Posted by: Elmer Brabante | February 21, 2011

Legal Dictionary: Bad – Buy

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)


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