Alvin Claridades' Legal and Jurisprudential Lexicon for Law Students

1230 Pages·2009·5.4 MB·English

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Abandon. It means, in its ordinary sense, to forsake entirely; to forsake
or renounce utterly. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30,
1968].
Abandoned child. A child who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of
at least six (6) continuous months and has been judicially declared as
such. [Sec. 3, RA 8552; Art. 141, PD 603]. Compare with Dependent
child and Neglected child.
Abandoned or idle land. 1. Any agricultural land not cultivated, tilled
or developed to produce any crop nor devoted to any specific economic
purpose continuously for a period of three (3) years immediately prior
to the receipt of notice of acquisition by the government as provided
under the Comprehensive Agrarian Reform Law of 1988 (RA 6657), but
does not include land that has become permanently or regularly
devoted to non-agricultural purposes. [Sec. 3, RA 6657]. 2. Lands
devoted to any crop at least one year prior to the notice of
expropriation, but which were not utilized by the owner for his benefit
for the past five years prior to such notice of expropriation. [Sec. 166,
RA 3844].
Abandonee. A party to whom a right or property is abandoned or
relinquished by another. [Black's Law Dict., Abr. 5th Ed. (1987), p. 1].
Abandoning a minor. Crim. Law. The felony committed by any one
who shall abandon a child under seven years of age, the custody of
which is incumbent upon him. [Art. 276, RPC].
Abandonment. Mar. Ins. The act of the insured by which, after a
constructive total loss, he declares the relinquishment to the insurer of
his interest in the thing insured. [Sec. 138, IC].
Abandonment. Elements: (a) The failure to report for work or absence
without valid or justifiable reason, and (b) a clear intention to sever the
employer-employee relationship, with the second element as the more
determinative factor and being manifested by some overt acts. [De
Ysasi III v. NLRC, 231 SCRA 173 (1994)].
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Abandonment of domicile and acquisition of a new one called
domicile of choice. Requisites: (a) Residence or bodily presence in
the new locality, (b) intention to remain there or animus manendi, and
(c) an intention to abandon the old domicile or animus non revertendi.
[Romualdez v. RTC Tacloban City, 226 SCRA 408, 415].
Abandonment of land dedicated to public use. Elements: (a)
Intention to relinquish the right or property, but without intending to
transfer title to any particular person; and (b) the external act which
such intention is carried into effect. [Defensor-Santiago v. Ramos, PET
001. Feb. 13, 1996, citing 49 Mich. App. 128, 229 N.W 2d 343, 349].
Abandonment of minor by person entrusted with his custody;
indifference of parents. Crim. Law. The felony committed by anyone
who, having charge of the rearing or education of a minor, shall deliver
said minor to a public institution or other persons, without the consent
of the one who entrusted such child to his care or in the absence of the
latter, without the consent of the proper authorities, or by the parents
who shall neglect their children by not giving them the education which
their station in life require and financial conditions permit. [Art. 277,
RPC].
Abandonment of office or position. 1. Crim. Law. The felony
committed by any public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment of the public
service. [Art. 238, RPC]. 2. Admin. Law. The voluntary relinquishment
of an office by the holder, with the intention of terminating his
possession and control thereof. [Sang. Bayan of San Andres,
Catanduanes v. CA, GR 118883. Jan. 16, 1998, citing Words & Phrases,
Vol. 1, p. 127]. 3. A species of resignation; while resignation in general
is a formal relinquishment, abandonment is a voluntary relinquishment
through nonuser. [Sang. Bayan of San Andres, Catanduanes v. CA, GR
118883. Jan. 16, 1998, citing Words & Phrases, Vol. 1, p. 126].
Abandonment of person in danger and abandonment of one's
own victim. Crim. Law. The felony committed by any one who shall
fail to render assistance to any person whom he shall find in an
uninhabited place wounded or in danger of dying, when he can render
such assistance without detriment to himself, unless such omission shall
constitute a more serious offense; or by anyone who shall fail to help or
render assistance to another whom he has accidentally wounded or
injured; or by anyone who, having found an abandoned child under
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seven years of age, shall fail to deliver said child to the authorities or to
his family, or shall fail to take him to a safe place. [Art. 275, RPC].
Abandonment of the thing. It consists of the voluntary renunciation of
all the rights which a person may have in a thing, with the intent to
lose such thing. By virtue of the abandonment, the thing is left without
owner or possessor. To be effective, it is necessary that it be made by
a possessor in the concept of owner. [Tolentino, Civil Code of the Phil.,
Vol. II, Repr. 2001, p. 304, citing 4 Manresa 315; 3 Sanchez Roman
299].
Abandonment of the wife. To constitute abandonment of the wife by
the husband, as the term is used in Art. 178 of the Civil Code, there
must be absolute cessation of marital relations and duties and rights,
with the intention of perpetual separation. The abandonment must not
only be physical estrangement but also amount to financial and moral
desertion. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968].
Abandonment of work. Labor. The deliberate, unjustified refusal of the
employee to resume his employment. The burden of proof is on the
employer to show a clear and deliberate intent on the part of the
employee to discontinue employment without any intention of
returning. Mere absence is not sufficient. [FRF Enterprise v. NLRC, GR
105998. Apr. 21, 1995].
Abatement. A reduction in some amount that is owed, usually granted
by the person to whom the debt is owed. [Duhaime's Legal Dict.,
2004].
Abatement of action. A suit which has been quashed and ended.
[Jurist’s Legal Dict., 2004].
Abatement of a fire hazard. Any act that would remove or neutralize a
fire hazard. [Sec. 3, PD 1185].
Abduction. 1. The taking away of a woman from her house or the place
where she may be for the purpose of carrying her to another place with
intent to marry or to corrupt her. [People v. Crisostomo (46 Phil. 780)].
2. Taking someone away from a place without that person's consent or
by fraud. [Duhaime's Legal Dict., 2004]. See also Kidnapping.
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Aberratio ictus. Crim. Law. Lat. Mistake in the blow, characterized by
aiming at one but hitting the other due to imprecision in the blow.
[People v. Sabalones, GR 123485. Aug. 31, 1998]. Compare with Error
in personae.
Aberratio ictus. Also Error en la persona. Crim. Law. Lat. 1. Mistake
in the identity of the victim. [People v. Pinto, GR 39519. Nov. 21,
1991]. 2. Miscarriage of the blow. [People v. Atillano, GR 109131-33.
Oct. 3, 1994].
Abet. The act of encouraging or inciting another to do a certain thing,
such as a crime. [Duhaime's Legal Dict., 2004].
Ability to read intelligently. The capacity to know or apprehend; to
discover or understand by characters, marks, features, etc.; to gather
the meaning. [Moreno’s Law Dict., 2000 Ed., p. 2].
Ab inconveniente. From hardship, from what is inconvenient.
[Claridades, A., Compilation of Notes, 2001-2006].
Ab initio. Lat. From the start (or beginning). [Duhaime's Legal Dict.,
2004].
Abogado. Sp. Lawyer or attorney- at-law. That class of persons who are
by license officers of the courts, empowered to appear, prosecute and
defend, and upon whom peculiar duties, responsibilities and liabilities
are developed by law as a consequence. [Cui v. Cui, GR L-18727. Aug.
31, 1964].
Abolition of a position. It does not involve or mean removal for the
reason that removal implies that the post subsists and that one is
merely separated therefrom. [Arao v. Luspo, 20 SCRA 722 (1967)].
Abortion. The knowing destruction of the life of an unborn child or the
intentional expulsion or removal of an unborn child from the womb
other than for the principal purpose of producing a live birth or
removing a dead fetus. [Black's Law Dict., Abr., 5th Ed., p. 2].
Abortion. Elements: (a) That there is a pregnant woman who has
suffered an abortion; (b) that the abortion is intended; and (c) that the
abortion is caused by (1) the pregnant woman herself; (2) any other
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person, with her consent; or (3) any of her parents, with her consent
for the purpose of concealing her dishonor. [Under Art. 258, RPC].
Abortionist. A person who criminally produces abortions, or one who
follows the business or practices the crime of producing abortion.
[Black's Law Dict., Abr., 5th Ed., p. 2].
Abortion practiced by a physician or midwife and dispensing of
abortives. Crim. Law. The felony committed by any physician or
midwife who, taking advantage of their scientific knowledge or skill,
shall cause an abortion or assist in causing the same, or by any
pharmacist who, without the proper prescription from a physician, shall
dispense any abortive. [Art. 259, RPC].
Abortion practiced by the woman herself or by her parents. Crim.
Law. The felony committed by a woman who shall practice abortion
upon herself or shall consent that any other person should do so, or by
the parents of the pregnant woman or either of them, and they act with
the consent of said woman for the purpose of concealing her dishonor.
[Art. 258, RPC].
About. Near in time, quantity, number, quality or degree. Substantially,
approximately, almost, or nearly. [Moreno’s Law Dict., 2000 Ed., p. 3].
Ab posse ad actu non vale illatio. Lat. "A proof that an act could have
been done is no proof that it was actually done." [Roman Cath. Bishop
of Malolos v. IAC, GR 72110. Nov. 16, 1990].
Abrasion. A scrapping or rubbing off. [Moreno’s Law Dict., 2000 Ed., p.
3].
Absence. The legal status of a person who has absented himself from
his domicile and whose whereabouts and fate are unknown, it not
being known with certainty whether he is still living or not. [Jurado,
Civil Law Reviewer, 19th Ed. (1999), p. 260]. See Provisional
absence and Declared absence.
Absentee. A person whose whereabouts and existence are not known in
the sense of the law allowing a subsequent marriage and for purposes
of administration of the estate of the absentee and of succession.
[Bench Book for Trial Court Judges, p. 3-4].
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Absentee voters, national registry of. The consolidated list prepared,
approved and maintained by the Commission on Election (COMELEC),
of overseas absentee voters whose applications for registration as
absentee voters, including those registered voters who have applied to
be certified as absentee voters, have been approved by the Election
Registration Board. [Sec. 3, RA 9189].
Absentee voting. The process by which qualified citizens of the
Philippines abroad exercise their right to vote. [Sec. 3, RA 9189].
Absent spouse. The prior spouse who had been absent for four (4)
consecutive years and whom the spouse present reasonably believed to
be already dead. In case of disappearance where there is danger of
death under the circumstances set forth in the provisions of Arts. 391
of the Civil Code, an absence of only two years shall be sufficient.
[Navarro v. Domagtoy, AM MTJ-96-1088. July 19, 1996].
Absoluta sententia expositore non indiget. Lat. When the language
of the law is clear, no explanation of it is required. [Moreno’s Law Dict.,
2000 Ed., p. 3].
Absolute community, system of. The absolute community of property
between spouses shall commence at the precise moment that the
marriage is celebrated and shall consist of all the property owned by
the spouses at the time of the celebration of the marriage or acquired
thereafter. [Arts. 88 and 91, FC].
Absolute indorsement. Nego. Inst. One by which the indorser binds
himself to pay (a) upon no other condition than the failure of prior
parties to do so; (b) upon due notice to him of such failure.
[Claridades, A., Compilation of Notes, 2001-2006].
Absolutely privileged communication. One in respect of which, by
reason of the occasion on which, or the matter in reference to which, it
is made, no remedy can be had in a civil action, however hard it may
bear upon a person who claims to be injured thereby, and even
though, it may have been made maliciously. [Sison v. David, GR
L-11268. Jan. 28, 1961, citing 33 Am. Jur. pp. 123- 124]. Compare with
Conditionally or qualifiedly privileged communication.
Absolute pardon. A pardon that reaches both the punishment
prescribed for the offense and the guilt of the offender. When the
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pardon is full, it releases the punishment and blots out of existence the
guilt, so that in the eye of the law the offender is an innocent as if he
had never committed the offense. If granted after conviction, it
removes the penalties and disabilities, and restores him to all his civil
rights; it makes him, as it were, a new man, and gives him a new credit
and capacity. [In re: Lontok 43 Phil. 293]. Compare with Conditional
pardon.
Absolute poverty. The condition of the household below the food
threshold level. [Sec. 3, RA 8425].
Absolute simulation of a contract. 1. It takes place when the parties
do not intend to be bound at all. [Art. 1345, CC]. 2. An absolutely
simulated or fictitious contract is void. [Art. 1346, CC].
Absolute sovereign immunity. Rule that a foreign state is immune
from all types of suits. [Intl. Law Dict. & Direct., 2004].
Absorb. It is synonymous with the words "assimilate" or "incorporate"
and which, in business parlance, means "to take over." [Razon v. Sec.
of Labor, GR 85867. May 13, 1993, citing Webster's 3rd New Intl. Dict.,
1966 Ed., p. 7].
Absorbed company. The constituent company whose corporate
existence is dissolved as a result of the merger or consolidation.
[Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999
Ed., p. 207].
Absorbing or acquiring company. The surviving company, in case of
merger, or the newly formed company, in case of consolidation.
[Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999
Ed., p. 207].
Abus de droit. Fr. Abuse of right. [Claridades, A., Compilation of Notes,
2001-2006].
Abuse. To make excessive or improper use of a thing, or to employ it in
a manner contrary to the natural or legal rules for its use. To make an
extravagant or excessive use, as to abuse one's authority. [Salalima v.
Guingona, GR 117589-92. May 22, 1996, citing Black's Law Dict., 5th
Ed., p. 11].
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Abuse of confidence or obvious ungratefulness. An aggravating
circumstance under Art. 14 (4) of Rev. Penal Code which can be
appreciated only if the following requisites are present: (a) The
offended party had trusted the offender; (b) the offender abused such
trust; and (c) such abuse facilitated the commission of the crime.
[People v. Luchico, 49 Phil. 689]. See also Unfaithfulness.
Abuse of judicial discretion. A discretion by a judge to an end or
purpose not justified by and clearly against reason and evidence.
[Moreno’s Law Dict., 2000 Ed., pp. 3-4].
Abuse of right. A person may be liable for harm caused by doing
something which one, nevertheless, has a right to do, if the right was:
(a) principally intended to cause harm; (b) or was used without a
legitimate, interest justifying judicial protection; (c) or was used in bad
faith; (d) or was contrary to basic rules of morality or fairness. [Tetley,
Glossary of Conflict of Laws, 2004].
Abuse of right principle. Requisites: (a) The defendant should have
acted in a manner that is contrary to morals, good customs or public
policy; (b) the acts should be willful; and (c) there was damage or
injury to the plaintiff. [Custodio v. CA, GR 116100. Feb. 9, 1996, citing
Jurado, Personal and Family Law, 1984 ed., 41].
Abuse of superiority. The taking advantage by the culprits of their
collective strength to overpower their relatively weaker victim or
victims. [People v. Apduhan, Jr., GR L-19491. Aug. 30, 1968].
Abuse of superior strength. 1. It contemplates a situation of strength
notoriously selected or taken advantage of by an aggressor in the
commission of the crime. [People v. Escoto, GR 91756, May 11, 1995,
244 SCRA 87]. 2. Abuse of superior strength can be appreciated only
when there is a notorious inequality of forces between the victim and
the aggressor. [People v. Daquipil, GR 86305-06, Jan. 20, 1995, 240
SCRA 314; People v. Patamama, GR 107938, Dec. 4, 1995, 250 SCRA
603].
Abuses against chastity. Crim. Law. The felony committed by: (a) any
public officer who shall solicit or make immoral or indecent advances to
a woman interested in matters pending before such officer for decision,
or with respect to which he is required to submit a report to or consult
with a superior officer; or (b) any warden or other public officer directly
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charged with the care and custody of prisoners or persons under arrest
who shall solicit or make immoral or indecent advances to a woman
under his custody. [Art. 245, RPC].
Abusos deshonestos. Sp. Abuse of chastity. [US v. Mendez, GR
L-6483. Mar. 11, 1911].
Academic failure. An academic subject in which the student has failed.
[Moreno’s Law Dict., 2000 Ed., p. 4].
Academic freedom. The right of the school or college to decide for
itself, its aims and objectives, and how best to attain them - free from
outside coercion or interference save possibly when the overriding
public welfare calls for some restraint. It has a wide sphere of
autonomy certainly extending to the choice of students. [Univ. of San
Agustin v. CA, GR 100588. Mar. 7, 1994].
Academic non-teaching personnel. Those persons holding some
academic qualifications and performing academic functions directly
supportive of teaching, such as registrars, librarians, research
assistants, research aides, and similar staff. [Sec. 6, BP 232].
Accelerated judgment. See Summary judgment.
Accelerated training. Basic skills training of a short-term nature for
jobs with a defined level of qualifications. This usually refers to a rapid
paced, condensed vocational training to fill immediate manpower
needs. [Sec. 1, Rule 1, Book 2, IRR of LC].
Acceleration clause. 1. A clause which renders the whole debt due and
demandable upon the failure of the obligor to comply with certain
conditions. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A
clause in a contract that states that if a payment is missed, or some
other default occurs (such as the debtor becoming insolvent), then the
contract is fully due immediately. This is a typical clause in a loan
contract; miss one payment and the agreement to pay at regular
intervals is voided and the entire amount becomes due and payable
immediately. [Duhaime's Legal Dict., 2004].
Acceptance. Civ. Law. 1. The manifestation by the offeree of his assent
to the terms of the offer which must in other words meet or be
identical at all points of the offer. [Diaz, Bus. Law Rev., 1991 Ed., p.
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65]. 2. The taking and receiving of anything in good faith with the
intention of retaining it. [Glossary of Legal Terms (Pro-Se), 2004].
Acceptance. 1. Nego. Inst. An acceptance completed by delivery or
notification. [Sec. 191, NIL]. 2. Succ. The act by virtue of which an heir,
legatee or devisee manifests his desire in accordance with the
formalities prescribed by law to succeed to the inheritance, legacy or
devise. 3. It may be an express acceptance made in a public or private
document, or a tacit acceptance resulting from acts by which the
intention to accept is necessarily implied, or which one would have no
right to do except in the capacity of an heir. [Art. 1049, CC]. Compare
with Repudiation.
Acceptance for honor. Nego. Inst. An undertaking by a stranger to a
bill after protest for the benefit of any party liable thereon or for the
honor of the person whose account the bill is drawn which acceptance
inures also to the benefit of all parties subsequent to the person for
whose honor it is accepted, and conditioned to pay the bill when it
becomes due if the original drawee does not pay it. [Claridades, A.,
Compilation of Notes, 2001-2006].
Acceptance of a bill. Nego. Inst. The signification by the drawee of his
assent to the order of the drawer; this may be done in writing by the
drawee in the bill itself, or in a separate instrument. [Prudential Bank v.
IAC, GR 74886. Dec. 8, 1992].
Accepted unilateral promise. An offer which specifies the thing to be
sold and the price to be paid and, when coupled with a valuable
consideration distinct and separate from the price, is what may properly
be termed a perfected contract of option. This contract is legally
binding, and in sales, it conforms with the second paragraph of Art.
1479 of the Civil Code. [Equatorial Realty v. Mayfair Theater, GR
106063. Nov. 21, 1996].
Access device. Any card, plate, code, account number, electronic serial
number, personal identification number, or other telecommunications
service, equipment, or instrumental identifier, or other means of
account access that can be used to obtain money, good, services, or
any other thing of value or to initiate a transfer of funds (other than a
transfer originated solely by paper instrument). [Sec. 3, RA 8484].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law
Students