Advertised: 02-03-11 | Closing Date: 01-05-11
TWO (2) ASSOCIATE ATTORNEYS
Successful applicant must expect the following work:
PHP. 420,000.00 – 475,000.00 P.A.
(depending on experience and qualifications)
With the following qualifications:
NOTE: Previous Applicants need not submit a new application.
Please email your resume and submit sample of your best pleadings (Complaint, Appeal, Memorandum, Position Paper, etc., if applicable) at email@example.com or send the same in the address and name below.
ATTY. AL C. ARGOSINO
Kho Bustos Malcontento Argosino Law Offices
Suite1103, 11th Floor, Prestige Tower Condominium,
F. Ortigas Jr Ave., Ortigas Center, Pasig City
Tel. Nos. 634-1074 / 634-1491
|York Philippines, Inc.- Global Workplace KnowledgeCenter|
Advertised: 02-03-11 | Closing Date: 01-05-11
(National Capital Reg)
Am posting here an article by Janus Victoria that was first published at Inquirer.net on 13 April 2009, which I find valuable re-reading especially while waiting for the Bar Exams results.
Ahh, the bar
By Janus Victoria
Philippine Daily Inquirer
CRAMMING FOUR YEARS OF LAW school into six months of reviewing before the Philippine bar exams requires as much strategic planning as perseverance. But the road to the bar is paved not just with hard work. Many examinees of years past added prayers. Not to mention homespun tactics for luck.
“There are as many ways of preparing for the bar exam as there are examinees,” says Ricardo Chan of the Class of 2005, University of the Philippines College of Law. “To each his own.”
Here’s what others who have been there and done that have to say to those who are now counting the anxious days and sleepless nights leading to the bar exams in September.
I HAD A WELL-PLANNED AND rigorous schedule. I started early on in terms of getting the materials I would be reviewing. By the start of the bar exam preparation period, I already knew which books and reviewers I would be reviewing, why I would be reviewing them, how many times I would be reading them and at what points during the review process I would be doing so. The most important thing is to be prepared. It goes without saying that you have to be aware of how you best absorb knowledge and how fast. Once you’ve got everything under the lid, believe in yourself and take constructive criticism well. You must realize that this is your journey and you’ve got to carry yourself towards the finish line.
SINCE MY DAD WAS TRAINING me to be a masseuse (believe it or not, all through my childhood and even when I was a working student in law school, I had to massage him for at least an hour-and-a-half each night, whether or not I had an exam), I knew I had to get out of the house to prepare for the bar. So I rented an apartment with two friends starting from graduation on through September. I didn’t review at any school as I thought it would be a waste of time to have to dress up and go to school every day (that would have taken about three hours in unnecessary prep time). It was largely a self-study type of preparation for me with a rigorous and regimented calendar for six months, where each day was marked and each hour of the day accounted for. Waking up, sleeping and break times were vigorously implemented. It was worse than being in military school!
Cyrille Merioles, 2004, Arellano University
THE REVIEW WAS THE most gruelling part of becoming a lawyer for me. It was complete self-isolation as I study better when I am alone, with nobody and nothing around but my books. My bible then were the Codals. I carried them with me wherever I went. Before starting to read I prayed for peace of mind. I went to sleep at 12 midnight and woke up at 6 in the morning. I took a break for an hour or two during the day. A nap, TV and music occupied those day breaks. I listened mostly to classical music because it relaxed my mind. I listened to classical music even in my sleep.
I MADE PHOTOCOPIES OF everything that people said were good reads, from handwritten notes to reviewers from other schools and even all the textbooks of the rumored examiners. I made a huge Manila paper-sized calendar of the months of May to August and noted how long I would study each subject. If I fell behind schedule, I’d do all-nighters at McDonald’s or Jollibee on Katipunan or Starbucks on Quezon Avenue. But then I’d get sick and wouldn’t be able to study for the next two days, so I paid P750 for a flu shot. The week after I got the shot, I still got sick! By July, I was calling my calendar “isang mapangarap na konsepto.” In the end, I read only 10 percent of the stuff I xeroxed!
Aldrich del Rosario, 2007, San Beda College
MY MOM TOLD ME TO have everything that I was going to use for the bar blessed. So we brought around 10 tech pens, jeans, four shirts, four pieces of underwear, four pairs of socks, my shoes and my eyeglasses to Manaog (Pangasinan) to have blessed. My bag was so full the priest wittily said, “Bar ba? Akala ko aakyat ng Everest, e.”
I THINK I’D BEEN PREPARING FOR THE bar since my first day in law school. The five months of review was purely a refresher. In the run-up to the exams I put more time on reading up on subjects where I knew I was not doing too well. I allocated more days on subjects that would be given more weight in the exams.
The day of reckoning
Larcy Grace C. Jocson- Zorilla, 2000, UP
YOU PACK YOUR LUNCH just so your brain has fuel for the afternoon exam, but you’re not really hungry. You just force yourself to eat food that to you tastes like chalk. At one point during lunch break, I had to look for a deserted corridor and put together scattered cardboards on the floor to lay on and rest.
One Sunday the proctor asked me to lead the prayer. I froze and couldn’t remember a single prayer. I guess that was how tired my brain was. So I groped with the Lord’s Prayer, much to the amusement of the rest who, thankfully, filled in the blanks.
Yet another Sunday, just a few minutes after the second subject started, a seatmate started to incessantly tap her pen on her desk while staring in front of her, into the void. I thought she was still thinking, but when she didn’t stop for the whole period, and never even wrote on her booklet, I knew she was having a breakdown. Times like that you just breathe a prayer for that person and keep going.
Marissa Saba, 2004, SBC
I WOULD USUALLY TAKE FIVE sleeping pills to help me sleep but for the first Sunday of the bar exams, I thought I should add more so I would be well-rested. I ended up sleepwalking! I was waiting by the elevator in my pajamas when my fraternity brothers found me.
RIGHT BEFORE THE EXAMS, I TOOK Brand’s Essence of Chicken and I had another one for lunch. It tastes like hell, but my Chinese friend had said it was the secret as to why the grades of Chinese school children were high. In fairness, even if I didn’t sleep the night before Sunday, I felt my mind was still alert during the exams.
The nerve-wracking wait
I ALWAYS STOPPED BY the St. Joseph Church along Aurora Boulevard in Quezon City and prayed a lot. I also heard mass three times a week—on Sundays, Wednesdays and Fridays. Prayers made it all possible.
Jazmin B. Banal, 1998, UP
UNLIKE MY CLASSMATES, I did not go to Manaoag because I felt doing so would be sacrilegious and might only offend God. On the night of the announcement itself, I hang out in Malate with a friend and ended up at the Office of the SC justice who headed the bar committee. And while everyone in the room, including the justice, was congratulating my friend for landing in the Top 10, I still did not know if I had made it or not. I started thinking of an exit line in case I failed. The funny thing is I also dreamt that I was in the Top 10 but Inquirer used a really ugly photo of me on the front page!
WHILE WAITING FOR THE RESULTS, I stocked up on good deeds—I refrained from backbiting, I was courteous to slow waiters, etc.—para walang bad karma. I begged everyone I knew to pray for me. I did everything the spam mail said: “Send to so and so and you will get 12 years of good luck.” I recited novenas. I climbed Kamay ni Hesus in Quezon. I prayed to my dead relatives. And, lastly, I made a pact with two fellow bar-takers that on the day of the results’ release, we’d be out of Manila. When the news broke out, we were in Angeles City—flying a plane!
Alfonso Miguel Siason, 2008, UP
I SPENT THE WAITING PERIOD CATCHING up with old friends and my family. After vacationing with blockmates and meeting up with my closest friends in Manila, I went home to Iloilo and hang out with my family and high school friends. This insulated me from “bar talk” until the month of March.
Friends who had taken the bar before me suggested I be in Manila during “release season” as it would be torture to not be around people who understood the stress.
The day of the release was the longest day of my life. I’ve been through a four-hour wisdom tooth pulling session and I can honestly say this felt far worse.
TWO DAYS BEFORE THE results came out, I could hardly sleep and eat. I was so afraid that I would not make it. The only thing I could do then was pray harder than ever. Several times I found myself teary-eyed at Holy Mass.
Honestly, after I took the bar exams, I thought to myself that, with the kind of answers I gave, I could only pray to pass the bar. All I asked for was [a score of] 75% because I feared that if I asked for more, it would be asking too much, if not the impossible. That was why I was very surprised and happy that I was among the Top 10!
My friends and I used to make these silly jokes about having our names and pictures posted on the topnotchers’ wall in our school library. A part of me then really wanted to be on the list, but a bigger part of me thought it could never happen. But it did! It was all so surreal.
The Supreme Court recently ordered the disbarment of a female lawyer for gross conduct and willful disobedience of the Court’s orders after finding that the latter continued to practice law despite a five-year suspension order, and failed to comply with its resolutions.
In a six-page En Banc per curiam decision, the Supreme Court ordered the name of Atty. Luna B. Avance stricken off from the Roll of Attorneys. It likewise directed that a copy of the decision be attached to her personal record with the Office of the Bar Confidant and be furnished to all chapters of the Integrated Bar of the Philippines and to all courts of the land.
Previously, Avance was suspended from the practice of law for five years and ordered to return P3,900 to her client in an En Banc decision dated December 11, 2003 after she was found guilty of gross misconduct for abandoning her client in bad faith and failing to comply with the Court’s orders.
While still suspended, however, Avance appeared in three cases as “Atty. Liezl Tanglao” as stated in a letter-report dated November 12, 2007 of Judge Consuelo Amog-Bocar, presiding Judge of the RTC of Iba, Zambales, Branch 71, to then Court Administrator Christopher O. Lock.
In a resolution dated April 9, 2008, the Court ordered Avance to comment on Judge Amog-Bocar’s letter-report. However, she failed to file the required comment. On June 10, 2009, Court reiterated its order. Despite receipt of the Court’s two resolutions, she still failed to comply.
On September 29, 2009, the Court thus issued a resolution finding Avance guilty of indirect contempt and ordering her to pay a fine amounting to P30,000. It also sternly warned her that a repetition of the same or similar infractions will be dealt with more severely. Despite due notice, she failed to pay the fine.
In view of the foregoing, the Court found Avance unfit to continue as a member of the bar. It held that “respondent’s conduct evidently fell short of what is expected of her as an officer of the court as she obviously possesses a habit of defying this Court’s orders. She willfully disobeyed this Court when she continued her law practice despite the five-year suspension order against her and even misrepresented herself to be another person in order to evade said penalty. Thereafter, when she was twice ordered to comment on her continued law practice while still suspended, nothing was heard from her despite receipt of two Resolutions form this Court. Neither did she pay the P30,000 fine imposed in the September 29, 2009 Resolution.” (A.C. No. 534, Santeco v. Avance et al, February 22, 2011)
By now, candidates to the 2011 Bar Examinations should already know the significant changes in the toughest national examinations in the Philippines. For one, from the customary September, the examinations will now be held in the four Sundays of November. This would give longer and better preparations to the candidates and especially to the examiners to fine-tune the multiple-choice type of questions which will be used comprehensively for the first time. From the De La Salle University (DLSU), the venue will now be the University of Santo Tomas.
“B.M. No. 1161 (Re: Proposed Reforms in the Bar Examinations).- The Court Resolved, upon the recommendation of the Office of the Bar Confidant, to APPROVE the schedule of the filing of Petitions to Take the Bar Examinations to JULY 1, 2011 up to AUGUST 15, 2011, considering that in the resolution of January 18, 2011 in B.M. No. 2265, the date of the 2011 Bar Examinations was moved from September to November 2011.”
Of important concern for me are the subjects to be tested in the four Sundays of the Bar examinations. En Banc Resolution dated 8 February 2011 amends Section 11 of Rule 138 (Rules of Court), to read:
“Section 11. Annual examination. — Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. They shall be held in four days to be designated by the chairman of the committee on bar examiners. The subjects shall be distributed as follows: First day: Political and International Law, and Labor and Social Legislation (morning) and Taxation (afternoon); Second day: Civil Law (morning) and Mercantile Law (afternoon); Third day: Remedial Law, and Legal Ethics and Forms (morning) and Criminal Law (afternoon); Fourth day: Trial Memorandum (morning) and Legal Opinion (afternoon).”
Take note of the additional subjects, Trial Memorandum and Legal Opinion. Honestly, if I were to take the Bar Exams this year, I would not be too confident to handle these subjects. I need more briefing on these ones. On the first Sunday, the examinee will already be confronted with three (3) heavy subjects, what with the often dread Taxation in the afternoon. The rigor intensifies as he reaches the second Sunday, this time to face the two giants that are Civil Law and Mercantile Law. It would be a defining moment whether or not to proceed to the third and fourth Sundays–if the examinee is ill-prepared, that is. Retaining the combination of Remedial Law and Legal Ethics is a rational decision, given the exceptional difficulty of Remedial law.
Good luck to the 2011 examinees!
As we celebrate the International Women’s Day on March 8th, I’ve decided to post here a found article while browsing for a related literature on San Andres Ziga, as a fitting tribute to the immeasurable contributions of women leaders hereunder cited among the nameless thousands of Filipinas in building this great nation.
Mabuhay ang Filipina! Mabuhay ang Kalayaan !
A Celebration of Herstory: Women in Legislation, Women in Politics
(Historical Framework for the Centennial Celebration of Women in Politics and Legislation, Sponsored by Ugnayan ng Kababaihan sa Pulitika, National Centennial Commission – Women Sector and Committee on Women, House of Representatives, June 25, 1998, BayView Hotel, Manila)
Part I: Introduction
In a conference on women’s role in Philippine history last March 1989, feminist historians were excited over discussions on the etymology of the word bayani. They said the word bayani comes from the combination of two words – bayan which means community or village or settlement and babayi woman. This affirms of course the present day notion of usually referring to country in feminine terms – motherland , etc. More significant perhaps is the implication that the notion of woman in the Philippines is also affixed to the concept of nation, of heroism and valor – a revelation which seems to defy the western notion of referring to heroism, patriotism and valor usually in masculine terms.
The historical revelation on the word bayani is supported by a cursory review of the history of the Philippines. From pre-colonial Philippines to the present, women have played an important role in the development of the village and town until the emergence of the Filipino nation . From the pre-hispanic babaylan or katalonan – the chief priestess in the barangay to the women leader and advocate of recent times , history presents a tableau of the Filipinas bravely asserting their inherent rights to participate in the shaping of the community and nation equal to Filipino men.
Part II: The Suffragists
As we celebrate the centennial of Philippine independence, let us also celebrate the role of the Filipino women in history and nation-building. We celebrate the role of the babaylan as one of the most important if not the most important community leader of pre-colonial times, the active and prominent role of women in the Philippine revolution and succeeding historical events which liberated the Philippines from colonial and imperialist rule and shaped the present Filipino nation.
In the arena of politics and legislation, the role of women was first heightened by the Suffragist Movement (1898-1937) which gained for the Filipino women the right to vote and be voted upon. The suffragist movement brought to the fore the activism of such women as Concepcion Felix de Calderon who formed the Asociacion Feminista Filipina in June 1905, Rosa Sevilla de Alvero and a young Trinidad Almeda, Miss Constancia Poblete, founder of Liga Femenina de la Paz, Pura Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Lim, President of the National Federation of Women’s Clubs and Josefa Llanes Escoda, president of the Girl Scouts of the Philippines. Province-based women were represented by Maria C. Manzano of Pangasinan.
Organizations like the Woman’s Club of Manila later convened into the National Federation of Women’s Clubs, the National League of Filipino Women and the Philippine Association of University Women. The members of these groups attended the public hearings of the Committee on Suffrage of the Constitutional Convention of 1934, as well as published informative articles in the Liwayway and Taliba. To coordinate their activities, they formed a General Council of Women with Mrs. Escoda as secretary and Mrs. Hidalgo-Lim, president of the Federation of Women’s Clubs which was spearheading the suffragist movement, as head. Incidentally, it was with the Federation where the young Minerva Guysako-Laudico worked right after her master of arts degree in social work.
The advocates succeeded in their campaign because Article V of the 1934 Constitution extended suffrage to women, provided that 300,000 women qualified to vote would vote for the right. Of course, this meant another round of intensive campaigning by the General Council of Women for the plebiscite on April 30, 1937 but they managed to exceed the 300,000 ‘yes’ votes required by the Constitution. They rounded up a full 447, 725 ‘yes’ against 44, 307 ‘no’ votes. And so on September 17, 1937, Filipino women finally gained universal suffrage when its legal basis was signed by Manuel L. Quezon, President of the Philippine Commonwealth.
Part III. The Legislative Phase
The law-making body of our government underwent many periods of development, starting from the American Period when the First Philippine Legislature convened in 1907. Within these 27 years, ten Philippine Legislatures came and went without producing any woman member. It took the Philippine Commonwealth to get a woman elected to the National Assembly – the second of three such assemblies at that. In 1938, the Honorable Elisa Ochoa from the province of Agusan was elected to the House of Representatives. We should also note that in the national election of December 14, 1937, no less than 24 women were elected to various positions. Among them was Carmen Planas – “Manila’s Darling” – who became the first woman to be elected to the city council of Manila. But soon after women broke into electoral politics, World War II broke out. The Filipinos had another government, this time formed by the Japanese. In 1943 a Constitutional Commission composed of 20 members drafted a new Constitution but again, there was no woman member in the Commission or in the National Assembly that soon convened.
With the end of World War II, the First Congress of the Republic came together. Since then, a total of 10 Congresses have convened and the number of women getting elected has increased from one in the First Congress – in the person of the Honorable Remedios O. Fortich, lawyer, banker, rancher and social worker – but there were Congresses when there were no women elected to office. The highest number of Congresswomen: 22 in the Tenth Congress.
In the Senate there was only one woman senator in both the Third and Fourth Congresses – educator Geronima Pecson and social worker Pacita Madrigal-Gonzales; this number increased to three during the Sixth Congress of 1965-69 in the persons of Honorables Eva Estrada-Kalaw, her sister-in-law Maria Kalaw-Katigbak and Tecla San Andres-Ziga – the first woman bar topnotcher in the Philippines and the first congresswoman to be re-elected.
In the Senate the honor of re-election goes to Sen. Eva Estrada Kalaw who was re-elected in 1969 to the Seventh Congress even without the endorsement of the Marcos administration, a strong testimony to her political leadership and legislative achievements. Also in 1969, the Senate welcomed two more women: the Honorables Magnolia Wellborn Antonino and Helena Zoila Benitez. As some of us will recall, Congresswoman Antonino took over the candidacy of her husband when Sen. Gaudencio Antonino died in an aircrash as he was campaigning for re-election. Although she had only one stint, Mrs. Antonino did well as a senator. One of her successes was a law transforming private schools into tax-exempt foundations whose profits should fund the professional development of teachers and the improvement of facilities. Sen. Helena Benitez, on the other hand was a tall figure in the Senate introducing a series of laws on rent control, housing development and early legislation on protecting the environment.
The Eighth Congress resumed after the period of martial law and its unicameral legislative body known as the Batasang Pambansa. There were two women elected to the Senate of the Eighth Congress – the Honorables Senators Santanina Rasul and Leticia Ramos-Shahani , the first woman President Protempore in the Senate. The number doubled in the next Congress with Senators Gloria Macapagal-Arroyo and Anna Dominique `Nikki’ Coseteng joining our senior senators. And in the just-concluded Tenth Congress, elected were the Honorable Miriam Defensor-Santiago joining Senators Shahani, Arroyo and Coseteng.
Since 1935 the Philippines had already two Constitutions where women have participated as members. The first was the 1971 Constitution, the product of the Constitutional Convention composed of 320 delegates directly elected by the people. A number of women were elected to this body, including Congresswoman Mercedes Teodoro and Carmencita Reyes. The second Constitution was the 1987 Constitution, the product of a Constitutional Commission composed of 48 members appointed by President Corazon Aquino after the 1986 People Power Revolution. A number of women were again in the body. In fact, a woman became its President – Supreme Court Justice Cecilia Munoz Palma. The other women commissioners were Dr. Florangel Rosario-Braid, Sr. Christine Tan. women’s right advocates Ma. Teresa Feria-Nieva and Felicitas Aquino, and the late health activist-public health professor Minda Luz Quesada.
Our 1987 Constitution is unique for a number of reasons. For one, it guarantees equality between men and women – a right which is not enshrined in the United States Constitution and those of many other countries. Article II, Section 14, of the 1987 Constitution provides that ” The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.”
Secondly, 1987 Constitution enshrines the representation of marginalized sectors, including women, through the sectoral representatives and the Party-List System. Thirdly, it institutionalizes the role of nongovernment organizations and peoples organizations.
Part IV. Highlights of the Study
This study focused on the legislative contributions of women lawmakers of the post-war Congress by scrutinizing the bills and laws they had framed. We looked at the work of around 130 women legislators who had been elected to Congress in the 80 years of this legislative body and the Constitutional Commissions. Indeed the number is so few, through the years, only about 10 percent of the total number of men elected into office In fact women’s representation in policy-making from the start of our legislative history to the 1950s seems to be totally negligible. Until the start of the United Nations Women’s Decade (1976-1985) – congresswomen advocated generally for education and social amelioration rather than what are presently considered specific gender issues and concerns.Women’s Legislative AgendaThe earliest congressional records are on Rep. Medina Lacson de Leon of Bataan, and they show that she filed bills for social amelioration – to update the nursing profession; grant benefits to veterans; and establish the Women and Children’s Bureau of the Department of Labor and Employment (at the Third Congress this became a reality with RA 2714, which was authored by Sen. Ziga). Still on social amelioration, in the Sixth Congress , Sen. Kalaw pushed for the conversion of the Social Welfare Administration into a Department of Social Work, and Sen. Katigbak authored the Consumer Protection Act (RA 3765) as well as an law regulating financing companies.At the Seventh Congress (1969-72) Sen. Benitez authored the Medicare Law (RA 6111) and provided for the uplift of dislocated families (RA 6026). However, she started veering away from traditional concerns by a legislative agenda on housing, resettlement, forestry, energy and the environment. She filed laws amending the Home Financing Act (RA 5488); establishing forests, tree parks and watersheds in every city and municipality; widening the mandate of the People’s Homesite and Housing Corporation (RA 6091); establishing the Rental Control Law (RA 6124); and authorizing the Office of the President to contract loans for development projects (RA 6142). She followed these up at the Batasan Pambansa with laws on the National Building Code, the Ministry on Human Settlements and Ecology, the Oil Exploration Incentives and the Omnibus Mining Act, as well as laws protecting the monkey-eating eagle (RA 6147) and the tamaraw. The concerns of the senators for social amelioration were paralleled by the congresswomen. For instance, during the Fifth Congress from 1961 to 1965, Rep. Juanita Nepomuceno of Pampanga sponsored a major bill authorizing the construction of multi-tenement buildings for the poor and the homeless. For her home province, Congresswoman Aurora Abad provided Batanes with electricity, hospitals, schools, recreation centers and opportunities for economic development.
Education was the other concern of the lawmakers before 1975. In the Second Congress Rep. de Leon filed bills creating the Mindanao Institute of Technology and the Bataan School of Arts and Trades. In the same vein, the first woman senator – the Honorable Geronima Pecson – was responsible for the Free and Compulsory Education Act as well as for the Vocational Educational Act. She also worked for a law on training instructors in schools of arts and trades; upgrading the UP School of Forestry into a College; and establishing the Roxas Memorial Agricultural School, a fisheries school in Albay, local libraries through the Municipal Libraries Act and lastly, the UNESCO National Commission.
The woman senator who came after Mrs. Pecson, Sen. Ziga, continued the legislative emphasis on education by filing a law regulating the practice of dietetics (RA 2674). One of the two colleagues of Mrs. Ziga in the Sixth Congress, Senator Kalaw, worked for salary increases of public school teachers (RA 5158); the creation of Local School Boards (RA 5447) and of the Barrio High School Charter/Magna Carta for Private Schools (RA 6054); the Educational Financing Act (RA 6728) and the inclusion of the presidents of student councils in the Board of Regents of all state colleges and universities.
The third woman senator on the Sixth Congress, Sen. Katigbak, worked for the creation of the National Commission on Culture and the Philippine Executive Academy. In the Seventh Congress (1969-72) Sen. Benitez authored RA 5462, establishing the National Manpower and Youth Development Center and Program; RA 5919, giving the Philippine College of Commerce ownership of the land on which it stands; and RA 6014, creating the Student Loan Fund Authority. At the Batasan Pambansa she continued this concern for education with the Education for Development Act.
A Sea of Change: The International Women’s Decade
As we all know, the Philippines responded to the call of the United Nations for a decade-long action for the full development of women by a presidential decree in 1975 establishing the National Commission on the Role of Filipino Women (NCRFW) in preparation for the UN International Conference on Women which was held in Mexico City. Also in response to the women’s decade, the government ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and committed to implement the Nairobi Forward Looking Strategies for the Advancement of Women.
With the impetus of other UN conferences in the late 1980s and throughout the 1990s – notably those hosted by Nairobi, Copenhagen, Cairo, Vienna and Beijing and the parallel conferences run by NGOs – and with the globalization of issues, women activists started widening their concerns and issues. To their credit, women in the post-People Power Congress promoted a legislative agenda that reflected these concerns – women in development, gender and development, gender equality, women’s reproductive health, the indivisibility of women’s rights and human rights, action on various forms of violence against women – rape, sexual harassment and trafficking in women, and the protection of and increasing number of women in overseas contract work.
True, some of the laws took almost a decade and three Congresses to pass – but this only stresses the tenacity, solidarity and creativeness of women legislators in shepherding key bills through the legislative treadmill. To their credit too, women in the post-EDSA Congress worked to establish a Commitee on Women with its own secretariat staff as well as to exercise an oversight function over the implementation of laws they had painstakingly passed. Last but not the least, they established with their male colleagues a network of women’s resource and livelihood training centers strategically placed throughout the country.
The Eighth Congress was notable for a number of things but one of the most notable was for giving women a day for celebrating their achievements – the Women’s Day Law (RA 6949) which was sponsored in 1990 by Senator Santanina Rasul. The Eighth Congress also passed the Women in Development and Nation-Building Act of 1995 (RA 7192) which recognizes the role of women in nation building; gives women the right to enter into contracts without having to seek their husbands’ permission; opens the Philippine Military Academy to women; and reserves for women’s projects 5% of the budget of government departments.
Each year and each Congress have brought legislative gains for women – among them, increasing maternity benefits for women in the private sector (RA 7322) in 1992, the Accessibility Act filed by the late Rep. Estelita Juco on behalf of the disabled, the Women in Small Business Enterprises Act (RA 7882) in 1995, Anti-Sexual Harassment Law (RA 7877) and the Overseas Workers’ Rights Protection in 1996, the Anti-Rape Law in 1997 (RA 8353) , the Child and Family Courts Act, the Rape Victim Assistance and Protection Act and the National AIDS Policy Act – all in 1998.
These laws have limitations, as has been rightfully pointed out by the Oversight Sub-Committee of the Committee on Women of the House of Representatives . For instance, the Anti-Sexual Harassment Law applies only to employer-employee situations in office and school settings but not to colleagues. The Anti-Rape Law implicitly recognizes that rape may occur within marriage but its forgiveness clause absolves husbands of the crime of rape once they are forgiven by their wives.
Limited as they night be, these laws are victories for women and guideposts for future legislation. For indeed, Congress could not pass certain bills even with the vigilance and diligence of its women members – the National Commission on Women bill, the new population policy bill, a comprehensive program on wife beating, the bill against the trafficking and commercial exploitation of women, the Women Empowerment Act of 1993 reserving for qualified women at least of third of appointive positions in national and local government; and an enabling bill for elections to local board.
Indeed, herstory is a great teacher. For women in legislation and politics, there are still many lessons to learn, obstacles to overcome, challenges to confront and gains to reap. There are persistent demands for electoral reform and further democratization of the political system that seems to favor men and the socio-economic elite for political positions. There is still so much poverty and underdevelopment among majority of our women and rampant violence is a common feature of daily life for an increasing number. In sum , there is still so much to be done and it is for the women legislators and women in politics of the future to respond to the expectations of our people which have remained great and unfulfilled.
To Senator Tecla San Andres Ziga belongs the privileged distinction of being the first woman to top the bar examinations in the Philippines, and the first Congresswoman to have been re-elected. That she was counted as one of the more sobering influences in the Senate was due in large measure to her rich background and successful practice in the field of law.
The Senator was born in Naga City on August 28, 1906. She had her first schooling at the Santa Isabel College and her high school at the Catholic Central School. She finished her Liberal Arts and obtained her law degree from the University of the Philippines in 1930. The same year she took the bar and became the first woman to top it. Her score in remedial law was 99%. Immediately, she was taken in as assistant attorney in the DeWitt law office where she worked for seven years.
In 1937 she took the civil service examination for lawyers and after topping it, was employed in the department of justice where she stayed for several years.
In November 1955, she was elected to Congress to serve the unfinished term of her brother – in – law who had died in an accident. In the halls of Congress, she distinguished herself for her vigilant fiscalizing and genuine concern for women and children. Towards this end she sponsored measures for the protection of women and children, regulation of practice in dietetics, etc.
Before her election to the Senate, she served as administrator of the Social Welfare Administration.
In 1963, she was elected to the Senate where she became a member of the following committees: agriculture and natural resources, education, foreign affairs, blue ribbon, community development, social justice and welfare, etc. She was a recipient of varied and countless awards.
She was married to Venancio Ziga, former governor and congressman from the first district of Albay, by whom she only had one son Victor, who himself served as a Senator.
From the Senate website.
Republic of the Philippines
FOR: All Concerned Office
For your information, attached is a photocopy of the letter dated February 19, 2001 of Ms. Ester A. Garcia, Chairperson, Commission on Higher Education (CHED) informing the Honorable Chief Justice that the CHED has accredited the degree of Bachelor of Laws with corresponding Bar eligibility as equivalent to a relevant Master’s Degree per its en banc Resolution No. 038-2001, a copy of which is likewise attached. Parenthetically, the said Resolution includes the degree of Doctor of Medicine with corresponding board eligibility as equivalent to a relevant Master’s degree.
March 15, 2001
EDEN T. CANDELARIA
Deputy Clerk of Court and Chief Administrative Officer
Office of the Chief Justice
Offices of the Associate Justices
Philippine Judicial Academy
Judicial and Bar Council
Office of the Court Administrator
Office of the Clerk of Court
Offices of the Division Clerks of Court
Office of Administrative Services
Office of the Chief Attorney
Office of the Reporter
Judicial Records Office
Office of the Bar Confidant
Management Information Systems Office
Fiscal Management & Budget Office
Medical and Dental Services
Republic of the Philippines
OFFICE OF THE PRESIDENT
COMMISSION ON HIGHER EDUCATION
February 19, 2001
HONORABLE HILARIO DAVIDE, JR.
Supreme Court of the Philippines
Padre Faura Street corner Taft Avenue
Dear Chief Justice Davide:
I am pleased to inform your good office of the en banc decision of the Commission on Higher Education on the accreditation of Bachelor of Laws (LI.B.) with bar eligibility as equivalent to a relevant Master’s Degree per attached Resolution No. 038, Series of 2001. The rationale behind this is that Bachelor of Laws is a higher degree requiring completion of a first bachelor’s degree before proceeding to the professional degree program.
The Civil Service Commission (CSC) as per Memorandum Circular No. 1-A, Series of 1997, likewise recognizes degree holders of Bachelor of Laws with bar eligibility for permanent appointment to Division Chief positions provided that applicants meet other requirements of the post. This is further supported by an earlier ruling of the CSC which considers an applicant who is at least a holder of a Master’s Degree qualified for the post of Division Chief.
In view of the above CHED policy and rationale, any other master’s degree earned by the individual relative to the discipline of law is considered equivalent to a second or third Master’s degree as the case may be.Thank you and best regards.
Very truly yours,
ESTER A. GARCIA
See this related article by Dean Mariano F. Magsalin, Jr.
The Ten Commandments
in Answering Bar Exam Questions
by Atty. Ralph A. Sarmiento (10th placer, 1997 Bar Exams)
Thou shall not abandon your common sense.
Thou shall leave your personal biases at home.
Thou shall answer only what is being asked.
Thou shall not invent facts.
Thou shall write legibly and clearly.
Thou shall not write unduly long answers.
Thou shall not brag about your legal knowledge.
Thou shall not criticize the problem.
Thou shall always state the legal basis of your answer.
Thou shall not make an unjustified conclusion.
Dacion En Pago. A juridical concept, couched in Spanish, whereby a debtor discharges his obligation to his creditor through the transfer or conveyance of his property as the equivalent of payment. The delivery and transmission of ownership of a thing by the debtor to the creditor is an accepted equivalent of the performance of the obligation. (The Philippine Lawin Bus Co. vs. CA, 374 SCRA 332)
Daisy Chain. A price manipulation scheme in securities trading which involves a series of purchases and sales of the same issue at successively higher or lower prices by the same group of people for the purpose of attracting unsuspecting investors into the market, leaving them defrauded of their money or securities.
Damages. Generally refers to a monetary award or recompense for a legal wrong which the law awards to the person prejudiced or damages thereby. It can result from a crime, quasi-delict, or breach of contract. (Arts. 2195-2235, Civil Code)
Damno Absque Injuria. A Latin phrase which translates “damage without injury,” it means acts do not give rise to any injury.
Dangerous Drugs. Narcotic drugs and other prohibited substances listed in the Schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of Comprehensive Dangerous Drugs Act of 2002, RA 9165.
Dangerous Tendency Rule. A test for inciting to sedition, the words uttered or published have a tendency to easily produce disaffection among the people and a state of feeling in them that is incompatible with a disposition to remain loyal to the government and obedient to the laws. (People vs. Peres, 45 Phil. 599)
Dating Relationship. Refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. It does not refer to a casual acquaintance or ordinary socialization between two individuals in a business or social context. (Sec. 3 (e), RA 9262, Anti-Violence Against Women and Children Act of 2004)
Day Certain. In contract law, refers to that day which will necessarily arrive, although it may not be known when. (Art. 1193, Civil Code)
Day in Court. Refers to a person’s opportunity to be heard concerning a matter under investigation or in litigation.
De Facto. Latin term which means “in point of fact.”
De Facto Government. Type of government which actually exercises power or control but without legal title (Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986)
De Jure. Latin term which means “from the law” or “by right”, valid and legal.
De Jure Government. Type of government which has a rightful title but has no power of control either, because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof.
De Mesne. Lating term which connotes possession of real property in one’s own name.
De Minimis. Latin adjective for describing something that is too insignificant or trifling for the courts to bother with.
Dead Man’s Statute. A rule in evidence which disqualifies a witness from testifying with regard to matters covered by privileged communication. (Sec. 24, Rule 130)
Dealer. A person who buys and sells securities for his own account in the ordinary course of business.
Death or Physical Injuries under Exceptional Circumstances. A situation where any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, kills any of them or both of them in the act or immediately thereafter, or inflicts upon them any serious physical injury, and thereby suffers the penalty of destierro. (Art. 247, RPC)
Debt Bondage. The pledging by the debtor of his her personal services or labor or those of a person under his or her control as security or payment for a debt, when the length and nature of services are not clearly defined or when the values of the services as reasonably assessed are not applied toward the liquidation of the debt. (Sec. 3(g), RA 9208, Anti-Trafficking in Persons Act of 2003)
Decedent. A person whose property is transmitted through succession, whether or not he left a will. Note that if he left a will, he is called the Testator.
Deceit. The false representation or misrepresentation of a factual matter, whether by words or conduct, by untrue or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another into acting upon it to his legal injury. (People vs. Menil, Jr., 340 SCRA 125; Pable vs. People, 442 SCRA 146)
Decentralization of Administration – delegation of administrative powers to local government unit in order to broaden the base of governmental powers.
Decision. The adjudication or settlement of a controversy by a court of law. It goes into the roots of the controversy, makes a searching examination of the facts and issues of the case, applies the law and considers the evidence presented, and finally determines the rights of the parties. (Philamlife vs. SSS, 20 SCRA 163)
Decentralization of Powers. Abdication of political power in the favor of local governments units declared to be autonomous. (Limbonas v. Mangelin, 170 SCRA 786)
Declaration Against Interest. The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to declarant’s own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. (Sec. 38, Rule 130)
Declaratory Relief. A special civil action brought by a person interested under a deed, will, contract, or other written instrument, whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation for the purpose of determining any question of construction or validity arising, and for a declaration of his rights and duties thereunder, before any breach or violation thereof occurs. (Rule 63)
Deductible Expense. To qualify as such from income taxation, it must be ordinary and necessary trade, business or professional expense paid or incurred to carry on, or which is directly attributable to, the development, management, operation or conduct of the trade, business or exercise of a profession. (Sec. 34, NIRC of 1997)
Default. The failure of a defending party to file his answer within the time allowed under the Rules of Court. Such failure will make him lose his standing in court, that is, he cannot appear therein, adduce evidence and heard, nor take part in the trial or hearing of the case. (Sec. 3, Rule 9)
Defendant. The person who is sued by the plaintiff in a civil suit or the person who is being accused in a criminal proceeding. He may also be referred to as a respondent.
Delito Continuado. See Continuing Crime.
Demand Deposits. All of the liabilities of the Bangko Sentral ng Pilipinas and of other banks which are denominated in Philippine currency and are subject to payment in legal tender upon demand by the presentation of checks. (Sec. 58, RA 7653, The New Central Bank Act)
Demurrage. In maritime law, refers to the compensation provided for in the contract of affreightment for the detention of the vessel beyond the period of time agreed on for the loading or unloading of cargo.
Demurrer of Evidence. After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law, the plaintiff has shown no right to relief. If his motion is granted but on appeal the order of dismissal is reversed, he shall be deemed to have waived the right to present evidence. (Rule 33)
Deposit Substitutes. An alternative form of obtaining funds from the public, other than deposits, through the issuance, endorsement, or acceptance of debt instruments for the borrower’s own account, for the purpose of relending or purchasing of receivables and other obligations, e.g., banker’s acceptances, promissory notes, participations, certificates of assignment and similar instruments with recourse, and repurchase agreements. (Sec. 95, RA 7653, New Central Bank Act)
Depositary. An individual or entity, such as a bank, which is authorized to receive and hold a deposit, with an obligation to return the same object which is received as a deposit.
Deposition. The written testimony made under oath by a witness who is unable to testify in person concerning facts known to him, and which sworn statement is generally supposed to be substitute for his actual testimony in open court. (Rule 23)
Derivative Citizenship. Philippine citizenship which is automatically devolved to the unmarried child of a parent who has reacquired Philippine citizenship after having lost it by becoming a naturalized citizen of a foreign country. The child, whether legitimate, illegitimate or adopted, must be below 18 years of age. It is also a condition that the parent is originally a natural-born Filipino. (RA 9225, Citizenship Retention and Reacquisition Act of 2003)
Derivative Suit. A common law doctrine adopted in our jurisdiction whereby a stockholder may sue on behalf of the corporation itself and other stockholders to redress any wrongdoing committed by the corporation’s management or board of directors. (See Class Suit)
Destierro. A penalty imposed on the offender which prohibits him from entering the place or paces designated in the sentence, nor within the radius specified therein, which shall not be more than 250 and not less than 25 kilometers from the place designated. (Art. 87, RPC)
Develop-Operate-and-Transfer. A contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits which may result from that investment, such as higher property or rent values. (Sec. 2(h), RA 7718)
Devise. A bequest of real property in a will to a person called the devisee. (Art. 782, par. 2, Civil Code)
Devisee. The person named in a will to receive a gift consisting or real property.
Devolution. Under the Local Government Code, refers to the act by which the National Government confers power and authority upon the various local government units or LGUs to perform specific functions and responsibilities. (Sec. 17, RA 7160, Local Government Code of 1991)
Dilatory Tactic. Motion or plea that is designated to delay the court proceedings, e.g., a second motion for reconsideration in the Supreme Court, or a motion for postponement of a hearing for flimsy reasons.
Diligence of a Good Father. That degree of diligence which a prudent person would exercise with regard to his own family or property. This extends to the degree of diligence required in selecting and supervising one’s employees, in the concept of master and servant under tort law. (Art. 2180, Civil Code)
Diplomatic Asylum. The refuge extended to a fugitive in the residence of a diplomat in the host state in which the residence is located on the fiction that it is an extension of that diplomat’s own territorial state.
Direct Assault. A crime committed by any person who, without a public uprising shall employ force or intimidation for the attainment of any of the purposes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority, or any of his agents, while engaged in the performance of official duties. (Art. 148, RPC)
Direct Bribery. A crime committed by any public officer who performed an act which constitutes a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by him personally or through the intercession of another. This is committed if the public officer refrained from doing something which it was his official duty to do for a similar consideration. (Art. 210, RPC)
Direct Contempt. Misbehavior in the presence of or so near a court of justice as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. (Sec. 1, Rule 71)
Direct Examination. The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. (Sec. 5, Rule 132)
Direct Taxes. Taxes for which a taxpayer is directly liable on the transaction or business he is engaged in. Personal income tax is an example of direct taxes.
Disbarment. The disciplinary process or removing a member of the Bar from the Roll of Attorneys and revoking his license and privilege to practice law. (Rule 139-B)
Discernment. As applied to juvenile cases, it means the mental capacity to understand the difference between right and wrong and its consequences.
Discharge of Debtor. In the law of Insolvency, refers to the release of the debtor from his debts which were or might be proved in the insolvency proceedings such that they are no longer a charge upon him. (Sec. 64, Act 1956, The Insolvency Law)
Disclaimer. A person’s denial or responsibility or repudiation of a claim or assertion over a right or thing so as to defend against any potential liability.
Discounting Easement. An easement or servitude which is used at intervals only and depends upon the acts of man. (Art. 615, Civil Code)
Discretion. The act or the liberty to decide, according to the principles of justice and one’s ideas of what is right and proper under the circumstances, without willfulness or favor, “but guided and controlled in its exercise by fixed legal principles. It is not a mental discretion to be exercised ex gratia, but a legal discretion to be exercised in conformity with the spirit of the law, and in a manner to subserve and not to impede or defeat the ends of substantial justice.” (Lambs vs. Phipps, 22 Phil. 488; PLDT vs. CA, 463 SCRA 418)
Discretionary Execution. In judicial parlance, it is also called execution pending appeal which is the execution of a judgment or final order before it attains finality. (Sec. 2, Rule 39)
Disinheritance. An act affected through a will by the testator by which a compulsory heir is deprived of his legitime, for causes expressly stated by law, e.g., an attempt against the life of the testator, a groundless accusation by a child or descendant, refusal without justifiable cause to support the testator, etc. (Arts. 915, 916 and 919, Civil Code)
Dispositive Portion. That part of a court decision which contains the judgment or resolution of the issues subject of the complaint or petition. It usually appears as the very last paragraph in a decision as in “Petition is hereby dismissed for lack of merit.”
Disputable Presumption. As assertion of a fact which, unless contradicted and overcome by other evidence, is deemed to be true. That a person is “innocent unless proven guilty” is an example of a disputable presumption. (Sec. 3, Rule 131)
Dissenting Opinion. A separate opinion written by an appellate justice who differs from the opinion of the majority in deciding a case.
Distressed Employer. An employer who may qualify for exemption in granting any newly-enacted labor benefit to its employees as a result of substantial losses that it is incurring in its operations.
Disturbance Compensation. The amount of compensation to which an agricultural lessee is entitled when being lawfully ejected from his landholding. (Sec. 36, RA 3844, Agricultural Land Reform Code)
Dividend. An amount corresponding to a share in corporate profits that is distributed to a stockholder in proportion to his subscription to the capital stock of the corporation. It may take the form of cash or additional shares of stock. (Sec. 73(A), NIRC of 1997)
Dividends in Insolvency. The amounts paid, upon order of the court, to the creditors of an insolvent out of the capital or assets of the insolvent’s estate for the purpose of liquidating or discharging a debt. (Sec. 45, Act 1956, The Insolvency Law)
Doctrine of Comparative Injury. A rule in equity which states that although a person is entitled to injunctive relief, if the injury done to the respondent or the public would be disproportionate, then injunctive relief must be denied.
Doctrine of Equivalents. The rule stating that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. (Smith Kline and Beckman Corporation vs. CA, 409 SCRA 33)
Doctrine of Fair Comment. A doctrine in the law of libel, which means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts. (Borjal vs. CA, 361 Phil. 1999)
Doctrine of Incorporation. A doctrinal precept which involves incorporating in a nation’s municipal law generally accepted principles of international law as part of its own municipal law without the need of further legislation. This doctrine has been adopted in the 1987 Constitution under the “declaration of principles.”
Doctrine of Indelible Allegiance. An individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired.
Doctrine of Last Clear Chance. If the accused in a prosecution for negligence could have avoided the dire consequences to which the offended party might have contributed himself by his own negligence, had he observed reasonable care and precaution, he had the “last clear chance” to prevent the injury or damage and, therefore, could not escape criminal liability.
Doctrine of Parens Patriae. Government as guardian of the rights of People (Government of Philippines Islands v. El Monte de Piedad, 35 SCRA 738).
Doctrine of Primary Jurisdiction. The legal tenet that precludes a court arrogating unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. For example, the Department of Agrarian Reform, or DAR, will have “primary jurisdiction” over agrarian disputes. (Gala vs. Ellice Agro-Industrial Corporation, 418 SCRA 431)
Doctrine of Strained Relations. A labor case law principle which states that where reinstatement of an illegally dismissed employee is no longer feasible, expedient or practical because it would only exacerbate the tension and strained relations between the parties, or where the relationship between the employer and employee has been unduly strained by reason of irreconcilable differences, particularly where the employee held a managerial position in the company, it would be more prudent to order the payment of separation pay instead of reinstatement. (Quijano vs. Mercury Drug, 292 SCRA 109; Globe-Mackay vs. NLRC, 206 SCRA 701)
Doctrine of Supervening Event. Prosecution for another offense if subsequent development changes character of the first indictment under which he may have already been charged or convicted.
Documentary Evidence. Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. (Sec. 2, Rule 130)
Doing Business. This phrase includes soliciting orders, selling products, service contracts, opening offices, appointing representatives or distributors domiciled in the Philippines, or staying in the country for 180 days or more, or participating in the management or control of any domestic business or enterprise in the Philippines, or any other act that implies a continuity of commercial dealings as a business organization. It does not, however, include mere investment as a stockholder by a foreign entity in domestic corporations, nor having a nominee director or officer to represent its interest in such corporation, or having a representative or distributor domiciled in the Philippines which transacts business in its own name and for its own account. (Sec. 3(d), RA 7042, Foreig Investments Act of 1991)
Domestic Air Carrier. An air carrier who is a citizen of the Philippines, including one who is not a citizen of the Philippines but is authorized by the Civil Aeronautics Act to engage in domestic air transportation. (Sec. 3(t), RA 776, Civil Aeronautics Act)
Domestic Air Commerce. Air commerce that is carried on within the territorial limits of the Philippines. (Sec. 3(g) and Sec. 3(u), RA 776, Civil Aeronautics Act)
Domestic Air Transportation. The conduct of air transportation within the territorial limits of the Philippines. (Sec. 3(v), RA 776, Civil Aeronautics Act)
Domestic Arbitration. An arbitration involving a local dispute, i.e., not international as this is understood in the Model Law adopted by the United Nations, which means that it is to be governed by RA 875, the Arbitration Law of the Philippines.
Domestic Law. The internal law of the forum, that is, the local law as applied to purely domestic cases.
Domestic Market Enterprise. As this is understood in the Foreign Investments Act of 1991 (RA 7042), it means an enterprise which produces goods for sale, or renders services to the domestic market entirely or, if exporting a portion of its output, fails to consistently export at least sixty percent thereof.
Domestic Servant. See Househelper.
Domicile. The place where a person’s habitual residence is located, and to which he intends to return whenever he is absent therefrom, no matter how long. For a juridical person, such as a corporation, it is where it is legally registered and where, normally, it conducts its principal business or function.
Dominant Estate. The immovable in favor of which an easement or servitude is established. (Art. 613, Civil Code)
Dominion. A legal concept which embodies both ownership and possession as being exclusively lodged in the same person or entity.
Donation. An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.
Donation Inter Vivos. A donation that takes effect during the lifetime of the donor, though the property shall not be delivered until after the donor’s death. The fruits of the property from the time of the acceptance of the donation shall pertain to the donee, unless the donor provides otherwise. (Art. 729, Civil Code)
Donation Mortis Causa. A donation or gift which is to become effective only upon the donor’s death, as opposed to a donation inter vivos.
Donation Propter Nuptias. A donation which is given by reason of marriage and given before its celebration, in consideration of that same, and in favor of one or both of the future spouses. (Art. 82, Family Code)
Donor’s Tax. A tax on the privilege of transmitting one’s property or property rights to another or others without adequate and full valuable consideration.
DOSRI. An acronym that refers to “directors, officers, stockholders and their related interests” such that their transactions are closely supervised and monitored by the Bangko Sentral ng Pilipinas. A bank’s credit accommodation to its DOSRI, for example, must not be on terms which are mote favorable than those extended to non-DOSRI borrowers. (Sect. 36, RA 7653, New Central Bank Act)
Double Insurance. One where the same person is insured by several insurers separately in respect to the same subject and interests.
Double Jeopardy. The constitutional right of the accused against being prosecuted for the same offense, for which he has been either previously acquitted or convicted. As explained under the Revised Rules of Criminal Procedure, when an accused has been convicted or acquitted, or the case against him dismissed or terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after he has pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily included in the offense charged in the former complaint or information. (Sec. 7, Rule 117, as revised)
Double Taxation. Taxing the same property twice when it should be taxed only once, that is, “taxing the same person twice by the same jurisdiction for the same thing.”
Draft. An instrument ordinarily used in international commercial transactions to effect payment. It is also referred to as a bill of exchange.
Dragnet Clause or Blanket Clause. A clause in a mortgage contract which is specifically phrased to include all debts of past or future origins. Such a clause enables the parties to provide continuous dealings, the nature or extent of which may not be known or anticipated at the time, thus avoiding the expenses and inconvenience of executing a new security on each new transaction. However, such a clause will not be extended to cover future advances if the lender gives and the borrower accepts other securities for the subsequent loans. (Prudential Bank vs. Alviar, 464 SCRA 353)
Drug Dependence. A cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance—and the difficulties in controlling substance—taking behavior in terms of its onset, termination, or levels of use. (Sec. 3(n), RA 9165, Dangerous Drugs Act of 2002)
Drug Syndicate. Any organized group of two or more persons forming or joining together with the intention of committing any offense which is in violation of the Dangerous Drugs Act of 2002.
Dual Citizen. A natural-born Philippine citizen who has also become a naturalized citizen of another country but who is deemed not to have lost his Philippine citizenship by taking the prescribed oath of allegiance to the Philippines. A dual citizen can exercise absentee voting rights for President, Vice President, Senators and Party-List Representatives. (RA 9225, Citizenship Retention and Reacquisition Act; Loida Nicolas-Lewis, et al. vs. COMELEC, GR 162759, August 4, 2006)
Due Process of Law. A sacred principle embodied in Section 1, Article III of the Constitution which mandates that “no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied of the equal protection of laws.” It is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
Duel. An illegal act which involves an agreement between two persons to settle scores by killing or injuring each other in the presence of their seconds or others to witness the duelers’ observance of the formalities of their combat. (Art. 260, RPC)
Dumping. The act of importing into the Philippines any product, commodity, or article of commerce at an export price that is less than its normal value in the ordinary course of trade for a like product, commodity, or article in the exporting country that tends to cause material injury to a domestic industry. (RA 8752, Anti-Dumping Act of 1999)
Duplicate Original. A copy of a document which is made at the same time as the original of that document such as a carbon copy.
Duplicity of Charges. Also Diplicitous Information, this situation exists when a single information charges more than one offense. The Rules on Criminal Procedure prohibits the filing of such information to avoid confusing the accused in preparing a proper defense. (Loney vs. People, 481 SCRA 194)
Dura Lex Sed Lex. Latin phrase which means “the law may be harsh, but that is the law.” It must be obeyed regardless.
Dying Declaration. An exception to the hearsay rule, refers to the declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. (Sec. 37, Rule 130)
Moral law may be defined as that kind of nonjural law which sets the standards of good and commendable conduct. It is that rule to which moral agents ought to conform all their voluntary actions, and is enforced by sanctions equal to the value of the precept. It is the rule for the government of free and intelligent action, as opposed to necessary and unintelligent action. It is the law of liberty, as opposed to the law of necessity–of motive and free choice, as opposed to force of every kind. Moral law is primarily a rule for the direction of the action of free will, and strictly of free will only. But secondarily, and less strictly, it is the rule for the regulation of all those actions and states of mind and body that follow the free actions of will by a law of necessity. Thus, moral law controls involuntary mental states and outward action, only by securing conformity of the actions of free will to its precept.
Moral law may be said to resemble divine and natural law. Divine law is the law of the religious faith. Moral law, while also concerned with the precepts of good and right conduct as the basis of its norms, is not necessarily concerned with the law of religious faith. For a person may not be religious and yet still be ethical. Moral and natural laws apply equally to all persons everywhere and yet they are not identical: moral law is ethical in foundation; natural law is strictly metaphysical. Physical law is the totality of uniformities and orders of sequence which combine together to govern physical phenomena. Moral law differs from jural law insofar as enforcement is concerned. While jural law is enforceable in the courts, moral law is enforced only by indefinite authority for there are no courts in which it is administered as such.
II. Essential Attributes of Moral Law
Subjectivity. It is an idea of reason, developed in the mind of the subject; an idea, or conception, of that state of will, or course of action, which is obligatory upon a moral agent. No one can be a moral agent, or the subject of moral law, unless he has this idea developed; for this idea is identical with the law. It is the law developed, or revealed within himself. Thus he becomes “a law to himself,” his own reason affirming his obligation to conform to this idea, or law.
III. Moral Law Discussed by Justice Vitug through His Dissenting Opinion in ESTRADA VS. ESCRITOR, AM O-02-1651; August 4, 2003
Philippine laws are veritable repositories of moral laws that sanction immoral conduct which, at first glance, could appear to be private and to cause no harm to larger society but nevertheless dealt with. Examples of such instances include general references to “good moral character” as a qualification and as a condition for remaining in public office, and sex between a man and a prostitute, though consensual and private, and with no injured third party, remains illegal in this country. Until just about a month ago, the United States Supreme Court has outlawed acts of sodomy or consensual sexual relations between two consenting males, even if done in the privacy of the bedroom. Are moral laws such as these justified? Do they not unduly impinge on one’s own freedom of belief?
Law and Morals
Law and morals, albeit closely connected, may proceed along different planes. Law is primarily directed at man’s behavior while morals are directed at his animus or state of mind. While the law often makes reference to one’s state of mind, it does not, however, punish the existence of immoral intent without more. It requires only that at the risk of punitive sanctions for disobedience, one must refrain from the temptation to act in accordance with such intent to the detriment of another. The ethical principle is generally cast, affirmatively or negatively, in the form of a direct command, whereas the legal rule peaks, generally, of the consequences that attend the violation of a duty. As to purpose, law and morals further diverge. Morals strive for individual perfection, while law aim at harmony in the community.
Not all societal mores are codified into laws. We have yet to see a law outlawing vanity, pride, gluttony or sloth. Nor are all laws necessarily moral. Slavery is outlawed but not so in our distant past. Laws allowing racial segregation prejudicial to blacks or denying the right to suffrage to women may seem to be relics of a long gone uncivilized society if one forgets that the abolition of these “immoral laws” is but less than a century ago.
The observation brings to the fore some characteristics of morals, which make it unwise to insist that it be, at all times, co-extensive with law — First, morals are not entirely error free. To insist that laws should always embody the prevailing morality without questioning whether the morals sought to be upheld are in themselves right or wrong would be a dangerous proposition. Second, morals continuously change over time, often too slowly to be immediately discerned. To ensure that laws keep pace with the ever-changing moralities would be quite a perplexed, if not a futile, an endeavor. Third, standards of morality vary. Modern society is essentially pluralist. People of different faiths owe common allegiance to the State. Different moral judgments flow from varying religious premises that, obviously, the law cannot all accommodate.
The Common Origin of Morality and the Law
That law and morals are closely intertwined is a traditionally held belief. One school of thought even go as far as calling a law without morality as not law at all; but naked power, and that human beings not only have a legal, but also the moral obligation to obey the law. It suggests that where law clashes with morality, it can impose no obligation, moral or otherwise, upon anyone to obey it; one may actually be morally bound to disobey such law. The ancient role held by the Christian Church as being the ruler of both spiritual and temporal affairs of men has laid that groundwork for the impression. The Judaic-Christian God is thought to be the source of both law and morality and man has come to know of His law and morals through the human soul, the human conscience and the human mind. With the rise of the secular state in the 16th and 17th centuries and the corresponding decline in the authority of the Church, legal thinkers such as Pufendorf, Vattel, and Burlamaqui would establish legal systems based on scientific principles deduced from the nature of men and things, that would guide the behavior of the metaphysical man in directions that promote political order and assure a measure of protected individual dignity. Such treatises on natural law have offered model political systems based on scientific principles logically deduced from the nature of man and the nature of things, serving to give a kind of scientific legitimacy to the newly formed nation states emerging in the 17th and 18th centuries under human sovereigns. Not surprisingly, sovereigns of that era promulgated natural law codes consisting of religious commandments, quasi-human moral values and civic virtues all couched in the language of legal proscriptions proclaimed and enforced by secular states. Human conduct condemned by God’s law and forbidden by the sovereign’s law would be said to be morally, as well as legally, reprehensible or malum in se.
As the law of the state became inexorably intertwined with higher moral law, based on both divine law and the law of nature, so, also, human law was seen to carry the moral authority of both. Jurisprudential ramifications could hardly be contained.
In the last 19th century, legal reformers have consciously inculcated moral concepts such as fault, intent, and extenuating circumstances into both civil and criminal law. Law and morals have been drawn closer together so that legal accountability, more accurately than not, would likewise reflect moral culpability. Vestiges of these reforms are still enshrined in our laws. In the Revised Penal Code, for example, mitigating, extenuating or aggravating circumstances that may either decrease or increase the penalties to be meted on an offender are all based on the moral attributes of the crime and the criminal.
The academic polemic
With the emergence of the secular state, the greatest contribution of liberals to the issue is not the discovery of a pre-existing, necessary distinction between law and morality; rather, it is their attempt at separation, the building of the wall to separate law from morality, whose coincidence is sublimely monstrous. Liberals attempt to divorce law from morality by characteristically adhering to some form of “harm” principle: public authority may justly use law as coercive factor only to prevent harm to non-consenting third parties. More specifically, the main distinguishing feature of liberalism is its opposition to morals law or the legal interference up to and including (sometimes) prohibition of putatively “victimless” immoralities such as sodomy, prostitution, fornication, recreational drug use, suicide and euthanasia. Liberals argue that moral laws are, in principle, unjust.
This surge of liberalism has set the trend in the courts to adopt a neutral and disinterested stand in cases involving moral issues, often at the expense of obscuring the values which society seeks to enforce through its moral laws. This matter brings to mind the case of Grisworld vs. Connecticut where the US Supreme Court, despite a presupposition that contraception is always wrong, nevertheless, has invalidated that state’s anti-contraceptive law. In so deciding, the US Supreme Court has not met head-on the issue of whether the use of contraception is immoral but instead has struck down the law as being invalid on the ground of marital privacy. Should Grisworld then be taken to sanction a moral right to do a moral wrong?
Into the Twentieth Century: the Devlin-Hart Debate
On September 1957 in England, the Committee on Homosexual Offenses and Prostitution chaired by Sir John Wolfenden has recommended in its report to the British Parliament that homosexual behavior between two consenting adults in private should no longer be a criminal offense. The thesis holds that it is not the duty of the law to concern itself with immorality as such. The report has proposed to resolve questions of the legitimacy of legally enforcing moral obligations by distinguishing immoralities that implicate public interests from immoralities that are merely private. The Wolfenden Report would spark an academic debate that persists to this day.
Patrick Devlin, then a High Court judge, has argued at the British Academy’s 1959 Maccabaean Lecture that it would be a mistake to posit a private sphere of immorality into which the law ought not to venture. Devlin’s legal moralism hinges on the theory that moral offenses insofar as they affect common good are fit subjects for legislation. Whether behavior, private or public may affect common good in such a manner that endanger the fabric of society and should thus be suppressed by law is a question of fact, which can be answered only after a full consideration of the conditions prevailing in a given society. To Devlin, morals are not merely a matter of private judgment; society should be in a position to enforce its moral standards as a means of self-preservation, “whatever its morality happens to be.” Devlin would thus become the forerunner of ethical relativism which suggests that there is no “right” and “wrong” in any absolute sense, that right or wrong depend entirely on the culture in which one happens to live. Devlin then would tolerate individual freedom only as far as possible and as long as it is consistent with the integrity of society. Hence, while privacy is respected, it may be forfeited where one person injures another.
H.L.A. Hart refutes Devlin’s suggestion that immorality, even if private, can be likened to treason, against which it is permissible for society to take steps to preserve itself. Hart sees Devlin’s view of people living in a single society as having common moral foundation as overly simplistic. To Hart, societies have always been diverse. With the rise of democracy, society could more accurately be called a collectivity of ideas and attitudes, an assemblage or gathering of people who live together and work together and govern themselves collectively in spite of the great diversities that divide them. Hart places emphasis on the right to privacy and freedom of action which ought to be protected and should be interfered with only when private behavior ceases to be private and becomes a menace to the public or to some part of the public. One may deduce from Hart’s arguments that private consensual moral offenses should not be legally prohibited because of the difficulties in enforcing such laws and the near impossibility of detecting most offenses without an unconscionable invasion of privacy.
Hart criticizes attempts to impose the morality of the majority on a few. Justification for punishment especially when applied to conduct not harmful to others represents a value to be pursued at the cost of human suffering, the bare expression of moral condemnation and treats the infliction of suffering as a uniquely appropriate mode of expression. The idea that we may punish offenders against a moral code not to prevent harm but simply as a means of venting or expressing moral condemnation is uncomfortably close to human sacrifice as a form of religious worship. To Hart, Vox populi does not necessarily translate to Vox Dei. Hart particularly singles out laws aimed at enforcing sexual morality as oppressive — “Laws designed to enforce sexual morality to the extent that they interfere with certain forms of sexual expression and restrict the sexual outlet that may be available, impose an acute form of suffering upon those who are thus deprived of the only outlet available to them.” Such laws and the coercive measures that may be used to enforce them “may create misery of quite a special degree. All restraints then must be justified by strong reasons.” Quoting John Stuart Mill in his essay “On Liberty”, Hart expounds — “The only purpose for which power can rightfully be exercised over any member of a civilized community against his will is to prevent harm to others. His own good, either physical or moral is not a sufficient warrant. He cannot be rightfully compelled to do or forbear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise or right.”
Arriving at an Acceptable Middle Ground
But Hart is not without his critics, among them being Robert P. George. George acknowledges that laws per se cannot make men moral; laws can only succeed in commanding outward conformity to moral rules but cannot compel internal acts of reason. Such an instance would be a law requiring all people to contribute to the charities. While fear of sanctions would force one to make such contribution, the same does not necessarily make him charitable. George, however, contends that laws can be utilized to make men moral by: (1) preventing further self-corruption, (2) preventing bad example (3) helping to preserve the moral ecology and (4) educating people about right and wrong. Thus, to him, moral laws punishing victimless sexual immoralities, for example, proceed from the conviction that the acts are truly wrong and that they damage the characters of the people who perform them, block the path to virtue, and in specific ways offend against the common good. George cites Aristotle who, centuries ago, had long anticipated but criticized and firmly rejected the doctrine of mainstream contemporary liberalism, namely the belief that the law should merely be a guarantor of men’s rights against another — instead of being, as it should be, a rule of life such as will make the members of the polis good and just.
Robert George submits, and I agree, that while morality cannot be legislated, laws can help make men moral by creating a “moral ecology” and profoundly affecting notions in society about what is morally acceptable, forbidden and required. People shape their own lives and often treat others very differently in the light of these notions. The point is, “a good moral ecology benefits people by encouraging and supporting their efforts to be good, a bad moral ecology harms people by offering them opportunities and inducements to do things that are wicked.” To illustrate, the decision of US Supreme Court in Brown vs. Topeka Board of Education in 1954 and of the Civil Rights Act of 1964 has primarily been responsible in changing society’s perception on forced segregation or interracial marriage.
It might then be deduced that moral laws are justified when they (1) seek to preserve the moral value upheld by society and (2) when the morality enforced in a certain case, is true and correct. It is within these standards that the provision against “immorality” in the Administrative Code must be examined to the extent that such standards can apply to the facts and circumstances in the instant case before the Court. As a rule then, moral laws are justified only to the extent that they directly or indirectly serve to protect the interests of the larger society. It is only where their rigid application would serve to obliterate the value which society seeks to uphold, or defeat the purpose for which they are enacted, would a departure be justified.
The Morality of Marriage
Marriage is one area where law and morality closely intersect. The act of respondent Escritor of cohabiting with Quilapio, a married man, can only be called “immoral” in the sense that it defies and transgresses the institution of marriage. Society having a deep interest in the preservation of marriage, adultery is a matter of public, not merely private, concern, that cannot readily be ignored. This deep-seated interest is apparent in our Civil Code so replete with rules as in defining the parties’ legal capacity to marry, in laying down the essential requisites of the union, in regulating the rights and duties of the spouses, even their property relations, and in protecting the rights of children. Marriage has acquired a legal definition as early as the 12th century that has since grown towards a cherished institution with Gregorian Reform of the 11th and 12th centuries.
With the separation of the Church and State, marriage has retained its status as a legally protected viculum because it is perceived to be imbued with societal interest as a foundation of the family and the basic unit of society. While Islamic states recognize polygamous marriages and, in Western countries, divorce is acceptable, in the Philippines, however, absolute monogamy is still the order of the day. Societal interest in monogamous unions is grounded on the belief that the cohesiveness of the family is better protected, and children, prized for their role in the perpetuation of the future of the community, are better reared when spouses remain together. These societal interests are embodied in moral laws geared towards protecting the monogamous nature of Philippine marriages. But I do not endeavor to examine whether Philippine society is correct in viewing monogamy as the better means for the protection of societal interest on the family but I do would focus myself on, given the facts of the case, whether or not societal interest is rightly served.
Thus, I, in conscience, would take exception to the 1975 case of De Dios vs. Alejo. In De Dios, respondents Elias Marfil and Julieta O. Alejo, deputy sheriff and stenographer of the then Court of First Instance of Rizal, respectively, were administratively found guilty of immorality for living together despite Marfil’s prior existing marriage with another woman. Never mind if Marfil exerted valiant efforts to save his marriage by enduring the recriminations, unhappiness and extreme incompatibility he had with his wife. Never mind if notwithstanding his efforts, his wife abandoned him and their four children to live with another man. Never mind if Alejo took on the duties and responsibilities of being the mother to his children, rearing them as though they were her very own long after their natural mother had left them. Never mind if the children had, in fact, regarded her as their very own mother. Never mind if she was a good wife to the man she was living with, fulfilling the wifely duties long after the legal wife had abdicated them. Never mind if in all respects, they had become a family. Did not the Court in adjudging them guilty of immorality and in ordering them to put an end to their relationship, destroy a de facto family? Did not its narrow-minded view of marriage as a contractual transaction and its exacting application of the standards of monogamy, in effect, defeat the very moral purpose for which the law was put into place?
Are we not sacrificing the substance of marriage — that is a union of man and woman in a genuine, loving and respectful relationship and, in effect, the substance of a family, for a mere shell of intricate legality? Lest I be misunderstood, I am not advocating for a departure from the elevated concept marriage as being a legally protected union. I merely express concern that a blanket application of moral laws affecting marriage, without regard to the peculiarities of every case, might defeat the very purpose for which those laws are put into place.
IV. DIRECT SOURCES
Introduction to Philosophy; Crisolito Pascual. UP Law Center, Quezon City, 2003.
Christian Ethics; Karl Peschke, SVD. Logos Publications, Inc, Manila, 2004.
The Moral Law of God, Charles G. Finney. www.charlesfinney.com/ml/ml1.htm
Estrada vs. Escritor, AM 0-02-1651; August 4, 2003.
CAYETANO S. ARELLANO (1847-1920)
He finished his elementary and secondary at the Colegio de San Juan de Letran, and enrolled in the University of Santo Tomas, where he finished his Bachelor of Philosophy in 1862, his Bachelor of Theology in 1867, and Bachelor of Laws in 1876. After passing the Bar Examinations, he was offered to teach Civil Law in the said University.
In 1887, Arellano won a seat in the Manila City Council, which he served until 1889 with the concurrent post as member of the Council of Administration. In 1893, he was appointed member of the first Provincial Convention in Manila, wherein the provisions of the Maura Law, which he himself drafted, was discussed. In 1895, he was appointed Magistrado Suplente of the Audiencia Territorial of Manila and later as member of the Consultative Assembly. He never took part if the revolution that erupted in 1896.
At the onset of the American regime, General Elwell Otis, who became Military Governor, requested Arellano to help in the organization of the courts of Justice and helped draft the Mercantile Law, the Code of Criminal Procedures, revision of marriage law and the measures governing the organization of the municipal government.
When the Philippine Commission Act 136 dated 11 June 1901 established the Supreme Court, Arellano was appointed its first Chief Justice. In 1904, President Theodore Roosevelt appointed him to represent both the United States and the Philippines in the International Congress of Jurists at St. Louis. In the same year, the Yale University conferred on him the degree of Doctor of Laws (honoris causa). He received the same honor from the University of the Philippines in 1914.
On 23 December 1920, Arellano passed away, leaving his wife, Rosa Berna, and their only daughter, Asuncion.
Cadastral Proceeding. A quasi-judicial or administrative proceeding which involves the identification of various lots embraced in a survey and adjudication of their titles, usually undertaken at the initiative of the Land Registration Authority or Bureau of Lands.
Cadastral System. The system of identifying and adjudicating disputes involving ownership or possession of lands in a given area or municipality for the purpose of quieting titles therein and their incorporation into the Torrens system.
Calibrated Preemptive Response. A catchphrase, called CPR for short, pertaining to a court-nullified crowd dispersal enforcement policy which is characterized by a measured response by the military, police and other law enforcement authorities to break up an unlawful public assembly or rally depending on the extent of provocation or disorderly behavior demonstrated by its participants. (KMP vs. ERmita, GR 169838)
Capacity to Act. The power to do acts with legal effect, e.g., to enter into contract or to sue, usually associated with a person who is 18 years old—the age of majority—or over. It is acquired and may be lost. (Art. 37, Civil Code)
Capital Assets. Property held by the taxpayer whether or not connected with his trade or business. (Sec. 39, National Internal Revenue Code of 1997)
Capital Gains Tax. A tax on the gain or profit from the sale of the taxpayer’s property forming part of his capital assets.
Capital Offense. An offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished with death. (Sec. 6, Rule 114)
Capital Punishment. The penalty of death. Note that the Death Penalty Law, RA 7659, has already been repealed. (People vs. Quiachon, GR 170276, Aug. 31, 2006)
Capital Stock. The capitalization of a corporation which is expressed in a specified number of shares or certificates of stock that will be subscribed to and paid for conformably with its by-laws.
Caram Rule. Under the 1935 Constitution, those born in the Philippines of foreign parent, who before the adoption of the Constitution had been elected to public office in the Philippines, are considered Filipino citizens.
Carnal Knowledge. A legal euphemism for illicit sexual intercourse perpetrated against a woman’s will. It is legalese for sexual intercourse involving rape or seduction.
Carnapping. The taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things. (Sec. 2, RA 6539, Anti-Carnapping Act of 1972)
Cartel. Any combination of or agreement between two or more persons engaged in the production, manufacture, processing, storage, supply, distribution, marketing, sale or disposition of any basic necessity or prime commodity designed to artificially and unreasonably increase or manipulate its price. (RA 7581, The Price Act)
Case at Bar. The case being tried by the trial court in the exercise of its jurisdiction, i.e., the case that is currently the subject of a particular trial or judicial proceeding.
Case at Bench. The case being heard before an appellate court.
Castration. See Mutilation.
Casual Employee. A person who has been engaged to perform activities which are peripheral or incidental to the usual business or trade of the employer, except that is such service has lasted for at least one year, whether it is continuous or broken, he is to be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. (Art. 280, Labor Code)
Cassus Omissus. A principle in statutory construction which means that a person or thing omitted from an enumeration must be deemed to have been omitted intentionally. This is to be differentiated from ejusdem generic.
Cattle-rustling. The unlawful act of taking away by any means, method or scheme, without the consent of the owner or raiser, of any of the animals classified as large cattle, whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. (PD 533, Anti-cattle Rustling Law of 1974)
Cause of Action. An act or omission of the defendant in violation of the legal right of the plaintiff giving him the ground to file suit. (Sec. 2, Rule 2; Barcelona vs. CA, 412 SCRA 41)
Caveat Emptor. A Latin term that is applicable to the law of sales which translates into “buyer beware.”
Certificate of Public Convenience. An authorization granted by the LTFRB for the operation of land transportation services for public use.
Certification Election. An election contest between two or more legitimate labor organizations in an establishment to determine which among them represents the majority of the members in an appropriate bargaining unit for the purpose of collective bargaining with their employer, as well as representation of the members therof in labor-management activities. (Art. 231, Labor Code)
Certiorari. A special civil action brought by an aggrieved party against a tribunal, board or officer exercising judicial or quasi-judicial functions to determine whether it has acted without or in excess or in excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law for the purpose of annulling or modifying the proceedings of such tribunal, board or officer and granting such reliefs as law and justice may require. (Sec. 1, Rule 65)
Cestui Que Trust. The beneficiary for which a trust is created.
Chain Distribution Plan. See Pyramid Sales Scheme.
Chambers. The term which is used to describe the private offices of a Justice or judge, entry to which is normally restricted.
Champertous Contract. An agreement that is deemed void being against public policy and professional legal ethics whereby a lawyer agrees to prosecute at his own expense the recovery of a thing or property for a litigant who agrees to share with him a portion or pay him an amount corresponding to a percentage of the value of the thing or property thus recovered or won in the suit. It is akin to instigating a claimant to file suit with the lawyer advancing the costs of suit in return for substantial fee if successful. See Contingent Fee Agreement.
Charter Party. A maritime contract by virtue of which the owner or the agent of a vessel binds himself to transport merchandise or persons for a fixed price. It is also a contract by which an entire ship, or some principal part thereof, is leased by the owner to another person for a specified time or use.
Chattel Mortgage. A conditional sale of property which is recorded in the Chattel Mortgage Register as security for the payment of a debt or the performance of an obligation. Note that if the movable, instead of being recorded, is delivered to the creditors or third person, the contract is a pledge and not a chattel mortgage. (Art. 2140, Civil Code; Sec. 3 Act 1508, Chattel Mortgage Law)
Check. A bill of exchange drawn that is payable on demand signed by the maker or drawer, containing an unconditional promise to pay a sum certain to order or to bearer. (Sec. 185, Act 2031, Negotiable Instruments Law)
Check-off. It is an accounting device whereby the employer, on agreement with the union, or upon prior authorization from its employees, deducts union dues or agency fees from the latter’s salaries and remits them directly to the union.
Checks and Balances Doctrine. A political doctrine which complements the separation of powers doctrine underlying our system of government by which the three branches of government “check” one another against abusing or misusing their respective powers under the Constitution. Thus, the President can veto legislation. Congress must approve executive appointments. The courts, whose members are appointed by the President, can nullify grave abuse of executive power and invalidate laws for violating the limits of their respective Constitutional powers and prerogatives.
Child Abuse. Any physical, psychological, or sexual abuse, and criminal neglect which leads to the infliction of physical or psychological injury, cruelty to, or neglect, sexual abuse, or exploitation of a child, i.e., a person below 18 years of age, or even older if that person is incapable of taking care of himself fully because of a physical or mental disability, or of protecting himself from abuse. (Secs. 2(a) and 2(b), RA 7610, Child Abuse Act)
Child Prostitute. A male or female, under 18 years of age, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse or lascivious conduct. (Sec. 5, RA 7610, Child Abuse Act)
Child Trafficking. The prohibited act of engaging in trading and dealing with children, including the act of buying and selling of a child for money, of for any other consideration, or barter. It is classified as a grave felony punishable by reclusion perpetua. If the victim is under 12 years of age, the maximum penalty is to be imposed.
Child Witness. Any person who is below the age of 18 at the time of giving testimony. He may be over 18 years old if found by the court to be unable to fully take care of himself or protect himself from abuse or exploitation. In child abuse cases, however, the child may be more than 18 years old but is found by the court as unable to take care of himself or protect himself from abuse because of a physical or mental disability or condition. (Sec. 4(a), Rule on Examination of a Child Witness)
Child-caring Agency. A duly licensed and accredited agency by the DSWD that provides 24-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children. (Sec. 3(i), RA 8552, Domestic Adoption Act of 1998)
Child-placing Agency. A duly licensed and accredited agency by the DSWD to provide comprehensive child welfare services, including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents and preparing the adoption home study. (Sec. 3(h), RA 8552, Domestic Adoption Act of 1998)
Child at Risk. Refers to child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, e.g., being exploited sexually or economically, being a gang member, being out of school, etc. (Sec. 4(d), RA 9344, Juvenile Justice and Welfare Act of 2006)
Chose in Action. The instrument evidencing the right to sue for money or property, e.g., a promissory note. A legal claim or cause of action that can translate into a lawsuit.
Circumstantial Evidence. Evidence which indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. It constitutes a combination of circumstances that is sufficient to overcome the presumption of innocence in criminal cases that can lead to conviction beyond reasonable doubt, i.e., there is more than one circumstance inferred from facts which are proven. (Sec. 4, Rule 133; People vs. Cuenca, 375 SCRA 119)
Citizenship. Membership in a political community which is personal and more or less permanent in character.
Civil Action. A suit filed by one party against another for the enforcement or protection of a right, or the prevention or redress of a wrong. (Sec. 3(a), Rule 1)
Civil Aspect. A reference to the pecuniary liabilities, i.e., damages, of the defendant in a criminal case which are deemed subsumed therein. See Civil Liability.
Civil Contempt. Contempt of court is committed by a party who falls or neglects to do something ordered by the court or judge for the benefit of the opposing party. People vs. Godoy, 243 SCRA 64.
Civil Fruits. Income derived from the rents of buildings, the price of leases of lands and other property, and the amount of perpetual or life annuities or other similar income. (Art. 442, Civil Code)
Civil Interdiction. An accessory penalty which has the effect of depriving the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any conveyance inter vivos. (Art. 34, RPC)
Civil Law. That branch of law, based on Roman law, that governs the relations between and among persons, as regulated by the State, for the protection of private interests. The Civil Code of the Philippines is a codification of such law.
Civil Liability. Generally, refers to the monetization of the claims arising out of a criminal act which consists of restitution, reparation, and indemnification for consequential damages. See Civil Aspect.
Civil Liberty. The catch-all term which embraces all the freedoms and civil rights enumerated under the bill of rights of the Constitution
Civil Obligation. An obligation that gives a right of action to compel performance, as opposed to a natural obligation. (Art. 1423, Civil Code)
Civil Register. The official record or repository for entering the civil status of persons, involving births, deaths, marriages, annulments of marriages, adoptions, legitimizations, acknowledgments of natural children, naturalizations, or changes of names. (Act 3753, Civil Register Law; Art. 407, Civil Code)
Civil Right. A right accorded every citizen or resident of the Philippines by law or constitutional fiat.
Class Suit. An action filed on behalf of many persons so numerous that it is impracticable to join all as parties, brought by a representative number of them who sue for the benefit of all concerning a controversy that is one of common or general interest to them all. Also referred to as a representative suit, it is an action brought for the benefit of all persons in the class. Its main requisites are (a) the subject matter of the controversy is one of common or general interest to the persons represented; (b) the parties affected are so numerous that is impracticable to bring them all before the court; and (c) the parties bringing the class suit are sufficiently numerous or representative of the class. (Sec. 12, Rule 3). See Derivative Suit.
Clean Hands Doctrine. A legal principle grounded on equity which says that a complainant or plaintiff seeking relief in the courts must not himself be guilty in the matter subject of his claim.
Clear and Present Danger Rule. When words are used in such circumstance and of such nature as to create a clear and present danger that will bring about substantive evil that State has right to prevent (Schenck v. U.S., 249 US 97); clear – causal connection with the danger of the substantive evil arising from the utterance questioned; and present – time element, identified with imminent and immediate danger; the danger must not only be probable, but very likely inevitable (Gonzales v. Comelec, 27 SCRA 835).
Close Corporation. A corporation comprising not more than 20 stockholders whose shares are not generally traded publicly and whose management is vested in the stockholders themselves. The late Justice Jose C. Campos characterized such a corporation as a “de facto partnership with a corporate shell.” (Sec. 96, BP 68, Corporation Code)
Closed-Shop. A union security clause in a collective bargaining agreement that requires membership in the union as a condition of continuous employment.
Closing-Out Sale. A consumer sale wherein the seller uses the announcement to create the impression the be is willing to give large discounts on merchandise to reduce, dispose or close out his inventory and business. (Sec. 4(1), RA 7394, Consumer Act of the Philippines)
Cloud on Title. A term which denotes an outstanding instrument, record, claim, encumbrance or proceeding which is actually invalid or inoperative, but which may, nevertheless, impair or affect injuriously the title to property
Codicil. A supplement or addition to a will, made after its execution and annexed to e taken as part thereof, by which any disposition made in the original will is explained, added to or altered. (Art. 825, Civil Code)
Cohibit. To live or dwell together as husband and wife without the benefit of marriage
Cohabitation. The public assumption by a man and woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such. Also Live-in Relationship.
Coitus. Legalese for sexual intercourse. See also Carnal Knowledge.
Collateral Estoppel. See Conclusiveness of Judgement.
Collation. A term in the law of inheritance, it refers to the act by virtue of which descendants or other compulsory heirs who intervene in the division of the inheritance of an ascendant bring into the common mass the property which they received from him through donation or by gratuitous title so that the division may be made according to law and the will of the testator. (Vizconde vs. CA, 286 SCRA 217)
Collective Bargaining. The performance of a mutual obligation to meet and convince promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions arising under such agreement and executing a CBA incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession. (Art. 252, Labor Code)
Collective Bargaining Agreement (CBA). A contract executed upon request of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjust grievances or questions arising under such agreement. (Rivera vs. Espiritu, 374 SCRA 351)
Collective Bargaining Unit (CBU). A group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. As such, it can qualify as a labor organization and its members can form a union.
Collision. A term in maritime law which refers to two moving vessels which crash into each other.
Colorable Imitation. An act of infringement of a registered mark and a form of unfair competition whereby an article is made to look or sound like the real thing when it is not. (Sec. 155, RA 8923, The Intellectual Property Code)
Combination in Restraint of Trade. A conspiratorial contract or an agreement which is designed to prevent free competition in the market through artificial means or resort to any artifice, such as spreading false rumors, to stifle lawful commerce. (Art. 186, RPC)
Comity or Comitas Gentium. A principle in public international law which recognized and requires reciprocal gestures of courtesies among sovereign states concerning one another’s actions based on customs duties of personal article belonging to diplomats in a country’s jurisdiction, or lifting of visa restrictions for short periods of stay.
Commercial Arbitration. An arbitration that covers any matter arising from all relations of a commercial nature, whether contractual or not. (Sec. 3(g), RA 9285, Alternative Dispute Resolution Act of 2004)
Commercial Farms. Private agricultural lands which are devoted to commercial livestock, poultry and swine raising, and aquaculture including saltbeds, fishponds and prawn ponds, fruit orchards, vegetable and cutflower farms, and cacao, coffee and rubber plantations. Note that these commercial farms are also subject to government acquisition upon payment of just compensation under the agrarian reform program. (Sect. 11, RA 6657, Comprehensive Agrarian Reform Law)
Commodatum. A contract of loan characterized by the delivery of a non-consumable thing to another for the latter’s use for a certain time with the obligation to return to it. Note that this contract is essentially gratuitous with the ownership of the thing lent remaining with the lender.
Common Carrier. A person, association, firm or corporation engaged in the business of carrying or transporting passengers or goods or both, by land, water or air transportation, offering its services to the public. (Art. 1732, Civil Code)
Common Law. The system of jurisprudence, which originated from England, that evolved from case law or judicial precedents rather than legislative enactments from which legal rules are derived and enforced. Thus, the phrase of common law denotes the implementation of a law that is not derived from statute.
Common Law Marriage. Usually referred to as Live-in Relationship, a union of two people who agree to live together as man and wife without the benefit of legal or formal ceremony. See Cohabitation.
Common Reputation. Reputation that has been in existence previous to the controversy concerning facts of public or general interest that are more than 30 years old, or respecting marriage or moral character, that may be admissible in evidence. Note that monuments and inscriptions in public places may be received as evidence of common reputation. (Sec. 41, Rule 130)
Common Stock. A stock which represents the residual ownership interest in the corporation, a basic class of stock ordinarily and usually issued without extraordinary rights or privileges that entitles the shareholders to only a pro rata division of profits.
Communal Forest. A tract of land set aside by the government for the use of the residents of a municipality from which said residents may cut, collect and remove forest products for their personal use conformably with existing laws and regulations.
Community of Property. All the property owned by the spouses at the time of the celebration of their marriage or acquire thereafter. (Art. 8 and 91, Family Code)
Company Union. An illegitimate labor organization that is dominated or controlled by the employer. Note that the employer can be held culpable for unfair labor practice for fomenting or organizing such a union. (Art. 212(i), Labor Code)
Compenable Illness. Any illness which is definitely accepted as an occupational disease listed by the Employees’ Compensation Commission or any illness caused or aggravated by employment subject to proof by the employee that the risk of contracting the same is increased by the conditions in the workplace. (Bonilla vs. CA, 340 SCRA 760)
Compensatory Damages. See Actual Damages.
Complaint. Generally, it is the pleading which alleges the plaintiff ‘s causes of action. The names and addresses of the plaintiff and defendant must be stated in the complaint. In criminal law, it refers to the sworn written statement charging a person with an offense. (Sec. 3, Rule 6 and Sec. 3, Rule 110)
Completeness test. The law must be complete in all essential terms and conditions so that there is nothing for delegate to do except enforce it.
Complex Crime. A single criminal act resulting in the commission of two or more grave or less grave felonies, or when offense is a necessary means for committing the other. Note that in such cases, the penalty for the more serious crime shall be imposed in its maximum period. (Art. 48, RPC, amended by Act 4000)
Composition in Insolvency. An agreement whereby the creditors of an insolvent agree accept a certain percentage of their claims in full settlement of such claims. It is method of dividing the estate of the insolvent among his creditors. (Sec. 63, Act 1956, The Insolvency Act)
Compressed Work Week. An energy-saving labor productivity scheme which provides for an alternative arrangement whereby the normal workweek is reduced to less than six days but the total number of normal work hours per week shall remain at 40 or 48 hours, as the case may be. The normal workday is increased to more that eight hours without corresponding overtime premium. This scheme can be adjusted accordingly in cases where the normal workweek of the firm is five days. (Department Advisory No. 22 (DOLE), series of 2004, Implementation of Compressed Workweek Schemes)
Compromise. A contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced. (Art. 2028, Civil Code)
Compulsory Arbitration. The quasi-judicial process of settling labor disputes by the NLRC initially through the labor arbiters, or through the certification of a labor dispute by the Secretary of the DOLE when it affects an industry indispensable to the national interest.
Compulsory Counterclaim. One which, being cognizable by the regular courts, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Note that it must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the regional trial court, the counterclaim may be considered compulsory regardless of the amount. (Sec. 7, Rule 7)
Compulsory Heir. A forced heir, i.e., an heir for whom the law has reserved a part of the testator’s property which he cannot dispose of. The surviving spouse and children are examples of compulsory heirs. (Arts. 886 and 887, Civil code)
Conclusive Presumption. An assertion of a fact that is deemed to be true without the need further proof. (Sec. 2, Rule 131)
Conclusiveness of Judgment. A doctrine stating that a fact or question which in issue in a former suit and that was judicially passed upon and determined by a court of competent jurisdiction conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are concerned, and cannot again be litigated in any future action between such parties or their privies in the same court or any other of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. (Cayana vs. CA, 426 SCRA 10 Oropesa Marketing Corporation vs. Allied Bank, 393 SCRA 278)
Concubinage. An offense committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse with a woman who is not his wife under scandalous circumstances, or who cohabits with her in any other place. (Art. 334, RPC)
Concurrence of Credits. This situation occurs, usually in an insolvency proceeding, when the same specific property of the debtor or all of his property is being claimed by several creditors.
Condition Precedent. Or Conditio Sine Qua Non, an indispensable requirement without which a thing or matter cannot proceed to fruition or completion.
Comdominium. An interest in real property consisting of a separate interest in a unit in a residential , industrial or commercial building, and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. (Sec. 2, RA 4726, Condominium Act)
Conduct Unbecoming. A term that is applied to a broad range of transgressions of rules not only of social behavior but of ethical practice or logical procedure or prescribed method. (Zacarias vs. NAPOLCOM, 414 SCRA 387)
Confession. The declaration of an accused acknowledgment his guilt of the offense charged, or of any offense necessarily included therein. It can be used against him in evidence. (Sec. 33, Rule 130)
Confession and Avoidance. An answer or a pleading filed by party who, while admitting the allegations against him, either expressly or by implication, asserts matters or facts which render the “confession” ineffective, excusable inadmissible or void.
Conflict of Interest. A situation which arises when a public official or employer is a member of a board, or a substantial stockholder of a private corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. For example, a public official or employee should not have any financial or material interest in any transaction which requires the approval of his office. (Sec. 3(i) and Sec. 7(a), RA 6713,Code of Conduct and Ethical Standards for Public Officials and Employees)
Conjugal Partnership of Gains. A marriage settlement whereby both husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. The net gains or benefits obtained by either or both spouses shall be divided equally between them upon the dissolution of the marriage, unless otherwise agreed in the marriage settlements. (Art. 106, Family Code)
Conjugal Property. See Conjugal Partnership of Gains. Note that under Art. 106 of the Family Code, all property acquired during the marriage is presumed to be conjugal.
Consent. In contract law, is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. Note that a qualified acceptance constitutes a conter-offer. (Art. 1319, Civil Code
Consent Judgment. A compromise agreement between the parties to end further litigation by having the same force and effect as a judgment by the court. Thus, once approved, it has the force of res judicata with respect to the contentious issues in the case. Such a judgment, as a rule, is immediately executory. (Del Rosario vs. Madayag and Leviste, 247 SCRA 767; Central Bank vs. CA, 61 SCRA 348; Pasay City vs. Manila, 132 SCRA 156)
Consented Abduction. The abduction of a virgin over 12 and under 18 years of age, carried out with her consent but with lewd designs by the abductor. (Art. 343, RPC)
Consequential Damages. Damages caused by the injury which may not be evident at the time when the injury was actually inflicted or caused, such as loss of income. Note that civil liability may arise in such a case for which restitution or indemnification may be exacted. (Art. 104, RPC)
Consignation. The act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment. It generally requires a prior tender of payment. (Heirs of Luis Bucus vs. CA, 371 SCRA 295)
Consignment. A mode of distribution through a dealer or agency, that is, the consignee, which ordinarily does not involve the transfer of title to the goods since they may be returned if unsold. For example, the sale of newspapers and magazines to a news dealer who will distribute or re-sell them but subject to the return of unsold copies.
Consolidation. A process by which two or more corporations unite to form a new single corporation. (Sec. 76, BP 68, Corporation Code)
Conspiracy. It exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Note that conspiracy by itself is not a crime unless there is a specific provision of law making it so, such as treason, rebellion, or sedition. It may, however, aggravate or qualify a felony.
Constituent Assembly. Refers to the Senate and the House of Representatives when they sit down together to propose any amendment to, or revision of the Constitution, upon a vote of three-fourths of all its Members. (Sec. 1, Art. XVII, Constitution)
Constitution. The document which serves as the fundamental law of the state. (V. Sinco, Philippine Political Law, 11th ed., p.68-70); that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Malcolm, Philippine Constitutional Law, p.6).
Construction Dispute. A dispute between or among the parties in a construction project. If there is agreement to arbitrate such a dispute, the governing law is EO 1008, otherwise known as the Construction Industry Arbitration Law.
Constructive Contempt. A form of indirect contempt, i.e., one committed outside the court’s presence but which tends to belittle, degrade, obstruct, interrupt or embarrass the court which is tantamount to a misbehavior in the presence of or so near a court or judge as to interrupt the administration of justice. (Delima vs. Gallardo, 77 SCRA 2886)
Constructive Delivery. A general term comprehending all those acts which, although not conferring physical possession of the thing, have been legally interpreted as equivalent to acts of real delivery. A good example is the giving of the key to the house as constructive delivery of the house from the seller to the buyer. (Banawa vs. Mirano, 97 SCRA 517)
Constructive Dismissal. The “resignation” of an employee who is considered to do so because of an act of clear discrimination, or disdain by an employer which becomes so unbearable that the employee is left with no choice but to forego his continued employment. It also refers to an ostensibly lawful act by the employer which, in fact, translates into unbearable condition for the employee leaving him no option but to forego his employment, e.g., unfair demotion, geographical transfer, or an undesirable change of functions or duties, or acts of clear discrimination. (PESR vs. Paramio, 427 SCRA 732; Philamgen vs. Gremaje, 442 SCRA 274)
Constructive Fraud. The unintentional commission or omission of an act that is legally required which results in damage or injury to another. An example is when a debtor transfers his assets impairing the rights of his creditors, that conveyance can be set aside even if the debtor did not intend to prejudice his creditors’ rights in the premises.
Constructive Notice. Notice that is presumed by law to have been communicated to the party concerned and ought to be known by him regardless that it has not been personally or actually served. Notice by publication in a newspaper of general circulation is an instance where the party concerned is considered as having been notified by fiction of law.
Constructive Service. The delivery of a pleading or notice that is considered to have been legally served on its intended recipient even if not actually received in person by him. It is also known as substituted service which can be done by registered mail or publication in a newspaper of general circulation.
Consumer. A natural person who is a purchaser, lessee, recipient or prospective purchaser, lessor or recipient of consumer products, services or credit. (Sec. 4(n), RA 7394, Consumer Act)
Consumer Credit. A credit extended by a creditor to a consumer for the sale or lease of any consumer product or service, under which part or all of the price or payment, therefore, is payable at some future time, whether in full or in installments. (Sec. 4(o),RA 7394, Consumer Act)
Consumer Loan. A loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. (Sec. 4(p), RA 7394, Consumer Act)
Consumer Products and Services. Goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices. (Sec. 4(q), RA 7394, Consumer Act)
Consummated Felony. A felony or a crime is deemed consummated when all the elements necessary for its execution and accomplishment are present. (Art. 6, RPC)
Contempt of Court. It is a defiance of the authority, justice or dignity of the court—such conduct as tends to bring the authority and administration of the law into disrespect of, to interfere with, or prejudice parties litigant or their witnesses during litigation. It signifies not only a willful disregard or disobedience to the court’s order but such conduct which tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the administration of justice. (Halili vs. Court of Industrial Relations, 136 SCRA 112)
Contiguous Zone. Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.
Continental Shelf. The seabed and subsoil of the submarine areas that extend beyond a coastal state’s territorial sea throughout the natural prolongation of its land territory.
Contingent Fee Agreement. A no recovery, no fee agreement between a lawyer and a client, i.e., if the lawyer wins his case, he acquires a right to whatever amount stipulated between him and his client. See also Champertous Contract.
Continuing Crime. A single crime which results from a plurality or series of the same or related felonious acts over a period of time, characterized by a unity of criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim. An example is illegal recruitment or a pyramiding scheme which are crimes designed to victimize as many people as possible, or a theft of two items belonging to different owners. This is also referred to as Delito Continuado.
Continuing Guaranty. One which covers all transactions, including those arising in the future, which are within the description or contemplation of the contract of guaranty, until the expiration or termination thereof. (SBTC vs. Cuenca, 341 SCRA 781)
Continuous Easement. An easement the use of which is or may be incessant, without the intervention of any act of man. (Art. 651, Civil Code)
Contract. A meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or render some service. Note that there is no contract unless the following requisites concur: (a) consent; (b) subject matter; and (c) cause of the obligation. (Arts. 1305 and 1318, Civil Code)
Contract of Sale. An agreement whereby one of the contracting parties obligates himself to sell the property exclusively to the buyer upon fulfillment of the terms previously agreed upon. In the meantime, he retains ownership of the subject matter—even if is should already have been delivered to the prospective buyer.
Contract-Add-and-Operate. A contractual arrangement whereby the project proponent adds to an existing infrastructure facility which it is renting from the government. It operates the expanded project over an agreement franchise period. There may or may not be a transfer arrangement in regard to the facility. (Sec. 2(g), RA 7718, Build-Operate-Transfer Law)
Contract Bar Rule. The period during which the majority status of the incumbent bargaining agent may not be questioned or subjected to a certification election. (Art. 253-A, Labor Code). See Freedom Period.
Contractor. A person who, in the pursuit of his independent business, undertakes to do a specific job or piece of work for other persons, using his own means and methods without submitting himself to control as to the petty details. The true test of a contractor is that he renders service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished. (Sec. 191, NIRC; CIR vs. CTA, 134 SCRA 49)
Contributory Negligence. A mitigating circumstance in criminal prosecutions for negligence where it can be shown that the injury or damage suffered by the offended party was caused in part by his own failure to observe the necessary precaution.
Conventional Redemption. This takes place when the vendor reserves the right to repurchase the thing sold, with the obligation to return the price of the sale, the expenses of the contract and other necessary and useful expenses made on the thing sold by the vendee. (Arts. 1601 and 1616, Civil Code)
Cooling-off Period. In labor law, the period of time that both parties to a labor dispute must observe before carrying out a strike or imposing a lockout to afford each contending party more time to arrive at a mutually acceptable solution to their problem; the required number of days that must elapse between the filing of the notice to strike and 30 days in the case of an economic strike, for the purpose of allowing tempers to cool down and to give a chance for reconciliation and mediation work.
Co-ownership. One’s proprietary interest or share of an undivided thing or right that belongs to different persons. (Art. 484, Civil Code)
Copyright. The exclusive right to publish and reproduce, and to sell, license or otherwise exploit, a literary, artistic or other work of the mind. (Sec. 4.1, RA 8923, Intellectual Property Code)
Corporal Punishment. Any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine.
Corporate Farms. Agricultural lands devoted to farming which are owned or operated by private corporations or other business associations.
Corporate Rehabilitation. A summary and non-adversarial judicial proceeding in rem by which a debtor corporation suffering from financial difficulties that can lead to its insolvency or bankruptcy, or its creditors holding at least 25 percent of its liabilities, may petition the court having jurisdiction for the distressed corporation to be afforded the opportunity to rehabilitate itself financially so that it can liquidate or pay off its debts and obligations. In other words, it refers to an administrative or judicial process denoting a continuance of corporate life and activities in an effort to restore and reinstate the corporation to its former position of successful operation and solvency. (AM 00-8-10-SC, Dec. 15, 2000; Ruby Industrial Corporation vs. CA, 284 SCRA 445)
Corporation. An artificial being created by operation of law, having the rights of succession and the powers, attributes, and properties expressly authorized by law or incident of its existence. (Sec. 2, BP 68, Corporate Code)
Corporation by Estoppel. An association that passes itself off as a corporation, its members knowing that it does not have the authority to act like one. Its members will be exposed to liability as general partners for all debts, liabilities, and damages arising as a result thereof, and they cannot interpose the lack of a corporate personality as a defense precisely for that reason.
Corporation Sole. A corporation formed by the chief or head of a religious denomination for the purpose of administering and managing as trustee, its affairs, property and temporalities. (Sec. 110, BP 68, Corporation Code)
Corporators. The persons who compose a compose a corporation, whether as stockholder or members.
Corpus Delicti. A Latin term which refers to “the body of the crime,” i.e., the facts constituting or proving the commission of an offense.
Corrective Damages. Amount of monetary compensation that is imposed by the court by way of example or correction for the public good, in addition to the moral, temperate, liquidated or actual damages. It is also known as exemplary damages. (Art. 2229, Civil Code)
Corruption of Minors. A crime committed by any person who promotes or facilitates the prostitution or corruption of persons under age to satisfy the lust of another, i.e., the act of “pimping” minors. (Art. 340, RPC; Sec. 5, RA 7610, Child Abuse Law)
Corruption of Public Officials. A crime committed by any person who shall have made the offers or promises or given the gifts or presents in acts constituting bribery in any of its forms. (Art. 212, RPC)
Costs of Suit. In law, they comprise the fees and indemnities in the course of judicial proceedings, whether fixed or unalterable amounts previously determined by law or regulations in force, including those amounts which are not subject to schedule.
Counsel de Oficio. A lawyer appointed by the Court to render free legal assistance to an indigent litigant who cannot afford to pay for legal representation. It is in pursuance of the mandate under Sec. 11, Article III of the Constitution, which states: “Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.”
Counterclaim. Any claim for money or other relief which a defendant party may have against an opposing party. (Sec. 6, Rule 6)
Coup d’etat. A swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the government, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power. (Art. 134-A, RPC as amended by RA 6968)
Court-annexed Mediation. A process conducted under the auspices of the court, after such court has acquired jurisdiction of the dispute. (Sec. 3(1), RA 9285, Alternative Dispute Resolution Act of 2004)
Court-referred Mediation. A process where the parties to a pending case are directed by the court to submit their dispute to a neutral third party, called the mediator, who works with them to reach a settlement of their controversy resulting in a compromise agreement on the basis of which the court will render judgment. (Sec. 3(m), RA 9285, Alternative Dispute Resolution Act of 2004)
Craft. In criminal law, an aggravating circumstance characterized by trickery and cunning on the part of the offender in his commission of the offense. (People vs. Juliano, 95 SCRA 511; Art. 14(14), RPC)
Crime Syndicate. See Organizational Crime Group.
Criminal Action. A proceeding in court by which the State prosecutes a person for an act or omission punishable by law. (Sec. 3(b), Rule 1)
Criminal Contempt. Contempt of court that consists of conduct directed against the authority and dignity of a court or of a judge, as in unlawfully assailing or discrediting the authority and dignity of a court or a judge or in doing a forbidden act. (People vs. Godoy, 243 SCRA 64)
Criminal Jurisdiction. The authority to hear and try a particular offense and impose the punishment for it. (People vs. Mariano, 71 SCRA 600)
Criminal Law. That branch of law which defines crimes and criminals and provides for their punishment.
Criminal Liability. The liability incurred by a person who commits a felony even if the wrongful act done is different from what he intended, or when he performs an act which would be an offense against persons or property, were it not for inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. (Art. 4, RPC)
Cross Examination. Examination of the witness by the adverse party as to any matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. (Sec. 6, Rule 132)
Cross-claim. Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. (Sec. 8, Rule 6)
Crossed Check. A check that will not be encashed by the bank because by “crossing” it, the drawer is directing the bank to credit the amount of the check to the account of the payee only who, in turn, may withdraw said amount from his account.
Cruelty. As an aggravating circumstance, it means that the wrong done in the commission of the crime is deliberately augmented by causing another wrong which is not necessary for its commission, e.g., sadism or unnecessarily inflicting moral and physical pain. (Art. 14(21), RPc; People vs. Luna, 58 SCRA 198; People vs. Llamera, 51 SCRA 48)
Culpa Aquiliana. Civil liability arising from fault or negligence which usually results from the commission of a tortuous act or quasi-delict.
Culpa Contractual. Civil liability resulting from fault or negligence in the performance of a contractual obligation.
Curative Statute. A law that is enacted to cure defects in a prior law or to validate legal proceedings, instruments or acts of public authorities which would otherwise be void for want of conformity with certain existing legal requirements.
Currency. All Philippine notes and coins issued or circulating in accordance with RA 7653, the law creating the Bangko Sentral ng Pilipinas (BSP).
Custodia Legis. A Latin phrase which means “in the custody of the law”, that is, in the lawful and physical possession of a court or public officer in obedience to a judicial or administrative order.
Custodial Investigation. The investigation of a person who has been arrested or detained, or “invited” by law enforcement authorities to answer questions in connection with a crime he is suspected to have committed. This is the initial stage of a criminal investigation whereby the police or prosecutors is trying to determine whether or not there is probable cause or a prima facie case against the accused or person held in custody for the purpose of filing the necessary information or releasing the accused. The term custodial investigation includes the practice of issuing an “invitation” to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the “inviting” officer for any violation of law. This is also the stage during which a person arrested must be informed of his constitutional rights. (Rule 115; Sec. 2, RA 7438, Rights of Persons under Custodial Investigation). See Miranda Doctrine.
Bad Faith. It connotes a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of sworn duty through some motive or intent or ill will. (Llorente vs. Sandiganbayan, 287 SCRA 382)
Bail. Security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under conditions specified under the rules of court. (see Sec. 1, Rule 114, Revised Rules of Criminal Procedure).
Balancing of interest rule. When particular conduct is regulated in interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the 2 conflicting interests demands the greater protection under the particular circumstances presented (American Communications Association v. Douds, 339 US 282).
Band. A group of malefactors numbering more than three, it may be an aggravating circumstance when the members of the group shall have acted in concert in the commission of a crime. (Art. 14(6), RPC)
Bangalore Draft. The draft, agreed to by world jurists in a judicial conference held in Bangalore, India, and adopted as the model by the Supreme Court of the Philippines in promulgating the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for Court Personnel, both of which too effect on June 1, 2004. (AM No. 03-05-01-SC, April 27, 2005)
Bank. An entity engaged in the lending of funds obtained in the form of deposits. (Sec. 3, RA 8791, General Banking Law of 2000)
Bank Secrecy Law. Republic Act No. 1405, the law which mandates that deposits in banks, including investments in government bonds, are to be considered as absolutely confidential in nature. As such, they may not be inquired into except upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court. The purpose of the law is to encourage the people to deposit their money in the banks and discourage hoarding so that they can be made available as loans to contribute to the economic development of the country.
Bar. The collective reference to the profession of law comprising all the lawyers who have been admitted to the bar, taken their oath, and whose names appear in the Roll of Attorneys. (Garcia vs. De Vera, 418 SCRA 27)
Barangay. The basic unit of local government which serves as the primary planning and implementing unit of government policies and programs in the community, and acts as a forum wherein the collective views of the people may be expressed, and their disputes amicably settled. (Sec. 384, RA 7160, Local Government Code of 1991)
Bargainable Employee. Generally, it refers to a rank-and-file employee who belongs to an established collective bargaining unit.
Bargaining Representative. A legitimate labor organization or any officer or agent thereof, whether or not working for the employer, which speaks for and represents the members of that organization in its dealings with the employer, e.g., collective bargaining negotiations, grievance handling, etc. (Art. 212(j), Labor Code)
Barratry. Any willful misconduct by the master of a vessel in pursuance of some unlawful or fraudulent purpose without the consent of the owner and to the prejudice of the owner’s interest. (Roque vs Intermediate Appellate Court, 139 SCRA 596)
Basic Necessities. Under the law, is defined by enumerating what it embraces, namely, rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles, and drugs classified as essential by the Department of Health. (Sec. 3(1), RA 7581, The Price Act)
Battered Woman Syndrome. A defined pattern of psychological ad behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Those found by the courts to be suffering from this syndrome do not incur any criminal or civil liability, notwithstanding the absence of any of the elements to justify self-defense under the Revised Penal Code. (Sec. 3(D)(c) and Sec. 26, RA 9262; People vs. Genosa, 419 SCRA 537)
Battery. An act of inflicting physical harm upon the woman or her child resulting in physical and psychological or emotional distress. (Sec.3 (D)(b), RA 9262)
Bench Warrant. A common law term which ordinarily refers to a court order for the arrest of a person to compel his attendance in a hearing before the court, either as a witness who has ignored a duly issued subpoena, or a defendant charged with contempt of court.
Beneficial Owner. Any person who, directly or indirectly, through any contract arrangement, understanding, relationship or otherwise, possesses or shares voting power in regard of any security as to its investment disposition.
Beneficial Ownership. One that is recognized by law and capable of being enforced in the courts at the suit of the beneficial owner. Note that this is to be differentiated from naked ownership, which is the enjoyment of all the benefits and privileges of ownership, as against possession of the bare title of property.
Berry Rule. Criteria that must be observed before a new trial may be granted by the courts on the ground of newly discovered evidence. Thus, it must be shown (a) that the evidence was discovered after trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (c) that it is material, not merely cumulative, corroborative, or impeaching; and (d) the evidence is of such weight that it would probably change the judgment if admitted. (Gen. Luther Custodio vs. Sandiganbayan, 453 SCRA 24, citing Berry vs. State of Georgia, 10 GA 511 (1851))
Best Evidence Rule. The rule that the original document itself is the best evidence of what it contains. It is only when the original document cannot be produced that a secondary or other evidence of its contents may be adduced.
Best Interest of the Child. The totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. (Sec. 4(b), RA 9344, Juvenile Justice and Welfare Act of 2006)
Betting. A wager of money or article of value upon the result of any game, races and other sports contests. (Sec. 1(a), PD 483)
Bidding. In its comprehensive sense, it means making an offer or an invitation to prospective contractors whereby the government manifests its intention to make proposals for the purpose of procuring supplies, materials and equipment for official business or public use, or for public works or repair. (JG Summit vs. CA, 412 SCRA 10)
Bigamous Marriage. A marriage contracted by any person during the subsistence of a previous marriage and is, therefore, null and void. (Art. 41, Family Code)
Bigamy. The punishable act of any person who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. (Art. 349, RPC)
Bill of Attainder. A legislative act which inflicts punishment without judicial trial. It is against the Constitution to enact such a bill into law. (Sec. 22, Art. III, 1987 Constitution)
Bill of Exchange. An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or a fixed or determinable future time a sum certain in money to order or to bearer. (Sec. 126, Act 2031, The Negotiable Instruments Law)
Bill of Lading. The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight. (Art. 350, Code of Commerce)
Bill of Particulars. A motion by the adverse party for a more detailed statement of any matter which is not averred with sufficient definiteness or particular to enable him to prepare properly his responsive pleading. Such a detailed listing and explanation of the claims made by the plaintiff may b required by the court on its own or at the instance of the other party to the case. (Sec. 1, Rule 12)
Bill of Rights. A constitutional listing of the rights of citizens which defines the scope and extent of the State’s power to interfere with the exercise of those rights to the end that “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws,” among 21 other rights enumerated under Article III of the 1987 Constitution.
Blackmail. A crime of extortion committed by any person who threatens another to publish a libel concerning him or his parents, spouse, child, or other members of his family, or who offers to prevent the publication of such libel for a monetary consideration. (Art. 356, RPC)
Blanket Clause. See Dragnet Clause.
Boiler Room Sales. A price manipulation scheme in securities trading by the use of high-pressure sales tactics to promote purchases as sales of certain stocks.
BOT Scheme. An acronym which stands for build-operate-and-transfer scheme, it refers to a contractual arrangement with the government whereby the contractor undertakes the construction , including financing, of a given infrastructure facility, and the operation and maintenance thereof. It admits of variations, the most common of which is simply a build-and-transfer arrangement. (Sec. 2, RA 6957)
Bouncing Check. A check that is dishonored for encashment by a drawee bank upon presentment for the reason that the drawer does not have sufficient funds to cover the amount of the check. (Sec. 1, BP 22)
Boundary System. A system whereby the franchise holder of a jeepney or taxi rents out his vehicle for a fixed sum called the boundary to a driver-operator whose income thereon depends on his earnings in excess of the boundary. Its legality is deemed questionable.
Bribery. See Direct Bribery and Indirect Bribery.
Brief. A legal paper containing arguments and discussions usually concerning a contentious point of law under a certain set of facts and circumstances.
Brigand. A member in a gang of robbers comprising more than three armed persons who conspire to commit robbery in the highway, kidnapping for ransom, or for other purpose to be attained by means of force and violence. (Art. 306, RPC)
Brigandage. A grave felony committed by more than three armed persons who constitute themselves into a band of robbers for the purpose of committing robbery on the highway or kidnapping for ransom, or to attain any other purpose by means of force or violence. (Art. 306, RPC)
Broker. A person engaged in the business of buying and selling securities for the account of others. He is usually the middleman who ordinarily acts as an agent for both parties to a transaction, on a commission, negotiating contracts relative to the property with the custody of which he has no concern.
Build-and-Transfer. A contractual arrangement whereby the project proponent undertakes the financing and construction of a given infrastructure or development facility, and after its completion turns it over to the government agency or local government unit concerned, which shall pay the proponent on an agreed schedule the amount of its total investments expended on the project, plus a reasonable rate or return thereon. (Sec 2(c), RA 7718, Build-Operate-Transfer Law)
Builder in Good Faith. A person who builds, believing that the land he is building on belong to him, or that by some title he has the right to build thereon, and is ignorant of any defect or flaw in his title. (Art. 448, Civil Code; Rosales vs. Castelltort, 472 SCRA 144)
Bulk Buying. In realty law, it refers to purchase by a person, natural or juridical, of more than one saleable lot or unit within an HLURB-approved subdivision for the purpose of reselling the same with or without introducing alteration on the approved plan. (Sec. 1, HLURB Adm. Order No. 09, Series of 1994, pursuant to PD 957)
Burden of Evidence. The onus that the party must carry to overcome the weight of the evidence which has tilted against him. Thus, it may shift back and forth during the course of the trial depending on who is better able to sustain a prima facie case in his favor. On the other hand, the burden of proof remains from the first to the last upon the party whose task is to establish the truth of his allegation.
Burden of Proof. The duty of a party to present evidence on the facts in issue necessary to establish his claims or defense by the amount of evidence required by law. (Sec. 1, Rule 131)
Buy-Bust Operation. A form of entrapment sanctioned by law whereby ways and means are resorted to for the purpose of trapping and capturing law breakers in the execution of their criminal plan. (People vs. Zheng Hai Hai, 338 SCRA 420)
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH _______, MANILA
FIRST AFFAIRS, INC.,
- versus – CIVIL CASE NO. 12345
FIVE CLASS PRODUCTS
COMPANY, INC., ET AL.,
R E P L Y
COMES NOW plaintiff, by its undersigned attorneys, and by way of reply to defendants’ Answer, to this Honorable Court, respectfully states:
Defendant partner AAA did not negotiate with plaintiff company in June, 2008 but defendants BBB and/or the late CCC who tried to negotiate from time to time with plaintiff company;
Plaintiff did not agree verbally or in writing to accept the mortgaged properties of defendant partner BBB as full payment of the principal obligation contained in the promissory note subject matter of the complaint;
Plaintiff is not willing to accept the mortgaged propertied of defendant partner BBB in full satisfaction of the obligation of the defendants in the amount of P35,000.00;
There has been no novation of defendants’ obligation.
WHEREFORE, it is respectfully prayed that judgment be rendered according to the prayer of the complaint.
Manila, February 2011.
EEE, FFF, GGG and HHH
APOLINARIO B. BRAVO
Attorneys for the Plaintiff
Counsel for the Defendants
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH _______, MANILA
JUAN C. SANTOS,
- versus – CIVIL CASE NO._______
For: SUM OF MONEY
The Regional Trial Court of _______________ (name of court) to Judge or Tribunal having jurisdiction of Civil Cases at ________________ (name of foreign country);
WHEREAS, a certain suit is pending in the Regional Trial Court of ___________, in which JOSELITO PEREZ is the plaintiff and JOSELITO PEREZ is defendant, and it has been suggested to us that there are witnesses residing within your jurisdiction without whose testimony justice cannot completely be done between said parties.
WE, THEREFORE, request you that in furtherance of justice you will by the proper and usual process of your courts cause such witness (or witnesses) as shall be named or pointed out to you by the said parties or either of them (if witnesses are named, omit the last clause), to appear before you or some competent person by you for that purpose to be appointed and authorized at a precise time and place by you to be fixed and there to answer on their oaths and affirmations to the several interrogatories hereunto annexed; and that you will cause their depositions to be committed to writing and returned to us under cover duly closed and sealed up together with these presents. And we shall be ready and willing to do the same for you in a similar case when required.
CLERK, Regional Trial Court
Court of Manila
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This instrument, executed by and between:
JUAN DELA CRUZ, of legal age, single, and a resident of ___________________, herein represented by his Attorney-in-Fact, JOHN DELA CRUZ, of legal age and a resident of _______________________, and hereafter referred to as the VENDOR,
- and –
ROBERT REYES, Filipino, of legal age, single, a resident of ______________________, and hereafter referred as the VENDEE,
W I T N E S S E T H:
THAT, for and in consideration of the sum of One Million Pesos (P1,000,000.00) in hand paid to the VENDOR and receipt of which is hereby acknowledged, the VENDOR has sold, transferred and conveyed, and by these presents does hereby sell, transfer and convey, unto the VENDEE, that certain parcel of land with an area of 1,000 square meters, more or less, located in Sampaloc, Manila, covered by Transfer Certificate Title No. 12345 of the Register of Deeds of Manila, which is more particularly described as follows:
IN WITNESS WHEREOF, the parties hereto have signed these presents at Manila, this 18th day of February, 2011.
JUAN DELA CRUZ ROBERT REYES
JOHN DELA CRUZ
W I T N E S S E S:
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) S.S.
IN THE CITY OF MANILA, Philippines, personally appeared before me, Mr. JOHN DELA CRUZ, with Community Tax Certificate No.__________ issued at ___________________________________ on ______________, 2011 and Mr. JUAN DELA CRUZ, with Community Tax Certificate No. ____________ issued at _______________________________ on ______________, 2011, both of whom are personally known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their free and voluntary act and deed, and the free and voluntary act and deed of the principal whom Mr. JOHN DELA CRUZ represents.
I further certify that the foregoing instrument is a deed of sale of a parcel of land located in Sampaloc, Manila, and consists of _____ pages, including this page, and is signed on each and every page by the said parties and their instrumental witnesses.
WITNESS MY HAND AND SEAL.
My Commission expires on _____________
Commission No. ___________, Manila
Attorney’s Roll No. ______________
IBP Membership No. _____________
PTR O.R. No. __________, Manila, 20____
Doc. No. _________
Page No. _________
Book No. ________
Series of _________
Here’s another quiz, in Criminal Law, Remedial Law and Legal Ethics, composed of ten (10) questions. To get started, please click the box below. Passing grade is 80 percent. Don’t worry if you don’t get all the right answers on the first take; you can do the quiz again. Good luck! I hope you enjoy it.
- ARGUMENTATION AND DEBATE
- Arts and Culture
- Bar 2014
- Bar Exams 2012
- Bar Matters
- Bar Questions
- Civil Law
- Criminal Law
- Elections 2010
- Environmental Laws
- International Law
- Labor and Social Legislation
- Law Firms
- Law Schools
- Law Studies
- Laws and Issuances
- Legal Dictionary
- Legal Ethics
- Legal Forms
- Legal Philosophy
- Mercantile Law
- Political & Constitutional Law
- Remedial Law
- Review Centers