner of Philippines
AVERTINA was not has managed
made known to the the trust for
bank since the FIDES ten
TRUST CO. acted as consecutive
fiduciary. However, the years.
securities listed in the
safe deposit register of
WINTROP
FOUNDATION Category
R as of December 31,
1980 were the same as
those listed in the
register of AVENTINA
FOUNDATION Category
CAR as of December 31,
1981.
Respondents specifically On December
deny paragraph 5 of the 31, the
Petition in so far as it congress was
states that summons summoned to
and other court hear an
processes may be emergency
served on Respondent report on its
Imelda R. Marcos at the bill.
stated address the truth
of the matter being that
Respondent Imelda R.
Marcos may be served
with summons and
other processes at No.
10-B Bel Air
Condominium 5022 P.
Burgos Street, Makati,
Metro Manila, and
ADMIT the rest.
11. Respondents The allegation
specifically DENY of cyber libel
paragraph 12 of the against her
Petition for lack of was not true.
knowledge sufficient to
form a belief as to the
truth of the allegation
since Respondents were
not privy to the
transactions and that
they cannot remember
exactly the truth as to
the matters alleged.
16. Respondents Suspect A
specifically DENY and suspect B
paragraph 17 of the were accused
Petition insofar as it of duplicity in
attributes willful their serving
duplicity on the part of with both
the late President sides.
Marcos, for being false,
the same being pure
conclusions based on
pure assumption and
not allegations of facts;
and specifically DENY
the rest for lack of
knowledge or
information sufficient to
form a belief as to the
truth of the allegation
since Respondents
cannot remember with
exactitude the contents
of the alleged ITRs or
the attachments
thereto.
 LEGAL TERMS
192. Assertion noun uh-sur-shn means to initiate or pursue
any claims, suit, litigation or
other proceeding before any
legal, judicial, arbitration,
administrative, executive or
other type of body or
tribunal, anywhere in the
world, that has or claims to
have authority to adjudicate
such action.
193. Averment noun uh-vur- a positive statement of facts;
muhnt an allegation; an offer to
justify or prove what is
alleged.
194. Jurisdiction noun jr-uhs-dik- power of a court to adjudicate
shn cases and issue orders.
Territory within which a
court or government agency
may properly exercise its
power.
195. Pretense noun pruh-tens false representations
concerning past or present
facts that are made with the
intent to defraud another.
196. Evasive adjective uh-vay-suhv means tending or seeking to
evade; elusive; intentionally
vague or ambiguous. The
reason for evasiveness may
be to avoid something
unpleasant. When a pleading
requiring response is evasive,
the other party can ask the
court to order for a
unambiguous and definite
pleading.
In their answer, The defendant
respondents failed to strongly
specifically deny each disagree with
and every allegation the assertion
contained in the of the
petition for forfeiture in suspect.
the manner required by
the rules. All they gave
were stock answers like
―they have no sufficient
knowledge‖ or ―they
could not recall because
it happened a long time
ago‖, and, as to Mrs.
Marcos, ―the funds were
lawfully acquired,‖
without stating the
basis of such
assertions.
A defendant must If the witness
specify each material failed to
allegation of fact the present his
truth of which he does evidences
not admit, and within 2 days
whenever practicable, allegation,
shall set forth the averment,
substance of the should be
matters upon which he aware of
relies to support his punishment.
denial. Where a
defendant desires to
deny only a part of an
averment, he shall
specify so much of it as
is true and material and
shall deny the
remainder.
The purpose of The Supreme
requiring respondents Court of the
to make a specific Philippines
denial is to make them ruled the
disclose facts which will National
disprove the allegations Bureau of
of petitioner at the trial, Investigation
together with the to stand-by
matters they rely upon and wait for
in support of such the go signal
denial. Our jurisdiction of the
adheres to this rule to Philippine
avoid and prevent National
unnecessary expenses Police as the
and waste of time by court‘s
compelling both parties jurisdiction.
to lay their cards on the
table, thus reducing the
controversy to its true
terms.
Moreover, respondents‘ The suspect
denial of the allegations made no
in the petition for pretense of
forfeiture for ―lack of looking for
knowledge or evidences.
information sufficient to
form a belief as to the
truth of the allegations
since respondents were
not privy to the
transactions‖ was just a
pretense.
When matters regarding As the court
which respondents hearing held
claim to have no in the 19th of
knowledge or July, the
information sufficient to suspect,
form a belief are plainly together with
and necessarily within her witnesses,
their knowledge, their they were
alleged ignorance or evasive and
lack of information will made other
not be considered a inconsistent
specific denial. An statements.
unexplained denial of
information within the
control of the pleader,
or is readily accessible
to him, is evasive and is
in insufficient to
constitute an effective
 LEGAL TERMS
denial.

197. Verbiage noun vur-bee-uhj means a few too many words Anyway we look at it, The attorney,
– like the excessive verbiage respondent Marcoses judge, police,
in a legal document. have put forth no real stenographer,
defense. The ―facts‖ and other
pleaded by respondents, court hearing
while ostensibly raising attendees
important questions or were
issues of fact, inn disappointed
reality comprised mere about the
verbiage that was witness‘
evidently wanting in statement,
substance and and this this
constituted no genuine type of
issues for trial. verbiage is
unacceptable.
198. Expeditious adjective ek-spuh-di- means that the department A summary judgement Party B
shuhs complete the report of its is one granted upon revealed their
initial investigative findings motion of a party for an evidences
and recommendations expeditious settlement against Party
concerning the existence of of the case, it appearing A to discharge
probable cause within 6 from the pleadings, the accused
months after its receipt of the depositions, admissions personnel in
complaint. and affidavits that there the most
are no important expeditious
questions or issues of way.
fact posed and,
therefore, the movant is
entitled to judgment as
a matter of law.

199. Annexes verb uh-nek-sses the act of attaching, uniting, In the various annexes The evidences
or joining together in a to the petition for shown last
physical sense; forfeiture, petitioner October was
consolidation. Republic attached annexes to
sworn statements of the evidences
witnesses who had presented in
personal knowledge of today‘s
the Marcoses‘ hearing.
participation in the
illegal acquisition of
funds deposited in the
Swiss accounts under
the names of five groups
or foundations.

200. Semblance noun sem-bluhns a mere semblance of legal
right; something done with
the apparent authority of law
but actually in contravention
of law.
Time and again, this In Beijing,
Court has encountered China, a guy
cases like this which was executed
are either only half- without even
heatedly defended or, if the
the semblance of a semblance of
defense is interposed at a fair trial.
all, it is only to delay
disposition and gain
time.

201. Plaintiff noun playn-tuhf a person who brings a legal Under the rule, the A judge
case against someone in a plaintiff can move for dismissed the
court of law. summary judgement ―at civil case in
any time after the the year 2016
pleading in answer but said the
thereto has been plaintiffs
served.‖ No fixed could revisit
reglementary period is the issue.
provided by the Rules.

202. Nullity noun Nuh-luh-tee Something which may be A judicial declaration of The decision
treated as nothing, as if it did nullity of a previous of the
not exist or never happened. marriage is necessary committee
This can occur by court before a subsequent one can now be
ruling or enactment of a can be legally regarded as a
statute. contracted (Tan vs. nullity.
Mercado, GR No.
137110, August 1,
2001).

203. Marriage noun meh-ruhj an agreement between a man A judicial declaration of This is his
and woman to live together as nullity of a previous second
husband and wife without marriage is necessary marriage.
any legal formalities, followed before a subsequent one
and/or preceded by can be legally
cohabitation on a regular contracted (Tan vs.
basis (usually for seven Mercado, GR No.
years). 137110, August 1,
2001).

204. Bigamy noun bi-guh-mee the condition of having two One who enters into a For instance,
wives or two husbands at the subsequent marriage is a marriage
same time. A marriage in without first obtaining subsequent to
which one of the parties is such judicial a civil union
 LEGAL TERMS
already legally married is
bigamous, void, and ground
for annulment.
205. Void noun voyd referring to a statute,
contract, ruling or anything
which is null and of no effect.
206. Convicted verb kuhn-vik- To adjudge an accused
tuhd person guilty of a crime at
the conclusion of a criminal
prosecution, or after the
entry of a plea of guilty or a
plea of nolo contendere.
207. Affirmed verb uh-furmd To rule (a court decision) to
have been correct
208. Complaint noun kuhm-playnt the first document filed with
the court (actually with the
County Clerk or Clerk of the
Court) by a person or entity
claiming legal rights against
another.
209. Contract noun kon-traek an agreement with specific
terms between two or more
persons or entities in which
there is a promise to do
something in return for a
valuable benefit known as
consideration.
210. Damages noun da-muh-juhz damages claimed and/or
awarded in a lawsuit which
were caused as a direct
foreseeable result of
wrongdoing.
211. Memorandum noun meh-mr-an- a brief writing, note,
dm summary or outline.
212. Evidence noun eh-vuh-dns every type of proof legally
presented at trial (allowed by
the judge) which is intended
to convince the judge and/or
jury of alleged facts material
to the case.
declaration is guilty of bigamy?
bigamy (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
This principle applies The contract
even if the earlier union was void.
is characterized by
statute as "void‖ (Tan
vs. Mercado, GR No.
137110, August 1,
2001).
The assailed Decision Convicted by
affirmed the ruling of his peers on
the Regional Trial Court the jury, the
(RTC) of Bacolod City in young man
Criminal Case No. would face
13848, which convicted several years
herein petitioner of in prison for
bigamy (Tan vs. stealing.
Mercado, GR No.
137110, August 1,
2001).
This ruling was affirmed He affirmed
by the Court in People the country's
v. Aragon,12 which commitment
involved substantially to peace
the same facts (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
The present ruling is I intend to
consistent with our make an
pronouncement in Terre official
v. Terre,21 which complaint.
involved an
administrative
Complaint against a
lawyer for marrying
twice (Tan vs. Mercado,
GR No. 137110, August
1, 2001).
And what constitutes A network of
the crime of bigamy is doctors and
the act of any person hospitals
who shall contract a under
second subsequent contract to
marriage ‗before‘ the provide
former marriage has services.
been legally dissolved
(Tan vs. Mercado, GR
No. 137110, August 1,
2001).
If there are indeed She was
damages caused to her awarded
reputation, they are of $240,000 in
her own willful making damages.
(Tan vs. Mercado, GR
No. 137110, August 1,
2001).
In her Memorandum, He told them
respondent prays that of his decision
the Court set aside the in a
ruling of the Court of memorandum
Appeals insofar as it .
denied her claim of
damages and attorney‘s
fees (Tan vs. Mercado,
GR No. 137110, August
1, 2001).
After pretrial, Lilia The study
asked that she be finds little
allowed to present evidence of
evidence to prove, overt
among others, that her discriminatio
first husband had n.
previously been married
to another woman (Tan
vs. Mercado, GR No.
137110, August 1,
2001).
 LEGAL TERMS
213. Indictment noun uhn-dite- a charge of a felony (serious At the pith of the She intended
muhnt crime) voted by a Grand Jury controversy is the the film to be
based upon a proposed defense of the absolute an indictment
charge, witnesses' testimony nullity of a previous of the media.
and other evidence presented marriage in an
by the public prosecutor indictment for
(District Attorney). bigamy (Tan vs.
Mercado, GR No.
137110, August 1,
2001).

214. Judgement noun juhj-muhnt the final decision by a court
in a lawsuit, criminal
prosecution or appeal from a
lower court's judgment,
except for an "interlocutory
judgment," which is tentative
until a final judgment is
made.
Under Article 40 of the I don't think
Family Code, ‗the he's
absolute nullity of a dishonest,
previous marriage may but I question
be invoked for purposes his
of remarriage on the judgement.
basis solely of a final
judgment declaring
such previous marriage
void (Tan vs. Mercado,
GR No. 137110, August
1, 2001).

215. Jurisprudence noun juh-ur-sproo- the entire subject of law, the To be sure, After the war,
dns study of law and legal jurisprudence regarding he earned a
questions. the need for a judicial doctorate in
declaration of nullity of jurisprudence
the previous marriage from the
has been characterized Brooklyn Law
as "conflicting‖ (Tan vs. School.
Mercado, GR No.
137110, August 1,
2001).

216. Opinion noun uh-pi-nyn the explanation of a court's The majority opinion, He has very
judgment. penned by my esteemed strong
brother, Mr. Justice political
Artemio V. Panganiban, opinions.
enunciates that it is
only a judicially decreed
prior void marriage
which can constitute a
defense against the
criminal charge (Tan vs.
Mercado, GR No.
137110, August 1,
2001).

217. Petition noun puh-ti-shn a formal written request to a Before us is a Petition The petition
court for an order of the for Review on Certiorari opposes the
court. assailing the July 14, closures.
1998 Decision of the
Court of Appeals (CA)1
in CA-GR CR No. 19830
and its January 4, 1999
Resolution denying
reconsideration (Tan vs.
Mercado, GR No.
137110, August 1,
2001).

218. Sentence noun sen-tns the punishment given to a WHEREFORE, finding Lawyers will
person convicted of a crime. the guilt of accused Dr. always try to
Vincent Paul G. lower your
Mercado a.k.a. Dr. sentence.
Vincent G. Mercado of
the crime of Bigamy
punishable under
Article 349 of the
Revised Penal Code to
have been proven
beyond reasonable
doubt, [the court hereby
renders] judgment
imposing upon him a
prison term of three (3)
years, four (4) months
and fifteen (15) days of
prision correccional, as
minimum of his
indeterminate sentence,
to eight (8) years and
twenty-one (21) days of
prision mayor, as
maximum, plus
accessory penalties
provided by law (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
 LEGAL TERMS
219. Witness noun wit-nuhs a person who testifies under
oath in a trial (or a deposition
which may be used in a trial
if the witness is not available)
with first-hand or expert
evidence useful in a lawsuit.
220. Case noun kays short for a cause of action,
lawsuit, or the right to sue
(as in "does he have a case
against Jones?").
221. Charge noun chaarj in a criminal case, the
specific statement of what
crime the party is accused
(charged with) contained in
the indictment or criminal
complaint. In jury trials, the
oral instructions by the judge
to the jurors just before the
jury begins deliberations.
222. Claim verb klaym to make a demand for money,
for property, or for
enforcement of a right
provided by law.
223. Declaration noun deh-klr-ay- a written statement made
shn "under penalty of perjury"
and signed by the declarant,
which is the modern
substitute for the more
cumbersome affidavit, which
requires swearing to its truth
before a notary public.
224. Effect noun uh-fekt to carry out (e.g. ―effect
service‖)
225. Legal adjective lee-gl according to law, not in
violation of law or anything
related to the law.
The testimonies of the She gave a
defense witnesses prove witness
this, and we find no statement to
reason to doubt said the police.
testimonies (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
On November 13, 1992, Four officers
or more than a month are
after the bigamy case investigating
was lodged in the the case.
Prosecutor‘s Office,
accused filed an action
for Declaration of
Nullity of Marriage
against Ma. Thelma V.
Oliva in RTC-Br. 22,
Cebu City, and in a
Decision dated May 6,
1993 the marriage
between Vincent G.
Mercado and Ma.
Thelma V. Oliva was
declared null and void
(Tan vs. Mercado, GR
No. 137110, August 1,
2001).
Accused is charged He has
[with] bigamy under admitted the
Article 349 of the murder
Revised Penal Code for charge.
having contracted a
second marriage with
herein complainant Ma.
Consuelo Tan on June
27, 1991 when at that
time he was previously
united in lawful
marriage with Ma.
Thelma V. Oliva on
April 10, 1976 at Cebu
City, without said first
marriage having been
legally dissolved (Tan
vs. Mercado, GR No.
137110, August 1,
2001).
In her Memorandum, A lot of lost
respondent prays that property is
the Court set aside the never
ruling of the Court of claimed.
Appeals insofar as it
denied her claim of
damages and attorney‘s
fees (Tan vs. Mercado,
GR No. 137110, August
1, 2001).
A judicial declaration of A declaration
nullity of a previous of income
marriage is necessary
before a subsequent one
can be legally
contracted (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
Acquitting him, the The bill will
Court held that the come to an
second marriage was effect after
void ab initio because it approval.
had been contracted
while the first marriage
was still in effect (Tan
vs. Mercado, GR No.
137110, August 1,
2001).
Whether or not the Should the
element of previous use of this
legal marriage is drug be made
present in order to legal?
convict the petitioner
(Tan vs. Mercado, GR
No. 137110, August 1,
2001).
 LEGAL TERMS
226. Meritorious adjective meh-ruh-taw- something that has value or
ree-uhs that is deserving of praise or
rewards.
227. Statutory adjective sta-chuh-taw- governed by a written law,
ree e.g. ―statutory interest‖
228. Respondent noun ruh-spaan- the party who is required to
dnt answer a petition for a court
order or writ requiring the
respondent to take some
action, halt an activity or
obey a court's direction.
229. Commit verb kuh-mit a judge's order sending
someone to jail or prison,
upon conviction or before
trial, or directing that a
mentally unstable person be
confined to a mental
institution.
230. Complainant noun kuhm-play- a person or entity who begins
nuhnt a lawsuit by filing a
complaint and is usually
called the plaintiff, or in some
cases the petitioner.
231. Decision noun duh-si-zhn judgment, decree or
determination of findings of
fact and/or of law by a judge,
arbitrator, court,
governmental agency or other
official tribunal (court).
232. Decree noun duh-kree in general, synonymous with
judgment. However, in some
areas of the law, the term
decree is either more
common or preferred as in
probates of estates, domestic
relations (divorce), admiralty
The Petition is not Of all his
meritorious (Tan vs. achievements,
Mercado, GR No. winning the
137110, August 1, gold medal
2001). was definitely
his most
meritorious.
In this light, the The authority
statutory mooring of the failed to carry
ruling in Mendoza and out its
Aragon – that there is statutory
no need for a judicial duties.
declaration of nullity of
a void marriage -- has
been cast aside by
Article 40 of the Family
Code (Tan vs. Mercado,
GR No. 137110, August
1, 2001).
Respondent, on the 60 percent of
other hand, admits that the
the first marriage was respondents
declared null and void agreed with
under Article 36 of the the
Family Code, but she suggestion.
points out that that
declaration came only
after the Information
had been filed (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
Since the second He denied
marriage was obviously conspiring to
void and illegal, the commit
Court ruled that there robberies in
was no need for a April last
judicial declaration of year.
its nullity. Hence, the
accused did not commit
bigamy when he
married for the third
time. This ruling was
affirmed by the Court in
People v. Aragon, which
involved substantially
the same facts (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
On October 5, 1992, a The
letter-complaint for complainant
bigamy was filed by 's room was
complainant through rearranged to
counsel with the City make it more
Prosecutor of Bacolod suitable for
City, which eventually her.
resulted [in] the
institution of the
present case before this
Court against said
accused, Dr. Vincent G.
Mercado, on March 1,
1993 in an Information
dated January 22, 1993
(Tan vs. Mercado, GR
No. 137110, August 1,
2001).
Before us is a Petition The power of
for Review on Certiorari decision
assailing the July 14, remained with
1998 Decision of the the directors
Court of Appeals (CA)1
in CA-GR CR No. 19830
and its January 4, 1999
Resolution denying
reconsideration (Tan vs.
Mercado, GR No.
137110, August 1,
2001).
No judicial decree is Local
necessary to establish inspectors
the invalidity of a void helped
marriage (Tan vs. enforce
Mercado, GR No. presidential
137110, August 1, decrees.
 LEGAL TERMS
law and in equity (court
rulings ordering or
prohibiting certain acts).
233. Fraud noun Fraad wrongful or criminal
deception intended to result
in financial or personal gain.
2001).
Written by Raffy T. We are
Tulfo (Tulfo), the required to
article reported that a provide
certain Michael C. Guy information to
(Guy), who was then authorized
being investigated by benefit fraud
the Revenue Integrity investigators
Protection Service of the when false
Department of Finance benefit claims
for tax fraud, went to are
former Department of suspected.
Finance Secretary
Juanita Amatong
(Secretary Amatong's)
house to ask for help.

234. Reputation noun reh-pyuh-tay- a person's good name, honor Claiming that the article He made his
shn or what the community has tainted his reputation
thinks of him/her reputation, Guy filed fighting them.
before the Office of the
City Prosecutor of
Makati City a
Complaint-Affidavit
against Tulfo and the
following
representatives of
Abante Tonite's
publisher, Monica
Publishing Corporation:
(1) Allen Macasaet; (2)
Nicolas V. Quijano, Jr.;
(3) Janet Bay; (4) Jesus
P. Galang; (5) Randy
Hagos; (6) Jeany
Lacorte; and (7) Venus
Tandoc (collectively,
Macasaet, et al.).

235. Prosecution noun pra-si-kyu- In criminal law, the It ruled that the The new
shan government attorney prosecution was able to society was
charging and trying the case establish by proof finally
against a person accused of a beyond reasonable discredited as
crime. doubt the elements of a result of
the crime. this
prosecution.

236. Pecuniary adjective pi-kyu-ne-er- Relating to money, as in Citing Articles 2216, His pecuniary
e ―pecuniary loss.‖ 2224, and 2225 of the troubles were
Civil Code, he claims now at an
that temperate damages end.
may be awarded even
without competent
proof, as long as the
court finds that the
victim has incurred
some pecuniary loss.

237. Libelous adjective li-ba-las containing or constituting a Petitioner further claims The Partner's
libel. to have had good only
standing in the responsibility
community, which the will be to
libelous article ensure that
destroyed. materials
placed on
their website
are not
libelous or
otherwise
unlawful.

238. Felonious adjective fa-lo-ne-as Referring to an act done with While an act or Penal slavery
criminal intent. The term is omission is felonious for not more
used to distinguish between a because it is punishable than seven or
wrong which was not by law, it gives rise to less than
malicious, and an intentional civil liability not so three years,
crime, as in ―felonious much because it is a or
assault,‖ which is an attack crime but because it imprisonment
meant to do real harm. caused damage to for not more
another. than two
years, with or
without hard
 LEGAL TERMS
labor, may be
imposed for a
felonious
rescue.

239. Jurisprudence noun jur-as-prud- The entire subject of law, the Accordingly, In other
ans study of law and legal jurisprudence holds words, the
questions that if there is a jurisprudence
dismissal of a criminal system is the
case by the trial court most visible
or if there is an manifestation
acquittal of the of Spanish
accused, it is only the influence.
OSG that may bring an
appeal on the criminal
aspect representing the
People.

240. Acquittal noun a-kwit-al what an accused criminal It is a fundamental He bought his
defendant receives if he/she principle in remedial acquittal from
is found not guilty. It is a law that if the trial an attendant
verdict (a judgment in a court dismisses the at the
criminal case) of not guilty case or renders a hearing, and
judgment of acquittal. his accusers
were
executed.

241. Appellee noun a-pa-le In some jurisdictions the When the Court of LeCroy‘s
name used for the party who Appeals, in making its counsel,
has won at the trial court findings, went beyond according to
level, but the loser (appellant) the issues of the case an appellee‘s
has appealed the decision to and the same is brief
a higher court. contrary to the submitted in
admissions of both 2013, hired a
appellant and appellee. psychiatrist to
analyze him.
242. Plaintiff noun plan-taf the party who institutes a Thus, if the plaintiff In a lawsuit,
legal action or claim (as a fails to take the witness the plaintiff
counterclaim stand and testify as to chose to enter
his/her social his own plea.
humiliation, wounded
feelings and anxiety.

243. Petitioner noun pa-ti-sha-nar One who signs and/or files a Petitioner maintains The top court
petition that contrary to the ruled that
Court of Appeals' when a
findings, there is factual petition
and legal basis for the accuses a
award of actual public person
damages. of breaking
the law, the
petitioners
must have
knowledge of
facts
indicating an
intent to
break the law.

244. Defendant noun di-fen-dant the party sued in a civil Moral damages are When a
lawsuit or the party charged awarded to enable the defendant
with a crime in a criminal injured party to obtain receives a
prosecution means, diversions or claim form,
amusements that will he or she
serve to alleviate the must file an
moral suffering he/she acknowledgm
has undergone, by ent of service.
reason of the
defendant's culpable
action.

245. Regime noun ra-zhem a system of principles, rules, It shall state the names Increased
or regulations for and ages of the common indebtedness
administration (as of children of the parties is an
property) and specify the regime inevitable
governing their property effect of such
relations, as well as the a regime.
properties involved.

246. Memorandum noun me-ma-ran- A record (as a note) which is It may require the Office I‘ve been
dam used by a party seeking to of the Solicitor General given the task
enforce an otherwise oral to file its own of writing a
agreement in accordance with memorandum if the memorandum
the Statute of Frauds to case is of significant outlining why
prove that the other party interest to the State. we haven‘t
agreed to a contract and made any
which need not contain all progress.
the terms of the contract
 LEGAL TERMS
itself
247. Prejudice noun pre-ja-das Injury or detriment to one‘s Section 24. Effect of The police do
legal rights or claims (as from death of a party; duty of not want to
the action of another): as the Family Court or prejudice an
Appellate Court. - (a) In investigation.
case a party dies at any
stage of the proceedings
before the entry of
judgment, the court
shall order the case
closed and terminated,
without prejudice to the
settlement of the estate
in proper proceedings in
the regular courts.

248. Nullity noun na-la-te Something which may be Who may file. – A It hears all
treated as nothing, as if it did petition for declaration divorce and
not exist or never happened of absolute nullity of nullity of
void marriage may be marriage
filed solely by the applications,
husband or the wife. (n) in addition to
the standard
chancery
jurisdiction.

249. Void adjective Void Referring to a statute, Section 1. Scope – This From 1884
contract, ruling or anything Rule shall govern through
which is null and of no effect petitions for declaration 1910,
of absolute nullity of Mexico's
void marriages and history was
annulment of voidable practically
marriages under the void of
Family Code of the political
Philippines. warfare.

250. Annulment noun a-nal-mant a declaration by a court that If the party dies after The grounds
a marriage is invalid the entry of judgment of for obtaining
nullity or annulment, a civil
the judgment shall be annulment,
binding upon the as well as
parties and their how to
successors in interest in petition for
the settlement of the one.
estate in the regular
courts.

251. Conjugal adjective kan-ja-gal of or relating to marriage or If there is no adequate It is

to married persons and their provision in a written reasonable to
relationships agreement between the assume that
parties, the petitioner such a ritual
may apply for a would have
provisional order for an adverse
spousal support, the effect on
custody and support of conjugal
common children, loyalty.
visitation rights,
administration of
community or conjugal
property, and other
matters similarly
requiring urgent action.

252. Prosecutor noun pra-si-kyu-tar a government attorney who If the public prosecutor A public
presents the state's case finds that collusion prosecutor
against the defendant in a exists, he shall state the represents
criminal prosecution on the finding of the
collusion within ten government
days from receipt of a in each
copy of a report. department.

253. Denial noun di-nial refusal to grant or allow Notice of Appeal within In any case,
something fifteen days from notice any denial
of denial of the motion would be
for reconsideration or readily
new trial. recognized as
a lie.

254. Certiorari noun sersh-oh- An extraordinary writ issued Settled is the rule that By issuing a
rare-ee by a superior court (as the only questions of law writ of
Supreme Court) to call up the may be raised in a certiorari, it
records of a particular case petition for review on can transfer
from an inferior judicial body certiorari any matter to
(as a Court of Appeals) the supreme
court or the
 LEGAL TERMS
supreme
court can
accept
jurisdiction of
any of its
cases, but
otherwise its
decisions are
final.
255. Complainant noun kam-pla-nant The party (as a plaintiff or It is well-settled that in The winning
petitioner) who makes the criminal cases where complainant
complaint in a legal action or the offended party is the did not have
proceeding State, the interest of the to pay any
private complainant or court costs.
the private offended
party is limited to the
civil liability.

256. Allege transitive a-lej to state without proof or It ruled that they failed Unfortunately
verb before proving to allege and present , some
―evidence of besmirched consumers
reputation or physical, allege that the
mental, or psychological bag selection
suffering incurred by is too limited
them.‖ for the prices
charged.
257. Causal adjective ko-zal Of, relating to, or constituting The causal connection Nature is
a cause of petitioner‘s suffering required for
to respondents‘ act. mind as a
machine
guided by a
changeless
causal law.
258. Redress noun ri-dres relief from distress SECTION 4. No law No false hope,
shall be passed no redress, no
abridging the freedom of going back.
speech, of expression,
or of the press, or the
right of the people
peaceably to assemble
and petition the
government for redress
of grievances.

259. Plea noun Ple a defendant's answer to a Accordingly, the A guilty plea
plaintiff's claim in civil Regional Trial Court is also
litigation ordered that a plea of required for
not guilty be entered for the second
all of them. charge.

260. Insolvency noun in-sal-van-se the fact or state of being SIX THOUSAND PESOS The term
insolvent (P6,000.00) with ―bankrupt‖ is
subsidiary used to
imprisonment, describe
insolvency in
in case of insolvency. individuals.

261. Probative adjective pro-ba-tiv serving or tending to prove "[This] Court is not a The evidence
trier of facts and it is was not
not its duty to review, probative, did
evaluate, and weigh the not meet the
probative value of the authenticity
evidence adduced before standard, and
the lower courts." was unjustly
harmful to
the defense,
according to
the
complaints.
262. Indemnity noun in-dem-na-te Security against hurt, loss, or While no proof of Members of
damage pecuniary loss is the Senate
necessary in order that and House of
moral damages may be Commons
awarded, the amount of each receive a
indemnity being left to $3000 annual
the discretion of the indemnity
court, it is nevertheless plus a travel
essential that the allowance.
claimant should
satisfactorily show the
existence of the factual
basis of damages and
its causal
connection to
 LEGAL TERMS
263. Petition noun puh·ti·shn a formal written request,
typically one signed by many
people, appealing to authority
with respect to a particular
cause.
264. Motion noun the action or process of
moving or being moved.
"the laws of planetary
motion"
265. Certiorari noun sersh-oh- a writ (order) of a higher
rare-ee court to a lower court to send
all the documents in a case
to it so the higher court can
review the lower court's
decision
266. Merit noun meh·ruht the intrinsic rights and
wrongs of a case, outside of
any other considerations.
267. Tenure noun ten·yr the conditions under which
land or buildings are held or
occupied.
268. Remuneration noun Remuneration means any
money or its equivalent given
or passed to any person for
services rendered by him and
includes perquisites as
defined under the Income-tax
Act, 1961. Sample 1.
269. Compliant Adjective inclined to agree with others
or obey rules, especially to an
excessive degree;
acquiescent.
270. Petitioner noun a person who makes a formal
application to a court for a
writ, judicial action in a suit,
etc.
271. Stipulated Verb demand or specify (a
requirement), typically as
part of a bargain or
agreement.
defendant‘s acts.
This resolves a Petition The defendant
for Review on filed a petition
Certiorari1 under Rule for
45 of the 1997 Rules of reconsideratio
Civil Procedure filed by n.
petitioners
Petitioners asked the The motion
National Labor towards the
Relations Commission company has
to partially reconsider been done.
its March 28, 2014
Decision. However, their
Motion was denied by
the National Labor
Relations Commission
in a Resolution dated
May 21, 2014.18
Aggrieved, petitioners
filed before the Court of
Appeals a Petition for
Certiorari under Rule
65 of the 1997 Rules of
Civil Procedure.
On March 3, 2017, the
Court of Appeals
dismissed their Rule 65
Petition for lack of merit
and sustained the
March 28, 2014
Decision and May 21,
2014 Resolution of the
National Labor
Relations Commission.
Ultimately, petitioners
argue that, as regular
employees, they are
accorded the right to
security of tenure and,
therefore, their
dismissal was illegal for
want of just or
authorized cause.
Further, GMA asserts
that the "service fees"
given to the workers
were "not compensation
paid to an employee,
but rather
remuneration for the
services rendered" as
pinch-
hitters/freelancers.
It claims that it only
monitored the
performance of their
work to ensure that the
"end result" is
compliant with
company standards.
GMA adds that, even
assuming that an
employer-employee
relationship did exist
between them,
petitioners could not
have attained regular
status considering their
failure to render "at
least one year of
service" as required by
law.
Accordingly, Ventura's
employment was
automatically
terminated upon the
happening of the day
certain stipulated in the
contract. GMA further
maintains that it may
not be obliged to re-
 LEGAL TERMS
272. Injunction noun a judicial order that restrains
a person from beginning or
continuing an action
threatening or invading the
legal right of another, or that
compels a person to carry out
a certain act, e.g., to make
restitution to an injured
party.
273. Trier Of Facts Noun the judge in a bench trial or
jury in a jury trial that
carries the responsibility of
determining the issues of fact
in a case
274. Jurisdiction noun ju·ris·dic·tion the official power to make
legal decisions and
judgments.
275. Quasi-Judicial adjective A proceeding conducted by
an administrative or
executive official that is
similar to a court proceeding,
e.g. a hearing. A court may
review a decision arising from
a quasi-judicial proceeding.
276. Discretion Noun dis·cre·tion Discretion has the meaning
of acting on one's own
authority and judgment. In
law, discretion as to legal
rulings, such as whether
evidence is excluded at a
trial, may be exercised by a
judge.
277. Assailed Verb as·sail make a concerted or violent
attack on.
278. Rulling Verb an official or authoritative
decision, decree, statement,
or interpretation (as by a
judge on a point of law)
ruling.
279. Four-Fold-Test The four-fold test pertains
to the selection and
engagement of the employee,
payment of wages, the power
of dismissal, and the power of
control over the employee's
conduct.
280. Assertion Noun as·ser·tion means to initiate or pursue
any Claim, suit, litigation or
other proceeding before any
legal, judicial, arbitration,
administrative, executive or
other type of body or
tribunal, anywhere in the
world, that has or claims to
have authority to adjudicate
such action.
engage Ventura.37
the general injunction
that Rule 45 petitions
are limited to questions
of law;
This Court is not a trier
of facts.
Well-settled is the rule
that the jurisdiction of
this Court in a petition
for review on certiorari
under Rule 45 of the
Revised Rules of Court
is limited to reviewing
only errors of law, not of
fact, unless the factual
findings complained of
are completely devoid of
support from the
evidence on record, or
the assailed judgment is
based on a gross
misapprehension of
facts.
Besides, factual
findings of quasi-
judicial agencies like
the [National Labor
Relations Commission],
when affirmed by the
Court of Appeals, are
conclusive upon the
parties and binding on
this Court.42 (Citations
omitted, emphasis in
the original)
Our power of review is
limited to the
determination of
whether the [Court of
Appeals] correctly
resolved the presence or
absence of grave abuse
of discretion on the part
of the [National Labor
Relations Commission].
Furthermore, Rule 45
limits us to the review
of questions of law
raised against the
assailed [Court of
Appeals] decision.
Did the [Court of
Appeals] correctly
determine whether the
[National Labor
Relations Commission]
committed grave abuse
of discretion in ruling
on the case?
A four-fold test has
been applied in
determining the
existence of an
employer-employee
relationship. In Begino
v. ABS-CBN:
Yet, its denial of an
employer-employee
relationship, coupled
with the claim that it
merely exercised control
over the output required
of petitioners,56 is an
implicit assertion that it
engaged petitioners as
independent
 LEGAL TERMS
281. Contracts A contract is a legally binding
agreement that defines and
governs the rights and duties
between or among its parties.
A contract is legally
enforceable when it meets the
requirements of applicable
law. A contract typically
involves the exchange of
goods, services, money, or a
promise of any of those.
282. Exhaustively Serving or tending to
exhaust; exhibiting all the
facts or arguments; as, an
exhaustive method.
283. Provision Noun pro·vi·sion a condition or requirement in
a legal document.
284. Contracting Out refers to an arrangement
Of Law whereby a principal agrees to
farm out to a contractor the
performance or completion of
a specific job or work within a
definite or predetermined
period, regardless of whether
such job or work is to be
performed or completed
within or outside the
premises .
285. Circumvention Noun cir·cum·ven·ti the action of overcoming a
on problem or difficulty, typically
in a clever and surreptitious
way.
286. Principal In commercial law,
a principal is a
person, legal or natural, who
authorizes an agent to act to
create one or
more legal relationships with
a third party.
287. Legitimate Adjective le·git·i·mate conforming to the law or to
rules.
contractors.
This is consistent with
petitioners' allegation
that they were made to
sign contracts
indicating that they
were "talents" or
independent contractors
of GMA.5
This Court exhaustively
discussed the nature of
an independent
contractor relation
in Fuji Television
Network, Inc. v.
Espiritu:
Art. 106. Contractor or
subcontractor. —
Whenever an employer
enters into a contract
with another person for
the performance of the
former's work, the
employees of the
contractor and of the
latter's subcontractor, if
any, shall be paid in
accordance with the
provisions of this Code.
The Secretary of Labor
and Employment may,
by appropriate
regulations, restrict or
prohibit the
contracting-out of labor
to protect the rights of
workers established
under this Code.
In so prohibiting or
restricting, he may
make appropriate
distinctions between
labor-only contracting
and job contracting as
well as differentiations
within these types of
contracting and
determine who among
the parties involved
shall be considered the
employer for purposes
of this Code, to prevent
any violation or
circumvention of any
provision of this Code.
an arrangement
whereby a principal
agrees to put out or
farm out with a
contractor the
performance or
completion of a specific
job, work or service
within a definite or
predetermined period,
regardless of whether
such job, work or
service is to be
performed or completed
within or outside the
premises of the
principal.
This department order
also states that there is
a trilateral relationship
in legitimate job
contracting and
subcontracting
arrangements among
the principal,
contractor, and
employees of the
 LEGAL TERMS
288. Jurisprudence ju·ris·pru·de Noun the theory or philosophy of
nce law.
 contractor: individuals

289. Bilateral Adjective bi·lat·er·al A bilateral contract is a
contract in which both
parties exchange promises to
perform. One party's promise
serves as consideration for
the promise of the other. As a
result, each party is an
obligor on that party's own
promise and an obligee on
the other's promise.
( compare: unilateral
contract)
290. Breach Of Breach of contract is a legal
Contract cause of action and a type of
civil wrong, in which a
binding agreement or
bargained-for exchange is not
honored by one or more of
the parties to the contract by
non-performance or
interference with the other
party's performance.
291. Sanctions an action that is taken or an
order that is given to force a
country to obey international
laws by limiting or stopping
trade with that country, by
not allowing economic aid for
that country,
292. Provision noun pro·vi·sion a condition or requirement in
a legal document.
293. Surcharge Noun ˈsərˌCHärj A penalty charge if tax is paid
late.
Is an added liability imposed
on something that is already
due, such as a tax on tax. It
also refers to the penalty a
court can impose on a
fiduciary for breaching for
breaching a duty.
contractor.
Jurisprudence has
recognized another kind
of independent
with unique skills and
talents that set them
apart from ordinary
employees.
In other words, the
relationship is bilateral.
Sonza was unable to
prove that ABS-CBN
could terminate his
services apart from
breach of contract.
Brent School, Inc. v.
Zamora71 recognized
another category: fixed-
term employees. Fixed-
term employment
sanctions the possibility
of a purely contractual
relationship between
the employer and the
fixed-term employee,
provided that certain
requisites are met.
Consequently, terms
and conditions
stipulated in the
contract govern their
relationship,
particularly with respect
to the duration of
employment.
as is evident from the
provisions of
Article 295 of the Labor
Code, quoted
earlier, the principal
test for determining
whether particular
employees are properly
characterized as
"project employees" as
distinguished from
"regular employees," is
whether or not the
"project employees"
were assigned to carry
out a "specific project or
undertaking," the
duration (and scope) of
which were specified at
the time the employees
were engaged for that
project.
(c) The fines to be Due to the
imposed for any wrong filing of
violation of the ITR or willful
provisions of this Code neglect to file
shall not be lower than the return, he
the fines imposed will be
herein or twice the imposed by
amount of taxes, the court a
interests, and surcharge of
surcharges due from 50% of the his
the taxpayer, whichever basic tax due.
is higher."
 LEGAL TERMS
294. Amend Noun əˈmend To fix, to improve, to modify Sec. 2. Section 253 of The Congress
or revise a document. the National Internal vote to amend
Amendment Revenue Code, as the law
amended, is hereby regarding the
further amended to read fine for Tax
as follows: Evasion and
agree for
additional 2%
of the tax for
the late
payments.
295. Evade Verb i-ˈvād Defeat the intention of a (law Sec. 253. Attempt to Mark Perol
or rule), especially while evade or defeat tax. — made a
e-ˈvād complying with it's letter. Any person who serious
willfully attempts in any offense for
A subtle device to set aside manner to evade or trying to
the truth, or escape the defeat any tax imposed evade his tax
punishment of the law. under this Code or the due so he will
payment thereof shall, be fined for
in addition to other not less than
penalties provided by thirty
law, upon conviction thousand
thereof, be fined not pesos but not
less than Thirty more than
thousand pesos but not one hundred
more than One hundred thousand
thousand pesos and pesos and will
suffer imprisonment of suffer
not less than two years imprisonment
but not more than four of two to four
years." years.

296. Provision Noun pro·vi·sion | A condition or requirement in "(c) The fines to be Upon
\ prə-ˈvi-zhən a legal document. imposed for any examining his
violation of the contract, he
A statement within an provisions of this Code realized there
agreement or a law that a shall not be lower than was a
particular thing must happen the fines imposed provision that
or be done, especially before herein or twice the he can get
another can happen or be amount of taxes, back 15% of
done. interests, and his deposit
surcharges due from without extra
the taxpayer, whichever charge.
is higher."

297. Extortion ex·tor·tion | Is the wrongful use of actual Those guilty of extortion Jurisdictions
\ ik-ˈstȯr- or threatened force, violence, or willful oppression classified
shən or intimidation to gain money through the use of his extortion as a
or property, or to their family office. crime against
or friends. property or
robbery
related
offense but
the threat of
harming a
person is an
element of the
offense.
298. Compensation Noun com·pen·sa· Is payment or remuneration Those who knowingly The total
tion | \ ˌkäm- for work or services demand other or greater compensation
pən-ˈsā-shən performed or for harm sums than are the victims
suffered. authorized by law or received from
receive any fees, the court has
A pecuniary remedy that is compensation, or reached two
awarded to an individual who reward, except as by million dollars
has sustained an injury in law prescribed, for the for the
order to replace the loss performance of any duty damage and
caused by said injury. hospital bills
they have to
cover.
299. Defraud verb de·fraud | To deprive of something by Those who conspire or He was
\ di-ˈfrȯd deception or fraud. collude with another or proven not
others to defraud the guilty and the
revenues or otherwise evidences
violate the provisions of show that he
this Code; didn't defraud
anyone and
all his actions
is legal in all
terms.
300. Misstatement Noun mis·state | Is to state incorrectly; give a "(2) Certifies financial Declaring a
\ ˌmis-ˈstāt- false account statements of a false
ment business enterprise information or
containing an essential misstatement
misstatement of facts or is a penal
omission in respect of offense and is
the transactions, punishable by
taxable income, law.
deduction, and
exemption of his client;
 LEGAL TERMS
301. Conformity Adjective con·for·mi·ty | Compliance with standards, Offers any taxpayer the Freedom of
\ kən-ˈfȯr-mə- rules or laws. Conformity to use of accounting speech the
tē regulations. bookkeeping records for citizen has
internal revenue been affected
purposes not in and must be
conformity with the in conformity
requirements prescribed with the Anti-
in this Code or Terror Law.
regulations
promulgated thereunder

302. Promulgate Verb
303. Conviction
pro·mul·gate | To make known or public the Offers any taxpayer the The most
\ ˈprä-məl- terms of a proposed law. use of accounting debated bill
ˌgāt bookkeeping records for has been
To put a law into action or internal revenue approved by
force purposes not in the president
conformity with the and will now
requirements prescribed be
in this Code or promulgated.
regulations It will take
promulgated thereunder effect on 18th
of July, 2020.
con·vic·tion | Is an adjudication of a Fails to keep the books Since it was
\ kən-ˈvik- criminal's defendant's guilt; of accounts or records his first
shən specifically, it is the act or mentioned in Section conviction for
judicial process of finding a 232 in a native theft, she was
criminal defendant guilty of a language, English, or given a less
charged offense. Spanish, or to make a severe
true and complete sentence.
Refers to the outcome of a translation as required
criminal trial. in Section 234 of this
Code, or whose books of
accounts or records
kept in a native
language, English, or
Spanish, and found to
be at material variance
with books or records
kept by him in another
language, shall, upon
conviction for each act
or omission, be
punished by a fine of
not less than Thirty
thousand pesos but not
more than Fifty
thousand pesos and
suffer imprisonment of
not less than two years
but not more than six
years.

304. Penal Adjective Pe-nal Relating to, used for, or Sec. 255. Penal liability Smoking
prescribing the punishment of corporations. — Any outside the
of offenders under the legal corporation, smoking
system. association, or general premises is a
co-partnership liable for penal offense.
any of the acts or Penalty for
omissions penalized doing so can
under this Code, in be fined from
addition to the penalties five hundred
imposed herein upon pesos to ten
the responsible thousand
corporate officers, pesos and to
partners, or employees, the extent of
shall, upon conviction cancellation
for each act or and
omission, be fined not revocation of
less than Fifty thousand franchise or
pesos but not more business
than One hundred permit.
thousand pesos."

305. Liability li·a·bil·i·ty Responsibility or answerable Sec. 256. Penal liability The evidences
in law; legally obligated. Legal for making false entries, proved that
liability concerns both civil records, or reports. — they have the
law and criminal law and can (a) Any independent legal liability
arise from various areas of certified public in the recent
law, such as contracts, torts, accountant engaged to car accident
taxes, or fines given by examine and audit that has
government agencies. books of accounts of happened last
taxpayers under 3rd of
subparagraph (a) of January,
Section 232 and any 2021 that has
person under his resulted
direction collision of
two cars
hence they
will be
sentenced
accordingly.
 LEGAL TERMS
306. Exempt ig-ˈzem(p)t Person who are not bound by
law, but excused from the
performance of duties
imposed upon others.
Sec. 262. Unlawful Under the
possession or removal Train Law, if
of articles subject to a Filipino is
excise tax without earning less
payment of the tax. — than two
Any person who owns hundred fifty
and/or is found in thousand per
possession of imported year, they are
articles subject to excise exempted
tax, the tax on which from paying
has not been paid in income tax.
accordance with law, or
any person who owns
and/or is found in
possession of imported
tax-exempt articles
other than those to
whom they are legally
issued shall be
punished

307. Stamp Noun ˈstämp An impression made on Makes, imports, sells, As a general
paper, by order of the or uses, or possesses rule, a person
government, which must be without express who are able
used in reducing certain authority from the to sign must
contracts to writing. Commissioner any die use their
for printing or making handwritten
stamps, labels, tags, or signatures. If
playing cards people use
their
fingerprints or
a signature
stamp to affix
a seal it will
not be
deemed valid
even if it's
approved by
official
authorities.
308. Fraudulent Adverb ˈfrȯ-jə-lənt In a way that involves Sells or offers for sale The
deception, especially criminal any box or package authorities
Fro-je-lent deception. containing articles are now
subject to excise tax investigating
with false, spurious, or fraudulent
counterfeit stamps or claims for the
labels or sells from any fire damage.
such fraudulent box,
package, or container
as aforesaid

309. Summons Noun ˈsə-mənz Is a form prepared by the Failure to obey She had
plaintiff and is issued by a summons. — Any received
Sa-manz court that informa the person who, being duly summons to
defendant that they are being summoned to appear to appear in the
sued or are required to testify, or to appear and court but due
appear in court. produce books of to the failure
accounts, records, to attend she
memoranda, or other lost the case
papers, or to furnish by default.
information as required
under the pertinent
provisions of this Code

310. Memoranda Noun ˌme-mə-ˈran- Neuter plural form of neglects to appear or to The authors
də Memorandum produce such books of of the bill
accounts, records, memoranda
memoranda, or other are now
papers, or to furnish expected to
A brief writing, note, such information, shall, decide how
summary of decision. upon conviction, be what they
fined not less than Five have written
thousand pesos but not should
more than Ten appear to the
thousand pesos and congress.
suffer imprisonment of
not less than one year
but not more than two
years."

311. Extortion Noun ik-ˈstȯr-shən Is the practice of obtaining Those guilty of extortion The
benefit through coercion. In or willful oppression harassment
Ik-stor-shen most jurisdictions it is likely through the use of his charged to
to constitute a criminal office him was
offenses. reduced from
extortion to
the assault of
harrasment i
n exchange
for the plea.
 LEGAL TERMS
312. Decrees Noun di-ˈkrēs Is an order handed down by a All laws, decrees, Upon
judge that resolves the issues orders, rules and reviewing,
Dee-krees in a court case. regulations, and other there are still
issuances inconsistent a handful
with the provisions of decrees of
this Act are hereby political
repealed or amended nature worth
accordingly. y of
consideration
s since it is
not previously
discussed.
313. Tariff Noun ˈter-əf A tax or duty to be paid on a A fine of not less than A general
particular class of imports or Ten thousand pesos but tariff was
Ter-if exports. not more than Twenty imposed on
thousand pesos and foreign
suffer imprisonment of imports.
not less than two years According to
but not more than four this, there is
years in the appraised a very high
value, to be determined tariff
in the manner especially on
prescribed in the Tariff jewelries.
and Customs Code,
including duties and
taxes, of the articles
exceed One thousand
pesos but does not
exceed Fifty thousand
pesos;

314. Amnesty Noun ˈamnəstē an official pardon for people Sec. 4. Amount of The
who have been convicted of Amnesty Tax. — A government
am-nes-tee political offenses. taxpayer who wishes to granted an
avail of the tax amnesty amnesty for
"an amnesty for political shall pay an amnesty prisoners with
prisoners" tax equivalent to ten good moral
percent (10%) of the and record
amount of foreign during their
currencies and/or sentence.
securities repatriated to
the Philippines.

315. Tax Return Noun Taks ri-ˈtərn Is a form of forms filed with a Schedule of Payment. — Filing a tax
tax authority that reports The amnesty tax herein return is a
Taks re-tern income, expenses and other imposed shall be paid duty of a
pertinent tax information. within two (2) months citizen.
from the filing of the Failing to do
amnesty tax return. If so will result
the amnesty tax is not to fines or
paid within the imprisonment
prescribed period, a .
surcharge equivalent to
twenty-five percent
(25%) of the unpaid
amount shall be paid;
otherwise, the
application for tax
amnesty shall be
denied.

316. Amnesty Tax Noun ˈam-nə-stē as a limited-time offer by the Pay the amnesty tax The city
government to a specified herein imposed within officials will
Am-nes-tee group of taxpayers to pay a the prescribed period take off the
taks defined amount, in exchange gloves
for forgiveness of a tax tomorrow
liability (including interest when the tax
and penalties), relating to a amnesty
previous tax period (s), as period ends.
well as freedom from legal
prosecution.
317. Taxpayer Noun ˈtaks-ˌpā-ər may be an individual or Sec. 6. Conditions of This proposal
business entity that is Tax Amnesty. — A could cost the
obligated to pay taxes to a taxpayer who wishes to taxpayer
federal, state, or local avail of the tax amnesty another two
government. Taxes from both shall: million pesos
individuals and businesses a year.
are a primary source of
revenue for governments. (1) File the following
documents with the
Bureau of Internal
Revenue within the
period herein prescribed

318. Civil Noun ˈsi-vəl the part of the legal system The taxpayer shall be They were
that relates to personal relieved of any civil, married in a
See-vil matters, such as marriage criminal or civil ceremony
and property, rather than administrative liabilities in May.
crime. arising from or incident
to the availment of the
tax amnesty herein
 LEGAL TERMS
granted, which are
actionable under the
National Internal
Revenue Code, the
Revised Penal Code, the
Anti-graft and Corrupt
Practices Act, the
Revised Administrative
Code, the Civil Service
laws and regulations,
laws and regulations on
immigration and
deportation, or any
other applicable law

319. Administrative Noun əd-ˈmi-nə- The taxpayer's tax

ˌstrā-tiv amnesty declaration
shall not be admissible
ad·min·is·tra· in evidence in all
tive proceedings before
judicial, quasi- judicial
or administrative bodies
in which he is a
defendant or
respondent, and the
same shall not be
examined, inquired or
looked into by any
person, government
official, bureau or office

320. Criminal Liability Noun ˈkrim-nəl responsibility for any illegal
behaviour that causes harm
Krim-nal or damage to someone or
something: He acknowledged
damaging a house without
authorization, but a jury
acquitted him of any criminal
liability.
The taxpayer shall be Criminal law
relieved of any civil, is consist of
criminal or crime,
administrative liabilities criminal
arising from or incident liability and
to the availment of the penalty.
tax amnesty herein
granted, which are
actionable under the
National Internal
Revenue Code, the
Revised Penal Code, the
Anti-graft and Corrupt
Practices Act, the
Revised Administrative
Code, the Civil Service
laws and regulations,
laws and regulations on
immigration and
deportation, or any
other applicable law

321. Divulgence Noun dəˈvəljəns the action of revealing private Sec. 9. Unlawful Among all
or sensitive information. Divulgence of Amnesty problems, the
Dee-vel-jens Tax Declaration. — It divulgence of
shall be unlawful for secret data on
any person having hard disk
knowledge of such caused by a
statement/payment to variety of
disclose any reasons may
information relative be the one
hereto and violation mostly
hereof shall subject the concerned.
offender to
imprisonment of not
more than five (5) years
and/or a fine of not
more than Five
thousand pesos
(P5,000). chan robles
virtual law library

322. Judicial Noun jü-ˈdi-shəl of or relating to a judgment,
the function of judging, the
Ju-dee-shal administration of justice, or
the judiciary judicial
processes judicial powers.
The taxpayer's tax Frank takes
amnesty declaration judicial
shall not be admissible proceedings
in evidence in all against his
proceedings before employer.
judicial, quasi- judicial
or administrative bodies
in which he is a
defendant or
respondent, and the
same shall not be
examined, inquired or
looked into by any
person, government
official.

323. Law Noun l-o the system of rules which a She was certified as a Always obey
particular country or specialist by the Law the law.
community recognizes as Society of Ontario in the
 LEGAL TERMS
regulating the actions of its areas of Estates and
members and which it may Trusts and Civil
enforce by the imposition of Litigation.
penalties.
324. Civil Noun civ-il Is relating to ordinary citizens She was certified as a I know you-re
and their concerns, as specialist by the Law upset but
distinct from military or Society of Ontario in the please try be
ecclesiastical matters. areas of Estates and civil.
Trusts and Civil
Litigation.

325. Advocate Noun Ad-vo-cate Is a person who argues for or Janet built a reputation It is the job
supports a cause or policy. as a skilled advocate for of the parent
her clients in court. to advocate
for their child.
326. Trustees Verb Truh-steez A trustee is a person or firm Neither had any My auntie is
that holds and administers children and they the trustee of
property or assets for the agreed to be the estate my cousin.
benefit of a third party. trustees of each other‘s
wills.

327. Estate Noun Es-tate Is commonly, all the Doug was very My family has
possessions of one who has successful in the estate in
died and are subject to advertising business London.
probate (administration and when he died, he
supervised by the court) and left an estate worth
distribution to heirs and approximately $2
beneficiaries. million.

328. Will Noun Wi-ll Is a Will is a legal declaration A Will prepared by a My grandma‘s
of the intention of the lawyer, naming Sylvain, Will, will
testator, with respect to his Doug‘s sister and her always be
property which he desires to two children as carried by our
be carried into effect after his beneficiaries; family.
death.

329. Humane Noun Hyoo-mayn Generally the term humane is A photocopy of the Will The humane
characterized by tenderness, with handwritten treatment of
compassion, and sympathy notations as to minor the animals
for people and animals, esp. bequests to the Liberal was also a
for the suffering or Party, the Humane major
distressed: humane Society and the priority.
treatment of horses. University of Ottawa;

330. Bequests Verb Buh-kwest A bequest is a financial term
describing the act of giving
assets such as stocks, bonds,
jewelry, and cash, to
individuals or organizations,
through the provisions of a
will or an estate plan.
A note Doug wrote the 50,000 pesos
day before his death was the
that was clearly largest
addressed to Sylvain, in bequest my
which he mentioned a uncle gave to
few additional minor the churh.
bequests to his sister
and her children, then
stated that he wanted to
―leave the rest to you to
choose from as you see
fit.‖

331. Lawyer Noun Loy-ur A person, who through a
regular program of study, is
learned in legal matters and
has been licensed to practice
his or her profession.
He had already retained We need to
and dismissed three get a lawyer
previous lawyers and for the family.
very few steps had been
taken on the file.

332. Complex Adjective Com-plex Is a complex suggests the
unavoidable result of a
necessary combining and
does not imply a fault or
failure.
After speaking with She is less
Sylvain and reviewing mysterious
his file, Janet realized and complex
that the problem was than anyone
not that he was a I‘ve ever met.
difficult client, but that
the matter had been too
complex for his previous
lawyers to competently
handle.

333. Client Noun Klai-uhnt A person who employs or
retains an attorney to
represent him or her in any
legal business; to assist, to
counsel, and to defend the
individual in legal
proceedings; and to appear
on his or her behalf in court.
It was 3 p.m. on Friday, client‘s in
September 21, 2018, team A are so
and Janet Darden had appropriate.
promised to contact her
client, Sylvain Pelletier,
by the end of the day.

334. Litigation Noun Lit-i-ga-tion Litigation refers to the When she first met This litigation
process of resolving disputes Sylvain Pelletier, who filled the state
by filing or answering a had been referred to her and federal
complaint through the public by a friend in a courts for
court system. boutique litigation firm, many years.
 LEGAL TERMS
she was reluctant to
take him on as a client.

335. Inventory Verb In-vuhn-taw- a written list or catalog of the
ree property of an individual,
organization, or estate or
succession that is made by a
fiduciary under oath and that
usually describes and assigns
a value to the items or
classes of property.
Sylvain‘s previous We made an
lawyers had never inventory of
explained his duties as the library's
an estate trustee to him collection.
and he was upset to
learn from Janet that he
should have made an
inventory of Doug‘s
non-monetary assets
before distributing the
property to the
beneficiaries.

336. Beneficiaries Noun Beh-nuh-fi- A third-party beneficiary of a He showed Janet letters According to
shee-eh-reez contract is a person whom he received from some the will of his
the parties intend to benefit of the other father, he‘s
from its provisions but who is beneficiaries the chief
not a party to the contract. complaining about how beneficiary.
long it was taking him
to settle the estate.

337. Codicil Noun Cod-i-cil A document that amends a A Codicil to the Will, Before my
previously executed will. stipulating that Doug grandfather
wanted to leave his died, he wrote
Rolex watch to his a codicil to
nephew Jack, and his his will, a will
late wife‘s wedding ring that my father
to his niece, Amanda; will inherit all
and his
belongings.

338. Consult Verb Con-sult Consult refers to the act of Janet consulted her A lawyer is
seeking opinion or advice of partners and obtained consulting the
some professional such as a various opinions as to client for
doctor or a lawyer. what to advise Sylvain. information.

339. Principle Noun Prin-ci-ple It refers to a law or rule that She needed to find a Principle is
has to be, or usually is to be solution that would always in the
followed. meet the client‘s court.
objectives without
sacrificing her
principles and duties as
a lawyer.

340. Trusts Noun Truhst Generally, a trust is a right in The lawyer who handled Relationships,
property (real or Doug‘s matter just prior especially
personal) which is held in a to Janet did not have family should
fiduciary relationship by one very much experience in have trusts in
party for the benefit of the estates and trusts one another.
another. area, so before he
applied for a Certificate
of Appointment of
Estate Trustee, he
requested a written
opinion from a senior
lawyer on how to
identify the last Will
and Testament.

341. Notation Noun No-ta-tion A notation is the act of
making a memo- randum of
some special circumstance on
a probate or letters of
administration.
The senior lawyer‘s Bone plaque
advice was to set aside markings,
the note that Doug perhaps even
wrote to Sylvain the day in the lunar
before he died and calendar,
consider the photocopy clearly
of the Will with the represent
handwritten notations notation.
and the Codicil to be
the deceased‘s last Will
and Testament.

342. Reluctant Adjective Re-luc-tant Is a reluctant witness loath She considered Courts are
implies hesitancy because of obtaining Sylvain‘s rightly relucta
conflict with one's opinions, consent to call the other nt to judge
predilections, or liking. lawyer and discuss the what
matter, but was statements in
reluctant to appear to political ads
be criticizing his are merely
opinion. misleading.

343. Judge Noun Juhj Is a person who is in charge
of a trial in a court and
decides how a person who is
guilty of a crime should be
punished, or who makes
If a judge agreed with The will
the opinion to set aside decide what
the note, the client will happen
would feel that he had inside the
wasted his time and
 LEGAL TERMS
decisions on legal matters. money by following court.
Janet‘s advice.

344. Objective Adjective Uhb-jek- In simple terms, objective She needed to find a The objective
tuhvs mens rea asks what would solution that would of the lawyer
have been in the mind of a meet the client‘s is to win his
reasonable person. objectives without client.
sacrificing her
principles and duties as
a lawyer.

345. Testament Noun The-stuh- The appointment of an The lawyer who handled Father‘s will
muhnt executor or testamentary Doug‘s matter just prior and
heir, according to the to Janet did not have testament.
formalities prescribed by law. very much experience in
the estates and trusts
area, so before he
applied for a Certificate
of Appointment of
Estate Trustee, he
requested a written
opinion from a senior
lawyer on how to
identify the last Will
and Testament.

346. Liberalism Adjective li-br-uhl If Nonpolitical, this is an A photocopy of the Will My parents
entity that favors social with handwritten are
solutions to economic, social, notations as to minor very liberal an
and other problems, and bequests to the Liberal d open so
favors less law and restriction Party. we'll be fine.
to personal freedoms.
347. Duty Noun Requirement to perform some Sylvain‘s previous Our business
conduct required by law, lawyers had never is to do our
custom, morality, or personal explained his duties as duty , to fight
commitment. an estate trustee to him and not to
and he was upset to think!
learn from Janet that he
should have made an
inventory of Doug‘s
non-monetary assets
before distributing the
property to the
beneficiaries.

348. Competent Adjective Kaam-puh-tnt it refers to the ability to act in
the circumstances, including
the ability to perform a job or
occupation, or to reason or
make decisions. In both
criminal and civil procedure,
a court of competent
jurisdiction is a court with
the power to adjudicate the
case before it.
After speaking with These are
Sylvain and reviewing highly
his file, Janet realized professional,
that the problem was highly compet
not that he was a ent people.
difficult client, but that
the matter had been too
complex for his previous
lawyers to competently
handle.

349. Retain Verb Ruh-tayn TO RETAIN, practice. To He had already Chances are
engage the services of an retained and dismissed it will help
attorney or counsellor to three previous lawyers them retain y
manage a cause, at which and very few steps had our
time it is usual to give him a been taken on the file. information
fee, called the retaining fee. better and
The act by which the attorney use it more
is authorized to act in the effectively.
case is called a retainer.

350. Boutique verb Boo-teek A boutique law firm is a When she first met a boutique
collection of attorneys Sylvain Pelletier, who law firm
typically organized in a had been referred to her is typically a
limited liability by a friend in a small law firm
partnership or professional boutique litigation firm, of under 20
corporation specializing in a she was reluctant to attorneys.
niche area of law practice. take him on as a client.

351. Certainty Noun Sur-tuhn-tee Legal certainty is considered an immediate

important to the rule of law transfer
as citizens who perceive the would be
law as fair and a certainty.
comprehensible may be more
likely to follow it.
352. Acquisition noun a-kwuh-zi- May be temporary or The Monetary Board Your loan has
shn perpetual, and the procured shall not permit an acquisition
either for a valuable commercial banks to interest rate
consideration. invest in securities of 10% for
having maturities three months
greater than three years and this
from the date of interest will
acquisition by the bank increase after
an amount in excess of the three-
twenty per cent (20%) of month.
 LEGAL TERMS
its total deposits.
(Republic Act No. 337,
Section 21, July 24,
1948)

353. Aggregate Noun Ag-gre-gate A collection of particular The aggregate Mr. Tesoro
persons of items. investments in this wants to
class shall not exceed know if the
ten per cent (10%) of dates of every
the total assets of the students has
bank. the exact
amount base
(Republic Act No. 337, on the files
Section 31, July 24, that we
1948) aggregate.
354. Albeit Noun Al-be-it Means even though or As it was established Albeit the one
although or notwithstanding. that its employees customer is
performed the acts shouting at
causing the loss in their the bank I
official capacity or explain to him
authority albeit for their with the
personal and private correct and
gain or benefit. right attitude.
(G.R. No. 227990,
March 7, 2018)

355. Assurance Noun As-sur-ance Any act or action, whether In their Complaint, One of our
written or oral. respondents alleged client
that Robles committed accounts is in
fraud in the the assurance
performance of his of our bank
duties as branch manager.
manager when he lured
Tobias in signing
several pieces of blank
documents, under the
assurance as bank
manager of petitioner,
everything was in order.
(G.R. No. 227990,
March 7, 2018)

356. Authorization Noun Au-tho-ri-za- Is a kind of agreement These loans were Ms. Cruz gave
Letters tion let-ter between the person. obtained by an
respondents, secured by authorization
their deposits with the letter that she
petitioner, and executed will only pay
with corresponding an 50,000 for
authorization letters this month.
allowing the latter to
debit from their account
in case of default.
(G.R. No. 227990,
March 7, 2018)

357. Depositor Noun De-pos-i-tor A person who keeps money in The savings deposit We cannot
a bank account. agreement between the process your
bank and the depositor transaction
is the contract that because we
determines the rights need the
and obligations of the permission
parties. and signature
of the
(Second Division, G.R. depositor.
No. 141835, February
4, 2009)

358. Disclosure Noun Dis-clo-sure A financial document given to The falsification was I will send an
Statement a participant in a transaction committed in bank loan disclosure
State-ment explaining key information in application, promissory statement for
plain language. note, checks and your concerns
disclosure statement, by tomorrow.
among others, which
are commercial
documents.
(G.R. No. 240458,
January 08, 2020)

359. Estafa Noun Es-ta-fa Wrongful or criminal The complex crime of One of our
deception intended to result estafa through client have
in financial or personal gain. falsification of been victim in
documents is estafa.
committed when the
offender commits on a
public, official or
commercial document
any of the acts of
falsification enumerated
in Article 171 as a
 LEGAL TERMS
necessary means to
commit estafa.
(G.R. No. 240458,
January 08, 2020)

360. Executory Noun Ex-ecu-to-ry That which is yet to be fully Such termination shall The decision
executed or performed. be final and executory, becomes final
and shall be effective and executory
upon publication of the if no appeal is
notice of termination in filed on time.
a newspaper of general
circulation.
(Republic Act No.
10846, Section 13, May
23, 2016)

361. Ex Officio Adjective Ex of-fi-ci-o As a result of one's status or The Governor of the An ex officio
position. Bangko Sentral ng member of
Pilipinas who shall be the board has
ex officio member of the been already
Board without in the
compensation. meeting.
(Republic Act No.
10846, Section 3, May
23, 2016)

362. Ex Parte Adjective Ex par-te Done with respect to or in the The petition shall be A few days
interests of one side only or filed ex parte within a later she
of an interested outside reasonable period from regretted her
party. receipt of the Monetary actions and
Board Resolution applied ex
placing the bank under parte for a
liquidation. residence
order.
(Republic Act No.
10846, Section 29, May
23, 2016)

363. General Ledger Noun Gen-er-al The record of final entry General Ledger Our boss Ms.
Accountant which shows a summary of Accountant of Ford on Dela Cruz
Led-ger the current balances of the the pretext that there wants to have
credit union's accounts and has been an error in the a copy of the
Ac-coun-tant the results of operations for computation of tax, he general ledger
the period, and acts as a then directed PCIB to accountant
control over numerous issue two manager's for the past 6
postings to the individual or checks in replacement months.
subsidiary ledgers. thereof.
(G.R. No. 227990,
March 7, 2018)

364. Hoarding Noun Hoard-ing The undue accumulation by
a person or combination of
persons of any basic
commodity beyond his or
their normal inventory levels
It is hereby declared to I know that
be the policy of the we can
Government to give handle our
encouragement to the debts but this
people to deposit their sort of
money in banking hoarding is
institutions and to extremely
discourage private rare.
hoarding so that the
same may be properly
utilized by banks in
authorized loans to
assist in the economic
development of the
country.
(Republic Act No. 1405,
Section 1, September 9,
1955)

365. Indebtedness Noun In-debt-ed- The state, of being in debt, Evidences of We have the
ness without regard to the ability indebtedness of the records of the
or inability of the party to pay Republic of the indebtedness
the same. Philippines and of the of the city
Central Bank, and any bank.
other evidences of
indebtedness or
obligations the servicing
and repayment of which
are fully guaranteed by
the Republic of the
Philippines. (Republic
Act No. 337, Section 22,
July 24, 1948)

366. Jurisdiction Noun Ju-ris-dic- Power of a court to adjudicate The Bangko Sentral The city bank
tion cases and issue orders. shall have regulatory will not have
authority over, and an original
conduct regular or jurisdiction
special examinations of,
entities which under
 LEGAL TERMS
this Act or by special
laws are subject to its
jurisdiction.
(Seventeenth Congress
Third Regular Session,
Republic Act No. 11211,
Section 8, February 14,
2019)

367. Liquefied Verb Liq-ue-fy-ed Is one that is fixed in a In normal times the The bank
document of debt Central bank may account of
rediscount against our clients
paper evidencing a loan must be
granted by a rural bank liquefied by
to any of its customers this week.
which can be liquefied
for a period of three
hundred sixty (360)
days.
(Republic Act No. 7353,
Section 16, April
02,1992)

368. Monetary Board Noun Mon-e-tary It is tasked to deliberate, The Monetary Board of We should
discuss, and make the Central Bank of the have a
bord recommendations on Philippines shall meeting for
monetary policy formulate the necessary the monetary
rules and regulations board of the
governing the banks.
establishment and
operation of rural banks
for the purpose of
providing adequate
credit facilities to
farmers and merchants,
or to cooperatives of
such farmers and
merchants and in
general, the people of
the rural communities,
and to supervise the
operation of such
banks.
(Republic Act No. 7353,
Section 3, April
02,1992)

369. Mortgage Noun Mort-gage A legal document by which It further stressed that Detailed
the owner (i.e., the buyer) White Marketing information
transfers to the lender an acquired all the rights about the
interest in real estate to of Metrobank in the best possible
secure the repayment of a mortgage contract, mortgage
debt which was eventually refinance
assigned to CGAM3. loans that
(Second Division, G.R. works for you.
no. 222407, November
23, 2016)

370. Petition Noun Pe-ti-tion A formal application in The petition is benefit or The court
writing made to a court or merit. should act on
other official body requesting the petition to
judicial action of some (Second Division, G.R. freeze within
character No. 141835, February 12 hours from
4, 2009) filing it.
371. Plaintiff Noun Plain-tiff The party who initiates a The plaintiff may Plaintiff does
lawsuit (against the recover damages, but not contend
defendant) the courts shall mitigate that the
the damages to be explanation
awarded. was
inadequate.
(Second Division, G.R.
No. 141835, February
4, 2009)

372. Predecessor Noun Pre-de-ces-sor This term is applied in Appointment to any Mr. Castro
particular to corporators who vacancy shall be only has seen as
are now no longer such, and for the unexpired term more
whose rights have been of the predecessor business-
vested in their successor pursuant to Republic minded than
Act No. 10149. his
predecessor.
(Republic Act No.
10846, Section 3, May
23, 2016)

373. Preemption Noun Pre-emp-tion The idea that a higher The registered The open offer
authority of law will displace stockholders shall have the pre-
the law of a lower authority of the right of preemption emption
law when the two authorities within one (1) year from rights of
come into conflict. the date of offer in existing
 LEGAL TERMS
proportion to their shareholders
respective holdings, but of the bidder.
in the absence of such
buyer, preference,
however, shall be given
to residents of the
locality or province
where the rural bank is
located.
(Republic Act No. 7353,
Section 4, April
02,1992)

374. Remittances Noun Re-mit-tances Money sent by one merchant Act as correspondent of We already
to another, either in specie, banks and institutions taking up
bill of exchange, draft or to handle remittances some actions
otherwise or any fund transfers. on the
remittances
(Seventeenth Congress that you gave.
Third Regular Session,
Republic Act No. 11439,
Section 6, August 22,
2019)

375. Revocation Noun Rev-o-ca-tion An annulment or cancellation After the revocation of The
of a statement or agreement. such license the revocation
Solicitor General shall had not
take such proceedings however been
as may be proper to promulgated.
protect creditors of such
foreign bank or banking
institution and the
public.
(Republic Act No. 337,
Section 16, July 24,
1948)

376. Shareholders noun Share-hold- The owner of one or more The Development Bank The bank has
ers shares of stock in a of the Philippines or any made steady
corporation government-owned or – progress in
controlled bank or spite of
financial institution, the innumerable
registered private difficulties,
shareholders of the and paid a
rural bank shall have fair dividend
the right of preemption to its
within one (1) year from shareholders.
the date of offer in
proportion to their
respective holdings.
(Republic Act No. 7353,
Section 8, April
02,1992)

377. Sole Account Noun Sol 1 prenominal being the only The appraisal and The treasurer
one. verification of the status will be the
Ac-count of a land is a full sole account
responsibility of the signatory for
rural bank and any loan this.
granted on any land
which shall be found
later to be within the
forest zone shall be for
the sole account of the
rural bank.
(Republic Act No. 7353,
Section 6, April
02,1992)

378. Solvency Noun Sol-ven-cy The status of a person or Inquiring solvency and Financial
entity who has sufficient liquidity of the solvency can
assets to cover their liabilities institution. be a reflection
of your sense
(Article II Authority of of
the Bangko Sentral, responsibility.
Republic Act No. 8791,
May 23, 2000)

379. Subpoena Noun Sub-poe-na A written order to compel an Those who refuse the Some defence
individual to give testimony subpoena without attorney is
on a particular subject justifiable cause, or who trying to
refuse to supply the subpoena her
bank with data to get his
requested or required, pervert off.
shall be subject to
punishment for
contempt in accordance
with the provisions of
the Rule of Court.
(Article IV Operations of
 LEGAL TERMS
the Bangko Sentral,
Republic Act No. 7653,
June 14, 1993)

380. Subsequent Noun Sub-se-quent A happening which For had City trust Subsequent
terminates the duty of a party timely discovered the discussions
to perform or do his/her part. loss/theft and/or on what may
subsequent result in
encashment, their modifications
proceeds or part thereof to the initial
could have been plan.
recovered.
(Second Division, G.R.
No. 141835, February
4, 2009)

381. Subsidiary noun Aiding or supporting in an Any violation of the There is none
inferior capacity or position provisions of this in the
section shall be subsidiary
punished by a fine of senses,
five hundred pesos for because none
each day during which of them
such violation is perceives the
continued or repeated, pressures
and in default of the exerted on
payment thereof, them.
subsidiary
imprisonment as
prescribed by law.
(Republic Act No. 337,
Section 6, July 24,
1948)

382. Demurrer Verb duh·mur·ur A demurrer is a pleading in a To this information the Counsel
lawsuit that objects to or defendant demurred in maintains in
challenges a pleading filed by the court below on the the first
an opposing party. The word grounds: (1) That it assignment of
demur means "to object"; a stated more than one error that the
demurrer is the document offense, and (2) that it demurrer to
that makes the objection. was not drawn in the
accordance with the information
form prescribed by law. should have
The demurrer was been
overruled and the sustained
defendant pleaded not because the
guilty. information
alleged more
than one
offense.
383. Penal Adjective pee·nuhl Relating to, used for, or We cannot accept this Siberia was
prescribing the punishment view. It may be noted for many
of offenders under the legal that the Medical Law years a penal
system. itself, as it appears in colony. The
the Administrative penal code
Code, does not declare was unified
any of the therein and reformed
prohibited acts penal in 1890.
offenses.

384. Thereto Adverb thehr·too Thereto means to the thing The penal provisions The bill and
that was just mentioned, as relating thereto are amendments
in Please complete the form contained in section thereto are
and place it in the envelope 2678 of the Code, which being
attached thereto reads as follows: considered.

385. Alleged Adjective uh·lejd In law, an allegation is a
claim of an unproven fact by
a party in a pleading, charge,
or defense. Until they can be
proved, allegations remain
merely assertions.
In these circumstances It has been
and where, as alleged in alleged that
the information in the Angelo stole
present case, the the money.
various violations have
taken place
simultaneously, we do
not think it was the
intention of the
legislator that each
single act should be
regarded as a separate
offense and separate
informations presented
for each.

386. Possession Noun puh·zeh·shn Possession means the First, with the illegal He
ownership, control, or possession of the pipe; announced
occupancy of any object, second, the illegal that there
asset, or property, by a possession of the would be
person. opium; and third, for more
smoking the opium. stringent
Certainly the legislature controls on
did not intend any such the
consequences. possession of
weapons.
 LEGAL TERMS
387. Objectionable Adjective uhb·jek·shuh· Arousing distaste or It is not objectionable, I found the
nuh·bl opposition; unpleasant or when a single offense violence in
offensive. may be committed by that film
the use of different really
means, to charge, in the objectionable.
alternative, the various
means by which the
crime may have been
committed.

388. Statute Noun sta·choot A written law passed by a The statute makes no This archaic
legislative body. distinction between law remained
illegal practice of on the statute
medicine and illegally books until
advertising oneself as a last year.
doctor. Both are in
violation of the Medical
Law and carry the same
penalty.

389. Merit Noun meh·ruht the quality of being There is no merit These issues
particularly good or worthy, whatever in this merit special
especially so as to deserve contention. Assuming attention. His
praise or reward. without conceding that good work
chiropractic does not merits a raise.
fall within the term She did well
"practice of medicine" in enough to
its ordinary acceptation, merit a
we have the statutory second
definition contained in interview.
section 770 of the
Administrative Code
and which clearly
includes the
manipulations
employed in
chiropractic.

390. Exhibit Noun uhg·zi·buht An exhibit, in a criminal that she was graduated he Notes and
prosecution or a civil trial, is a doctor in chiropractic the Trustee's
physical or documentary on the 13th day of certificate of
evidence brought before the August, 1919, as authenticatio
jury. evidenced by a n shall be
certificate marked substantially
Exhibit I and issued by in the form of
the American University Exhibit A
School of Chiropractic hereto
of Chicago, Illinois."

391. Administrative Adjective uhd·mi·nuh·st the legislative act that We cannot accept this The Medical
Code ray·tuhv kowd systematically presents laws view. It may be noted Law is
pertaining to a certain area of that the Medical Law contained in
administrative legislation. itself, as it appears in sections 758
the Administrative to 783 of the
Code, does not declare Administrativ
any of the therein e Code, and it
prohibited acts penal is argued that
offenses. because some
of the illegal
acts with
which the
defendant is
charged are
prohibited by
section 770 of
the Code and
others by
section 783 of
the Code, the
defendant is
actually
accused of
two separate
and distinct
offenses,
namely, illegal
practice of
medicine and
illegally
representing
oneself as a
doctor.
392. Subsidiary Adjective suhb·si·dee·eh A company which is In accordance with The company
·ree controlled by another section 2678 of the is a wholly-
company (its holding Administrative Code, owned
company). Whether or not sentenced her to pay a subsidiary of
one company is a subsidiary fine of P300, with a large
of another depends effectively subsidiary multinational.
on whether the other imprisonment in case of
company: Holds a majority of insolvency and to pay
the voting rights the costs. From this
judgment the defendant
 LEGAL TERMS
appeals to this court
and presents four
assignments of error.

393. Insolvency Noun in·saal·vuhn·s The state of being insolvent; sentenced her to pay a The company
ee inability to pay one's debts. fine of P300, with was facing
subsidiary insolvency
imprisonment in case of
insolvency and to pay
the costs.

394. Counsel Noun kown·sl The lawyer or lawyers In the first assignment The counsel
conducting a case of error counsel for the
contends that the defense
demurrer to the
information should have
been sustained on the
ground that said
information charged
more than one offense.

395. Contends Verb kuhn·tendz Assert something as a In the first assignment She contends
position in an argument. of error counsel that the judge
contends that the was wrong.
demurrer to the
information should have
been sustained on the
ground that said
information charged
more than one offense.

396. Accused Noun uh·kyoozd A person or group of people The defendant is in The accused
who are charged with or on reality accused of two was ordered
trial for a crime. separate and distinct to stand trial
offenses, namely, illegal on a number
practice of medicine and of charges
illegally representing
oneself as a doctor.

397. Discretion Noun di·skreh·shn Discretion has the meaning
of acting on one's own
authority and judgment. In
law, discretion as to legal
rulings, such as whether
evidence is excluded at a
trial, may be exercised by a
judge.
A person violating any He knew she
provision of the Medical could rely on
Law shall, upon his discretion
conviction, be punished
by a fine of not more
than three hundred
pesos or by
imprisonment for not
more than ninety days,
or both, in the
discretion of the court.

398. Penalized Verb pee·nuh·lized Subject to some form of The offense here If the bill is
punishment. penalized is "violation of not amended,
the Medical Law." genuine
claimants will
be penalized
399. Legislator Noun leh·juh·slay·tr A legislator is a person who As alleged in the The chief
writes and passes laws, information in the ambition of
especially someone who is a present case, the the great
member of a legislature. various violations have conqueror
taken place and legislator
simultaneously, we do was to be a
not think it was the good
intention of the boatswain
legislator that each and a good
single act should be ship's
regarded as a separate carpenter.
offense and separate
informations presented
for each.

400. Complaints Noun kuhm·playnts a complaint is any formal
legal document that sets out
the facts and legal reasons
that the filing party or parties
believes are sufficient to
support a claim against the
party or parties against
whom the claim is brought
that entitles the plaintiff to a
remedy.
401. Committed Adjective kuh·mi·tuhd Feeling dedication and loyalty
to a cause, activity, or job;
wholeheartedly dedicated.
It is not believed that it He is
was the intention of the receiving
legislature to have treatment for
separate complaints her skin
filed against a person complaint.
who was found in the
illegal possession of
opium and a pipe at the
same time.
It is not objectionable, It was a big
when a single offense jump for
may be committed by someone so
the use of different committed to
means, to charge, in the being morally
alternative, the various correct.
means by which the
crime may have been
committed.
 LEGAL TERMS
402. Jurisdictions Noun jr·uhs·dik·shn Jurisdiction is the legal term In harmony with the In some
z for the authority granted to a views of the courts in jurisdictions
legal entity to enact justice. other jurisdictions. there is a
mandatory
death
sentence for
murder
403. Appellant Noun uh·peh·luhnt A person who applies to a Under the second The
higher court for a reversal of assignment of error the appellant's
the decision of a lower court. appellant argues in wife was
substance that acquitted of
chiropractic has aiding and
nothing to do with abetting the
medicine and that the appellant on
practice of that count 4 and
profession can therefore discharged.
not be regarded as
practice of medicine.
There is no merit
whatever in this
contention.

404. Statutory Adjective sta·chuh·taw·r (of a criminal offense) The statutory definition The council
ee carrying a penalty prescribed necessarily prevails over sits for a
by statute. the ordinary one. statutory
period of
three years.
Some of his
statutory
lectures are
published in
his Lectures
on Mediaeval
and Modern
History.
405. Amended Verb uh·men·duhd An amendment is a formal or All of the sections The state is
official change made to a law, enumerated in the title governed
contract, constitution, or quoted relate to the under its
other legal document. same general subject, constitution
namely, defining and of 1889, as
regulating the practice subsequently
of medicine, and section amended.
770 is expressly
mentioned as one of the
sections amended.

406. Constitutionality Noun kaan·sti·too·s Constitutionality is the
huh·na·li·tee condition of acting in
accordance with an
applicable constitution; the
status of a law, a procedure,
or an act's accordance with
the laws or set forth in the
applicable constitution.
In her fourth This court
assignment of error the passes on the
appellant attacks the constitutional
constitutionality of Act ity of all laws,
No. 3111, amending decrees and
section 770 of the regulations
Administrative Code, on
the ground that the
subject of the Act is not
sufficiently expressed in
its title and that it
embraces more than
one subject.

407. Prevails Verb pruh·vayls Prove more powerful than The statutory definition The law still
opposing forces; be necessarily prevails over prevails in
victorious. the ordinary one. some states.

408. Contention Noun kuhn·ten·shn Contention means any suit,
litigation, judicial or
administrative proceeding,
claim, arbitration, criminal
prosecution, formal
investigation, demand letter,
warning letter, notice of
violation or notice of alleged
liability, penalty or fine.
Amending section 770 His
of the Administrative contention
Code, on the ground was that
that the subject of the world trade
Act is not sufficiently barriers
expressed in its title should be
and that it embraces canceled.
more than one subject.
There is no merit in this
contention.

409. Affirmed Verb uh·furmd In the practice of the court of We find no error in the The decision
appeals, it means that the judgment appealed from was affirmed
court of appeals has and the same is by a higher
concluded that the lower therefore affirmed, with court.
court decision is correct and the costs against the
will stand as rendered by the appellant. So ordered.
lower court.
410. Evidence Noun eh·vuh·dns The law of evidence, also Upon this admission There wasn't
known as the rules of and some other any evidence
evidence, encompasses the evidence to the same to suggest
rules and legal principles that effect, the trial court other than an
govern the proof of facts in a found the defendant unfortunate
legal proceeding. guilty as charged in the accident.
information and, in
accordance with section
2678 of the
 LEGAL TERMS
Administrative Code

411. Grave Misconduct noun grave - mis- Grave misconduct is defined A government employee Even on the
ˈkän-(ˌ)dəkt as the transgression of some who is found guilty of first offense, a
established and definite rule grave misconduct may government
of action, more particularly, be dismissed from the employee who
unlawful behavior or gross service even upon the is found
negligence by a public officer first offense guilty of grave
coupled with the elements of misconduct
corruption, willful intent to may be
violate the law or to disregard dismissed
established rules from duty.
412. Illegal Adjective ĭ-lē′gəl In violation of statute, Notably, Ranchez had Notably,
regulation or ordinance, invoked the OGCC‘s Ranchez
which may be criminal or Opinion declaring the referenced the
merely not in conformity. subject memoranda to OGCC's
Thus, an armed robbery is have no binding force Opinion
illegal, and so is an access and effect on electric proclaiming
road which is narrower than cooperatives which is the subject
the county allows, but the contrary to petitioner memos to
violation is not criminal. 2) Bueno‘s stance that the have no
status of a person residing in said regulations remain binding force
a country valid until declared and effect on
illegal by a competent electric
court cooperatives,
contradicting
petitioner
Bueno's
position that
the stated
rules remain
valid until
proven invalid
by a
competent
court.
413. Attested verb at·test·ed To affirm to be correct, true, They attested to what They testified
or genuine: had transpired in the to what
evening of December happened on
17, 1999, specifically, December 17,
that Ganzon had 1999,
threatened and aimed a specifically
firearm at Arlos that Ganzon
threatened
and pointed a
firearm at
Arlos.
414. Forfeiture Noun fôr′fĭ-choor′, - Loss of property due to a It should be understood It should be
chər violation of law. that the penalty of emphasized
dismissal as imposed in that the
this case carries with it dismissal
such accessory penalty
penalties as forfeiture of imposed in
retirement benefits, and this case
disqualification from includes
public employment. additional
penalties
such as the
loss of
retirement
benefits and a
suspension
from public
work.
415. Petition Noun pə-tĭsh′ən a formal written request to a Ganzon appealed by Ganzon filed a
court for an order of the petition for review in the petition for
court. It is distinguished from Court of Appeals (CA), review with
a complaint in a lawsuit submitting the following the Court of
which asks for damages issues, namely: Appeals (CA),
and/or performance by the raising the
opposing party. following
issues:
416. Acquittal Noun ə-kwĭt′l What an accused criminal WHETHER OR NOT The Civil
defendant receives if he/she THE CIVIL SERVICE Service
is found not guilty. It is a COMMISSION CAN Commission
verdict (a judgment in a HOLD LIABLE THE can hold the
criminal case) of not guilty. PETITIONER FOR petitioner
GRAVE MISCONDUCT liable for
DESPITE HIS GRAVE
ACQUITTAL IN THE MISCONDUC
CRIMINAL CASE FILED T even after
AGAINST HIM. his
ACQUITTAL
417. Promulgated transitive prŏm′əl-gāt′, To put (a law, for example) On February 15, 2006, February 15,
verb prō-mŭl′gāt′ into effect by formal public the CA promulgated its 2006, the CA
announcement. assailed decision issued its
affirming the ruling of contested
the CSC judgement,
which upheld
the CSC's
 LEGAL TERMS
conclusion.
418. Cogent Adjective kō′jənt Appealing to the intellect or It is cogent to mention It is
powers of reasoning; that the Revised important to
convincing: a cogent Uniform Rules on note that
argument Administrative Cases in grave
the Civil Service , which misconduct is
governs the conduct of classified as a
disciplinary and non- grave
disciplinary proceedings administrativ
in administrative cases, e violation
classifies grave under the
misconduct as a grave Revised
administrative offense Uniform
Rules on
Administrativ
e Cases in the
Civil Service,
which governs
the conduct
of disciplinary
and non-
disciplinary
hearings in
administrativ
e cases.
419. Dissipate Verb di-sə-ˌpāt to cause (something) to That the firearm The fact that
spread out and disappear exploded when Arlos the handgun
parried Ganzon‘s exploded as
firearm-wielding hand Arlos parried
did not help dissipate Ganzon's
the belief firearm-
wielding hand
did not help
to dispel the
impression.
420. Contemplation Noun kŏn′təm- thoughtful or long Ganzon projects that Ganzon
plā′shən consideration or observation his acts did not contends that
constitute grave his actions
misconduct in the did not
contemplation of the constitute
law because they were grave
not committed in misconduct in
relation to his the eyes of
performance of duty the law since
they were not
undertaken in
the course of
his official
duties.
421. Jurisprudence Noun joor′ĭs- the entire subject of law, the This was the thrust in Thrust of
prood′ns study of law and legal Alarilla v. Alarilla v.
questions Sandiganbayan,19 with Sandiganbaya
the Court citing ample n,19 with the
jurisprudence. Court noting
a ample
jurisprudence
.
422. Allegations Noun ăl′ĭ-gā′shən Law An assertion that The Court resolved that The Court
someone has engaged in an the crime charged was determined
unlawful act. properly within the that the
jurisdiction of the offense
Sandiganbayan because charged was
the amended squarely
information contained within the
allegations showing that Sandiganbaya
Alarilla had taken n's
advantage of his official jurisdiction
functions as municipal since the
mayor when he modified
committed the crime of information
grave threats against includes
the complainant charges that
Alarilla used
his official
responsibilitie
s as
municipal
mayor to
conduct the
crime of grave
threats
against the
complainant.
423. Prejudice Noun prĕj′ə-dĭs) a loss or injury, and refers In this regard, Section Sections 56
specifically to a formal 56 and Section 58 of and 58 of the
determination against a the Revised Uniform Revised
claimed legal right or cause of Rules on Administrative Uniform
action Cases in the Civil Rules on
Service respectively Administrativ
state that the penalty of e Cases in the
 LEGAL TERMS
dismissal shall result in Civil Service
the permanent declare,
separation of the respectively,
respondent from the that the
service, with or without punishment
prejudice to criminal or of dismissal
civil liability will result in
the
respondent's
permanent
removal from
the service,
with or
without
prejudice to
criminal or
civil
culpability.
424. Docketed Noun dŏk′ĭt The calendar of cases that In a Resolution dated Court
the court is scheduled to hear March 12, 2001, this docketed the
is known as the docket. A Court docketed the current case
case is ―docketed‖ when it is instant case as a as a normal
added to the docket, and it is regular administrative administrativ
given a ―docket number‖ at matter and required the e matter in a
that time. The court's docket parties to manifest their Resolution
shows all the official actions willingness to submit dated March
in that case, such as the the case for resolution 12, 2001, and
filing of briefs and orders of based on the pleadings ordered the
the court. filed parties to
express their
desire to
submit the
case for
resolution
based on the
pleadings
submitted.
425. Adjudicated Transitive ə-ˈjü-di-ˌkāt Adjudication refers to the claims adjudicated by a claims
verb legal process of resolving a court of law; decided by a
dispute or deciding a case court of law
426. Justness Adjective Jŭst Law Valid within the law Having admitted the Respondent's
existence of his responsibility
indebtedness and the falls within
justness thereof, the second
respondent‘s obligation type, having
falls under the second accepted the
category. existence and
justness of
his
obligations.
427. Reprimand Transitive re-prə-ˌmand To reprove (someone) It appearing that this is Because this
verb severely, especially in a the first time that appears to be
formal or official way respondent has the first time
committed an offense of respondent
this nature, the penalty has
imposable upon him is committed an
reprimand. offense of this
sort, the
penalty
imposed on
him is
reprimand.
428. Indemnity Noun in-ˈdem-nə-tē the act of making someone We cannot grant civil Cannot offer
"whole" (give equal to what indemnity to the complaint
they have lost) or protected complainant as this is civil
from (insured against) any an administrative case indemnity
losses which have occurred and the Court is not a since this is
or will occur. collection agency. an
administrativ
e action and
the Court is
not a
collection
agency.
429. Memorandum Noun me·mo·ran·du An informal record, in the Ranchez sought Ranchez
m form of a brief written note or reconsideration but requested
outline, of a particular legal NEA Administrator reconsideratio
transaction or document for Bueno, inher letter n, but NEA
the purpose of aiding the dated September 27, Administrator
parties in remembering 2004, denied his Bueno
particular points or for future request and asserted dismissed his
reference. that the subject request in a
memoranda shall be letter dated
fully implemented September
unless and until 27, 2004,
declared illegal or stating that
unconstitutional by a the subject
competent court memos will be
fully
implemented
 LEGAL TERMS
until and
until proven
unlawful or
unconstitutio
nal by a
competent
court.
430. Deferment Noun dĭ-fûr′mənt Putting off to a future time. Ranchez sought Ranchez
In military law, it is the deferment of requested
action of a selective service implementation by the that the
draft board in postponing the Board of Directors of Board of
call of a person within the INEC of NEA‘s decision Directors of
draft to service in the armed on his disqualification INEC
service as Director pending postpone the
resolution of his petition execution of
for review filed before the NEA's
the NEA Board of decision on
Administrators his
disqualificatio
n as Director
until the
result of his
appeal for
review filed
before the
NEA Board of
Administrator
s.
431. Ratified Transitive răt′ə-fī′ To approve or enact a legally The basis of Bueno‘s The NEA
verb binding act that would not February 9, 2001 Board of
otherwise be binding in the memorandum have Administrator
absence of such approval. In been duly ratified by the s properly
the constitutional context, NEA Board of confirmed the
nations may ratify an Administrators on May foundation of
amendment to an existing or 27, 2004 under Bueno's
adoption of a new Resolution No. 56. February 9,
constitution 2001
memorandum
on May 27,
2004 under
Resolution
No. 56.
432. Remedies Noun rĕm′ĭ-dē Law The means of obtaining Division Manager of The NEA's
redress of a wrong or NEA‘s Legal Department Legal
enforcement of a right should have advised the Department
private respondents on Division
the proper remedies. Manager
should have
counseled the
private
respondents
on the
appropriate
remedies.
433. Negligent Ajective nĕg′lĭ-jənt careless in not fulfilling Private respondents in In their
responsibility their position paper position
again discussed the paper, private
case of Mr. Ranchez respondents
which they said belied reviewed Mr.
petitioners‘ averments Ranchez's
in their counteraffidavit case again,
that they were not claiming that
negligent it
contradicted
petitioners'
claims in
their
counteraffidav
it that they
were not
negligent.
434. Allegations Noun ăl′ĭ-gā′shən A claim of fact not yet proven the allegations of the the
to be true. In a lawsuit, a complaint itself and the accusations
party puts forth their facts appearing in the in the
allegations in a complaint, records of the case complaint
indictment or affirmative and the facts
defense, and then uses contained in
evidence at trial to attempt to the case
prove their truth. Courts records
435. Merit Noun mĕr′ĭt Referring to a judgment, The petition has no The petition is
decision or ruling of a court merit without merit.
based upon the facts
presented in evidence and the
law applied to that evidence.
A judge decides a case "on
the merits" when he/she
bases the decision on the
fundamental issues
436. Discretionary Adjective dĭ-skrĕsh′ə- Relating to the policy-making the dismissal on that The dismissal
nĕr′ē function of a public official — ground is not on such
 LEGAL TERMS
see also Federal Tort Claims mandatory and is ground is
Act — compare ministerial discretionary on the optional and
part of the Ombudsman at the
or Deputy Ombudsman discretion of
evaluating the the
administrative Ombudsman
complaint or Deputy
Ombudsman
analyzing the
administrativ
e complaint.
437. Jurisdiction Noun joor′ĭs- The authority given by law to If the communication is If the
dĭk′shən a court to try cases and rule withinthe jurisdiction of communicatio
on legal matters within a the office or agency, the n is under the
particular geographic area official and employee purview of the
and/or over certain types of must official or
legal cases. agency, the
official and
employee
must;
438. Commission Noun kə-mĭsh′ən A fee paid based on a There is nothing in RA There is no
percentage of the sale made 6713 or its requirement
by an employee or agent, as implementing rules that under RA
distinguished from regular requires a finding of 6713 or its
payments of wages or salary. malice or bad faith in implementing
2) a group appointed the commission of the regulations
pursuant to law to conduct administrative offense for a finding
certain government business, defined under Section of malice or ill
especially regulation. 5. faith in the
commission of
the
administrativ
e crime
outlined in
Section 5.
439. Soliciting Verb sə-ˈli-sət the request, encouragement, In a Resolution12 dated It supported
or direction of one person by November 22, 2007, the the MCTC's
another to commit a serious RTC affirmed judgment that
criminal offense. ... petitioner's petitioner
Solicitation is a step toward conviction.13 It upheld "exploited her
the commission of a crime. If the MCTC's finding that position x x x
the person solicited is not petitioner "exploited her in directly, if
legally liable, as in the case of position x x x in not indirectly
a child, the solicitor may be directly, if not indirectly soliciting
guilty of an attempt to solicit. soliciting

440. Quo Verb Kwō A Latin phrases which In a Decision16 dated The SB
signifies from which; November 3, 2017, the confirmed the
example, in the computation SB affirmed the rulings judgements of
of time, the day a quo is not of the courts a quo the courts a
to be counted, but the day ad quo in a
quem is always included. 13 Decision16
Toull. n.52 ; 2 Duv. n.22. A dated
court a quo, the court from November 3,
which an appeal has been 2017.
taken; a judge a quo is a
judge of a court below. 6
Mart.Lo.R. 520; 1
Har.Cond.L.R. 501. See Ad
quem
441. Administration adjective Ad-meen-ees- The management of the Unless they take an The
tray-shen affairs of the government; active part in trials in administratio
this word is also applied to the above form and n was
the persons entrusted with manner and allow expected to
the management of the public counsel to ask handle the
affairs. questions whether election for
pertinent or municipality
impertinent, material, with care and
or immaterial, the honesty.
speedy administration
of justice which is the
aim of the Government
and of the people
cannot be attained.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

442. Amici Curiae noun Ami-chee ‗Friend of the court‘, a person
Kyu-ree-i-e who is not actually involved
in a case as a party but who
brings a matter to the
attention of the court.
Usually, the issue involves
the public interest. It is not a
Indeed, when even in An amici
their own field of curiae was
expertise (law) courts considered on
are allowed to invite a trial to
amici curiae to shed assist on a
light on recondite points murder case.
of law, there is no
 LEGAL TERMS
universally applicable reason for denying them
procedure. assistance on other
subjects.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

443. Arbitrary adjective Uhr-beet- describes a course of action
rare-ee or a decision that is not
based on reason or judgment
but on personal will or
discretion without regard to
rules or standards.
This is a petition for Honorable
certiorari to set aside as judges are not
arbitrary and in grave to make
abuse of discretion arbitrary
resolutions of the decisions
Sandiganbayan's First during a final
Division denying trial.
petitioner's motion for
leave to travel abroad
for medical treatment.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

444. Certiorari noun sersh-oh- a writ (order) of a higher This is a petition for Upon
rare-ee court to a lower court to send certiorari to set aside as rejection of
all the documents in a case arbitrary and in grave the
to it so the higher court can abuse of discretion petitioner‘s
review the lower court's resolutions of the request for
decision Sandiganbayan's First restraining
Division denying order, he
petitioner's motion for petitioned for
leave to travel abroad certiorari and
for medical treatment. re-
assessment.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

445. Conviction Noun Kon-veek- The outcome of a criminal The conviction of the The
shen prosecution which concludes accused in Criminal conviction of
in a judgment that the Cases No. 17450 and the murder
defendant is guilty of the No. 17453 might case for
crime charged. motivate her not to Skylar Neese
return if she were to be gave her
authorized to leave the justice and
country. peace to both
her deceased
body and the
living family.
446. Counsel noun Kaun-sel The term of counsel refers to Petitioner's counsel also A free counsel
the description given to an asked the court to granted by
attorney who is not the include the list of the
principal lawyer in charge of medicine being taken by government to
a case but who merely petitioner as part of the aid a
contributes his advice on the study. petitioner or
way it should be handled. respondent if
(Imelda R. Marcos v. they cannot
The Honorable hire their
Sandigan ng Bayan counsel.
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

447. Court noun kort A court is an incorporeal
political being, which
requires for its existence, the
presence of the judges, or a
competent number of them,
and a clerk or prothonotary,
at the time during which, and
at the place where it is by law
authorized to be held; and
the performance of some
public act, indicative of a
design to perform the
functions of a court.
Petitioner's motion was Silence of the
denied by the audience is
Sandiganbayan for required in
failure of petitioner to the court to
give notice to the avoid
prosecution and disruptions.
because the time asked
(December 29, 1993)
was too close for the
court to inform itself of
the basis of the motion.
(Imelda R. Marcos v.
 LEGAL TERMS
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

448. Criminal noun Kreem-een-al An individual who has been
found guilty of the
commission of conduct that
causes social harm and that
is punishable by law; a
person who has committed a
crime.
Petitioner, former First A person
Lady and widow of should not be
former President labeled as
Ferdinand E. Marcos is criminal
the defendant in several unless proven
criminal cases for guilty by the
violations of the Anti- court.
Graft and Corrupt
Practices Act (R.A. No.
3019) now pending in
the Sandiganbayan and
in the regular courts.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

449. Dismissal Without noun Dis-mee-sal when a court dismisses a WHEREFORE, the The case was
Prejudice wi-thaut pre- case due to a procedural petitioner is dismissed
ju-dees error, the parties are free to DISMISSED without without
bring the case again once the prejudice to the filling of prejudice due
procedural error is corrected another motion for leave to illegal
to travel abroad, should possession of
petitioner still desire, the evidence
based on her heart on the first
condition. trial. Next
trial will be
(Imelda R. Marcos v. considered for
The Honorable calendaring
Sandigan ng Bayan once evidence
(First Division) and The is at hand.
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

450. Evidence Noun e-ve-dens that which tends to prove or The evidence submitted The plaintiff
disprove a fact in issue to it, according to the was convicted
Abarquez committee, for identity
"[did] not confirm the theft upon
allegation that Mrs. showing and
Marcos is in the high- handing all
risk group of sudden the evidence
cardiac death." to prove his
crime.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

451. Ex-Parte adjective Eks- par-tee Latin meaning "for one On December 29, 1993, The mother
party," referring to motions, petitioner filed in filed for an ex
hearings or orders granted on another case (Criminal parte motion
the request of and for the Case No. 18742) 1 an for child
benefit of one party only. This "Urgent Ex-Parte Motion custody upon
is an exception to the basic for Permission to Travel divorce with
rule of court procedure that Abroad" to undergo the husband.
both parties must be present diagnosis and treatment
at any argument before a in China.
judge, and to the otherwise
strict rule that an attorney (Imelda R. Marcos v.
may not notify a judge The Honorable
without previously notifying Sandigan ng Bayan
the opposition. Ex parte (First Division) and The
matters are usually People of the
temporary orders (like a Philippines, GR No.
restraining order or Nos. 115132-34, August
temporary custody) pending a 9, 1995)
formal hearing, or an
emergency request for a
continuance.
452. Guilty adjective Gil-tee the plea by an accused that In two of these cases, The
he accepts that he committed i.e., Criminal Case Nos. Menendez
the offence charged or the 17450 and 17453, Brothers were
finding to that effect by a petitioner was found found guilty
court or jury guilty by the First of killing their
 LEGAL TERMS
453. Immaterial adjective i-ma-teer-yel a commonly heard objection
to introducing evidence in a
trial on the ground that it
had nothing substantial to do
with the case or any issue in
the case.
454. Imprisonment verb Im-pree-zen- Imprisonment is either lawful
ment or unlawful; lawful
imprisonment is used either
for crimes or for the
appearance of a party in a
civil suit, or on arrest in
execution.
455. Jurisdiction noun Jur-es-dik- the authority given by law to
shen a court to try cases and rule
on legal matters within a
particular geographic area
and/or over certain types of
legal cases.
Division of the parents
Sandiganbayan of
violating 3(g) of the
Anti-Graft and Corrupt
Practices Act (R.A. No.
3019) and was
sentenced to suffer in
each case imprisonment
for an indeterminate
period of 9 years and 1
day as minimum to 12
years and 10 days as
maximum, with
perpetual
disqualification from
public office.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)
Unless they take an The defense
active part in trials in lawyer of the
the above form and plaintiff
manner and allow brings up the
counsel to ask personality of
questions whether the defendant
pertinent or that caused
impertinent, material, why the
or immaterial, the defendant
speedy administration was killed
of justice which is the which is
aim of the Government immaterial for
and of the people a rebut.
cannot be attained.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)
In two of these cases, The
i.e., Criminal Case Nos. Menendez
17450 and 17453, Brothers was
petitioner was found sentenced
guilty by the First with two
Division of the consecutive
Sandiganbayan of life
violating 3(g) of the imprisonment
Anti-Graft and Corrupt each.
Practices Act (R.A. No.
3019) and was
sentenced to suffer in
each case imprisonment
for an indeterminate
period of 9 years and 1
day as minimum to 12
years and 10 days as
maximum, with
perpetual
disqualification from
public office.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)
In such cases, whether Some
the accused should be jurisdictions
permitted to leave the are unfair.
jurisdiction for
humanitarian reason is
a matter of the court's
sound discretion.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
 LEGAL TERMS
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

456. Merit noun Meh-reet The factors to be considered
in making a substantive
decision in a case,
independent of procedural or
technical aspects
In a resolution dated The plaintiff‘s
April 19, 1994, sentenced
respondent court denied was reduced
petitioner's motion for as he was
reconsideration for lack seen
of merit even as it remorseful for
expressed disapproval his actions.
of the intervention of
the Vice President and
the twenty-four
congressmen and
warned them and
petitioner's counsel,
Atty. Rodolfo U.
Jimenez, that
"repetition of any
attempt to influence the
resolutions, decisions or
orders or any judicial
action of [respondent
court] will be responded
to appropriately‖.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

457. Motion noun Mow-shen an application made to a Respondent court had A motion to
judge or court for an order or to seek expert opinion dismiss was
ruling necessary to the because petitioner's filed by the
conduct of legal proceedings motion was based on defense
the advice of her lawyer as
physician. mediation
was done
(Imelda R. Marcos v. before the
The Honorable second
Sandigan ng Bayan hearing.
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

458. Motu Proprio noun Mow-tu Prop- a rescript initiated and issued 2. It adopted an A motu
pree-oh by the pope of his own accord unusual and proprio was
and apart from the advice of unorthodox conduct of done by the
others trial as demonstrated by Vice President
the following: (a) it motu of the
proprio contacted a PhilHealth
third party asking the and DoH to
latter to give an opinion avoid being
on petitioner's motion sentenced for
and medical findings. corruption.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

459. Penumbras noun Pee-num- The rights guaranteed by 4(a). It considered the The
brahs implication in a constitution conviction of petitioner penumbras of
or the implied powers of a in two (2) criminal cases rights of
rule. which are pending citizens can
reconsideration as be read in the
factors in denying the Bill of Rights
rights of petitioner to such as
life, health and liberty stating his or
and depriving the her rights
penumbras of such before being
right to give life and taken away
substance; during arrest.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
 LEGAL TERMS
9, 1995)

460. Perpetual noun Per-pet-wal The suspension from public In two of these cases, A corrupt
Disqualification dis-kwal-ee- office, profession, or calling, i.e., Criminal Case Nos. government
fee-kay-shen and the exercise of the right 17450 and 17453, officials
of suffrage of the offender petitioner was found should receive
during the term of the guilty by the First a perpetual
sentence. Division of the disqualificatio
Sandiganbayan of n instead of
violating 3(g) of the just
Anti-Graft and Corrupt voluntarily
Practices Act (R.A. No. resigning to
3019) and was avoid
sentenced to suffer in penalties.
each case imprisonment
for an indeterminate
period of 9 years and 1
day as minimum to 12
years and 10 days as
maximum, with
perpetual
disqualification from
public office.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

461. Petitioner noun Pe-tee-shen formal written application Present at the hearing The petitioner
seeking a court's intervention were the two lawyers of was found not
and action on a matter petitioner and Dr. guilty.
Anastacio.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

462. Proceedings noun Pro-si-dings the institution of a sequence But, in this case, The
of steps by which legal everything was on the proceedings
judgments are invoked level, with the parties were
taking part in the disrupted
proceedings of the when the
court. plaintiff made
an uproar.
463. Prosecution noun Pro-si-kyu- a judicial proceeding brought In such an event the The
shen by one party against another; determination of her prosecution of
one party prosecutes another medical condition Dr. Jose P.
for a wrong done or for should be made by joint Rizal was the
protection of a right or for panel of medical biggest eye-
prevention of a wrong. specialists opener for the
recommended by both Filipinos.
the accused and the
prosecution.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

464. Regular Court noun Re-gyu-lar Refers to civil courts Petitioner, former First Civil cases are
kort Lady, and widow of heard in
former President regular
Ferdinand E. Marcos is courts.
the defendant in several
criminal cases for
violations of the Anti-
Graft and Corrupt
Practices Act (R.A. No.
3019) now pending in
the Sandiganbayan and
in the regular courts.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
 LEGAL TERMS
9, 1995)

465. Resolution noun Re-zo-lu-shen a judicial decision on some Hence, this petition for The resident
matter; verdict; judgment certiorari to set aside judge decided
the resolutions dated the resolution
February 18, 1994, and after the final
April 19, 1994, of the hearing.
First Division of the
Sandiganbayan on the
ground that they were
issued with grave abuse
of discretion, amounting
to lack or in excess of
jurisdiction. Petitioner
claims that
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

466. Respondent noun Ris-pan-dent The defending party in Respondent court The
certain legal proceedings, as violated the cluster of respondent
in a case brought by petition. rights of "personhood", attends the
"privacy" or "personal pretrial, but
liberty". the petitioner
did not show
(Imelda R. Marcos v. up.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

467. Testimonies noun Te-stemo- All such declarations, spoken 1. [The Sandiganbayan] Testimonies
nees or written, offered in a legal arbitrarily disregarded in a trial are
case or deliberative hearing. or misinterpreted the not to be force
testimonies, medical by anyone nor
findings and the witness
recommendations of shall be
petitioner's attending threatened of
physicians and relied on his or her life
or substituted them to or not to
with the academic views testify.
of Dr. Abarquez and the
Committee, who never
examined or treated
personally the
petitioner, and
erroneously concluded
"that the necessity for
trip abroad by the
accused for diagnosis
and treatment has not
been established";

468. Trial noun Tri-yal the judicial examination of
the issues in a civil or
criminal cause by a
competent tribunal and the
determination of these issues
in accordance with the law of
the land
The active intervention During a trial,
of respondent Presiding they pray first
Justice in the trial the before
case was justified by the proceeding to
fact that the subject the case.
with which the court
was dealing was a
highly technical one
and he wanted to clarify
for himself a number of
medical questions.
(Imelda R. Marcos v.
The Honorable
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

469. V. abbreviation Ver-suz versus IMELDA R. MARCOS, Defendant v.

Petitioner, v. THE the plaintiff is
HONORABLE not all
SANDIGANBAYAN (First successful in
Division) and the convicting the
PEOPLE OF THE real person
PHILIPPINES, who
Respondents. committed
the crime.
(Imelda R. Marcos v. Sometimes,
 LEGAL TERMS
The Honorable someone else
Sandigan ng Bayan takes the fall.
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

470. Witnesses noun Wit-ne-ses a person who testifies, (b) it unusually The witnesses
especially in a court of law, to participated in the summoned
events or facts within his or examination of was a by-
her own knowledge petitioner's witnesses; passer who
witnessed the
(Imelda R. Marcos v. bullying of the
The Honorable plaintiff.
Sandigan ng Bayan
(First Division) and The
People of the
Philippines, GR No.
Nos. 115132-34, August
9, 1995)

471. Petitioner noun pe·ti·tion·er a person who makes a formal Petitioner leased a The trial ends
application to a court for a commercial building before a final
writ, judicial action in a suit, known as "Carmen decision is
etc. Building" located at made, albeit it
puh·ti·shuh·n Sampaloc, Manila to should be
r respondents for the noted that the
period September 1, petitioner‘s
2000 to August 31, circumstance
2005. The contract s dis not
contained a stipulation appear to be
prohibiting respondents considered.
from subleasing any
portion of the building.

472. sub·lease A sublease is a lease by the Petitioner also The petitioner

lessee of an estate to a third
Sublease verb person, conveying all or part
of the estate for a shorter
term than that for which the
lessee holds originally. A
sublease is a new contract
between the lessee and the
sublessee.
discovered that ordinance
respondents subleased does allow the
a portion of the building repondent to
to a computer gaming sublease their
entity without its building
consent. Hence, on July under certain
30, 2001, petitioner conditions.
sent a letter demanding
respondents to pay the
arrearages, electricity
and water bills in the
amount of P531,069.50
and to terminate the
sublease.

473. Judgement noun judg·ment a decision or opinion (as of a
court) given after careful
consideration; an opinion or
estimate formed by
juhj·muhnt examining and comparing
This one's the best in my
judgment; the ability for
reaching a decision after
careful consideration I trust
your judgment
WHEREFORE, The final
PREMISES judgement for
CONSIDERED, this case will
judgment is hereby be announced
rendered in favor of the next week.
plaintiff and against the
defendants and all
persons claiming rights
under them, ordering
them to immediately
vacate the premises
located at Carmen
Building, 886 Espana
corner Cataluna Street,
Sampaloc Manila and to
solidarily pay herein
plaintiff:
1. Php 482,885.02 - As
earlier indicated; and
2. Php 20,000.00 -
Representing
reasonable
reimbursement of
attorney‘s fees and
litigation expenses.

474. Vacated verb va·cated cancel or annul (a judgment, Respondents appealed Trial
contract, or charge). before the Regional Trial regarding the
Court of Manila arguing murder case
that petitioner is not of Mr.
vay·kay·tuhd properly clothed with Gutierrez was
authority to file the vacated due
ejectment case; that the to lack of
case was considered evidence.
moot since it vacated
the premises; and that
the award of damages is
 LEGAL TERMS
not proper.

475. Cognizance noun cog·ni·zance the action of taking The Court of Appeals Any
jurisdiction. ruled that the trial cognizance
court was without about the
jurisdiction when it took case of Mr.
kaag·nuh·zns cognizance of the Pablo should
complaint filed before it. be filed.
It held that the issue
was not one of
possession but rather
rescission of contracts
over which the
Metropolitan Trial Court
is without jurisdiction

476. Violation noun vi·o·la·tion the action of violating A violation by a party of Violation from
someone or something. any of the stipulations the said party
of a contract on has reached
agreement to sell real the court and
vai·uh·lay·shn property would entitle charged
the other party to them.
resolve or rescind it. An
allegation of such
violation in a detainer
suit may be proved by
competent evidence.
And if proved a justice
of the peace court might
make a finding to that
effect, but it certainly
cannot declare and hold
that the contract is
resolved or rescinded. It
is beyond its power so
to do.

477. Rescission noun re·scis·sion Cancellation of a contract. It
may be unilateral, as when a
party rightfully cancels a
contract because of another
ruh·si·zhn party's material breach. Can
also be mutual, as when the
contracting parties agree to
discharge all remaining
obligations. Finally, courts
can use rescission as a
synonym for voiding a
contract, as for reasons
of public policy.
The rescission of the Mrs. Wang
contract is the basis of, receives a
and therefore a rescission
condition precedent for, copy of the
the illegality of a party's case they filed
possession of a piece of by the Trial
realty. Without judicial Court.
intervention and
determination, even a
stipulation entitling one
party to take possession
of the land and building
in case the other party
violates the contract
cannot confer upon the
former the right to take
possession thereof, if
that move is objected to.

478. Extrajudicial adjective ex·tra·ju·di·cia Done without the permission While it is true that the Most of the
l of or without using the contract between the drug cases
official legal system parties provided for have never
extrajudicial rescission, been
nevertheless, a judicial investigated
ek·struh·joo·di determination is and
·shl necessary where it is extrajudicial
objected to by the other killings
party. As said by the continued.
Supreme Court in the
case of JOSE ZULUETA
vs. HON. HERMINIANO
MARIANO, "A
stipulation entitling one
party to take possession
of the land and building
if the other party
violates the contract
does not ex proprio
vigore confer upon the
former the right to take
possession thereof if
objected to without
judicial intervention
and determination."

479. Motion noun mo·tion is a procedural device to Petitioner filed a motion A motion for
bring a limited, contested for reconsideration but reconsideratio
issue before a court for it was denied. n was filed by
decision. It is a request to the Mr. Wong and
mow·shn judge (or judges) it was
accepted by
the court.
480. Jurisprudence noun ju·ris·pru·den Jurisprudence is derived the Decision of the Jurisprudenc
ce from Latin word Court of Appeals is e frequently
'Jurisprudentia' which means contrary to Art. 1673 of employed in
 LEGAL TERMS
either "Knowledge of Law" or
"Skill of law". The word "juris"
jur·uh·sproo·d means law and prudentia
ns mean knowledge, science or
skill. Thus
Jurisprudence signifies
knowledge or science of law
and its application
481. Decisoion noun de·ci·sion A formal judgement
duh·si·zhn
482. Respondent noun res·pon·dent a person who answers a
request for information in a
court case, the person who a
petition (a formal letter to the
ruh·spaan·dnt court asking for a particular
action) is made against,
especially in a divorce case.
483. Suit noun Suit generic term for any filing of
a complaint (or petition)
asking for legal redress by
judicial action, often called a
soot "lawsuit." In common
parlance a suit asking for a
court order for action rather
than a money judgment is
often called a "petition," but
technically it is a "suit in
equity."
the New Civil Code, federal courts
among others, existing to aid with
Rules, opinions of the decision-
experts and making
jurisprudence. It even process in
encourages multiplicity challenging
of suit, and it is based issues.
on inapplicable
decisions with totally
different factual milieu;
Thus, respondents filed A decision
a Petition for Review from Regional
before the Court of Trial Court
Appeals which rendered regarding
the assailed Decision the drug case
reversing the decisions of Mr. Pablo
of the Regional Trial was issued.
Court and the
Metropolitan Trial
Court. The dispostive
portion of the Decision
reads:
WHEREFORE, premises
considered, the instant
petition for review is
hereby GRANTED.
ACCORDINGLY, the
decision of the Regional
Trial Court of Manila,
Branch 36, dated July
28, 2003, affirming with
modification the
decision of the
Metropolitan Trial Court
of Manila is hereby SET
ASIDE.
Respondents appealed The
before the Regional Trial respondent
Court of Manila arguing filed a motion
that petitioner is not for re-
properly clothed with counting of
authority to file the the ballot due
ejectment case; that the to an anomaly
case was considered in the
moot since it vacated election.
the premises; and that
the award of damages is
not proper.
Petitioner argues that Jackson files
the subject Complaint is a suit against
one for unlawful his current
detainer and not company due
rescission of contract; to not giving
that the Complaint him a
alleged the existence of complete
the lease of land and cmpensation.
building evidenced by a
lease contract; that the
lessee was in arrears for
several months; and
that the lessee, without
any right, subleased
part of the building in
violation of the lease
contract; that the legal
bases of the ejectment
case were violation of
law and contract,
specifically, Articles
1673, 1650, 1159, and
1315 of the Civil Code;
that the reliefs prayed
for in the Complaint are
constitutive of those in
an ejectment suit.
 LEGAL TERMS
484. Averment noun a·ver·ment A formal statement by a party A review of the A preview of
in a case of a fact or averments of the averment
circumstance which the party Complaint reveals that from the
offers to prove or there is an allegation respondent
uh·vur·muhnt substantiate. that respondents‘ was shown to
occupancy of the the court.
premises was by virtue
of a lease contract and
that infractions were
committed which served
as basis for terminating
the same and for
respondents to vacate
the premises.

485. Evidently noun eh·vuh·dent·le Any matter of fact that a Evidently, under those Mariana was
e party to a lawsuit offers to circumstances, harassed by
prove or disprove an issue in ejectment is not the his manager,
the case. proper remedy. This is evidently she
because proof of any go the police
violation is a condition station to file
precedent to resolution a complaint.
or rescission of the
contract. It is only when
the violation has been
established that the
contract can be
declared rescinded.
Hence, it is only upon
such rescission that
there can be a
pronouncement that
possession of the realty
has become
unlawful. Thus, the
basic issue is not
possession but one of
rescission of a contract,
which is beyond the
jurisdiction of the trial
court to hear and
determine.

486. Allegation noun al·le·ga·tion a claim or assertion that Hence, where the An allegation
someone has done something unlawful possession of pertaining to
illegal or wrong, typically one the property by a party breach of
made without proof. to a contract is contract of
a·luh·gay·shn premised upon the Mr. Perez to
rescission of the XO Company
contract, an allegation is spreading.
and proof of such
violation is a condition
precedent

487. Unlawful adjective un·law·ful not according to or to such rescission to An unlawful

acceptable to the law render unlawful the act of the
possession of the judge was not
property by the party commended
uhn·laa·fl who has violated the by his
contract which cannot subordinates.
be taken cognizance of
by a Metropolitan Trial
Court.

488. Docket Dock·et Respondents made A formal

partial payments in complaint of
noun A calendar or list of cases for November and Ms. Jasmine
trial or people having cases December, 2001. regarding
daa·kuht pending. However, with the unpayment of
accrual of rentals, rentals befre
interest, and electricity the MTC of
verb bill, respondents‘ Las Piñas,
obligation amounted to docketed as
Enter (a case or suit) onto a P352,232.70. Finally, Civil Case No.
list of those due to be heard. on January 2, 2002, 001879-CV.
petitioner filed a
Complaint for Unlawful
Detainer against
respondents for non-
payment of rentals and
illegal subleasing before
the Metropolitan Trial
Court of Manila,
docketed as Civil Case
No. 171849-CV.

489. Repudiated verb Re·pu·di·ate to refuse to accept especially : Respondents admitted Alyana
to reject as unauthorized or that as of December 10, repudiated
as having no binding force 2001, it owed petitioner the
repudiate a contract P352,232.70 but denied allegations
ruh·pyoo·dee· repudiate a will. subleasing a portion of she had for
ay·tuhd the premises to another years and
 LEGAL TERMS
490. Premises noun Prem·is·es in real estate, land and the
improvements on it, a
building, store, shop,
apartment, or other
preh·muh·suh designated structure.
z May, 2002. Petitioner
491. Award noun A·ward A final judgment or decision.
The centerpiece of an award
is usually a declaration that
one party owes another a
uh·word certain amount of money.
Although the term often
refers to the decisions of
arbitrators and juries, it can
also refer to the decisions of
judges
492. Illegality noun Il·le·gal·i·ty the state of being contrary to
or forbidden by law,
especially criminal law.
i·lee·ga·li·tee
493. File verb File deposit a legal document with
the clerk or record custodian
with the purpose of having
the document preserved and
placed into the official record.
To file also means to
commence a lawsuit.
494. Complaint noun Com·plaint a statement that a situation
is unsatisfactory or
unacceptable. a sworn
written statement charging a
kuhm·playnt person with an offense,
subscribed by the offended
party, any peace officer, or
other public officer charged
with the enforcement of the
law violated.
495. Legal adjective Le·gal something connected to law
or a government's system of
rules
lee·gl
496. Attorney noun At·tor·ney a person appointed to act for
another in business or legal
matters.
uh·tur·nee
497. Court noun court a place where trials and other
legal cases happen, or the
/kôrt/ people present in such a
place, especially the officials
and those deciding if
someone is guilty.
entity and repudiated tries to
petitioner's right to deceive them.
damages. It also
assailed petitioner‘s
personality to file the
Complaint for ejectment
stating that Ms. Abaya
was not duly authorized
to file the same.
During the pendency of Respondent
the case, respondents vacated the
paid petitioner premises of
P300,000.00 and Aquino and
vacated the premises in paid the
petitioner
however claimed that amounting to
respondents left the 25,000 pesos.
premises stealthily
sometime in June 2002
without paying the
rentals due for the
period January to May
2002.
On July 28, 2003, the The court
Regional Trial Court of awards Mr.
Manila, Branch 36, Manaloto a
rendered a Decision5 parole for his
sustaining the ruling of good
the Metropolitan Trial behaviors
Court but deleted the inside the
award of damages. jail.
The rescission of the An illegality
contract is the basis of, was showed
and therefore a in the recent
condition precedent for, investigation
the illegality of a party's regarding the
possession of a piece of murder case
realty. of Mr.
Monsal.
In the instant case, the Maria file a
ejectment case filed by complaint.
respondent before the
trial court will not
prosper.
The MTC and the RTC The complaint
saw the Complaint as from the
one for ejectment, but petitioner was
the Court of Appeals filed.
erroneously read it out
of context and saw it as
one for rescission,
contrary to the very
allegations of said
Complaint
that the legal bases of A legal basis
the ejectment case were of the case
violation of law and should be
contract, specifically, reconsidered.
Articles 1673, 1650,
1159, and 1315 of the
Civil Code;
that the reliefs prayed Alyana, has
for in the Complaint are an attorney to
constitutive of those in defend her in
an ejectment suit: the court.
vacate the subject
premises, to pay the
unpaid rentals and
attorney‘s fees and
other damages.
This Court has The Regional
consistently held that Trial Court
jurisdiction is dismissed the
determined by the said case due
nature of the action as to lack of
pleaded in the evidences.
complaint. The test of
the sufficiency of the
facts alleged in the
complaint is whether or
not admitting the facts
 LEGAL TERMS
alleged therein, the
court could render a
valid judgment upon
the same in accordance
with the prayer of the
plaintiff.

498. Ruling noun Rul·ing an authoritative decision or The ruling of the Court The court has
pronouncement, especially of Appeals requiring made a final
one made by a judge prior rescission of the ruling on the
subject lease contract is case that Mr.
roo·luhng misplaced. Nera v. Armada acted
Vacante11 and Zulueta illegaly.
v. Mariano12 are
inapplicable to the
instant case. In the
cases cited, the basis
for the occupation of
the parties thereon are
contracts to sell the
premises on
installment. Thus, the
contractual relations
between the parties are
more than that of a
lessor-lessee

499. Resolution noun Res·o·lu·tion a written motion adopted by Section 5, Rule 7 of the A resolution
a deliberative body. The Rules of Court requires for the new
substance of the resolution the plaintiff or principal bill was
can be anything that can party to execute a introduced.
reh·zuh·loo·sh normally be proposed as a certification against
n motion forum shopping
sss simultaneous with the
filing of the complaint.
In Fuentebella v.
Castro,18 the Court
ruled that, if, for any
reason, the principal
party cannot sign the
petition, the one signing
on his behalf must have
been duly authorized.
Where such party is a
corporate body, an
officer of the
corporation can sign the
certification against
forum shopping so long
as he has been duly
authorized by a
resolution of its board
of directors and a
certification which had
been signed without the
proper authorization is
defective and
constitutes a valid
cause for the dismissal
of the petition.1

500. Attestation noun At·tes·ta·tion Testimony or confirmation
that something is true,
genuine, or authentic. An
attestation is frequently in
a·tuh·stay·shn writing
Pursuant to Section 13, To validate
Article VIII of the that the
Constitution and the events
Division Chairperson‘s occurred as
Attestation, I certify you allege,
that the conclusions in we'll require
the above Decision had an attestation
been reached in from another
consultation before the witness.
case was assigned to
the writer of the opinion
of the Court‘s Division.

501. Reclusion NOUN ri-ˈklü-zhən life imprisonment The accused who were Ampatuan
Perpetua found guilty were Jr. and his
per-pe-twa sentenced to reclusion brother Zaldy
perpetua which meant Ampatuan
40 years of was sentence
imprisonment without reclusion
parole. Perpetua by
the court

502. Justice Noun ˈjəstəs a judge or magistrate, in It would take years, We hold in
particular a judge of the reaching up to decades our hearts the
Supreme Court of a country before justice is served, hope that
or state. with court decisions justice will be
taking just as long to served with
materialize. fairness.
 LEGAL TERMS

503. Case Noun kās an instance of a particular Philippine courts laid They are
situation; an example of down decisions on some many cases in
something occurring. of the most the court that
controversial cases the takes years
country had ever faced before justice
for years. serve.

504. Massacre Noun masəkər an indiscriminate and brutal Ampatuan who helped Many victim
slaughter of people. convict relative in in
massacre case survives Maguindanao
ambush. was
massacre.
505. Crime Verb krahym an action or omission that Most were police officers The Crime
constitutes an offense that were also deemed by the rate in the
may be prosecuted by the court to be ―totally Philippines
state and is punishable by innocent‖ of the crimes was down
law. charged. According to
Philippine
National
Police.
506. Guilty Adjective Gil-tee culpable of or responsible for Also found guilty as My youngest
a specified wrongdoing. accessories were 15 brother was
individuals — mostly found Guilty
police officers — at the he broke my
time of the massacre. cellphone he
They were sentenced to admitted it.
imprisonment of from
six years to 10 years
and eight months.

507. Denied verb dəˈnīd state that one refuses to The Ampatuans have Bongbong
admit the truth or existence denied the allegations Marcos
of. and are expected to denied all
appeal. allegation
against him.

508. Witnesses Noun witnəsəs a person who sees an event, Human Rights Watch The
typically a crime or accident, called on the Witnesses of
take place. government to bolster the crime is
efforts to apprehend under
about 80 suspects who Protection of
remain at large, the Police.
warning that they pose
a threat to witnesses,
including families of the
victims.

509. Evidence Noun ˈevədəns the available body of facts or ―There are strong pieces I have seen
information indicating of evidence against the evidence who
whether a belief or principal accused took my
proposition is true or valid. Ampatuans yet it still cellphone
took this long for justice using a CCTV
to be rendered,‖ camera.
Maravilla said.

510. Verdict Noun ˈvərdikt a decision on a disputed While the families The Family of
issue in a civil or criminal welcomed the verdict, the Victim
case or an inquest. most said they would was over
have been happier had whelming the
more Ampatuans been verdict
convicted for the crime. because of
the court
decision.
511. Promulgation Verb ˈpräməlˌɡā- promote or make widely Sajid Ampatuan, who Senator
tion known (an idea or cause). did not attend the Revilla attend
promulgation, was vice his
governor of Promulgation
Maguindanao at the of the
time of the massacre. Ombudsma in
Quezon city.

512. Jail Noun jā a place for the confinement of Colleen Maravilla, took
people accused or convicted a leave from her work at
of a crime. the South Cotabato
provincial jail on
Thursday to witness the
live coverage of the
promulgation of the
Quezon City regional
trial court‘s ruling on
the Nov. 23, 2019
 LEGAL TERMS
Maguindanao massacre.

513. Court Noun kôrt a tribunal presided over by a The court also found The Supreme
judge, judges, or a magistrate guilty Datu Anwar Sajid Court
in civil and criminal cases. ―Datu Ulo‖ Ampatuan Suspend the
and Datu Anwar ―Datu decision of
Ipi‖ Ampatuan Jr. the DENR to
guilty. put dolomite
sand
in manila
Bay.
514. Parole Noun pəˈrō the release of a prisoner They are all meted with President
temporarily (for a special the penalty of reclusion Duterte give a
purpose) or permanently perpetua or up to 40 parole to the
before the completion of a years imprisonment old men who
sentence, on the promise of without the benefit of had been
good behavior. parole. imprisoned
for a long tine
with showed
good manners
inside the jail.
515. Journalist Noun ˈjərn(ə)ləst a person who writes for While the mass killing My Sister
newspapers, magazines, or has largely unraveled as want to
news websites or prepares an offshoot of a violent became a
news to be broadcast. electoral rivalry journalist,
common in many rural news anchor
areas, it has also of GMA 7.
showcased the threats
faced by journalists in
the Philippines. Thirty-
two of those gunned
down were local
reporters and media
workers in the worst
single attack on
journalists in the
world.

516. Protest Noun ˈprōˌtest a statement or action In a candlelit protest Larged

expressing disapproval of or Wednesday night in a Protest faced
objection to something. park, they held portraits by Presient
of their slain relatives Duterte
and joined reporters in During his
calling for justice, the state of
defense of press nation
freedom and the Address at
conviction of the Quezon City.
Ampatuan family
members, led by
Ampatuan Jr., who is
also known by his
nickname Unsay.

517. Gunmen Noun ˈɡənmən a man who uses a gun to The gunmen The Gunmen
commit a crime or terrorist commandeered the by the Death
act. convoy, including the of Atty.
passengers of two Acosta was
unsuspecting cars that arrested by
got stuck in the traffic, the Police.
to a nearby hilltop,
where a waiting
backhoe had dug huge
pits to be used in
burying the victims and
their vehicles.

518. Detention Noun dəˈten(t)SH(ə) the action of detaining Ampatuan Jr.‘s father The Detention
someone or the state of being died in detention in of Senator
detained in official custody, 2015. The family Delima was
especially as a political patriarch allegedly under of PNP
prisoner. approved the plot over custody in
family dinner, according Camp Bagong
to the testimony of one Diwa.
witness.

519. Human Right Noun ˈ(h)yoomən rīt a right that is believed to Human Rights Watch They are lots
belong justifiably to every called on the of Human
person. government to bolster Violation
efforts to apprehend During
about 80 suspects who President
remain at large, Duterte‘s War
warning that they pose On Drugs.
a threat to witnesses,
including families of the
victims.
 LEGAL TERMS
520. Kill Verb kil cause the death of (a person, At least three witnesses The Gunmen
animal, or other living thing). against the Ampatuans kill the Victim
have been killed over during his
the years, according to duty
Nena Santos, a lawyer according to
for Mangudadatu and PNP.
families of several other
victims. She said she
had been threatened
with death multiple
times and offered a
huge amount of money
to withdraw from the
case.

521. Innocent Adjective ˈinəsənt not guilty of a crime or Most were police officers My Father is
offense were also deemed by the Innocent to
court to be ―totally the charges
innocent‖ of the crimes issued by the
charged. barangay.

522. Arrest Verb əˈrest seize (someone) by legal While the PNP was able President
authority and take into to arrest over 100 of the Duterte ,told
custody. suspects and bring PNP to arrest
them under the court‘s the people
jurisdiction in the who not
course of 10 years, it wearing
was not able to get facemask at
information during the faceshield
period on the 80 others appropriately.
at large.

523. Finding Noun ˈfīndiNG the action of finding someone Police seek help in The NBI show
or something. finding 80 magindanao the findings
massacre suspect. the cause of
the death of
Flight
Attendant.
524. Jurisdiction Noun joorəsˈdikSH(ə the official power to make While the PNP was able The Police
)n legal decisions and to arrest over 100 of the have
judgments. suspects and bring jurisdiction to
them under the court‘s serve and
jurisdiction in the Protect the
course of 10 years, it People with
was not able to get accordance to
information during the the law.
period on the 80 others
at large.

525. Government Noun ˈɡəvər(n)mənt the governing body of a Several members of the The
nation, state, or community. Ampatuan family still Philippine
hold positions in Government
government. Acquitted issued travel
Sajid himself, who was Ban to those
absent during the country have
promulgation, is the new cases of
incumbent mayor of Virus.
Shariff Saydona
Mustapha in
Maguindanao.

526. Acquitted Verb əˈkwited free (someone) from a Locsin insisted that Bongbong
criminal charge by a verdict those acquitted, who Marcos was
of not guilty. included Ampatuan Acquiited to
family members, the case filed
policemen and by several
paramilitary, deserved Groups in
their years in detention supreme
because they were court.
―connected to that
psycho family.‖

527. Rendered Adjective ˈrendərd (of fat) melted in order to Out of the 80 accused The two cases
separate out the impurities. who were at large when filed against
a Quezon City court my Uncle was
rendered a partial rendered.
decision in December
 LEGAL TERMS
528. Violence Noun vī(ə)ləns behavior involving physical
force intended to hurt,
damage, or kill someone or
something.
529. Liberty Noun libərdē the state of being free within
society from oppressive
restrictions imposed by
authority on one's way of life,
behavior, or political views
530. Conviction Noun kənˈvikSH(ə)n a formal declaration that
someone is guilty of a
criminal offense, made by the
verdict of a jury or the
decision of a judge in a court
of law.
531. Substantial noun Sub·stan·tial- mean there is more than a
Evidence ev·i·dence mere scintilla. Simply put,
there is such relevant
evidence that a reasonable
mind would accept it as
adequate to support a
conclusion. When an
appellate court is deciding
whether there was
substantial evidence, they
consider the whole trial
record, including all witness
testimony.
532. Writ noun ˈrit A writ is a legal document
that orders a person to do a
particular thing.
2019, only five have
since been arrested.
Fourteen of these
suspects have an
Ampatuan surname.
The massacre was the The Violence
worst election-related against
violence in the country‘s women is a
history and the crime.
deadliest attack on the
press.
In Maguindanao, many We found
residents of Shariff liberty if we
Saydona Mustapha have Unity.
town erupted in
jubilation after learning
that Sajid, their current
municipal mayor, was
acquitted.
Sajid has earlier
secured temporary
liberty by posting P11.6
million bail.
However, despite the The
convictions, more than Conviction
half of the 101 suspects of Janet
who were tried for the Napoles is a
massacre, or 56 decision by
individuals, were the Supreme
acquitted, including court.
former mayor Sajid
Islam Ampatuan and
his brother-in-law
Akmad ―Tato‖
Ampatuan.
On October 15, 2019, He ought to
this Court granted the stand trial
Petition for a writ of once greater
amparo after finding due to the
that petitioner Vivian A. truth there
Sanchez proved with used to be
substantial evidence then again
that she and her substantial
children became evidence in
persons of interest and opposition to
were put under him.
surveillance because of
her dead husband‘s
suspected affiliation
with the New People‘s
Army, thereby ―creating
a real threat to their
life, liberty, or security.‖
(In the matter of
petition for Writ of
Amparo of Vivian A.
Sanchez Vs. Psupt.
Marc Anthony D.
Darroca, Chief of Police,
San Jose Municiapl
Police Station; Pssupt.
Leo Irwin D. Agpangan,
Provicial Director, PNP-
Antique; Pcsupt. John
C. Bulalacao, Regional
Director, PNP-Region VI,
and Members of the
PNP under their
authority, G.R. No.
242257, June 15, 2021)
They stress that for the He issued a
writ of amparo to be writ towards
issued, the alleged one of his
threats must be actual accusers.
or likely to happen.
 LEGAL TERMS
533. Minor Noun Mi·nor A person who is still legally a Further, when a minor The strategy
child. In Britain and most is being interviewed, the has in fact
states in the United States, interviewer should be ended
people are minors. specially trained to cigarette
handle children. income to
minors.
534. Legal Counsel noun Le·gal-coun· A person legally qualified to We stressed that if they It‘s a good
sel represent an individual or wanted to interview thing to hire a
entity in a legal matter. petitioner, they should legal counsel
have formally done so to know the
by holding the interview law.
in an intimidation-free
environment and
ensuring that petitioner
was ably assisted by
legal counsel.

535. Judgment noun Judg·ment A decision of a court Finally, this Court The court
adjudicating the rights of the called on the lower judgement
parties to a legal action courts to be more mentioned
before it. A final judgment is perceptive in ferreting that her
usually a prerequisite of out the different phrases of
review of a court‘s decision by dynamics at play denial did no
an appellate court, thus between police officers longer
preventing piecemeal and and civilians, and to not convince the
fragmentary appeals on make their privileged court.
interlocutory (provisional) status be the
rulings benchmark when
rendering judgment.

536. Protection Order noun Pro·tec·tion- a legal instruction by a court WHEREFORE, the The hospital
or·der directing a person not to Petition is GRANTED. A received an
harm or harass a particular PERMANENT emergency
individual PROTECTION ORDER is protection
issued prohibiting order to stop
members of the the relatives
Philippine National removing the
Police from monitoring infant in the
or surveilling petitioner hospital.
Vivian A. Sanchez and
her children, Scarlet
Sanchez Labinghisa and
Star Sanchez
Labinghisa.

537. Constitution noun Con·sti·tu·tion the basic principles and laws
of a nation, state, or social
group that determine the
powers and duties of the
government and guarantee
certain rights to the people in
it
The respondent police The state‘s
officers are reminded to constitution
uphold the rights of has strict
citizens as contained in rules about
the Constitution as well taxes.
as conduct
investigations in
accordance with their
promulgated manuals
including the Ethical
Doctrine Manual.

538. Investigation noun in-ˌve-stə-ˈgā- Any investigation is very
shən simply the gathering together
of facts to form a cohesive
and logical picture of a given
situation. Legal investigation
is such a gathering together
of facts in a situation which
will be tried in a court of law.
They maintain that The
since petitioner was a investigation
proper subject of an of the police
interview, the police has already
officers‘ act of done.
interviewing her and
taking her photos fell
under the regular
investigation process
and was not intended to
harass her or violate
her rights.

539. Motion For Noun Mo·tion-fər- A motion for reconsideration
Reconsideration con·sid·er·a· shall point out specifically
tion the findings or conclusions of
the judgment or final order
which are not supported by
the evidence or which are
contrary to law, making
express reference to the
testimonial or documentary
evidence or to provisions of
law alleged to be contrary to
such findings or conclusions.
In their Motion for The motion of
Reconsideration, 7 reconsideratio
respondents contend n denied.
that ―the right to
privacy, as well as
gender and power
analysis, [is] not
applicable in 1 Sanchez.

540. Case noun ˈkās In law, a case is a trial or Respondents are gravely The defendant
other legal inquiry. mistaken in their filed another
assertion that ―the right case in the
to privacy, gender and court.
power analysis, are not
applicable in the
 LEGAL TERMS
present case.‖

541. Judicial Plural noun Ju·di·cial-pro· any action involving or They also point out that The judicial
Proceedings ceed·ings carried out by a court of law the rules on marital proceedings
privilege and are in
disqualification only progress.
apply to judicial
proceedings, not to
investigations.

542. Respondents Plural Re·spon·dents A respondent is someone who Respondents stress that He stated that
has to defend a case in a law even the purported he never seen
court. threat to charge her the
with obstruction of respondents.
justice was brought
about by petitioner‘s
stubborn refusal to
answer valid questions
from the police officers.

543. Human Rights Plural noun ˈhyü-mən- Human rights are basic Respondents assert that The universal
ˈrīts rights which many societies a writ of amparo is equality of
believe that all people should confined to serious human rights.
have. human rights
violations-particularly,
extrajudicial killings
and enforced
disappearances-and
that petitioner failed to
present sufficient
evidence to prove that
she was entitled to the
writ.

544. Extrajudicial Adjective Ex·tra·ju·di· beyond the jurisdiction or This, they add, was not Most case
cial authority of the court connected with have never
extrajudicial killing. been
investigated
especially the
extrajudicial
killings.
545. Reiterate Verb Re·it·er·ate to repeat (something done or Respondents reiterate He reiterates
said); say or do again or that they did not a few more
repeatedly conduct or order the words I
surveillance of already made.
petitioner and her
daughters.

546. Accusations Noun Ac·cu·sa·tions a statement or claim by a They point out that The
witness or someone in petitioner‘s accusations investigator
authority that a particular were mostly grounded has made
person has committed a on mere speculation. accusations
crime, although this has not about
yet been proved. corruption in
the DOH.

547. Justified Adjective Jus·ti·fied If you describe a decision, As a proper subject of She justified
action, or idea as justified, investigation-being the her answers
you think it is reasonable and wife of a known member in the trial.
acceptable. of the National People‘s
Army-her surveillance
would have been
justified.

548. Petitioner Noun Pe·ti·tion·er A petitioner is a person who Further, this Court He has
brings a legal case to a court pointed out that informed the
of law. spousal and filial petitioners
privileges, which that he will
continue to exist after consider the
the death of a spouse, matter.
protected petitioner and
her children from
inquiries regarding her
husband‘s activities.

549. Rights Plural noun ˈrīts those things that one is While respondents have You must
morally or legally entitled to the mandate to stand up for
do or have investigate, their duty your rights.
must be balanced with
petitioner‘s
fundamental rights.

550. Witnesses Noun Wit·ness-es A witness is someone who
appears in a court of law to
say what they know about a
crime or other event.
Whatever information In the next
respondents may have three or four
wished to obtain from days, eleven
petitioner or her witnesses will
children, as witting or be called to
unwitting witnesses, is testify.
protected by spousal
and filial privilege.
 LEGAL TERMS
551. Testimony Noun Tes·ti·mo·ny In a court of law, someone's Respondents must also His testimony
testimony is a formal take into account that was an
statement that they make petitioner and her important
about what they saw children are not element of the
someone do or what they ordinary witnesses, as Prosecution
know of a situation, after seen by the privileges of case.
having promised to tell the testimony and
truth. communication that
they enjoy.

552. Surreptitious Adjective Sur·rep·ti· characterized by fraud or This Court likewise The law
tious misrepresentation of the castigated the police protects
truth officers‘ brusque people
treatment of petitioner against
and their surreptitious surreptitious
surveillance. surveillance
and
recording.
553. Infringed Verb In·fringed If someone infringes a law or Surreptitious The film
a rule, they break it or do surveillance, which not exploited his
something which disobeys it. only infringed on image and
petitioner‘s right to infringed his
privacy and her spousal copyright.
privilege, but was also
an abuse of
respondents‘ authority
as State agents.

554. Unlawful Adjective Un·law·ful If something is unlawful, the He also repeats that He claimed
law does not allow you to do petitioner failed to show damages for
it. that respondent State unlawful
agents committed any eviction.
unlawful act or
omission to merit the
issuance of a
permanent protection
order and writ of
amparo in her favor.

555. Forbidden Adjective For·bid·den used to describe things that They must show Divorce was
people strongly disapprove of extraordinary diligence such a
or feel guilty about, and that in the performance of forbidden
are not often mentioned or their duties, and are word.
talked about. forbidden from seeking
refuge in the
presumption of
regularity in the
performance of their
official duties.

556. Justice Noun Jus·tice Justice is the legal system The Regional Trial Many in
that a country uses in order Court then adopted indigenous
to deal with people who break respondents‘ assertion people feel
the law. that the taking of that the
petitioner‘s photo and justice system
the threats to charge does not treat
her with obstruction of them fairly.
justice were just par for
the course in the
conduct of an
investigation.

557. Petition Noun Pe·ti·tion a formal request made to a In denying the Petition His lawyers
court of law for some legal for the writ of amparo, filed a petition
action to be taken the Regional Trial Court for all charges
echoed respondents‘ to be
statement that the dropped.
taking of petitioner‘s
photo and the threats of
obstruction of justice
thrown at her were part
of ―the conduct of a
logical investigation.‖

558. Abuse Noun ə-ˈbyüs Abuse of someone is cruel Even the surreptitious The
and violent treatment of surveillance of investigation
them. petitioner and her of alleged
family is an abuse of child abuse.
the Philippine National
Police‘s authority.

559. Person Of Interest Noun Per·son-ˈäv- Law term whereby a person is One‘s right to privacy is He is one of
in·ter·est not considered a suspect but not set aside because of the persons of
may be a potential one or their relationship with a interest in the
may have information person of interest or shooting
regarding a crime that was because they have incident.
committed. become a person of
interest.

560. Due Process Noun ˈdü-pro·cess In law, due process refers to To deter potential abuse The nub of
the carrying out of the law of the State‘s awesome his case is
 LEGAL TERMS
according to established rules powers by State agents, that the
and principles. the Constitution principles of
guarantees every fairness and
person‘s right to due due process
process, be secure were
against unreasonable breached.
searches and seizures,
and to the privacy of
their communication
and correspondence.

561. Reconstruction Noun ˌrē-kən-ˈstrək- Reconstruction, in law, is the
shən transfer of a company‘s (or
several companies‘) business
to a new company. The old
company will get put into
liquidation, and shareholders
will agree to take shares of
equivalent value in the new
company.
Challenged in this After the
appeal is the August 2, signature of
2012 Decision 1 of the the articles of
Court of Appeals in CA- peace the
GR CV No. 91686 which work of
upheld the IVIay 27, reconstructio
2008 Order of the n was
Regional Trial Court accelerated.
(RTC), Branch 53 of
Lucena City, granting
the Petition for
Reconstitution3 of
respondents spouses
Luisa Abellanosa and
G~neroso Manalo
(spm1ses Manalo) by
Fil-Estate Properties,
Inc. (FEPI) (collectively,
respondents), and its
January 30, 2013
Resolution4 denying the
motion for
reconsideration thereof.

562. Jurisdiction Noun jooris-dikshən The right of a court to hear a In petitioner‘s appeal, it When the
particular case, based on the claimed that the RTC temporal
scope of its authority over the did not acquire courts
type of case and the parties jurisdiction over the interfered to
to the case. case since the second prevent
amendment of the excess of
Petition for jurisdiction,
Reconstitution was not they did so by
posted and published in prohibiting
accordance with the
Sections 12 and 13 of ecclesiastical
Republic Act No. (RA) court from
26, otherwise la1own as trying and the
An Act Providing for a suitor from
Special Procedure for suing in that
the Reconstitution of court.
Torrens Certificates of
Title Lost or Destroyed.

563. Deeds Verb deeds A deed is a written document The instant case By all real
which is executed with the stemmed from the filing estate deeds
necessary formality (that is, of a petition for the sale of
more than a simple reconstitution on intoxicating
signature), and by which an January 12, 2006 liquors is for
interest, right or property docketed as M.C. No. ever
passes or is confirmed, or an 2006-08, entitled ―In prohibited in
obligation binding on some Re: Petition for Judicial the city; and
person is created or Reconstitution of an act of the
confirmed. Deeds are Original Copies of state
generally enforceable despite Original Certificate of legislature in
any lack of consideration. Title Nos. 7001 (963) 1909
and 7632 and Issuance prohibited the
of New Owners sale of
Duplicate Copies intoxicating
Ther~of Issued by the liquor within r
Register of Deeds for the z m.
Province of Tayabas,
Now Registry of Deeds
for Lucena City/Luisa
Abellanosa and
Generoso Manalo by:
Fil-Estate Properties,
Inc

564. Petition Noun pə-ˈti-shən A petition is a legal document In the petition for The new tax
formally requesting a court reconstitution, the was the
order. Petitions, along with spouses J<v1analo source of
complaints, are considered claimed that they were considerable
pleadings at the onset of a once registered owners public
lawsuit. of two parcels of land in indignation,
Barangay Bocohan, with marches,
Lucena City, Quezon rallies and
Province, more petitions the
particularly described order of the
as Lot Nos. 1457 and day
1249 with a total land throughout
area of 55,086 square the country.
 LEGAL TERMS
meters and covered by
Original Certificate of
Title Nos. 700 l (963)
and 7362, respectively
(collectively,, subject
lots).

565. Appallate Adjective əˈpel.ət involving an attempt to get a Petitioner moved for The mistrial
legal decision changed reconsideration which ruling was
the appellate denied in upheld in
its January 30, 2013 2007 by a
Resolution. state
appellate
court.
566. Mortgage Verb môrgij To make subject to a claim or SECTION 12. Petitions Quotes given
risk; pledge against a for reconstitution from include work
doubtful outcome. sources enumerated in incidental to a
sections 2©, 2(d), 2€, mortgage of
2(±), 3©, 3(d), 3€ and/or the property
3(±) of this Act, shall be where we are
filed with the proper simultaneousl
Court of First Instance, y instructed
by the registered owner, by the
his assigns, or any mortgage
person having an lender.
interest in the property.
The petition shall state
or contain, among other
things, the following: (a)
that the owner‘s
duplicate of the
certificate of title had
been lost or destroyed;
(b) that no co-owner‘s,
m01igagee‘s, or lessee‘s
duplicate had been
issued, or, if any had
been issued, the same
had been lost or
destroyed; ( c) the
location, area and
boundaries of the
property; ( d) the nature
and description of the
buildings or
improvements, if any,
which do not belong to
the owner of the land,
and the names and
addresses of the mvners
of such buildings or
improvements; ( e) the
names and addresses of
the occupants or
persons in possession of
the property, of the
mvners of the adjoining
properties ax1d all
persons ,vho may have
any interest in the
property; (f) a detailed
description of the
encumbrances, if any,
affecting tb.e property;
and (g) a statement
that no deeds or other
instruments affocting
the property have been
presented for
registration, or, if there
be any, the registration
thereof has not been
accomplished, as yet

567. Property Noun propər-tē A thing or things owned; The petition shall state Within four
possessions collectively; esp., or contain, among other years he had
land or real estate owned. things, the following: (a) paid off all his
that the owner‘s remaining
duplicate of the debts without
certificate of title had selling any of
been lost or destroyed; his wife‘s
(b) that no co-owner‘s, property, and
m01igagee‘s, or lessee‘s having
duplicate had been received a
issued, or, if any had small
been issued, the same inheritance
had been lost or on the death
destroyed; ( c) the of a cousin he
location, area and paid his debt
boundaries of the to Pierre as
property; ( d) the nature well.
 LEGAL TERMS
and description of the
buildings or
improvements, if any,
which do not belong to
the owner of the land,
and the names and
addresses of the mvners
of such buildings or
improvements; ( e) the
names and addresses of
the occupants or
persons in possession of
the property, of the
mvners of the adjoining
properties ax1d all
persons ,vho may have
any interest in the
property; (f) a detailed
description of the
encumbrances, if any,
affecting tb.e property;
and (g) a statement
that no deeds or other
instruments affocting
the property have been
presented for
registration, or, if there
be any, the registration
thereof has not been
accomplished, as ye

568. Amendments Noun ə-mĕndmənt The addition, deletion, Rv1oreover, the use of Under this
correction, or other changes the technical provision an
proposed or made to a descriptions as amendment
document. The term is embodied in the blue cannot be
usually capitalized when prints and such other adopted until
referring to an amendment in documents adduced as nearly four
the United States bases for the production years after it
Constitution of the new title, likewise is first
does not necessitate proposed.
another posting and
publi<.-;ation because
while they were newly
mentioned in the
second amendment~
the same wer1;::
already available for the
court to scrutinize
during the first
amendment.

569. Pursuant Adjective pərsooənt In conformance to, or in Pursuant to Section 13, She has acted
agreement with. Article VIII of the as an
Constitution and the Inspector
Division Chairperson‘s appointed
Attestation, I certify pursuant to
that the conclusions in the
the above Decision had Companies
been reached in Act 1985.
consultation before the
case was assigned to
the writer of the opinion
of the Court‘s Division

570. Proceeding Noun prō-sēding The orderly sequence of These are minor She
events that constitute the matters that simply questioned
progression of a lawsuit or tend to assist and guide how the
judicial procedure from the the RTC in conducting investigation
time of commencement, the proceeding. Hence, was
through all acts and the earlier posting and proceeding
occurrences, until and publication of the and her
including the execution of the petition for pointed
final judgment. reconstitution prior to questions
the second amendment forced him to
w~re sufficient for the admit he was
RTC to acquire the prime
jurisdiction on the suspect.
subject matter of the
case.

571. Trial Court Noun ˈtrī(ə)l kôrt A court of law where cases He held that the The trial court
are tried in the first place, as amendment was a valid found that
opposed to an appeals court. exercise of police power her demands
and, although it were not petty
substantially or
diminished the value of unreasonable,
appellants‘ property, it since they
did not take all value. involved
Accordingly, the trial practices she
court dismissed all felt were
appellants‘ claims. racially
discriminator
 LEGAL TERMS
y.
572. Legislative Adjective ˈle-jə-ˌslā-tiv having the power or The threshold issue is In him resides
performing the function of whether, in enacting the the legislative
legislating ordinance, the council power,
was acting in a exercised by
legislative or in a quasi- proclamation.
judicial capacity.

573. Arbitrary Adjective ärbi-trĕrē Arbitrary is defined as The appellants‘ Authoritarian

something that is determined complaints allege that parents may
by judgment or whim and not the amendment was not
for any specific reason or without basis in law understand
rule. and arbitrary, and the reasons
therefore void. The behind the
complaints further state rules they
that the amendment make or
substantially impairs communicate
the rights of the these
appellants, and, if valid, underlying
constitutes a taking reasons to
requiring compensation. their children,
The appellants also making their
request a permanent commands
injunction restraining seem
the city from enforcing arbitrary to
the ordinance. their children.

574. Quasi-Judicial Adjective Having to do with powers
that are to some extent
judicial, as those of certain
federal or state boards and
commissions.
575. Landowner Noun lăndōnər A person who owns land.
The city concedes that However, she
the procedures that believes that
must accompany quasi- when the
judicial activity were not WDA mergers
performed; therefore, if with the
this amendment is Assembly, the
quasi-judicial in nature, commercial
it must be overturned. role and the
quasi-judicial
role must be
kept separate.
It is the well-settled rule Woburn
in Colorado that in Abbey,
order to establish that belonging to
an ordinance which the Russells
restricts the use of land since 1547, is
is unconstitutional, it the seat of the
must be shown that the duke of
―ordinance precludes Bedford, the
the use of [the] property greatest
for any reasonable landowner in
purpose. [Citations].‖ the county
Ford Leasing
Development Co. v.
Board of County
Commissioners, 186
Colo. 418, 426, 528
P.2d 237, 241 (1974)
(emphasis in original);
see also Madis v.
Higginson, 164 Colo.
320, 434 P.2d 705,
(1967) (due process and
just compensation
clauses of the Federal
and State constitutions
do not require that
landowner be allowed to
make the most
profitable use of his
property).

576. Restraint Noun ri-strānt Something that restricts Such a distinction is Gradually,
freedom or prevents someone unpersuasive. Unless however, the
from doing something. the owner has already process was
established a use applied
allowed under the without
previous ordinances but restraint and
not allowed under the the products
―new‖ ordinances, the lost all artistic
chronology of events is quality.
irrelevant. See Penn
Central Transp. Co. v.
New York City, 438 U.S.
104, 130, 98 S.Ct.
2646, 2662, 57 L.Ed.2d
631 (1978) (upholding
nonzoning land use
restraint; ―the
submission that
appellants may
establish a `taking‘
simply by showing that
they have been denied
 LEGAL TERMS
577. Enactment Noun ĕn-ăktmənt The process of making a law,
or acting out a scene from a
play or document.
578. Evidence Noun ˈevədəns The available body of facts or
information indicating
whether a belief or
proposition is true or valid.
579. Hearing Noun hîring Hearing is a proceeding
before a court or other
decision-making body or
officer, such as a government
agency or a legislative
committee.
580. Judgment Noun jŭjmənt The ability to come to
opinions about things; power
of comparing and deciding;
understanding; good sense.
the ability to exploit a
property interest that
they heretofore had
believed was available
for development is quite
simply untenable….‖)
Section 10-62.5 itself Apart from
was offered to the city gardens and
council, through a house-
councilman, at SPEHA‘s property,, all
suggestion. The Denver land was,
Planning Board according to
recommended against this
it; nonetheless, the city enactment,
council adopted section owned by the
10-62.5 on July 19, state;.
1982. No record of the
discussion or
enactment, other than
the voting tally sheet,
exists from the public
hearing that was held.
[i]n order to support a The detective
finding that the action scanned every
of a municipal bit of
legislative body is quasi- evidence.
judicial, all of the
following factors must
exist: (1) a state or local
law requiring that the
body give adequate
notice to the community
before acting; (2) a state
or local law requiring
that the body conduct a
public hearing,
pursuant to notice, at
which time concerned
citizens must be given
an opportunity to be
heard and present
evidence; and (3) a state
or local law requiring
the body to make a
determination by
applying the facts of a
specific case to certain
criteria established by
law.
[i]n order to support a Congress may
finding that the action also sit as a
of a municipal court of
legislative body is quasi- impeachment
judicial, all of the – the senate
following factors must hearing and
exist: (1) a state or local deciding the
law requiring that the case, and the
body give adequate chamber
notice to the community acting as
before acting; (2) a state prosecutor.
or local law requiring
that the body conduct a
public hearing,
pursuant to notice, at
which time concerned
citizens must be given
an opportunity to be
heard and present
evidence; and (3) a state
or local law requiring
the body to make a
determination by
applying the facts of a
specific case to certain
criteria established by
law
Further, this The evidence
amendment fits of date
squarely into our derived from
description of legislative changes in
action: it is prospective the language
in nature, of general is more
application, and difficult to
requires the balancing formulate,
of questions of and the
judgment and inquiry calls
discretion. for the most
diligent use of
 LEGAL TERMS
scientific
method and
critical
judgment.
581. Presumption Noun pri-zŭmpshən An acceptance of something Once it is established He said:
as true without proof, or an that the amendment is There should
attitude of superiority. legislation, a be a
presumption of presumption
constitutionality in favor of
attaches; this allowing
presumption can only juries to
be overcome by proof assess the
beyond a reasonable veracity of
doubt. Mosgrove v. evidence
Town of Federal
Heights, 190 Colo. 1, 4,
543 P.2d 715, 717
(1975).

582. Discretion Noun di-skrĕshən The right of someone to make Absent fraud or clear In exceptional
choices or the quality of abuse of discretion, the circumstance
someone who is careful about judicial branch should s then this
what they do or say. not interfere with rule may be
legislative actions. waived at the
McCray v. City of admin‘s
Boulder, 165 Colo. 383, discretion.
390, 439 P.2d 350, 354
(1977).

583. Merit Noun mĕrit Intrinsic rightness or The claim that the City Darwin‘s
wrongness apart from Council has turned great merit
formalities, emotional control of appellants‘ was that he
considerations, etc. land over to SPEHA is excluded from
without merit. While his theory of
SPEHA proposed and development
lobbied for the any necessary
amendment, it was assumption of
passed by the city the
council. transmission
of acquired
characters.
584. Abdicated Verb ăbdi-kāt To formally and/or publicly Holding that the council The Allies
give up a position of power or thereby abdicated its defeated
a responsibility, usually by responsibilities would Napoleon,
choice. defeat the entire entered Paris,
purpose of having a forced
republican form of Napoleon to
government; i.e., for a abdicate, and
legislature to evaluate sent him to
competing interests and the island of
determine what was the Elba, not
best course of action depriving him
based on those different of the title of
interests. Emperor and
showing him
every respect,
though five
years before
and one year
later they all
regarded him
as an outlaw
and a brigand
585. Legitimate Adjective lə-jitə-mit In accordance with the law or Appellants argue It is a
established legal forms and further that, even if the legitimate
requirements; lawful protection of the question that
mountain view is a deserves a
legitimate purpose, this carefully
must be accomplished reasoned
by a formal rezoning. answer
Once it is settled that
protection of aesthetics
is a legitimate function
and it is clear that this
amendment is related to
that goal, the city is free
to choose the method of
implementing that goal,
within the
constitutional
parameter that the
enactment is not
arbitrary or capricious.

586. Zoning Laws Noun Zo-ning la-ws The creation by a legislature Other states have Most
of geographical sectors within allowed nonzoning communities
a municipality or other height restrictions in an have zoning
geographical entity, in which effort to protect ordinances
different uses of or activities aesthetics. See, e.g., regulating the
upon property are permitted Polygon Corp. v. City of location of
or forbidden. Seattle, 90 Wash.2d 59, additional
 LEGAL TERMS
578 P.2d 1309 (1978) structures on
(building permit for 13- your lot
story building, which
complied with all
applicable zoning laws,
denied due to adverse
(primarily visual)
environmental
concerns); State of
Washington, Dep‘t. of
Ecology v. Pacesetter
Construction Co., 89
Wash.2d 203, 571 P.2d
196 (1977) (nonzoning
ordinance limiting
buildings to 35 feet for
aesthetic reasons
upheld); Piper v.
Meredith, 110 N.H. 291,
266 A.2d 103 (1970)

587. Compensation Noun kompən- Something, such as money, Appellants‘ final One-tenth of
sāshən given or received as payment constitutional argument the tax is paid
or reparation, as for a service is that section 10-62.5 to the
or loss. constitutes a taking of communes as
private property without see for
just compensation. revenues
made over to
the state
588. Invalidate Verb in-văli-dāt To make invalid. Especially We conclude this The circuit
applied to contract law. amendment is court judge‘s
legislative in nature; ruling was
thus the lack of quasi- invalidated by
judicial procedure does a superior
not invalidate it. judge.

589. Reasonable Doubt Noun Re-so-ba-ble- The amount of doubt that Once it is established There can be
doubt would cause one to believe that the amendment is no reasonable
that the defendant might not legislation, a doubt that
actually be guilty of the presumption of the Levite
charged offense(s). constitutionality here was
attaches; this member of a
presumption can only priestly tribe
be overcome by proof or order, and
beyond a reasonable this view is
doubt. Mosgrove v. confirmed by
Town of Federal the discovery
Heights, 190 Colo. 1, 4, of what is
543 P.2d 715, 717 really the
(1975). same word in
south Arabian
inscriptions
590. Assault Noun ə-sôlt The definition of an assault is Appellants‘ first assault If the assault
an act that causes verbal or on the constitutionality only led to
physical injury. of section 10-62.5 injury and
stems from their was
characterization of the unintentional,
amendment as special the assailant
legislation. Special state in a quarrel
legislation is invalid, had to pay
Colo. Const. art. V, § the doctor‘s
25, and this prohibition fees.
has long ago been
applied to
municipalities. See City
and County of Denver v.
Bach, 26 Colo. 530, 58
P. 1089 (1899). The
amendment constitutes
special legislation, in
appellants‘ view,
because it turns control
of appellants‘ land over
to SPEHA, and it
includes an exception
for already existing
structures.

591. Murder verb ˈmer-der to kill (a human being) The Supreme Court has A dictator
unlawfully and with commended Judge Stela who is
premeditated malice Marie Q. Gandia- responsible
Asuncion of Branch for murdering
106, Regional Trial thousands of
Court (RTC) of Paniqui, innocent
Tarlac, for expeditiously people
resolving the
consolidated murder
cases of a police officer
whose fatal shooting of
his neighbors Sonya
Gregorio and her son
 LEGAL TERMS
Frank Anthony Gregorio
on December 20, 2020
was caught on a video
that went viral on both
social and mass media.

592. Case noun kās a legal dispute. Case ―I congratulate Judge He remained
sometimes means the matter Stela Marie Q. Gandia- adverse to
on which an attorney or Asuncion for her swift any case
paralegal are working for the and efficient resolution where he
client, as in ―our client‘s case of the murder cases knew for sure
is going to trial next week.‖ raffled to her,‖ said that someone
The word may also refer to a Chief Justice Alexander was killed.
published opinion. G. Gesmundo.

593. Mandate verb ˈman-ˌdāt ―command‖; often an order The timely resolution of How far has
by one branch of government cases is both a the
instructing another branch to constitutional mandate department
do something and a key aspect in the come in
delivery of justice. fulfilling the
mandate of
Congress to
establish this
new
department?
594. Justice noun ˈjə-stəs The process or result of using She was able to hear No bullying of
laws to fairly judge and and resolve these two the innocent
punish crimes and criminals cases in eight months. is allowed and
The timely resolution of it is
cases is both a encouraged to
constitutional mandate take up the
and a key aspect in the cudgels to
delivery of justice. uphold justice
and truth.
595. Judiciary noun jü-ˈdi-shē-ˌer- Judiciary is defined as a May her example The judiciary
ē group of judges, or the part of inspire all of us to is composed
government that manages the continue working of a supreme
administration of justice. towards a Judiciary court of seven
that is both receptive members, a
and responsive to the court of
needs of our citizenry chancery, a
and the community,‖ county court
added the Chief Justice. in each
county, a
probate court
in each
probate
district, and
justices of the
peace.
596. Render verb ren-dər to cause (someone or Judge Gandia-Asuncion Four serial
something) to be in a rendered the Joint killers have
specified condition Decision in Criminal been rendered
Case Nos. 313-20 and permanently
314-40 two months inoperative.
ahead of the 10-month
deadline for hearing and
deciding criminal cases.

597. Criminal adjective ˈkri-mə-nᵊl The definition of criminal is The case was raffled to I don't want
someone or something Judge Gandia-Asuncion some
related to the commission of before the end of dangerous cri
a crime. December 2020. Judge minal living
Gandia-Asuncion, who next door.
was a Municipal Trial
Court Judge for more
than ten years prior to
her promotion to the
RTC in 2019, set the
case for hearing and
conducted continuous
trial in accordance with
the Guidelines for
Continuous Trial in
Criminal Cases.

598. Guilty adjective gil-tee having committed an offense, Police Senior Master In March
crime, violation, or wrong, Sergeant Jonel Nuezca, 2008, Chi
especially against moral or now dismissed from Mak is
penal law; justly subject to a service, was found found guilty a
certain accusation or penalty; guilty beyond nd sentenced
culpable: reasonable doubt of the to 24 years in
crime of murder (two prison for
counts) and was conspiring to
sentenced to suffer the export
penalty of reclusion military
perpetua for each technology to
conviction. China, among
other crimes
599. Crime verb krahym A crime is an act or instance Police Senior Master Those results
that is considered to be Sergeant Jonel Nuezca, will now be
 LEGAL TERMS
against the morals or laws of now dismissed from uploaded to
society service, was found an FBI
guilty beyond database to
reasonable doubt of the be cross-
crime of murder (two referenced
counts) and was from results
sentenced to suffer the from
penalty of reclusion other crimes
perpetua for each to potentially
conviction. identify
perpetrators.
600. Sentenced verb sen·tenced An authoritative decision; a Police Senior Master Becoming
judicial judgment or decree, Sergeant Jonel Nuezca, more violent
especially the judicial now dismissed from Thistlewood
determination of the service, was found formed other
punishment to be inflicted on guilty beyond plots, talked
a convicted criminal: reasonable doubt of the of murdering
crime of murder (two the prince of
counts) and was Wales, and
sentenced to suffer the was sentence
penalty of reclusion d to a year's
perpetua for each imprisonment
conviction. for
challenging
the home
secretary,
Lord
Sidmouth, to
a duel.
601. Penalty noun pen·al·ty A punishment fixed by law, Police Senior Master Juan were
as for a crime or breach of Sergeant Jonel Nuezca, court-fees
contract now dismissed from paid when the
service, was found prosecutor
guilty beyond was claiming
reasonable doubt of the a part of
crime of murder (two the penalty w
counts) and was hich the
sentenced to suffer the defendant
penalty of reclusion would be
perpetua for each called upon to
conviction. pay if he lost.

602. Reclusion noun Re-klus-syon- Reclusión perpetua is Police Senior Master Jonel Nuezca,
Perpetua per-pe-twa prescribed on crimes Sergeant Jonel Nuezca, the cop whose
punishable by the Revised now dismissed from cold-blooded
Penal Code, while life service, was found shooting of
imprisonment is imposed on guilty beyond his two
offenses punishable by reasonable doubt of the neighbors
Special Laws. crime of murder (two caused a
counts) and was nationwide
sentenced to suffer the uproar in
penalty of reclusion December
perpetua for each 2020, has
conviction. been
convicted of
two counts of
murder and
sentenced to
reclusión
perpetua.
603. Conviction noun con·vic·tion the act or process of finding a Police Senior Master In many
person guilty of a crime Sergeant Jonel Nuezca, instances
especially in a court of law now dismissed from the conviction
service, was found of a temporal
guilty beyond court is made
reasonable doubt of the conclusive on
crime of murder (two the bishop
counts) and was without
sentenced to suffer the further trial.
penalty of reclusion
perpetua for each
conviction.

604. Heirs noun ˈer a person legally entitled to He was also ordered to Louis appears
the property or rank of pay the heirs of the to have been
another on that person's victims civil indemnity previously
death. and damages. promised this
succession,
and to
strengthen
his claim
married his
son, Otto, to
Agnes, the
sister of
Henry, the
count
palatine, who
died
without heirs
in 1214.
 LEGAL TERMS
605. Victim noun vic·tim one that is injured, He was also ordered to Upon arrival
destroyed, or sacrificed under pay the heirs of the the officers
any of various conditions victims civil indemnity found one
and damages. male victim s
uffering from
a gunshot
wound, police
said.
606. Civil noun civ·il of or relating to citizens He was also ordered to They got
pay the heirs of the married in
victims civil indemnity a civil ceremo
and damages. ny at city hall.

607. Indemnity noun in·dem·ni·ty security against hurt, loss, or He was also ordered to an agreement
damage pay the heirs of the providing inde
victims civil indemnity mnity against
and damages. prosecution

has paid $2
million
in indemnities
608. Trial Court noun Tra-yal-kort the court before which issues The case was raffled to John was
of fact and law are first Judge Gandia-Asuncion declared to
determined as distinguished before the end of have regained
from an appellate court December 2020. Judge his
Gandia-Asuncion, who competency,
was a Municipal Trial returned to
Court Judge for more the trial
than ten years prior to court for
her promotion to the conviction
RTC in 2019 and released.

609. Judge noun jəj a person who has the power Judge Gandia-Asuncion The Arizona
to make decisions on cases could have promulgated Lottery said
brought before a court of law the decision even earlier one-third of
were it not for the two the unclaimed
separate forced prize money
lockdowns of her court went to the
and of the Office of the Court
Prosecutor due to the Appointed
COVID-19 infections. Special
Advocates
where
volunteers
appointed by
a judge speak
on behalf of
abused and
neglected
children in
court.
610. Hearing noun hear·ing opportunity to be heard, to Judge Gandia-Asuncion Bakke
present one's side of a case, rendered the Joint scheduled
or to be generally known or Decision in Criminal another heari
appreciated. a session (as of a Case Nos. 313-20 and ng for March
legislative committee) in 314-40 two months 15, 2022,
which testimony is taken ahead of the 10-month nearly a year
from witnesses deadline for hearing and after the
deciding criminal cases. shooting, to
discuss
whether any
progress has
been made
treating Alissa
and to decide
what should
happen next.
611. Witnesses noun wit·ness one that gives evidence. one She heard a total of Jason,
asked to be present at a eight witnesses, five for a witness to
transaction so as to be able the prosecution, and the incident,
to testify to its having taken three for the defense, said the bus
place. one who has personal including the accused, struck every
knowledge of something who testified through single car on
videoconferencing from on block,
the detention facility. WABC in New
York reported.
612. Prosecution adjective pros·e·cu·tion the institution and She heard a total of The burden of
continuance of a criminal eight witnesses, five for proving self-
suit involving the process of the prosecution, and defense in
pursuing formal charges three for the defense, court has
against an offender to final including the accused, been removed
judgment who testified through in many
videoconferencing from jurisdictions,
the detention facility. shifting the
responsibility
to disprove
self-defense to
the prosecutio
n.
 LEGAL TERMS
613. Defense adjective de·fense A defense is put forward by a She heard a total of Holmes‘s
party to defeat a suit or eight witnesses, five for lawyer, Lance
action brought against the the prosecution, and Wade, had
party, and may be based on three for the defense, hinted to the
legal grounds or on factual including the accused, jury in his
claims. who testified through opening
videoconferencing from argument in
the detention facility. September
that part of
her defense w
as to blame
Balwani.
614. Accused noun ac·cused one charged with an offense She heard a total of On his return
especially, the defendant in a eight witnesses, five for to Rome, he
criminal case the prosecution, and was accused
three for the defense, of extortion in
including the accused, his province.
who testified through
videoconferencing from
the detention facility.

615. Detention noun de·ten·tion Detention is the process She heard a total of The
whereby a state or private eight witnesses, five for government
citizen lawfully holds a the prosecution, and requested
person by removing their three for the defense, Sanders be
freedom or liberty at that including the accused, placed on
time. who testified through home detentio
videoconferencing from n for two
the detention facility. months while
on probation,
citing his
military
background
as a reason
for the stiffer
punishment,
records show.
616. Promulgated verb pro·mul·gate to make (an idea, belief, etc.) Judge Gandia-Asuncion In 2000, over
known to many people by could have promulgated dinner at the
open declaration the decision even earlier Cosmos Club
were it not for the two in
separate forced Washington,
lockdowns of her court Mr. Paller
and of the Office of the convened a
Prosecutor due to the group of
COVID-19 infections. cybersecurity
luminaries
who
discussed the
need
to promulgate
best
practices.
617. Decision noun de·ci·sion choice that you make about Judge Gandia-Asuncion Georgia
something after thinking could have promulgated leaders also
about it : the result of the decision even earlier reacted in
deciding were it not for the two support of the
separate forced jury's decisio
lockdowns of her court n.
and of the Office of the
Prosecutor due to the
COVID-19 infections.

618. Court noun kȯrt court, also called court of Judge Gandia-Asuncion The suspect
law, a person or body of could have promulgated in the crash
persons having the decision even earlier that killed at
judicial authority to hear and were it not for the two least five
resolve disputes in civil, separate forced people and
criminal, ecclesiastical, or lockdowns of her court injured more
military cases. and of the Office of the than 40 at a
Prosecutor due to the Wisconsin
COVID-19 infections. parade over
the weekend
will appear
in court today
.
619. Guidelines noun guide·line Guideline means a She gave the defense Differences in
written statement of two additional trial weather from
regulatory intent or policy dates in June, and re- year to year
for the scheduled the and the city
information and guidance of l promulgation to August, where your
icensees, issued by the which was well within lawn is
Regulator, or by any the period prescribed by located can
other relevant the Guidelines. change the
person determined and advis spray window
ed to licensees by the for optimum
Regulator; results, so
use the dates
above as
a guideline an
d adjust as
 LEGAL TERMS
needed due to
weather
conditions.
620. Trial Noun/verb tri·al the formal examination The case was raffled to The trial is
before a competent tribunal Judge Gandia-Asuncion expected to
of the matter in issue in a before the end of last about
civil or criminal cause in December 2020. Judge seven days,
order to determine such issue Gandia-Asuncion, who but could go
was a Municipal Trial as long as 10
Court Judge for more days,
than ten years prior to according to a
her promotion to the memorandum
RTC in 2019, set the filed by
case for hearing and prosecutors.
conducted continuous
trial in accordance with
the Guidelines for
Continuous Trial in
Criminal Cases.

621. Affirmed verb uh-furmd state as a fact; assert The ECC Decision He affirmed
strongly and publicly. affirmed the decision of the country's
the Social Security commitment
System (SSS) denying to peace.
Belinda C. Cuento's
(respondent) claim for
death benefits under
the Employee's
Compensation Law of
Presidential Decree
No. (PD) 626.

622. Denied verb duh-nide state that one refuses Respondent filed for They deny
death any
to admit the truth or responsibility
benefits with the for the
existence of.
SSS. However, the tragedy.
reviewing branch
denied
respondent's
claim.

623. Evidence noun ev-i-dence the available body of facts or
information indicating
whether a belief or
proposition is true or valid.
In the absence of any The study
substantial evidence finds little
showing causal evidence of
relationship between overt
the fatal ailment of the discriminatio
deceased and his n.
working conditions, it is
reasonable to conclude
that atherosclerosis
caused the
manifestation of his
myocardial infarction.

624. Appealed verb ap-peal make a serious or urgent Undaunted, respondent Police are
request, typically to the appealed to the CA appealing for
public. through a Petition for information
Review under Rule 43 of about the
the Rules of
incident.
Commission.

625. Petition noun pe-ti-tion a formal written request, In the Decision9 dated She was
typically one signed by many December 17, 2015, the asked to sign
people, appealing to authority CA granted the petition a petition
with respect to a particular and reversed and set against plans
cause. aside the Decision of to build on
the ECC. the local
playing

fields.
626. Assailed verb as-sail make a concerted or violent The assailed Decision The Scots
attack on. dated February 27, army assailed
2015 of the Employees' Edward's
Compensation army from the
Commission (ECC) in rear.
FCC Case No. SM-
19368-0113-
15 is hereby
REVERSED
and SET ASIDE.

627. Amended verb a-mend make minor changes in (a The issue is whether The rule was
text) in order to make it Maximo's myocardial amended to
fairer, more accurate, or more infarction 1s a apply only to
up- compensable disease non-
under members.
to-date.
 LEGAL TERMS
PD 626, as amended.

628. Respondent noun re-spond-ent a person who replies to It avers that respondent Most
utterly failed to adduce
something, especially one respondents
substantial evidence
supplying information for a to our
to show that the
survey or questionnaire or questionna
conditions of the law
responding to an ire
were complied with.
advertisement considered
their
practices
to be in
accordanc
e with
current
medical

guidelines
629. Undisputed adjective un-dis-put-ed not disputed or called in She avers that it is The
question; accepted. undisputed that undisputed
Maximo suffered a heavyweight
stroke while working. champion of
the

world.
630. Merit noun mer-it the quality of being The petition is without Composers of
particularly good or worthy, outstanding
especially so as to deserve merit. merit.
praise or

reward.
631. Precipitated verb pre-cip-i-tate cause (an event or situation, There must be proof The incident
typically one that is bad or that an acute precipitated a
undesirable) to happen exacerbation was clearly political
suddenly, unexpectedly, or precipitated by the crisis.
unusual strain by
prematurely. reasons of the nature of
his work.

632. Constitute verb con-sti-tute be (a part) of a whole. The strain of work that Single
brings about an acute parents
attack must be of constitute a
sufficient severity and great
must be followed proportion of
within 24 hours by the the poor.
clinical sign s of a
cardiac insult to
constitute causal
relationship.

633. Compliant adjective com-pli-ant inclined to agree with others If a person is a known A compliant
or obey rules, especially to an hypertensive, it must be
excessive degree; proven that his labor force.
acquiescent. hypertension was
controlled and that he
was compliant with
treatment.

634. Deliberate adjective de-lib-er-ate done consciously and There was no deliberate A deliberate
intentionally. act on the part of the attempt to
employee to disregard provoke
the safety measures or conflict.
ignore established
warning or
precaution.

635. Provision noun pro-vi-sion the action of providing or Applying the foregoing New contracts
supplying something for use. provisions, and after a for the
review of the records, provision of
the Court holds that services.
there is substantial
evidence to rule that the
death of respondent's
husband is
compensable.

636. Plausible adjective plau-si-ble (of an argument or statement) The only plausible A plausible
seeming reasonable or conclusion in the
probable. instant case is that explanation.
respondent's husband
worked under risks of
stress and strain that
greatly contributed to
his
myocardial infarction.
 LEGAL TERMS
637. Attest verb at-test provide or serve as clear I attest that the His status is
evidence of. conclusions in the attested by
above Decision had his recent
been reached in promotion.
consultation before the
case was assigned
to the writer of the
opinion of the Court's
Division.

638. Pursuant adverb pur-su-ant In accordance with (a law or Pursuant to Section 13, Conversations
a legal document or Article VIII of the that they
resolution). Constitution and the wiretap
Division Chairperson's pursuant to
Attestation, I certify court order.
that the conclusions in
the above Decision had
been reached in
consultation before the
case was assigned to
the writer of the opinion
of the
Court's Division.

639. Reversed adjective rəˈvərst turned the other way around The Decision dated A reversed S-
or up or inside out. December 17, 2015 shape.
of the Court of
Appeals (CA) in CA-
G.R. SP No. ]
,:.0167 which
reversed and set
aside the
Decision3 dated
February 27, 2015
of the Employees'
Compensation
Commission
(ECC) in ECC CASE
No. SM- 19368-0113-
15.

640. Denying verb de-ny state that one refuses to The ECC Decision They deny
admit the truth or existence affirmed the decision of any
of. the Social Security responsibility
System (SSS) denying for the
Belinda C. Cuento's tragedy.
(respondent) claim for
death benefits under
the Employee's
Compensation Law of
Presidential Decree
No. (PD) 626.
641. Decision noun de-ci-sion a conclusion or resolution In the Decision dated I'll make the
reached after consideration. December 17, 2015, decision on
the CA granted the my own.
petition and reversed
and set aside the
Decision of the ECC.
642. Designated verb des-ig-nate appoint (someone) to a Designated additional He was
specified position. member per Special designated as
Order No. 2835 dated prime
July 15, minister.
2021.
643. Antecedent noun an-te-ced-ent a thing or event that existed The Antecedents. Some
before or logically precedes Respondent's antecedents
another. husband, Maximo M. to the African
Cuento (Maximo), was novel might
employed as a exist in
motorized messenger Africa's oral
by Gold Rush Services, traditions.
Corp.
assigned at Metro
Bank.
644. Contract noun con-tract a written or spoken His last assignment Both parties
agreement, especially one and contract was in must sign
concerning employment, February 2011 until he employment
sales, or died on October 4, contracts.
2011.
tenancy, that is intended to
be

enforceable by law.
645. Declared adjective de-clared openly or formally asserted or The hospital declared Despite the
announced. him dead on arrival. company's
declared good
intentions,
some
remained
 LEGAL TERMS
sceptical.
646. Sustained adjective sus-tained continuing for an extended The denial was Several years
period or without sustained by SSS- of sustained
interruption. Medical Operations economic
Department.
growth.
647. Subjected verb sub-ject bring (a person or country) It ruled that there was The city had
under one's control or no showing that been
jurisdiction, typically by Maximo had been subjected to
using force. subjected to unusual Macedonian
strain at work when he rule.
suffered from a stroke
while on duty.
648. Substantial adjective sub-stan-tial of considerable importance, In the absence of any A substantial
size, or worth. substantial evidence
showing causal amount of
relationship between cash.
the fatal ailment of the
deceased and his
working conditions, it
is reasonable to
conclude that
atherosclerosis caused
the manifestation of
his
myocardial infarction.
649. Undaunted adjective un-daunt-ed not intimidated or Undaunted, They were
discouraged by difficulty, respondent appealed undaunted by
danger, or disappointment. to the CA through a the huge
Petition for Review amount of
under Rule 43 of the work
Rules of
Court. needed.
650. Aggravated adjective ag-gra-vat-ed (of a penalty) made more His everyday exposure Aggravated
severe in recognition of the under the sweltering
seriousness of an offense. heat of the sun during damages.
the summer season
and his exposure to
rain during the rainy
season
aggravated by his
susceptibility to
smoke- belching
vehicles are enough
proof of the
strenuous
nature of his work.
651. Human Rights noun hu·man right a right that is believed to Victims of torture, People in the
belong justifiably to every summary execution Philippines
person. and disappearance have human
filed suits for damages, rights to go
in the form of a class on with their
action as well as lives.
individual direct
actions, against the
Estate of the former
President of the
Philippines, Ferdinand
E. Marcos (MARCOS),
for human rights
violations
652. Martial Law noun mar·tial law a system of complete control as President of the Martial law
by a country's military over Philippines, declared has been
all activities, including martial law, from declared and
civilian, in a theoretical or September 21, 1972 to imposed on
actual war zone, or during a February 25, 1986. the year of
period of emergency caused 1972 to 1981
by a disaster
653. Litigation noun lit·i·ga·tion any lawsuit or other resort to MARCOS was a Everyone
the courts to determine a resident of Hawaii at made a
legal question or matter. the time he was served payment to
with the complaints avoid
that are the threatened
subject *1462 of this litigation.
litigation but he died
during the pendency of
these actions.
654. Liability noun li·a·bil·i·ty liability means legal The action was tried in A person
responsibility for one's acts or the three phases: (1) which has
omissions. liability, (2) exemplary responsible
damages, and (3) for his/her
compensatory liability.
damages, over a nine-
year period from 1986
to 1995.
655. Exemplary Adjective / ex·em·pla·ry often called punitive The action was tried in Exemplary
Damage noun dam·age damages, these are damages the three phases: (1) damage for
requested and/or awarded in liability, (2) exemplary the
a lawsuit when the damages, and (3) defendant.
 LEGAL TERMS
defendant's willful acts were compensatory
malicious, violent, damages, over a nine-
oppressive, fraudulent, year period from 1986
wanton or grossly reckless. to 1995.
656. Compensatory Adjective / com·pen·sa·to· damages recovered in The action was tried in Compensator
Damage noun ry dam·age payment for actual injury or the three phases: (1) y damage for
economic loss, which does liability, (2) exemplary the injury or
not include punitive damages damages, and (3) the economic
(as added damages due to compensatory loss of the
malicious or grossly negligent damages, over a nine- person.
action). year period from 1986
to 1995.
657. Plaintiff noun plain·tiff the party who initiates a this Court allowed the The plaintiff
lawsuit by filing a complaint jury to consider the commenced
with the clerk of the court damages to a random an action for
against the defendant(s) sample of plaintiffs as damages
demanding damages, representative of the
performance and/or court injuries suffered by
determination of rights. those in the three
subclasses
658. Testimony noun tes·ti·mo·ny oral evidence given under the jury reconvened The defendant
oath by a witness in answer and after hearing gives his/her
to questions posed by several representatives testimony to
attorneys at trial or at a of the class and the the judge.
deposition (questioning under testimony of the
oath outside of court) Special Master found
the defendant liable to
the class for over $766
million in
compensatory
damages
659. Defendant noun de·fend·ant the party sued in a civil the defendant liable to The defendant
lawsuit or the party charged the class for over $766 tried to give
with a crime in a criminal million in some
prosecution. In some types of compensatory evidence to
cases (such as divorce) a damages, with the lawyer
defendant may be called a individual plaintiff's and claim
respondent. awards ranging from that it was
$150,000 to $700,000. self-defense.
660. Jury Trial noun ju·ry a trial of a lawsuit or criminal Furthermore, the fact The court of
prosecution in which the case that defendants did appeal was
is presented to a jury and the not have the juried by a
factual questions and the opportunity to cross- well
final judgment are examine all class professional
determined by a jury. plaintiffs, because only worker.
the testimony of 137
claimants was
presented in the
report, did not violate
defendant's right to a
jury trial under the
Seventh Amendment of
the United States
Constitution.
661. Federal Court Adjective / fed·er·al court the court system which He has testified as an The two
noun handles civil and criminal expert in those areas alleged
cases based on jurisdictions in both state and criminal are
enumerated in the federal courts. awaiting trial
Constitution and federal in federal
statutes. They include federal court.
district courts which are trial
courts, district courts of
appeals and the U.S.
Supreme Court, as well as
specialized courts such as
bankruptcy
662. Evidence noun ev·i·dence every type of proof legally he served as a court- The evident is
presented at trial (allowed by appointed expert on the only proof
the judge) which is intended damages, under you have in
to convince the judge and/or Federal Rule of court.
jury of alleged facts material Evidence 706
to the case.
663. Civil adjective civ·il that part of the law that The depositions which You're
encompasses business, the Special Master violating
contracts, estates, domestic oversaw were noticed my civil rights
(family) relations, accidents, and taken in
negligence and everything accordance with the
related to legal issues, Federal Rules of Civil
statutes and lawsuits, that is Procedure.
not criminal law. In a few
areas civil and criminal law
may overlap or coincide.
664. Civil Procedure Adjective / civ·il the complex and often The depositions which The rule is
noun pro·ce·dure confusing body of rules and the Special Master referred in the
regulations set out in both oversaw were noticed civil
state (usually Code of Civil and taken in procedure
Procedure) and federal accordance with the amendments
(Federal Code of Procedure) Federal Rules of Civil rules.
laws which establish the Procedure.
format under which civil
 LEGAL TERMS
lawsuits are filed, pursued
and tried.
665. Estate noun es·tate all that one owns in real Nor did the ESTATE He/she
estate and other assets. 2) choose to depose any discussed est
commonly, all the of the 9,541 class ate affairs
possessions of one who has members to test the every day.
died and are subject to procedure employed by
probate (administration the Court, or to
supervised by the court) and acquire evidence to
distribution to heirs and refute the fairness to
beneficiaries, all the the defendant of this
possessions which a random selection
guardian manages for a ward process using
inferential statistical
methodology.
666. Abuse verb a·buse cruel and violent treatment of whether the Philippine The mother is
a person or animal. military or paramilitary being abuse.
was involved in such
abuse
667. Victims noun vic·tim a person harmed, injured, or In his report and Our
killed as a result of a crime, testimony, the Special neighborhood
accident, or other event or Master made damage is a victim of
action. determinations for rape.
torture victims by
ranking each claim
from 1-5, with 5
representing the worst
abuses and suffering.
668. Judge noun judge a public official appointed to The torture claims The judge
decide cases in a court of law. were evaluated based gives a final
upon Judge Real's decision to
decision in Trajano v. the court.
669. Erroneous adjective er·ro·ne·ous -in error, wrong. the risk of erroneous The defendant
deprivation of the makes an
-not according to established interest through the erroneous
law, particularly in a legal procedures used assumption.
decision or court ruling.
670. Jurisdiction noun ju·ris·dic·tion the authority given by law to "Was designed to some
a court to try cases and rule preserve the basic jurisdictions
on legal matters within a institution of jury trial there is a
particular geographic area in only its most mandatory
and/or over certain types of fundamental elements, death
legal cases. not the great mass of sentence for
procedural forms and murder.
details, varying even
then so widely among
common-law
jurisdictions."
671. Justice noun jus·tice a scheme or system of law in Pragmatic application The victim of
which every person receives of these rules, abuse is
his/ her/it‘s due from the consistent with justice, having
system, including all rights, is all that is necessary his/her
both natural and legal. for the justice.
presentation *1469 of
the facts necessary for
a jury determination.
672. Case noun case short for a cause of action, the jury did determine A murder
lawsuit, or the right to sue the facts of the case, case.
673. Legislation noun leg·is·la·tion laws, considered collectively. ("Some [problems] will The
lack express statutory government
sanction but will be made
solved by looking at legislation.
the policy of the
legislation and
fashioning a remedy
that will effectuate that
policy.");
674. Judgment noun judg·ment the final decision by a court Judgment shall be Judgment will
in a lawsuit, criminal entered for plaintiffs. be held in the
prosecution or appeal from a court.
lower court's judgment
675. Summary Noun/ sum·ma·ry an execution in which a The euphemism for The father
Execution noun x·e·cu·tion person is accused of a crime torture, disappearance was accused
and immediately killed or summary execution. of killing
without the benefit of a full that‘s why the
and fair trial. judge make a
decision of
execution.
676. Injunction noun in·junc·tion a writ (order) issued by a the Ninth Circuit Failure to
court ordering someone to do affirmed an appeal obey a
something or prohibiting from a preliminary court injuncti
some act after a court injunction entered into on may result
hearing. by this Court enjoining in
the Estate from proceedings
transferring, secreting for contempt
or dissipating the of court.
estate's assets pending
resolution of the
litigation.
 LEGAL TERMS
677. District Court Noun/ dis·trict court in the federal court system, a United States District every final
noun trial court for federal cases in Court, D. Hawai`i. decision of
a court district, which is all a district
or a portion of a state. 2) a court is
local court in some states. subject to
review.
678. Document noun doc·u·ment a popular generic word In re ESTATE OF The document
among lawyers for any paper Ferdinand E. MARCOS is being held
with writing on it. Technically HUMAN RIGHTS by the
it could include a piece of LITIGATION. authority.
wood with a will or message This Document Relates
scratched on it. to all Cases.
679. Action noun ac·tion a lawsuit in which one party the jury did determine an action for
(or parties) sues another. the facts of the case, damage
as the substance of the
action was presented
to the jury.
680. Electorate noun uh·lek·tr·uht the people in a country or an The protestant has This radical
area who have the right to effectively abandoned reconstructio
vote, thought of as a group. or withdrawn his/her n of the
protest, or abandoned electorate
his/her determination necessarily
to protect and pursue made the
the public interest result of the
involved in the matter elections
of who is the real doubtful.
choice of the
electorate.
681. Prosecute verb pros·e·cute to bring legal action against HOFER v. HRET, G.R. In those days
for redress or punishment of No. 158833 (May 12, victims of
a crime or violation of law 2004) EN BANC The robberies
inaction and lack of constantly
interest of the compounded
protestant to prosecute with felonies
the election protest and paid
can lead to the blackmail to
dismissal of the protest thieves,
before the HRET. promising not
to prosecute o
n the
restitution of
a portion of
the stolen
property.
682. Protestant noun prot·es·tant a member or follower of any A protestant who runs The Protestan
of the Western Christian for another office is t response
churches that are separate deemed to have was not long
from the Roman Catholic abandoned his/her in coming.
Church and follow the protest.
principles of the Reformation,
including the Baptist,
Presbyterian, and Lutheran
churches
683. Moot adjective müt subject to debate, dispute, or An election protest for The origin of
uncertainty. the position of these cells is
President is rendered a moot point.
moot and academic by
virtue of the
Protestant‘s
assumption of the
office of Senator and
the discharge of the
function and duties
thereof.
684. Merit noun mer·it the quality of being By ordering the re- Rank is
particularly good or worthy, canvass of all the nominally
especially so as to deserve election returns, the determined
praise or reward. COMELEC En Banc in by merit, as
effect rendered a tested by
decision on the merits competitive
of a case which was examinations.
still pending before its
First Division
685. Motu Proprio noun mo·tu proprio a rescript initiated and issued SANDOVAL v. And on the
by the pope of his own accord COMELEC, G.R. No. 21st of
and apart from the advice of 133842 (January 26, November
others 2000) EN BANC The 1907 a papal
phrase "motu proprio" motu proprio
does not refer to the declared all
annulment of the decisions
proclamation but to of the Biblical
the manner of Commission,
initiating the past and
proceedings to annul a future, to be
proclamation made by as binding
the BOC. upon the
conscience as
decrees of the
Roman
Congregations
 LEGAL TERMS
.
686. Proclamation noun proc·la·ma· a public or official In observance of due Her proclamat
tion announcement, especially process, the law ion startled
one dealing with a matter of requires that hearing them in to
great importance. be held before the silence.
COMELEC rules on the
petition to annul the
proclamation.
687. Arbiter noun ar·bi·ter a person with power to decide In ruling on the He was
a dispute : judge The mayor question of the accepted
will act as the final arbiter in existence of a manifest as arbiter and
any dispute between board error in a certificate of his decision
members canvass, the brought an
COMELEC is required end to the
to act as an arbiter strife.
exercising its
quasijudicial power.
688. Petitioner noun pe·ti·tion·er a person who presents a the resolution in By signing the
petition to an authority in question contemplates form,
respect of a particular cause. a hearing before the the Petitioner
Municipal BOC at is making a
which petitioner will be statement
heard on his/her under oath.
objections and that
only if warranted will
the Board be
authorized to set aside
the proclamation.
689. Incumbency noun in·cum·ben·cy the holding of an office or the in order that the will of In my
period during which one is the electorate is first incumbe
held. ascertained as soon as ncy I had
possible so that the another of
winning candidate is Fowler's
not deprived of the buildings
right to assume office, among the
and so that any doubt churches in
that can cloud the my charge.
incumbency of the
truly deserving
winning candidate is
quickly removed.
690. Mandate noun man·date an official order or While this Court 3 We will not
commission to do something. recognizes that the accept this
COMELEC should be attack on our
given sufficient leeway electoral man
in exercising its date.
constitutional mandate
to enforce and
administer all election
laws, it demands equal
recognition that it is
the Court‘s
constitutional duty to
see to it that all
governmental actions
are legally permissible.
691. Execution noun ex·e·cu·tion the carrying out or putting and the execution of No corpse can
into effect of a plan, order, or the Deed of Sale, are be attached,
course of action. the more prudent taken
choices available to the in execution,
COMELEC for a arrested or
successful 2013 detained for
automated elections. debt.
692. Secrecy noun se·cre·cy the condition of being hidden The mechanism of the Winston
or concealed machines does not stressed
infringe on the the secrecy of
constitutional right of the location.
the people to secrecy of
the ballot enshrined in
Article V, Section II of
the Constitution.
693. Bid verb ‗bid‘ to offer (a price) whether for COMELEC may not A simple and
payment or acceptance use automated independent
counting machines in mind does not
the 2004 Synchronized toil at
Elections when the the bidding of
purchase contract was any prince.
in violation of laws,
jurisprudence and its
bidding rules, and the
hardware and software
failed to pass legally
mandated technical
requirements.
694. Discrepancy noun dis·crep·an·cy a lack of compatibility or When the original case This discrepa
similarity between two or 4 was filed because of ncy, if it stood
more facts. a discrepancy between alone, would
the votes written in not, however,
words and in figures, be serious
the recount of the
 LEGAL TERMS
votes is in order
695. Ballot noun bal·lot A ballot is a device used to Ballots even when Pointed to the
cast votes in an election and written similarly, if large number
may be found as a piece of proven to have a of
paper or a small ball used in consistent spoiled ballot
secret voting dissimilarity, should s in London
not be excluded. when multiple
systems were
used
696.

697. Doctrine noun doc·trine a belief or set of beliefs held In Labo v. COMELEC, Differences
and taught by a Church, the SC ruled that the in doctrine as
political party, or other votes cast for an well as polity
group. ineligible or and discipline
disqualified candidate became more
cannot be considered and more
―stray.‖ But said prominent
doctrine cannot be
applied to the party-
list system in view of
Section 10 of R.A. No.
7941 which expressly
provides that the votes
cast for a party,
sectoral organization
or coalition ―not
entitled to be voted for
shall not be counted
698. Fraudulent adjective fraud·u·lent in a way that involves Outright exclusion of American
deception, especially criminal election returns on the ships
deception. ground that they were were fraudule
fraudulently prepared ntly transferr
by some members or ed to neutral
non-members of the flags
BEI disenfranchises
the voters.
699. Aliunde preposition al·i·un·de aliunde means from another In the absence of any A case proved
source; from elsewhere; from circumstance showing aliunde.
outside. It is often used to that the intention of
refer to evidence given the voter to mark the
aliunde when meaning ballot is unmistakable,
cannot be derived from a or any evidence
document or instrument aliunde to show that
itself. the words or marks
were deliberately
written or put therein
to identify the ballots,
the ballot should not
be rejected.
700. Sanctity noun sanc·ti·ty the state or quality of being The secrecy and He may be
holy, sacred, or saintly. sanctity of the ballot said to have
must always be believed in
protected. the sanity
and sanctity o
f the state
rather than of
the Church.
701. Untampered Adjective un·tam·pered Not tampered with. In cases where such His
ballots are unavailable untampered
or cannot be produced, thoughts
the untampered and broke my
unaltered election heart.
returns or other
election documents
may be used as
evidence.
702. Precinct noun pre·cinct a district of a city or town as When authentic ballots Each county
defined for police purposes. have been replaced by had a probate
fake ones, the physical court, and
count of votes in the each precinct
precincts as a justice of
determined during the the peace.
revision of the ballots
cannot be considered
the correct number of
votes cast.
703. Erroneous adjective er·ro·ne·ous wrong; incorrect. The Members of the He was
Provincial BOC are accused
guilty of violating of erroneous
Section 231 of the OEC doctrine, and
for the preparation of the Spanish
an incorrect certificate viceroy of
of canvass and the Naples
erroneous prohibited his
proclamation of a preaching.
winning candidate.
704. Res Judicata noun res ju·di·ca·ta Res judicata refers to the rule Except for the right to Third, he had
that a final judgment or remain or be excluded erred in his
 LEGAL TERMS
decree on the merits by a in the list of voters, a willingness to
court of competent decision in inclusion/ sustain the
jurisdiction is conclusive of exclusion proceedings res judicata p
the rights of the parties or does not acquire the lea.
their privies in all later suits nature of res judicata
on all points and matters and is not conclusive
determined in the former on the COMELEC.
suit.
705. De Facto adverb de fac·to "de facto" means action or It also tends to prevent Although his
what is practiced the official from de facto
developing nay sovereignty
proprietary interest in was confined
their positions. An to the town of
official serving his/her Laon and to
term whether as some places
―caretaker‖ or ―de in the north
facto‖ officer, an of France,
official exercises the Louis
powers and enjoys the displayed a
prerequisites of the zeal beyond
office which enables his years in
him/her ―to stay on procuring the
indefinitely.‖ recognition of
his authority
by his
turbulent
vassals.
706. Suffrage noun suf·frage the right to vote in political AKBAYAN-YOUTH v. The right
elections. COMELEC, G.R. No. of suffrage is
147066 (26 March confined by
2001) EN BANC The the
right of suffrage is not constitution
at all absolute. to adult male
citizens who
have resided
in the state
for one year
707. Precedent adjective prec·e·dent prior in time, order, There is nothing in the She was
arrangement, or significance Constitution or the setting
statute which requires a precedent fo
as a condition r the future.
precedent that a
substitute candidate
must have been a
member of the party
concerned for a certain
period of time before
he can be nominated
as such.
708. Adjudged verb ad·judge consider or declare to be true The votes cast for a He would be
or the case. winning candidate who adjudged a
has been subsequently thief or die
adjudged to be
disqualified cannot be
invalidated.
709. Jurisprudence noun ju·ris·pru·den the theory or philosophy of A well-founded rule In other
ce law. found in our words, the
jurisprudence is that system of
laws and statutes jurisprudence
governing election is the most
contests especially striking
appreciation of 158 example of
ballots must be Spanish
liberally construed to influence.
the end that the will of
the electorate in the
choice of public
officials may not be
defeated by technical
infirmities.
710. Human Rights noun hu·man Human rights are rights we Declaration of Policy. the rights
righ·ts have simply because we exist — Section 11 of Article people are
as human beings - they are II of the 1987 entitled to
not granted by any state. Constitution of the simply for
These universal rights are Republic of the being human,
inherent to us all, regardless Philippines declares irrespective of
of nationality, sex, national or that the State values their
ethnic origin, color, religion, the dignity of every citizenship,
language, or any other human, person and nationalist,
status. guarantees full respect race,
for human rights. ethnicity,
Pursuant to this language, sex,
declared policy, sexuality or
Section 12 of Article III abilities;
of the Constitution human rights
prohibits the use of become
torture, force, violence, enforceable as
threat, intimidation, or they become
any other means which CODIFIED as
vitiate the free will and CONVENTION
 LEGAL TERMS
mandates the S,
compensation and COVENANTS
rehabilitation of or TREATIES,
victims of torture or or as they
similar practices and become
their families. recognized as
CUSTOMARY
INTERNATIO
NAL LAW.
711. Child Abuse noun chi·ld ab·use Child abuse is the wrongful Republic Act 7610, MALTREATM
treatment of a child. It may Special Protection of ENT OF
be in the form of physical, Children Against CHILDREN.
emotional, or sexual abuse. Abuse, Exploitation by an adult,
This form of abuse may also and Discrimination which is
be recognized as the Act. AN ACT violent or
exploitation of a child, as well PROVIDING FOR threatening
as the failure to properly care STRONGER for the child
for a child, otherwise known DETERRENCE AND
as neglect. SPECIAL PROTECTION
AGAINST CHILD
ABUSE,
EXPLOITATION AND
DISCRIMINATION,
PROVIDING
PENALTIES FOR ITS
Children that are subjected
VIOLATION AND FOR
to abuse usually experience
OTHER PURPOSES
harm to their health, welfare,
and self-respect.
712. Claimant noun claim·ant a person making a claim, This Practice Note sets One who
especially in a lawsuit or for a out what to include brings a
government-sponsored when drafting a claim CLAIM
benefit form in a Part 7 (CPR
7) claim. It explains
what the claim form is
and why it is required
and gives examples of
the court forms that
are used. The Practice
Note sets out the
information which
needs to be provided
when completing the
claim form, including
an explanation of how
each party is described
in the claim form,
including where the
defendant‘s name is
not known. The claim
form must include a
statement of value and
a statement of truth.
When completing a
claim form for a
County Court claim
there is a requirement
to set out the preferred
hearing centre.
713. Accession verb ac·ces·sion The acquisition of title of Cases 105–109. The if one
personal property that is good faith of an person's
attained through the process ―innocent improver‖ is property is
of putting labor or raw also a factor in cases covered in
materials into the such as these: see unwanted
improvement of the personal Case 129. Compare alfalfa, and he
property. Acquisition by the broadly equitable allows
accession occurs when one reasoning of Cases someone else
person steals the personal 105–109 with to come cut
property of someone else and ―Compensation for that alfalfa
adds labor and/or materials improvements made or and turn it
to it placed on premises of into bales of
another by mistake,‖ feed for
57 A.L.R.2d 263 (1958) livestock, the
person who
transformed
the property
(alfalfa) may
acquire the
finished
product (bails
of feed) by
accession
714. Rape noun rāp Rape is a serious form of In 1997, there were
sexual violence or assault 96,122 reported
which consists of sexual forcible rapes. (Federal
penetration Bureau of
Investigation. (released
Without consent, often by November 22, 1998).
force or coercion. It may Crime in the United
violate the right to security of States, Uniform Crime
Reports, 1997, p.26.
 LEGAL TERMS
the person, Washington, DC: U.S.
Department of
and the right to be protected Justice.)
from torture and other ill-
treatment, among other
human

rights

715. Arbitrary noun Ar·bi·tra·ry Detention is the involuntarily PHL 003 / 0321 / OBS
Detention de·ten·tion confinement of a person to a 037
limited physical space and Arbitrary detention /
may take a variety of forms. A Judicial harassment
person may be confined to a The Philippines
police or prison cell, to March 24, 2021
his/her own house (house
arrest) or, for instance, to a The Observatory for
closed hospital ward or the Protection of
immigration facility. Human Rights
Detention may take place in Defenders, a
the context of a criminal partnership of the
justice process or for other World Organization
reasons, such as immigration Against Torture
control, when necessary for (OMCT) and FIDH,
the prevention or spread of requests your urgent
infectious diseases, or for the intervention in the
protection of intoxicated following situation in
persons. The right not to be The Philippines.
subjected to arbitrary or
unlawful detention applies to
all forms of detention by the
State or attributable to the
State.
716. Forced Evictions verb for·ced Forced evictions violate a OMCT/HIC-HLRN the
e·vic·tions range of international human JOINT URGENT involuntary
rights norms, including the ACTION APPEAL: removal of
right to adequate housing. Forced Eviction of 115 persons,
Forced eviction occurs where Indigenous families and
a person, group or Families/Use of Force groups from
community is involuntarily in the Philippines their homes
removed from their home Case PHL-FE 240703. and
and/or land they occupy ESCR. The communities
(permanently or temporarily), International
without appropriate legal and Secretariat of OMCT
procedural protections and the Coordination
Office of HIC-HLRN
request your URGENT
intervention in the
following situation in
the Philippines
717. Sexual Assault noun sex·u·al Sexual abuse is unwanted This is an appeal from Includes rape
assa·ult sexual activity, with a Decision1 dated and other
perpetrators using force, August 31, 2011 of the forms of
making threats or taking Court of Appeals in physical
advantage of victims not able CA-G.R. CEB-CR.-H.C. attack of a
to give consent. Most victims No. 00335, entitled sexual
and perpetrators know each People of the nature. See
other Philippines v. Mervin VIOLENCE
Gahi, which affirmed AGAINST
the Decision2 dated WOMEN and
April 22, 2005 of the MALTREATM
Regional Trial Court of ENT OF
Carigara, Leyte, CHILDREN
Branch 13 in Criminal
Case Nos. 4202 and
4203. The trial court
convicted appellant
Mervin Gahi of two
counts of rape defined
under Article 266-A of
the Revised Penal
Code.
718. Sexual noun sex·u·al Harassment can include REPUBLIC ACT No. name-calling
Harassment ha·rass·ment "sexual harassment" or 11313 An Act Defining
unwelcome sexual advances, Gender-Based Sexual leaving
requests for sexual favors, Harassment in Streets, pictures that
and other verbal or physical Public Spaces, Online, embarrass
harassment of a sexual Workplaces, and someone
nature. Harassment does not Educational or
have to be of a sexual nature, Training Institutions, making fun of
however, and can include Providing Protective someone
offensive remarks about a Measures and
person's sex. Prescribing Penalties
unwanted
Therefor
touching

unwanted
sexual
conduct
 LEGAL TERMS
719. Assassination noun as·sas·si·na· Assassinate is defined as the
tion act of killing someone
(usually a famous person)
deliberately, or the act of
killing someone after being
hired to do so. An example of
assassinate is pulling the
trigger on a gun to kill a
President
720. Contravention noun con·tra·ven· A contravention of the law
tion means breaking the law.
Discrimination is a
contravention of the Human
Rights Code. It is against the
law
721. Disclosure noun dis·clo·sure Disclosure refers to the duty
to give information to the
other side. In a human rights
complaint, both side
722. Discrimination noun dis·crim·i·na· is an action or a decision that
tion treats a person or a group
badly for reasons such as
their race, age or disability
723. Allegation noun al·le·ga·tion An allegation is a claim that
something happened. It must
be proved.
An allegation of
discrimination is a claim that
a person discriminated
Last August 21st, our About killing
nation marked with person.
solemnity and for the Murderer.
first time in freedom
the third anniversary
of the treacherous
assassination of
foremost opposition
leader former Senator
Benigno "Ninoy"
Aquino, Jr. imprisoned
for almost eight years
since the imposition of
martial law in
September, 1972 by
then President
Ferdinand E. Marcos,
he was sentenced to
death by firing squad
by a military tribunal
for common offenses
alleged to have been
committed long before
the declaration of
martial law and whose
jurisdiction over him
as a civilian entitled to
trial by judicial process
by civil courts he
repudiated
In this case, there was A person
a parenting order for refuses to
the child to reside with rent a house
the mother and spend to someone
every alternate because they
weekend with the receive
father. The father income
failed to return the assistance.
child as he stated the This is a
child was abused by contravention
the step-father in the of the Code.
care of the mother. On
a contravention
application for
breaching the court
order, the court
determined that the
father did not show
that the child was at
risk in the care of the
mother and was given
a bond to be of good
behavior and comply
with the order
tell each other
The Supreme Court who their
recently had its first witnesses will
opportunity to be at a
comment on the hearing
Protected Disclosures
Act 2014 (the ―Act‖)
and the judgments in
the case should be
carefully considered by
those dealing with
protected disclosures
Republic Act No.6725 they treat
AN ACT someone
STRENGTHENING badly or
THE PROHIBITION ON cause them
DISCRIMINATION harm in an
AGAINST WOMEN area
WITH RESPECT TO
TERMS AND
CONDITIONS OF
EMPLOYMENT,
AMENDING FOR THE
PURPOSE ARTICLE
ONE HUNDRED
THIRTY-FIVE OF THE
LABOR CODE, AS
AMENDED
Direct appeal on pure If the person
question of law from makes a
an order rendered by complaint,
the Court of First they must
Instance of Rizal, prove this
Branch II, in its Civil happened
Case No. 4850,
dismissing plaintiff's
 LEGAL TERMS
724. Breach noun brēch Breach means breaking the
law
725. Evidence Evidence is information used
to show what happened. It
can be testimony, documents
or other things. A person can
write down what happened in
an affidavit or say what
happened in testimony. A
person can also explain how
a document helps show what
happened
726. Adverse Impact Adverse impact is a negative
effect that goes against
desired conditions. An
example of adverse impact is
a business move that results
in lost money
727. Cedaw CONVENTION ON THE
ELIMINATION OF ALL
FORMS OF DISCRIMINATION
AGAINST WOMEN
complaint as well as
from the order denying
a motion to reconsider
said order of dismissal.
The record disclosed it is a breach
that on 7 February of the Human
1958 plaintiff Lavern Rights Code
R. Dilweg a to refuse to
nonresident American, rent a house
through counsel, to someone
instituted the because they
complaint at bar receive
consisting of six income
causes of action assistance.
against defendants.
Robert O. Phillips,
Inocentes G. Dineros,
and Isaac S. Esceta,
claiming civil damages
arising out of alleged
libelous and
defamatory statements
uttered and published
in the Philippines by
the latter. On 24
February 1958 the first
two named defendants
presented a motion to
dismiss the complaint.
Plaintiff interposed an
opposition thereto on 7
March 1958.
Section 1. Evidence On June 12,
defined. — Evidence is 2015 my
the means, sanctioned employer fired
by these rules, of me. The
ascertaining in a manager gave
judicial proceeding the me this letter.
truth respecting a The letter
matter of fact. says my
employment
is terminated.
From a legal An employer
perspective, the phrase may have
―adverse impact‖ is what they
likely known to believe is a
employers covered by logical reason
Title VII of the Civil for checking
Right Act of 1964 the
(CRA) or federal backgrounds
contractors who are of applicants
covered by Executive from Group A
Order 11246. In this and not
context, ―adverse Group B
impact‖ generally
refers to substantial
differences in
employment decision
rates between groups
(U.S. Equal
Employment
Opportunity
Commission, 1978).
These ―disparities‖ may
play a role in
discrimination that is
alleged to be
intentional or
unintentional.
Intentional
discrimination is
referred to as
―disparate treatment‖
in the legal realm, and
the idea is that
protected group status
was used to make
employment decisions
Cases 105–109. The Is the only
good faith of an human rights
―innocent improver‖ is treaty which
also a factor in cases affirms the
such as these: see reproductive
Case 129. Compare rights of
the broadly equitable women and
reasoning of Cases targets
105–109 with culture and
―Compensation for tradition as
 LEGAL TERMS
improvements made or influential
placed on premises of forces
another by mistake,‖ shaping
57 A.L.R.2d 263 (1958) gender roles
and family
relation
728. Advocacy noun ad·vo·ca·cy Specific, short-term activities This is a petition for Advocacy for
to reach a long-term vision; certiorari under Rule legal system
actions designed to draw a 64 in relation to Rule reform is the
community's attention to an 65 of the Rules of specific
issue and to direct policy Court filed by (Abang activity of
makers to a solution. Lingkod Party-List advocating for
ABANG LINGKOD) the creation
assailing the and adoptions
Resolution1 dated May of policies and
10, 2013 issued by the procedures
Commission on that
Elections COMELEC) implement or
En Bane in SPP No. give effect to
12-238 PLM}, which, legislation or
alia, affirmed the changes to
cancellation of ABANG existing
LINGKOD's legislation
registration as a party-
list group
729. Culture noun cul·ture A feature of societies that is Declaration of the customs,
constantly renegotiated by all Principles and Policies. arts, social
people that make up a social - Sections 14, 15, 16 institutions,
unit; Article 5 of the and 17, Article XIV of and
WOMEN‘S CONVENTION the 1987 Constitution achievements
calls fxor the modification of declare that the State of a particular
"the social and cultural shall foster the nation,
patterns of conduct of men preservation, people, or
and women, with a view enrichment and other social
toward achieving elimination dynamic evolution of a group
of prejudices." Filipino culture based
on the principle of
unity in diversity in a
climate of free artistic
and intellectual
expression. The
Constitution likewise
mandates the State to
conserve, develop,
promote and
popularize the nation's
historical and cultural
heritage and
resources, as well as
artistic creations. It
further provides that
all the country's
artistic and historic
wealth constitutes the
cultural treasure of the
nation and shall be
under the protection of
the State, which may
regulate its disposition
730. Covenant verb cov·e·nant Binding agreement between Article 1: 1. All peoples Considering
states; used synonymously have the right of self- that, in
with CONVENTION and determination. By accordance
TREATY; the major virtue of that right they with the
international HUMAN freely determine their principles
RIGHTS covenants are the political status and proclaimed in
INTERNATIONAL COVENANT freely pursue their the Charter of
ON ECONOMIC, SOCIAL AND economic, social and the United
CULTURAL RIGHTS and the cultural development. Nations,
INTERNATIONAL COVENANT recognition of
ON CIVIL AND POLITICAL the inherent
RIGHT dignity and of
the equal and
inalienable
rights of all
members of
the human
family is the
foundation of
freedom,
justice and
peace in the
world
731. Equality noun e·qual·i·ty the condition
The notion that all of being
Equality is about ensuring human beings are equal, or the
that every individual has an entitled to the same same in
equal opportunity to make human rights without quality,
the most of their lives and distinction. Article 2 of measure,
talents. It is also the belief the UDHR embodies esteem or
that no one should have an equality principle. value
Equality does not
 LEGAL TERMS
poorer life chances because necessarily mean
of the way they were born, treating people the
where they come from, what same but rather taking
they believe, or whether they whatever steps are
have a disability necessary to promote a
more just society for
all.
732. Individual The purpose of an individual COMPLAINTS of Anyone may
Complaints complaint is to address an individuals or bring a
individual case of violation by NONGOVERNMENTAL complaint
a state party of its human ORGANIZATIONS; the against a
rights obligations under the OPTION PROTOCOL State party
treaty TO THE alleging a
INTERNATIONAL violation of
COVENANT ON CIVIL treaty rights
AND POLITICAL to the body of
RIGHTS permits the experts
HUMAN RIGHTS monitoring
COMMITTEE to hear the treaty.
individual complaint
733. Minority noun mi·nor·i·ty minority rights may take the This appeal assails the a group of
form of language rights, land decision promulgated people of the
claims, religious exemptions, on December 14, same race,
guaranteed representation in 2007,1 whereby the culture, or
legislative or advisory bodies, Court of Appeals (CA) religion who
and various forms of affirmed with live in a place
territorial or cultural modification the where most of
autonomy. judgment2 rendered the people
on March 22, 2004 by around them
the Regional Trial are of a
Court (R TC), Branch different race,
69, in Silay City, culture, or
Negros Occidental religion
finding appellant
Domingo Gallano y
Jaranilla guilty of the
crime of rape, qualified
by minority and
relationship, and
sentencing him to the
supreme penalty of
death therefor.
734. Child Marriage noun chi·ld Is the marriage of a person There being no law Child
ma·rri·age below the age of 18 years. It which compels the married at the
is a discriminatory practice Court to act one way young age.
affecting mostly girls which is or the other on this
prohibited under matter, the Court
invokes the provision
international law. Child of Art. 8, PD 603 as
marriage impedes the full amended, otherwise
realization of girls‘ human known as the Child
rights, in and Youth Welfare
Code, to wit:
particular where a young girl
is married to a much older "In all questions
man, and violates their right regarding the care,
to custody, education
and property of the
child, his welfare shall
freely choose a spouse and to
be the paramount
enter into marriage by free
consideration."
and full consent.
735. Genocide noun gen·o·cide the deliberate killing of a REPUBLIC ACT NO. crime where
large number of people from 9851 acts are
a particular nation or ethnic AN ACT DEFINING committed
group with the aim of AND PENALIZING with the
destroying that nation or CRIMES AGAINST intent to
group. INTERNATIONAL destroy
HUMANITARIAN LAW,
GENOCIDE AND
OTHER CRIMES
AGAINST HUMANITY,
ORGANIZING
JURISDICTION,
DESIGNATING
SPECIAL COURTS,
AND FOR RELATED
PURPOSES
736. Vigilantes plural noun vig·i·lan·te a member of a self-appointed In sum, the member of a
group of citizens who Supplemental Motion self-appointed
undertake law enforcement in for Reconsideration group of
their community without raises three (3) main citizens who
legal authority, typically issues: (1) mixed undertake law
because the legal agencies factual and legal enforcement
are thought to be inadequate matters relating to the in their
trial proceedings and community
findings; (2) alleged without legal
incompetence of authority,
accused-appellant's typically
former counsel; and (3) because the
purely legal question of legal agencies
 LEGAL TERMS
737. Holocaust noun hol·o·caust The Holocaust, during which
some 6 million Jews,
Gypsies, homosexuals and
other people were
systematically exterminated
by Nazi Germany during
World War II, was one of the
most horrific war crimes ever
committed
738. Allegedly adverb al·leg·ed·ly according to what has been
claimed. It's used to describe
an action or situation that
someone claims happened
but that has not been
confirmed or proven,
especially a crime
739. Abortion noun a-bor-shan An abortion is a procedure to
end a pregnancy. It uses
medicine or surgery to
remove the embryo or fetus
and placenta from the uterus.
740. Affirmed verb af·firm the judgment of the lower
court is correct and should
stand. Affirmed in part - a
portion of the judgment of the
lower court was affirmed.
Dismissed - an order that
disposes of the matter
without a trial of the issues
involved on their merits.
the constitutionality of are thought to
R.A. No. 7659. be inadequate
G.R. No. 53504, on the Killing
other hand, is a civillian
petition to review on
certiorari COMELEC
Resolutions in PDC
Case No. 117 dated
January 28, 1980,
cancelling petitioner's
certificate of
candidacy, and in PP
Case No. 491 dated
March 10, 1980,
dismissing the petition
for annulment of
proclamation,
mandamus,
prohibition and
injunction with writ of
preliminary mandatory
injunction or
restraining order.
Section 32. All Something is
propaganda materials claimed to be
such as posters, the case or
streamers, stickers or have taken
paintings on walls and place.
other materials
showing the picture,
image, or name of a
person, and all
advertisements on
print, in radio or on
television showing the
image or mentioning
the name of a person,
who subsequent to the
placement or display
thereof becomes a
candidate for public
office shall be
immediately removed
by said candidate and
radio station, print
media or television
station within 3 days
after the effectivity of
these implementing
rules; otherwise, he
and said radio station,
print media or
television station shall
be presumed to have
conducted premature
campaigning in
violation of Section 80
of the Omnibus
Election Code
Appellant Jesus The Court of
Paycana Jr. was Appeals sent
charged1 with the on Municipal
complex crime of Trial Court to
parricide with punish Ms.
unintentional abortion Marie Dela
before the Regional Cerna up to 6
Trial Court (RTC) of years in
Iriga City, Branch 37. prison for
Appellant pleaded not criminal
guilty during the offense of
arraignment.2 Pre-trial intentionally
ensued, in which abortion of
appellant admitted her 6 months
that the victim Lilybeth pregnancy in
Balandra-Paycana a reasonable
(Lilybeth) is his doubt.
legitimate wife.3
We resolve the three (3) RTC affirms
consolidated petitions the final
for review on results for the
Certiorari1 involving hearing of
medical negligence, case in
commonly assailing murder in
the October 29, 2004 Tarlac.
decision2 and the
January 12, 2006
resolution3 of the
Court of Appeals (CA)
 LEGAL TERMS
in CA-G.R. CV No.
56400. This CA
decision affirmed en
totothe ruling of the
Regional Trial Court
(RTC), Branch 134,
Makati City.
741. Agreement noun Ag-ree-ment An agreement is a In the absence of an Perhaps
manifestation of mutual express agreement, a enough of the
assent by two or more physician-patient euphoria of
persons to one another. It is relationship may be the prior
a meeting of the minds in a implied from the day's success
common intention, and is physician‘s affirmative remained
made through offer and action to diagnose that,
acceptance. ... Jurisdictions and/or treat a patient, surprisingly,
differ on their use of or in his participation a reluctant
"agreement" in denoting a in such diagnosis agreement
legally enforceable contract. and/or treatment. was reached.
742. Antecedents noun an·te·ced·ent means the history and record The common factual Rosia Mando
of the defendant. You should antecedents are briefly shows her
search for any previous summarized below. antecedents
convictions and any previous to the court
enforcement action taken On April 22, 1988, at for the rape
against the defendant, about 11:30 in the case she filed.
whether formal or informal. morning, Mrs. Jesusa
Cortejo brought her
11-year old son,
Edmer Cortejo
(Edmer), to the
Emergency Room of
the San Juan de Dios
Hospital (SJDH)
because of difficulty in
breathing, chest pain,
stomach pain, and
fever.4
743. Bludgeon Noun blud·geon heavy club or stick used as a REMEDIAL LAW; The Court of
weapon, commonly weighted CRIMINAL Appeal sent
in one end by metal. PROCEDURE; ARREST already the
WITHOUT WARRANT; decision in
LAWFUL WHEN Municipal
ARRESTING OFFICER Trial Court
HAS PERSONAL that Noel
KNOWLEDGE THAT Bautista is
THE PERSON TO BE eligibly guilty
ARRESTED HAS for bludgeon
COMMITTED THE Nerrisa
CRIME; CASE AT BAR. Marcelo to
— The policemen death with a
arrested Gerente only piece of wood
some three (3) hours in her private
after Gerente and his part.
companions had killed
Blace. They saw Blace
dead in the hospital
and when they
inspected the scene of
the crime, they found
the instruments of
death: a piece of wood
and a concrete hollow
block which the killers
had used to bludgeon
him to death.
744. Consent Noun con·sent a voluntary agreement to The consent needed to Consent was
another's proposition. 2) v. to create the relationship needed for the
voluntarily agree to an act or does not always need students to be
proposal of another, which to be express. allowed to go
may range from contracts to on the field
sexual relations. trip.
745. Consolidated Verb con·sol·i·date to combine (two or more We resolve the three (3) The MTC sent
lawsuits or matters that consolidated petitions the whole
involve a common question of for review on consolidated
law or fact) into one compare Certiorari1 involving proofs in
class action medical negligence, Regional Trial
commonly assailing Court, the
the October 29, 2004 last hearing
decision2 and the has been
January 12, 2006 processed for
resolution3 of the the murder
Court of Appeals (CA) case of
in CA-G.R. CV No. Marshall
56400. This CA Mariano.
decision affirmed en
totothe ruling of the
Regional Trial Court
(RTC), Branch 134,
Makati City.
746. Corroborating Verb cor·rob·o·ra·ti to confirm or support (facts, The Regional Trial Melisa Andres
ng opinions, etc), esp by Court of Parañaque is attending
 LEGAL TERMS
providing fresh evidence. the
witness corroborated the
accused's statement.
747. Commensurate Adjective com·men·su· word commensurate has to
rate do with things that are
similar in size and therefore
appropriate. Many people
think the death penalty is a
commensurate punishment
for murder. In other words,
the penalty fits the crime.
748. Compensation Noun Kom-pen-sa- payment for work performed,
shan by salary, wages, commission
or otherwise. It can include
giving goods rather than
money. 2) the amount
received to "make one whole"
(or at least better) after an
injury or loss, particularly
that paid by an insurance
company either of the party
causing the damage
City, Branch 274, her third
presided over by Judge hearing for
Amelita G. Tolentino, the attempted
tried only seven of the rape case she
accused since Artemio filed ib RTC
Ventura and Joey and
Filart remained at corroborating
large.2 The her evidence.
prosecution presented
Alfaro as its main
witness with the others
corroborating her
testimony. These
included the medico-
legal officer who
autopsied the bodies of
the victims, the
security guards of
Pitong Daan
Subdivision, the
former laundrywoman
of the Webb‘s
household, police
officer Biong‘s former
girlfriend, and Lauro
G. Vizconde,
Estrellita‘s husband.
Hospitals, having The
undertaken one of healthcare
mankind‘s most officers
important and delicate should be
endeavors, must highly
assume the grave commensurat
responsibility of e with their
pursuing it with jobs to take
appropriate care. The care and save
care and service peop‘e's life.
dispensed through this
high trust, however
technical, complex and
esoteric its character
may be, must meet
standards of
responsibility
commensurate with
the undertaking to
preserve and protect
the health, and indeed,
the very lives of those
placed in the hospital‘s
keeping.1
The defendant is the act of
accused of the compensation
violation of the Medical for service or
Act, the information loss or injury.
alleging "that on or
about the first day of
June, 1923, and for
some time prior to said
date, the said accused
without having
obtained from the
Board of Medical
Examiners the
corresponding
certificate of
registration for the
practice of medicine in
the Philippine Islands,
voluntarily, illegally
and criminally and for
compensation,
practiced medicine in
the City of Manila,
Philippine Islands,
assisting, treating and
manipulating the head
and body of Regino
Noble for the purpose
of curing him of the
ailments, diseases,
pains and physical
defects from which he
pretended to suffer,
and advertising and
offering her services as
a physician, by means
of cards which she
distributed and by
letterheads and signs
 LEGAL TERMS
which she exposed on
the door of her office,
situated at No. 712
Calle Asuncion.
749. Constitute Verb con·sti·tute to set up (an assembly, Lastly, SJDH Gabriela
proceedings, etc.) in a legal or maintains that the constitute the
official form. 3. to give a petitioning doctors good deeds
certain office or function to; arrived at an for the women
appoint. our officially intelligently deduced who gets
constituted spokesperson. and correct diagnosis. abused,
It claimed that based harassed and
on Edmer's signs and been
symptoms at the time manipulated.
of admission (i.e., one They working
day fever,28 bacterial on a women
infection,29 and lack empowerment
of hemorrhagic to raise the
manifestations30), flag for the
there was no Women.
reasonable indication
yet that he was
suffering from dengue
fever, and accordingly,
their failure to
diagnose dengue fever,
does not constitute
negligence on their
part.
750. Contract Noun Con-tract A contract is a binding the court found that a DMCI
promise between two physician patient renewed
competent parties that is relationship was Danilo‘s
enforceable by law. To be a formed between a contract for 3
valid contract, the promise physician who years.
must include an exchange of "contracts, agrees,
something of value between undertakes, or
the parties. Money is often otherwise assumes"
part of the exchange, but not the obligation to
necessarily. provide resident
supervision at a
teaching hospital, and
the patient with whom
the doctor had no
direct or indirect
contract.
751. Damages Noun Da-me-jis as the sum of money which The RTC awarded The victims of
the law awards or imposes as Nelson Cortejo the Liana
a pecuniary compensation, a (respondent) damages Mariana bus
recompense, or satisfaction in the total amount of has been to
for an injury done or a wrong ₱595,000.00, for the told to assist
sustained as a consequence wrongful death of his the patients
either of a breach of a son allegedly due to for the
contractual obligation or a the medical negligence damages in
tortious act. of the petitioning the said
doctors and the accident
hospital. happen on
the way in the
cliff in
Nasugbu,
Batangas.
752. Decision Noun De-si-shan a decision is a determination We resolve the three (3) Municipal
of parties' rights and consolidated petitions Trial Court
obligations reached by a for review on released their
court based on facts and Certiorari1 involving final decision
law. ... The text of a decision medical negligence, for the rape
usually includes a brief commonly assailing case of Carla
summary of the facts, a the October 29, 2004 Pelaez happen
discussion of relevant laws, decision 2 and the on February
the court's reasoning and January 12, 2006 5, 1991.
orders. resolution3 of the
Court of Appeals (CA)
in CA-G.R. CV No.
56400. This CA
decision affirmed en
totothe ruling of the
Regional Trial Court
(RTC), Branch 134,
Makati City.
753. Deviation Noun de·vi·a·tion A deviation is a departure As the term is used, Having juice
from the "agreed route" or the the suit is brought instead of
"usual route", and it can whenever a medical coffee was a
amount to a serious breach practitioner or health deviation from
of contract. care provider fails to my usual
meet the standards routine.
demanded by his
profession, or deviation
from this standard,
and causes injury to
the patient.
754. Evidence Noun Evi-dens any of the material items or Lastly, she claimed Glenn Madela
assertions of fact that may be that Dr. Jaudianis not got all his
 LEGAL TERMS
submitted to a competent a qualified expert evidence in
tribunal as a means of witness since he never the last
ascertaining the truth of any presented any evidence hearing for
alleged matter of fact under of formal residency the case of
investigation before it. training and fellowship murder been
status in Pediatrics. blaming to
him.
755. Erroneous Adjective er·ro·ne·ous 1) in error, wrong. Dr. Sanga as well Dr. Jose
argued that there is no Pascual made
2) not according to causal relation an erroneous
established law, particularly between the alleged accusation to
in a legal decision or court erroneous the
ruling. diagnosis and respondent
medication for for the
"Bronchopneumonia," wrongful
and Edmer‘s death due death of Mark
to "Dengue Castro.
Hemorrhagic Fever."
756. Jurisdiction Noun ju·ris·dic·tion Power of a court to adjudicate The settled rule is that The court has
cases and issue orders. the Court‘s jurisdiction original
Territory within which a in a petition for review jurisdiction in
court or government agency on certiorari under a few other
may properly exercise its Rule 45 of the Rules of circumstance
power. Court is limited only to s, as outlined
the review of pure in the state
questions of law. It is constitution.
not the Court‘s
function to inquire on
the veracity of the
appellate court‘s
factual findings and
conclusions; this Court
is not a trier of facts.
757. Liable Adjective Lia-bal responsible or obligated. In a July 30 ruling LRM Bus
758. 1 Thus, a person or entity may released on Service had
9 be liable for damages due to Wednesday, the CA's an accident
. negligence, liable to pay a Special 18th Division on the cliff on
debt, liable to perform an act through Associate the way in
which he/she/it contracted Justice Gabriel Ingles Nasugbu,
to do, or liable to punishment affirmed the Lapu- Batangas and
for commission of a crime. Lapu City Regional the company
Trial Court's (RTC) are liable to
decision finding Dr. pay for those
Edgardo Tapang, Dr. who had an
Theodore Abrenilla, ellibly injuries
and the Mactan and for the 2
Community Hospital people who
liable for PHP2.12 in died.
damages plus interests
to patient Rex
Jonathan Uy.
759. Malpractice noun Mal-prak·tɪs the failure of a doctor or WHEREFORE, The Municipal
other professional to do his or premises considered, Trial court
her job with a reasonable this Court PARTLY sued the
degree of skill, esp. when that GRANTS the doctors of
person's actions or failure to consolidated petitions. OGH a
act causes injury or loss The Court finds Dr. medical
Noel Casumpang and malpractice
San Juan de Dios for failing
Hospital solidarily their duties
liable for negligent for briefing
medical malpractice. the wrongful
The Court AFFIRMS death of Mrs.
the rest of the Decision Lily Santos.
dated October 29,
2004 and the
Resolution dated
January 12, 2006 in
CA-G.R. CV No. 56400.
760. Medicolegal
2 Adjective me-di-ko-ˈle- of or relating to both The prosecution Dr. Jane
1 gal medicine and law presented five Sarboza
. witnesses: AAA, her testified the
mother BBB, barangay results of the
tanods Edvic Ballescas medicolegal
and Felix Juera, case for the rape
investigator PO1 case of Carla
Rhona Mea Padojinog, Atienza that
and medicolegal officer sent to
Dr. Jesille Baluyut. Municipal
Only Arman testified Trial Court for
for the defense. the hearing.

761. Obligation Noun ob·li·ga·tion An obligation is a legal bond With respect to Dr. Carlo Dalisay
(vinculum iuris) by which one Sanga, her failed to fulfill
or more parties (obligants) professional his obligation
are bound to act or refrain relationship with on parenting
from acting. An obligation Edmer arose when she his children,
thus imposes on the obligor a assumed the obligation DSWD must
duty to perform, and to provide resident take the
simultaneously creates a supervision over the actions to
 LEGAL TERMS
corresponding right to latter. take care of
demand performance by the his kids.
obligee to whom performance
is to be tendered.
762. Petition
2 Noun pe-ti-shan A formal application in The RTC awarded Elsa Mabute
3 writing made to a court or Nelson Cortejo file an
. other official body requesting (respondent) damages petition to the
judicial action of some in the total amount of Municipal
character. ₱595,000.00, for the Trial Court for
wrongful death of his the estafa
son allegedly due to case of Kag.
the medical negligence Manuel
of the petition doctors Lopez.
and the hospital.
763. Proportionate Adjective pro·por·tion·at is a guiding principle for all The respondent, too, Leyla
e litigation following the asserted that SJDH is Magdaez
introduction of the Civil also negligent because planning to
Procedure Rules (CPR). It it was not equipped invest in
refers to the idea of obtaining with proper paging Google
a just result in litigation with system, has no Philippines
appropriate speed and bronchoscope, and its and
expense. doctors are not proportionate
proportionate to the the future
number of its patients. profits she
He also pointed out will get if its
that out of the seven succeeded.
resident physicians in
the hospital, only two
resident physicians
were doing rounds at
the time of his son‘s
confinement.

764. Render Verb rend·er Return; yield; pay or perform, the Court also if someone or
as in charges or services. To considered the render something
render judgment means to of an opinion in the makes a thing
pronounce, declare, or state course of the patient‘s harmless, you
the decision of the court in a care as the doctor‘s can say that
particular case. To render a assent to the they render it
verdict means that a jury physician-patient harmless. If
agrees upon and returns a relationship. It ruled you render
written decision into court that the relationship someone help
and hands the decision to the was formed because of or service,
judge sitting at the trial. the doctor‘s affirmative you help
action. Likewise, in them.
Wax v. Johnson,
765. Respondent noun Res-pan-dent a person who answers a Dr. Ruby Miranda- Once service
request for information: ... in Sanga (Dr. Sanga), one has been
a court case, the person who of the resident completed,
a petition (= a formal letter to physicians of SJDH, Rosa Gregorio
the court asking for a arrived. She claimed the
particular action) is made that although aware respondent
against, especially in a that Edmer had must file a
divorce case: She divorced vomited "phlegm with reply within a
the respondent on the blood streak," she certain
grounds of unreasonable failed to examine the number of
behavior. blood specimen days.
because the
respondent washed it
away.
766. Resolution Noun res·o·lu·tion In law, a resolution is a commonly assailing The Supreme
written motion adopted by a the October 29, 2004 court file an
deliberative body. The decision2 and the resolution for
substance of the resolution January 12, 2006 the youth
can be anything that can resolution 3 of the access the
normally be proposed as a Court of Appeals (CA) Free Wifi
motion. ... An alternate term in CA-G.R. CV No. implemented
for a resolution is a resolve. 56400. by the
Resolutions are commonly President.
used in corporations and
houses of legislature.
767. Restriction noun re·stric·tion an official limit or control on Duty refers to the Some
what people or companies are standard of behavior restriction on
allowed to do, or on what can that imposes funding was
happen: impose/place/put restriction on one's necessary.
restrictions on sth This conduct.35 It requires
practice imposes proof of professional
unneccessary restrictions on relationship between
employment. the physician and the
patient. Without the
professional
relationship, a
physician owes no
duty to the patient,
and cannot therefore
incur any liability.
768. Revoke2 Verb Re-vok to annul or cancel an act, That in, during, and LTO revoke
9 particularly a statement, between the months of the
. document or promise, as if it January, 1911 and professional
no longer existed. Thus, a June, 1913, in the city license of
 LEGAL TERMS
person can revoke a will or
revoke an offer to enter into a
contract, and a government
agency can revoke a license.
769. Testimony Noun Tes-ti-mo-ne Oral or written evidence given
by a competent witness,
under oath, at trial or in an
affidavit or deposition.
770. Warrant Verb war·rant A writ permitting or directing
someone to take some action.
Frequently, the term refers to
a writ from a judge,
permitting law enforcement
personnel to take some
action, such as make an
arrest, search a location, or
seize some piece of property.
771. Confinement Noun Con-fine- Confinement is the state of
ment being forced to stay in a
prison or another place which
you cannot leave.
of Manila, Philippine Daniel Reyes
Islands, the said because he
Dominador Gomez didn‘t follow
Jesus having been the guidelines
suspended from the and rules
practice of medicine on implemented
or about August 28, by them.
1909, by the Board of
Medical Examiners, in
accordance with the
provisions of section 8
of said Act No. 310,
and while his license
as a physician and
surgeon was revoke by
the said Board of
Medical Examiners,
did then and there
willfully, unlawfully,
and feloniously treat,
operate upon,
prescribe, and advise
for the physical
ailments of one
Margarita Dolores and
other persons, for a
fee, and presented
himself by means of
signs, cards,
advertisements, and
otherwise as a
physician and
surgeon, duly
admitted, empowered,
and allowed to practice
medicine, in the city of
Manila, Philippine
Islands
Dr. Ramoncito Livelo Nelson
(Dr. Livelo) initially Narciso said
attended to and in his
examined Edmer. In testimony
her testimony, Mrs. that he
Cortejo narrated that allegedly
in the morning of April accepted and
20, 1988, Edmer had telling the
developed a slight fever truth for the
that lasted for one day; death of
a few hours upon Bernadeth
discovery, she brought Badaez for
Edmer to their family the murder
doctor; and two hours case happen
after administering in Aklan in
medications, Edmer‘s 2:30am in the
fever had subsided.5 morning.
The respondent also The Municipal
alleges that there is a Police release
causal connection an warrant to
between the petitioning chase Lucas
doctors‘ negligence and Sergio for the
Edmer‘s untimely Estafa case
death, warrant the that has been
claim for damages. filed by the
Brgy. Carlos.
In considering the case He spent
of Dr. Sanga, the eleven years
junior resident in solitary
physician who was on- confinement.
duty at the time of
Edmer‘s confinement,
we see the need to
draw distinctions
between the
responsibilities and
corresponding liability
of Dr. Casumpang, as
the attending
physician, and that of
Dr. Sanga.