Alvin T. Claridades' Legal & Jurisprudential Lexicon for Law Students Abandon. To forsake entirely

1174 Pages·2011·7.11 MB·English

by  Alvin Claridades

1

- A - Abandonee. A party to whom a right
or property is abandoned or
relinquished by another. [Black's
Abandon. To forsake entirely; to Law Dict., Abr. 5th Ed. (1987), p. 1].
forsake or renounce utterly. [Dela
Cruz v. Dela Cruz, GR L-19565, Jan. Abandoning a minor. Crim. Law.
30, 1968]. The felony committed by any one
who shall abandon a child under 7
Abandoned child. 1. A child who has years of age, the custody of which
no proper parental care or is incumbent upon him. [Art. 276,
guardianship, or whose parent(s) RPC].
have deserted him / her for a period
of at least 3 continuous months, Abandonment. Labor. An employer
which includes a founding. [Sec. 2, defense against the change of illegal
RA 9523]. 2. A child who has no or constructive dismissal. To exist,
proper parental care or guardianship however, it is essential that (a) the
or whose parent(s) has deserted employee must have failed to report
him / her for a period of at least 6 for work or must have been absent
continuous months and has been without justifiable reason; (b) there
judicially declared as such. [Sec. 3, must have been a clear intention to
RA 8552; Art. 141, PD 603]. sever the employer-employee
Compare with Dependent child relationship manifested by some
and Neglected child. over acts. [Philamgen v. Gramaje,
442 SCRA 274].
Abandoned or idle land. 1. Any
agricultural land not cultivated, tilled Abandonment. Labor. Elements: (a)
or developed to produce any crop The failure to report for work or
nor devoted to any specific absence without valid or justifiable
economic purpose continuously for reason, and (b) a clear intention to
a period of 3 years immediately sever the employer-employee
prior to the receipt of notice of relationship, with the second
acquisition by the govt. as provided element as the more determinative
under the Comprehensive Agrarian factor and being manifested by
Reform Law of 1988 (RA 6657), but some overt acts. [De Ysasi III v.
does not include land that has NLRC, 231 SCRA 173 (1994)].
become permanently or regularly
devoted to non-agricultural Abandonment. Mar. Ins. The act of
purposes. [Sec. 3, RA 6657]. 2. the insured by which, after a
Lands devoted to any crop at least constructive total loss, he declares
one year prior to the notice of the relinquishment to the insurer of
expropriation, but which were not his interest in the thing insured.
utilized by the owner for his benefit [Sec. 138, IC].
for the past 5 years prior to such
notice of expropriation. [Sec. 166, Abandonment of domicile and
RA 3844]. acquisition of a new one called
domicile of choice. Requisites: (a)
Residence or bodily presence in the
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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new locality, (b) intention to remain intention of terminating his
there or animus manendi, and (c) possession and control thereof.
an intention to abandon the old [Sang. Bayan of San Andres,
domicile or animus non revertendi. Catanduanes v. CA, GR 118883.
[Romualdez v. RTC Tacloban City, Jan. 16, 1998, citing Words &
226 SCRA 408, 415]. Phrases, Vol. 1, p. 127]. 3. A
species of resignation; while
Abandonment of land dedicated resignation in general is a formal
to public use. Elements: (a) relinquishment, abandonment is a
Intention to relinquish the right or voluntary relinquishment through
property, but without intending to nonuser. [Sang. Bayan of San
transfer title to any particular Andres, Catanduanes v. CA, GR
person; and (b) the external act 118883. Jan. 16, 1998, citing Words
which such intention is carried into & Phrases, Vol. 1, p. 126].
effect. [Defensor-Santiago v.
Ramos, PET 001. Feb. 13, 1996, Abandonment of person in
citing 49 Mich. App. 128, 229 N.W danger and abandonment of
2d 343, 349]. one's own victim. Crim. Law. The
felony committed by any one who
Abandonment of minor by person shall fail to render assistance to any
entrusted with his custody; person whom he shall find in an
indifference of parents. Crim. uninhabited place wounded or in
Law. The felony committed by danger of dying, when he can
anyone who, having charge of the render such assistance without
rearing or education of a minor, detriment to himself, unless such
shall deliver said minor to a public omission shall constitute a more
institution or other persons, without serious offense; or by anyone who
the consent of the one who shall fail to help or render assistance
entrusted such child to his care or in to another whom he has
the absence of the latter, without accidentally wounded or injured; or
the consent of the proper by anyone who, having found an
authorities, or by the parents who abandoned child under 7 years of
shall neglect their children by not age, shall fail to deliver said child to
giving them the education which the authorities or to his family, or
their station in life require and shall fail to take him to a safe place.
financial conditions permit. [Art. [Art. 275, RPC].
277, RPC].
Abandonment of the thing. It
Abandonment of office or consists of the voluntary
position. 1. Crim. Law. The felony renunciation of all the rights which a
committed by any public officer person may have in a thing, with
who, before the acceptance of his the intent to lose such thing. By
resignation, shall abandon his office virtue of the abandonment, the
to the detriment of the public thing is left without owner or
service. [Art. 238, RPC]. 2. Admin. possessor. To be effective, it is
Law. The voluntary relinquishment necessary that it be made by a
of an office by the holder, with the possessor in the concept of owner.
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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[Tolentino, Civil Code of the Phil., remove or neutralize a fire hazard.
Vol. II, Repr. 2001, p. 304, citing 4 [Sec. 3, RA 9514].
Manresa 315; 3 Sanchez Roman
299]. Abatement of action. A suit which
has been quashed and ended.
Abandonment of the wife. To [Jurist‘s Legal Dict., 2004].
constitute abandonment of the wife
by the husband, as the term is used Abatement of a fire hazard. Any
in Art. 178 of the Civil Code, there act that would remove or neutralize
must be absolute cessation of a fire hazard. [Sec. 3, PD 1185].
marital relations and duties and
rights, with the intention of ABC. See Approved budget for the
perpetual separation. The contract.
abandonment must not only be
physical estrangement but also Abduction. 1. The taking away of a
amount to financial and moral woman from her house or the place
desertion. [Dela Cruz v. Dela Cruz, where she may be for the purpose
GR L-19565. Jan. 30, 1968]. of carrying her to another place with
intent to marry or to corrupt her.
Abandonment of work. Labor. The [People v. Crisostomo (46 Phil.
deliberate, unjustified refusal of the 780)]. 2. Taking someone away
employee to resume his from a place without that person's
employment. The burden of proof is consent or by fraud. [Duhaime's
on the employer to show a clear Legal Dict., 2004]. See also
and deliberate intent on the part of Kidnapping.
the employee to discontinue
employment without any intention Aberratio ictus. Crim. Law. Lat.
of returning. Mere absence is not Mistake in the blow, characterized
sufficient. [FRF Enterprise v. NLRC, by aiming at one but hitting the
GR 105998. Apr. 21, 1995]. other due to imprecision in the
blow. [People v. Sabalones, GR
Abandonment of work. Labor. 123485, Aug. 31, 1998]. Compare
Essential requirements: (a) Failure with Error in personae.
to report for work or absence
without valid or justifiable reason; Aberratio ictus. Also Error en la
and (b) clear intention to sever the persona. Crim. Law. Lat. 1. Mistake
employer-employee relationship x x in the identity of the victim. [People
x manifested by some overt acts. v. Pinto, GR 39519. Nov. 21, 1991].
[Henlin Panay Co. v. NLRC, GR 2. Miscarriage of the blow. [People
180718, Oct. 23, 2009, 604 SCRA v. Atillano, GR 109131-33. Oct. 3,
362, 369]. 1994].

Abatement. 1. A reduction in some Abet. The act of encouraging or
amount that is owed, usually inciting another to do a certain
granted by the person to whom the thing, such as a crime. [Duhaime's
debt is owed. [Duhaime's Legal Legal Dict., 2004].
Dict., 2004]. 2. Any act that would
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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Ability to read intelligently. The a dead fetus. [Black's Law Dict.,
capacity to know or apprehend; to Abr., 5th Ed., p. 2].
discover or understand by
characters, marks, features, etc.; to Abortion. Elements: (a) That there is
gather the meaning. [Moreno‘s Law a pregnant woman who has
Dict., 2000 Ed., p. 2]. suffered an abortion; (b) that the
abortion is intended; and (c) that
Ab inconveniente. Lat. From the abortion is caused by (1) the
hardship, from what is inconvenient. pregnant woman herself; (2) any
[Claridades, A., Compilation of other person, with her consent; or
Notes, 2001-2006]. (3) any of her parents, with her
consent for the purpose of
Ab initio. Lat. From the start (or concealing her dishonor. [Under Art.
beginning). [Duhaime's Legal Dict., 258, RPC].
2004].
Abortionist. A person who criminally
Ab intestato. Lat. By intestacy. The produces abortions, or one who
term refers to laws governing the follows the business or practices the
succession of property after its crime of producing abortion. [Black's
previous owner dies without a valid Law Dict., Abr., 5th Ed., p. 2].
will. [http://topics.law.cornell.edu
July 24, 2009]. Abortion practiced by a physician
or midwife and dispensing of
Abogado. Sp. Lawyer or attorney- at- abortives. Crim. Law. The felony
law. That class of persons who are committed by any physician or
by license officers of the courts, midwife who, taking advantage of
empowered to appear, prosecute their scientific knowledge or skill,
and defend, and upon whom shall cause an abortion or assist in
peculiar duties, responsibilities and causing the same, or by any
liabilities are developed by law as a pharmacist who, without the proper
consequence. [Cui v. Cui, GR L- prescription from a physician, shall
18727. Aug. 31, 1964]. dispense any abortive. [Art. 259,
RPC].
Abolition of a position. It does not
involve or mean removal for the Abortion practiced by the woman
reason that removal implies that the herself or by her parents. Crim.
post subsists and that one is merely Law. The felony committed by a
separated therefrom. [Arao v. woman who shall practice abortion
Luspo, 20 SCRA 722 (1967)]. upon herself or shall consent that
any other person should do so, or
Abortion. The knowing destruction of by the parents of the pregnant
the life of an unborn child or the woman or either of them, and they
intentional expulsion or removal of act with the consent of said woman
an unborn child from the womb for the purpose of concealing her
other than for the principal purpose dishonor. [Art. 258, RPC].
of producing a live birth or removing
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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Abot-Kaya Pabahay Fund (AKPF). See Provisional absence and
A Fund created by virtue of RA 6846 Declared absence.
under the trusteeship of the
National Home Mortgage Finance Absence of inconsistency test.
Corporation (NHMFC) which was Evid. A test [in determining whether
later amended by RA 7835 to or not there is identity of causes of
implement a continuing program of action as to warrant the application
social housing and enhance of the principle of res judicata]
government's efforts to make low- where it is determined whether the
cost housing affordable to low judgment sought will be inconsistent
income families. It has 2 with the prior judgment. [Spouses
components: (a) amortization Torres v. Medina, GR 166730, Mar.
support whereby funds are made 10, 2010]. If no inconsistency is
available for low income families to shown, the prior judgment shall not
assist them in paying their housing constitute a bar to subsequent
loans; and (b) development actions. [Agustin v. Delos Santos,
financing where fund are utilized to GR 168139, Jan. 20, 2009, 576
support private developers, NGOs SCRA 576, 588-589]. Compare with
and landowners in providing Same evidence test.
affordable housing packages to low-
income families. [Claridades, A., Absence of jurisdiction. See
Compilation of Notes, 2006-2011]. Without jurisdiction.

About. Near in time, quantity, Absentee. A person whose
number, quality or degree. whereabouts and existence are not
Substantially, approximately, known in the sense of the law
almost, or nearly. [Moreno‘s Law allowing a subsequent marriage and
Dict., 2000 Ed., p. 3]. for purposes of administration of the
estate of the absentee and of
Ab posse ad actu non vale illatio. succession. [Bench Book for Trial
Lat. "A proof that an act could have Court Judges, p. 3-4].
been done is no proof that it was
actually done." [Roman Cath. Bishop Absent spouse. A spouse who has
of Malolos v. IAC, GR 72110. Nov. been missing for at least four years,
16, 1990]. it being unknown whether or not he
or she is still alive, and the present
Abrasion. A scrapping or rubbing off. spouse having a well-founded belief
[Moreno‘s Law Dict., 2000 Ed., p. that the missing spouse is already
3]. dead. This is a defense against
prosecution for a bigamous
Absence. The legal status of a person marriage. [Art. 41, FC].
who has absented himself from his
domicile and whose whereabouts Absentee voters, national registry
and fate are unknown, it not being of. The consolidated list prepared,
known with certainty whether he is approved and maintained by the
still living or not. [Jurado, Civil Law Comelec, of overseas absentee
Reviewer, 19th Ed. (1999), p. 260]. voters whose applications for
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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registration as absentee voters, Absolute defense, See Complete
including those registered voters defense.
who have applied to be certified as
absentee voters, have been Absolute indorsement. Nego. Inst.
approved by the Election One by which the indorser binds
Registration Board. [Sec. 3, RA himself to pay (a) upon no other
9189]. condition than the failure of prior
parties to do so; (b) upon due
Absentee voting. The process by notice to him of such failure.
which qualified citizens of the Phils.s [Claridades, A., Compilation of
abroad exercise their right to vote. Notes, 2001-2006].
[Sec. 3, RA 9189].
Absolutely privileged
Absent spouse. The prior spouse communication. One in respect of
who had been absent for 4 which, by reason of the occasion on
consecutive years and whom the which, or the matter in reference to
spouse present reasonably believed which, it is made, no remedy can be
to be already dead. In case of had in a civil action, however hard it
disappearance where there is may bear upon a person who claims
danger of death under the to be injured thereby, and even
circumstances set forth in the though, it may have been made
provisions of Arts. 391 of the Civil maliciously. [Sison v. David, GR L-
Code, an absence of only 2 years 11268. Jan. 28, 1961, citing 33 Am.
shall be sufficient. [Navarro v. Jur. pp. 123- 124]. Compare with
Domagtoy, AM MTJ-96-1088. July Conditionally or qualifiedly
19, 1996]. privileged communication.

Absent Without Leave. See AWOL. Absolute pardon. A pardon that
reaches both the punishment
Absoluta sententia expositore prescribed for the offense and the
non indiget. Lat. When the guilt of the offender. When the
language of the law is clear, no pardon is full, it releases the
explanation of it is required. punishment and blots out of
[Moreno‘s Law Dict., 2000 Ed., p. existence the guilt, so that in the
3]. eye of the law the offender is an
innocent as if he had never
Absolute community, system of. committed the offense. If granted
The absolute community of property after conviction, it removes the
between spouses shall commence at penalties and disabilities, and
the precise moment that the restores him to all his civil rights; it
marriage is celebrated and shall makes him, as it were, a new man,
consist of all the property owned by and gives him a new credit and
the spouses at the time of the capacity. [In re: Lontok 43 Phil.
celebration of the marriage or 293]. Compare with Conditional
acquired thereafter. [Arts. 88 and pardon.
91, FC].

Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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Absolute poverty. The condition of penalties. [This is] observed in the
the household below the food imposition of complex crimes (Art.
threshold level. [Sec. 3, RA 8425]. 48, RPC), continuing crimes, and
specific crimes like robbery with
Absolute simulation of a contract. homicide, etc. Compare with
1. It takes place when the parties Material accumulation system
do not intend to be bound at all. and Judicial accumulation
[Art. 1345, CC]. 2. An absolutely system.
simulated or fictitious contract is
void. [Art. 1346, CC]. Abus de droit. Fr. Abuse of right.
[Claridades, A., Compilation of
Absolute sovereign immunity. Notes, 2001-2006].
Rule that a foreign state is immune
from all types of suits. [Intl. Law Abuse. To make excessive or
Dict. & Direct., 2004]. improper use of a thing, or to
employ it in a manner contrary to
Absolute title. A non-contestable the natural or legal rules for its use.
title to a thing. Also known as Title To make an extravagant or
in fee simple. [Claridades, A., excessive use, as to abuse one's
Compilation of Notes, 2006-2011]. authority. [Salalima v. Guingona, GR
117589-92. May 22, 1996, citing
Absorb. It is synonymous with the Black's Law Dict., 5th Ed., p. 11].
words "assimilate" or "incorporate"
and which, in business parlance, Abuse of confidence or obvious
means "to take over." [Razon v. ungratefulness. An aggravating
Sec. of Labor, GR 85867. May 13, circumstance under Art. 14 (4) of
1993, citing Webster's 3rd New Intl. Rev. Penal Code which can be
Dict., 1966 Ed., p. 7]. appreciated only if the following
requisites are present: (a) The
Absorbed company. The constituent offended party had trusted the
company whose corporate existence offender; (b) the offender abused
is dissolved as a result of the such trust; and (c) such abuse
merger or consolidation. [Tiopianco, facilitated the commission of the
Commentaries & Jurisp. on the Ins. crime. [People v. Luchico, 49 Phil.
Code of the Phil., 1999 Ed., p. 207]. 689]. See also Unfaithfulness.

Absorbing or acquiring company. Abuse of judicial discretion. A
The surviving company, in case of discretion by a judge to an end or
merger, or the newly formed purpose not justified by and clearly
company, in case of consolidation. against reason and evidence.
[Tiopianco, Commentaries & Jurisp. [Moreno‘s Law Dict., 2000 Ed., pp.
on the Ins. Code of the Phil., 1999 3-4].
Ed., p. 207].
Abuse of right. A person may be
Absorption system. [The system of liable for harm caused by doing
penalty where] the lesser penalties something which one, nevertheless,
are absorbed by the graver has a right to do, if the right was:
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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(a) principally intended to cause to the aggressor / s and purposely
harm; (b) or was used without a selected or taken advantage of to
legitimate, interest justifying judicial facilitate the commission of the
protection; (c) or was used in bad crime. [People v. Daquipil, GR
faith; (d) or was contrary to basic 86305-06, Jan. 20, 1995, 240 SCRA
rules of morality or fairness. [Tetley, 314, 332-333].
Glossary of Conflict of Laws, 2004].
Abuses against chastity. Crim.
Abuse of right principle. Law. The felony committed by: (a)
Requisites: (a) The defendant any public officer who shall solicit or
should have acted in a manner that make immoral or indecent advances
is contrary to morals, good customs to a woman interested in matters
or public policy; (b) the acts should pending before such officer for
be willful; and (c) there was decision, or with respect to which
damage or injury to the plaintiff. he is required to submit a report to
[Custodio v. CA, GR 116100. Feb. 9, or consult with a superior officer; or
1996, citing Jurado, Personal and (b) any warden or other public
Family Law, 1984 ed., 41]. officer directly charged with the care
and custody of prisoners or persons
Abuse of superiority. 1. The excess under arrest who shall solicit or
of the aggressor‘s natural strength make immoral or indecent advances
over that of the victim, considering to a woman under his custody. [Art.
the position of both and the 245, RPC].
employment of means to weaken
the defense, although not annulling Abusos deshonestos. Sp. Abuse of
it. The aggressor must have taken chastity. [US v. Mendez, GR L-6483.
advantage of his natural strength to Mar. 11, 1911].
insure the commission of the crime.
[People v. Salcedo, GR 178272. Mar. Academic failure. An academic
14, 2011]. 2. The taking advantage subject in which the student has
by the culprits of their collective failed. [Moreno‘s Law Dict., 2000
strength to overpower their Ed., p. 4].
relatively weaker victim or victims.
[People v. Apduhan, Jr., GR L- Academic freedom. The right of the
19491, Aug. 30, 1968]. school or college to decide for itself,
its aims and objectives, and how
Abuse of superior strength. 1. It best to attain them - the grant
contemplates a situation of strength being given to institutions of higher
notoriously selected or taken learning - free from outside coercion
advantage of by an aggressor in the or interference save possibly when
commission of the crime. [People v. the overriding public welfare calls
Escoto, GR 91756, May 11, 1995, for some restraint. [Tangonan v.
244 SCRA 87]. 2. [This] is present Judge Paño, 221 Phil. 601, 612
whenever there is a notorious (1985)].
inequality of forces between the
victim and the aggressor / s that is Academic non-teaching
plainly and obviously advantageous personnel. Those persons holding
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
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some academic qualifications and debtor becoming insolvent), then
performing academic functions the contract is fully due
directly supportive of teaching, such immediately. This is a typical clause
as registrars, librarians, research in a loan contract; miss one
assistants, research aides, and payment and the agreement to pay
similar staff. [Sec. 6, BP 232]. at regular intervals is voided and the
entire amount becomes due and
Accelerated judgment. A payable immediately. [Duhaime's
procedural technique to promptly Legal Dict., 2004].
dispose of cases where the facts
appear undisputed and certain from Acceptance. Civ. Law. 1. The
the pleadings, depositions, manifestation by the offeree of his
admissions and affidavits on record, assent to the terms of the offer
or for weeding out sham claims or which must in other words meet or
defenses at an early stage of the be identical at all points of the offer.
litigation to avoid the expense and [Diaz, Bus. Law Rev., 1991 Ed., p.
loss of time involved in a trial. Its 65]. 2. The taking and receiving of
object is to separate what is formal anything in good faith with the
or pretended in denial or averment intention of retaining it. [Glossary of
from what is genuine and Legal Terms (Pro-Se), 2004].
substantial so that only the latter
may subject a party in interest to Acceptance. 1. Nego. Inst. An
the burden of trial. [Spouses acceptance completed by delivery or
Agbada v. Inter-Urban Developers, notification. [Sec. 191, NIL]. 2.
Inc., GR 144029, 19 Sept. 2002, Succ. The act by virtue of which an
citing Excelsa Industries, Inc. v. CA, heir, legatee or devisee manifests
317 Phil. 664 (1995)]. See his desire in accordance with the
Summary judgment. formalities prescribed by law to
succeed to the inheritance, legacy
Accelerated training. Basic skills or devise. 3. It may be an express
training of a short-term nature for acceptance made in a public or
jobs with a defined level of private document, or a tacit
qualifications. This usually refers to acceptance resulting from acts by
a rapid paced, condensed vocational which the intention to accept is
training to fill immediate manpower necessarily implied, or which one
needs. [Sec. 1, Rule 1, Book 2, IRR would have no right to do except in
of LC]. the capacity of an heir. [Art. 1049,
CC]. Compare with Repudiation.
Acceleration clause. 1. A clause
which renders the whole debt due Acceptance for honor. Nego. Inst.
and demandable upon the failure of An undertaking by a stranger to a
the obligor to comply with certain bill after protest for the benefit of
conditions. [Claridades, A., any party liable thereon or for the
Compilation of Notes, 2001-2006]. honor of the person whose account
2. A clause in a contract that states the bill is drawn which acceptance
that if a payment is missed, or some inures also to the benefit of all
other default occurs (such as the parties subsequent to the person for
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students
10

whose honor it is accepted, and false information, fictitious identities
conditioned to pay the bill when it and addresses, or any form of false
becomes due if the original drawee pretense or misrepresentation. [Sec.
does not pay it. [Claridades, A., 3, RA 8484].
Compilation of Notes, 2001-2006].
Access Devices Regulation Act of
Acceptance of a bill. Nego. Inst. 1998. RA 8484 entitled ―An Act
The signification by the drawee of regulating the issuance and use of
his assent to the order of the access devices, prohibiting
drawer; this may be done in writing fraudulent acts committed relative
by the drawee in the bill itself, or in thereto, providing penalties and for
a separate instrument. [Prudential other purposes‖ enacted on Feb. 11,
Bank v. IAC, GR 74886. Dec. 8, 1998.
1992].
Accessing entity. Any submitting
Accepted unilateral promise. An entity or any other entity authorized
offer which specifies the thing to be by the Credit Information Corp. to
sold and the price to be paid and, access basic credit data from the
when coupled with a valuable Corp. [Sec. 3, RA 9510].
consideration distinct and separate
from the price, is what may properly Accessio cedit principali. Lat. The
be termed a perfected contract of accessory follows the principal.
option. This contract is legally [Claridades, A., Compilation of
binding, and in sales, it conforms Notes, 2001-2006].
with the second paragraph of Art.
1479 of the Civil Code. [Equatorial Accession. 1. Intl. Law. The process
Realty v. Mayfair Theater, GR whereby a non-signatory State later
106063. Nov. 21, 1996]. becomes a party to a treaty.
[Suarez, Pol. Law Reviewer, 1st Ed.,
Access device. Any card, plate, 2002, pp. 1061-1062]. 2. Prop. The
code, account number, electronic right to all which one‘s own property
serial number, personal produces, and the right to that
identification number, or other which is united to it by accession,
telecommunications service, either naturally or artificially.
equipment, or instrumental [Black‘s Law Dict., Abr. 5th Ed.
identifier, or other means of account (1983), p. 6].
access that can be used to obtain
money, good, services, or any other Accession continua. The acquisition
thing of value or to initiate a of ownership over a thing
transfer of funds (other than a incorporated to that which belongs
transfer originated solely by paper to the owner. [Tolentino, Civil Code
instrument). [Sec. 3, RA 8484]. of the Phil., Vol. II, Repr. 2001, p.
98].
Access device fraudulently
applied for. Any access device that Accession discreta. The extension
was applied for or issued on account of the right of ownership to the
of the use of falsified document, products of a thing. [Tolentino, Civil
Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students