Posted by: Elmer Brabante | February 28, 2011

Legal Dictionary: Dac – Dyi

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)



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