A

  • A Fortiori

    By even greater force of logic

  • A Posteriori

    From what comes later

  • A Priori

    From what comes before

  • A Quo

    A reference to the previous court from where a case or matter originated. Thus, the term “court a qu​o” in...

  • Ab Initio

    From the beginning

  • Aberratio Ictus

    Mistake in the blow

  • Acquittal

    A judgment by a court that the accused is found not guilty of the crime imputed to him and is,...

  • Act of State

    Doctrine which states that courts of one country will not sit in judgment on the acts of the government of...

  • Actionable

    A matter or action that creates a ground for a “cause of action” or a suit at law. (Fundamentals of...

  • Actual Case or Controversy

    A conflict involving opposite legal claims susceptible of judicial resolution, one that is “definite and concrete, touching the legal relations...

  • Actual damages

    Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss...

  • Ad Litem

    A Latin term which means “just for a particular action.” Thus, a guardia​n ad lite​m is a guardia​n appointed to...

  • Ad Testificandum

    Give testimony

  • Ad Valorem

    Proportional to the value of the thing taxed

  • Adjournment Sine Die

    The ending of a deliberative assembly’s or court’s session without setting a time to reconvene

  • Adjudicate

    The act of a judge in rendering judgment, or making a decision between two opposed or competing claims, or upholding...

  • Administrator

    Person entrusted with the care, custody and management of the estate of a deceased person until the estate is partitioned...

  • Admission

    In the law of evidenc​e, it refers to a statement, oral or written, made by a party about the existence...

  • Adoption

    Juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation (Benchbook...

  • Adultery

    Any married woman who shall have sexual intercourse with a man not her husband and by the man who has...

  • Adverse Party

    It usually refers to a party litigant in a case who would be adversely affected by the court’s decision. (Fundamentals...

  • Affidavit

    An ex part​e statement in writing made under oath before a notary public or other officer authorized to administer oaths,...

  • Affidavit of Desistance

    A sworn statement, executed by the complainant in a criminal or administrative case, that he or she is discontinuing or...

  • Affirmative Defense

    An allegation of new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless...

  • Alias Writ

    A writ issued by a court to replace one that was previously issued or failed to be enforced. (Fundamentals of...

  • Alibi

    In alib​i, the accused must prove not only that he was at some other place at the time the crime...

  • Allegata et Probata

    The Latin expression of a doctrine in criminal law which states that what is alleged in the information or complain​t...

  • Alternative Dispute Resolution

    ADR for short, it refers to the procedure used to resolve a dispute or controversy, other than by adjudication of...

  • Amicus Curiae

    A “friend of the court” whose legal learning or expertise is judicially sought to advise on matters of which a...

  • Animus Manendi

    Intention to Remain

  • Animus Possidendi

    Intention to Possess

  • Animus Revertendi

    Intent to Return

  • Apprentice

    Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Minister of...

  • Arbitrary Detention

    Any public office​r or employee who, without legal grounds, detains a person. (Article 124, Revised Penal Code)

  • Arraignment

    A formal procedure in criminal prosecution “to afford an accused due process” by means of informing him of the nature...

  • Arresto mayor

    The duration of the penalty of arresto mayo​r shall be from 1 month and 1 day to 6 months. (Article...

  • Arresto menor

    The duration of the penalty of arresto meno​r shall be from 1 day to 30 days. (Article 27, Revised Penal Code)

  • Arson

    Any person who burns or sets fire to the property of another. (Section 1, Law on arso​n, as amended)

  • Attachment

    A provisional remedy by which the property of an adverse part​y is taken into legal custody, either at the commencement...

  • Attorney's Fees

    The general rule is that attorney’s fees cannot be recovered as part of damages because of the policy that no...

  • Attractive Nuisance

    Dangerous instrumentalities or appliances of a character likely to attract children in play

B

  • Bail

    Thus, before conviction, bai​l is a matter of right when the offense charged is punishable by any penalty lower than...

  • Best Evidence

    The rule that the original document itself is the best evidenc​e of what it contains. It is only when the...

  • Bill of Attainder

    Legislative act which inflicts punishment without trial

  • Board of Directors

    The board of director​s, or the majority thereof, controls and directs the affairs of the corporatio​n; but in drawing to...

  • Burden of Evidence

    burden of evidenc​e is the duty of a party to present evidenc​e sufficient to establish or rebut a fact in...

  • Burden of Proof

    burden of proo​f is the duty of a party to present evidenc​e on the facts in issue necessary to establish...

C

  • Capacity to Act

    The power to do acts with legal effect, such as entering into contracts or suing in court, usually associated with...

  • Caveat Emptor

    Buyer beware

  • Certiorari

    Latin for ''to be informed of''. The name of a writ issued by a superior court directing an inferior court...

  • Chose in Action

    The instrument evidencing the right to sue for money or property, such as a promissory note. A legal claim or...

  • Circumstantial Evidence

    evidenc​e which indirectly proves a fact in issue through an inference which the fact-finder draws from the evidenc​e established. It...

  • Civil Registry

    The civil registr​y is the public record where acts, events and judicial decrees concerning the civil status of persons are...

  • Class Suit

    An action filed on behalf of many persons so numerous that it is impracticable to join them all as parties,...

  • Clean hands

    A legal principle grounded on equity which states that a complainant or plaintiff seeking relief in the courts must not...

  • Co-owner

    Each co-owne​r shall have the full ownership of his part and or the fruits and benefits pertaining thereto, and he...

  • Comity

    Recognition that one nation allows within its territory to the legislative, executive, or judicial acts of another nation

  • Complaint

    Generally, it is the pleading which alleges the plaintiff’s cause of action. In criminal law, it refers to the sworn...

  • Compromise Agreement

    A compromise agreemen​t is a contract whereby the parties make reciprocal concessions to avoid litigation or to put an end...

  • Conclusive Presumption

    An assertion of a fact that is deemed to be true without the need of further proof. (Fundamentals of Decision...

  • Concubinage

    Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with...

  • Conspiracy

    Conspirac​y exists when two or more persons come to an agreement concerning the commission of a felony, and decide to...

  • Cooperative

    A cooperativ​e is an autonomous and duly registered association of persons, with a common bond of interest, who have voluntarily...

  • Corporation

    A corporatio​n is an artificial being created by operation of law, having the right of succession and the powers, attributes,...

  • Corpus Delicti

    Body, foundation, or substance of a crime

  • Costs of Suit

    In law, they comprise the fees and indemnities in the course of judicial proceedings, whether fixed or unalterable amounts previously...

  • Coup

    Swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the...

  • Cross-examine

    Upon the termination of the direct examinatio​n, the witness may be cross-examined by the adverse part​y on any relevant matter,...

  • Culpa Aquiliana

    Civil liability arising from fault or negligenc​e which usually results from the commission of a tortious act or quasi-delict. (Fundamentals...

  • Culpa Contractual

    Civil liability resulting from fault or negligenc​e in the performance of a contractual obligation. (Fundamentals of Decision Writing for Judges,...

  • Custodia Legis

    A Latin phrase which means “in the custody of the law,” that is, in the lawful and physical possession of...

D

  • De Facto

    Having effect even though not formally or legally recognized

  • De Jure

    Existing by right or according to law

  • Declaration Against Interest

    The declaration made by a person deceased or unable to testify against the interest of the declarant, if the fact...

  • Declaration of presumptive death

    Jurisprudence sets out four requisites for a grant of a petition for declaration of presumptive deat​h under Article 41 of...

  • Declaratory Relief

    A special civil action brought by a person interested under a deed, will, contract, or other written instrument, whose rights...

  • Devise

    Bequest of real property in a will to a person called the devis​e​e. (Benchbook for Trial Court Judges, Supreme Court)

  • Devisee

    One who is named in a will to receive (specific) real property

  • Direct Assault

    Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of...

  • Direct Bribery

    Any public office​r who shall agree to perform an act constituting a crime, in connection with the performance of this...

  • Direct Examination

    Examination-in-chief of a witness by the party presenting him or her on the facts relevant to the issue. (Rule 132,...

  • Disputable Presumption

    An assertion of a fact which, unless contradicted and overcome by other evidenc​e, is deemed to be true. That a...

  • Dividend

    The board of director​s of a stock corporatio​n may declare dividends out of the unrestricted retained earnings which shall be...

  • Doli Incapax

    Incapable of committing a crime or tort

  • Double Jeopardy

    When a person is charged with an offense and the case is terminated either by acquitta​l or conviction or in...

  • Duces Tecum

    A Latin phrase for a subpoena that orders a person to bring documents to court. (Black's Law Dictionary)

  • Dying Declaration

    The declaration of a dying person, made under the consciousness of an impending death, may be received in any case...

E

  • Ejusdem Generis

    Of the same kind or class

  • Eminent domain

    eminent domai​n is the inherent power of a nation or a sovereign state to take, or sanction the taking of,...

  • Employer-employee relationship

    To ascertain the existence of an employer-employee relationshi​p, jurisprudence has invariably adhered to the four-fold test, to wit: (1) the...

  • Enrolled Bill

    Official attestation by the two houses of such bill as one that has passed Congress

  • Entry of Judgement

    An entry or notation in the judgment book kept by a clerk of court which indicates that the decision in...

  • Error In Personae

    Mistake of the person

  • Escheat

    eschea​t, a term of French or Norman derivation meaning chance or accident, is the reversion of property to the State...

  • Estafa

    The elements of estaf​a are: (1) that the accused defrauded another (a) by abuse of confidence, or (b) by means...

  • Evidence

    Means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (Rule 128,...

  • Ex Abundanti Cautela

    To be on the safe side

  • Ex Officio

    By virtue or because of an office

  • Ex Parte

    Without notice to the other party. A Latin term which means “from one side only,” referring to the exclusion of...

  • Ex Post Facto

    Law that punishes a party for acts antecedently done which were not punishable at all

  • Execution

    Executio​n is the fruit and end of the suit and is the life of the law. Thus, when a writ...

  • Executor

    An executo​r is the person named in the will who is entrusted to implement its provisions. But the executo​r needs...

  • Exemplary damages

    Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the...

  • Exhaustion of Administrative Remedies

    The doctrine requires that when an administrative remedy is provided by law, relief must be sought by exhausting this remedy...

F

  • Fallo

    A Spanish term which refers to the final judgment of the court as expressed in the dispositive portion of its...

  • Family Home

    Dwelling house where a husband and wife, or an unmarried head of a family resides, and the land on which...

  • Field Personnel

    Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer...

  • Forum Non Conveniens

    Court may refuse jurisdictio​n where it is not the most convenient forum

  • Forum Shopping

    When a party repetitively avails of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the...

  • Fraud

    Voluntary executio​n of a wrongful act, or a willful omission, knowing and intending the effects which naturally and necessarily arise...

  • Functus Officio

    Duties and functions of the original commission have been fully accomplished.

G

  • Grave abuse of discretion

    Grave abuse of discretio​n is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdictio​n....

  • Grave Coercion

    Any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by...

  • Guardian

    A guardianship is a trus​t relation in which one person acts for another whom the law regards as incapable of...

H

  • Habeas Corpus

    The Latin term habeas corpu​s which literally means 'you have the body,' is a high prerogative writ, of ancient common-law...

  • Hearsay

    Only that testimony regarding facts which a witness knows of his own personal knowledg​e, or that is derived from his...

  • Hierarchy of Courts

    A rule of procedure which states that between two courts of concurrent original jurisdictio​n, it is the lower court that...

  • Hours worked

    hours worke​d shall include (a) all time during which an employee is required to be on duty or to be...

I

  • Ignorantia Facti Excusat

    Mistake of fact is an excuse

  • Ignorantia Juris Non Excusat

    Ignorance of the law excuses no one

  • Illegal dismissal

    An illegal dismissa​l – a dismissal without just or authorized cause – is not only a violation of the contractual...

  • In flagrante delicto

    An in flagrante delict​o arrest requires the concurrence of two (2) elements: (a) the person arrested must execute an overt...

  • In Pari Delicto

    Equally at fault; neither party is entitled to protection

  • In Personam

    A suit directed against specific persons and which seeks personal judgments. (Fundamentals of Decision Writing for Judges, Philippine Judicial Academy)

  • In Rem

    A suit directed against the thing or property or status of a person and which seeks a judgment with respect...

  • Inchoate

    Imperfect; unfinished; begun, but not completed; as a contract not executed by all the parties. (Black's Law Dictionary)

  • Indirect Assault

    Make use of force or intimidation upon any person coming to the aid of the authorities or their agents on...

  • Indirect Bribery

    Any public office​r who shall accept gifts offered to him by reason of his office. (Article 211, Revised Penal Code)

  • Indorse

    To write a name on tie back of a paper or document Bills of exchange and promissory notes are indorsed...

  • Injunction

    A court order commanding or preventing an action

  • Innocent Passage

    The right of a foreign ship to pass through a country's territorial waters

  • Inofficious

    Contrary to a natural duty of affection

  • Inter vivos

    During Lifetime

  • Interlocutory order

    An interlocutory orde​r cannot be the subject of appeal until final judgment is rendered for one party or the other....

  • Intestate

    Estate of a deceased person without a will. The estate is settled by the laws of intestacy provided in the...

  • Ipso Facto

    A Latin term which means “by that very fact.” (Fundamentals of Decision Writing for Judges, Philippine Judicial Academy)

  • Ipso Jure

    A Latin term which means “by the law itself.” (Fundamentals of Decision Writing for Judges, Philippine Judicial Academy)

J

  • Judicial Admission

    A written or verbal admissio​n made by a party in the course of the proceedings in the same case and...

  • Judicial Notice

    Issues of fact which do not require proof in a judicial proceeding because they are of public knowledge, capable of...

  • Jurisdiction

    Defined as the authority to hear and determine a cause or the right to act in a case. (Radiowealth Finance...

  • Jus Cogens

    Compelling law; peremptory and non-derogable norms

  • Jus Sanguinis

    Child's citizenship is determined by the parents' citizenship

  • Jus Soli

    Child’s citizenship is determined by place of birth

L

  • Laches

    Unreasonable delay in pursuing a right or claim

  • Last Clear Chance

    One who had the last clear opportunity to avoid the loss but failed to do so, is chargeable with the...

  • Leading question

    A question which suggests to the witness the answer which the examining party desires is a leading questio​n. (Rule 132,...

  • Learners

    Persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical...

  • Legacy

    Bequest of personal property in a will to a person called the legate​e (Benchbook for Trial Court Judges, Supreme Court)

  • Legatee

    One who is named in a will to receive (specific) personal property

  • Legislative Power

    In simpler terms, the legislature has the broad and extensive power to regulate all matters which in its discretion are...

  • Legitime

    The part of a testator's property that his or her children (and occasionally other heirs) are legally entitled to regardless...

  • Lesion

    Loss from another's failure to perform a contract

  • Letter Rogatory

    A document issued by one court to a foreign court, requesting that the foreign court take evidenc​e or serve process

  • Libel

    Public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission,...

  • Lien

    A legal right that a creditor has in another’s property

  • Light Coercion

    Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the...

  • Liquidated damages

    liquidated damage​s are those agreed upon by the parties to a contract, to be paid in case of breach thereof....

  • Lis Pendens

    A pending lawsuit

  • Loco Parentis

    Special Parental Authority ; in the place of the parent

  • Locus Standi

    A personal and substantial interest in the case such that the party has sustained or will sustain direct injury as...

M

  • Mala In Se

    Inherently immoral

  • Malum prohibitum

    Not inherently immoral but punished because law says so

  • Malversation

    Any public office​r who, by reason of the duties of his office, is accountable for public funds or property, shall...

  • Management Prerogative

    Except as limited by special laws, an employer is free to regulate, according to his own discretion and judgment, all...

  • Mandamus

    Mandamu​s is employed to compel the performance, when refused, of a ministerial duty, this being its main objective. (Henares vs....

  • Meal Period

    Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to...

  • Mens Rea

    Guilty mind, criminal intent

  • Misleading question

    A misleading questio​n is one which assumes as true a fact not yet testified to by the witness, or contrary...

  • Mora Accipiendi

    Delay on the part of obligee (creditor)

  • Moral damages

    moral damage​s include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar...

  • More Solvendi

    Delay on the part of the obligor (debtor)

  • Mortis Causa

    In Contemplation of Death

  • Motion

    An application for relief other than by a pleading. It must be in writing except those made in open court...

  • Motu Proprio

    A Latin term which means taking action or using one’s initiative without prodding from anyone. Note the spelling of proprio...

  • Murder

    The elements of murde​r are: 1) That a person was killed; 2) That the accused killed him; 3) That the...

N

  • Necessary Party

    One who is not indispensable but who ought to be joined as a party if complete relief is to be...

  • Negative Defense

    A specific denial by the defendant of the material fact or facts alleged in the pleading of the claimant essential...

  • Negative Pregnant

    A denial in a pleading which, in fact, can be interpreted as an affirmation or admissio​n of a substantial fact...

  • Negligence

    Negligenc​e is the failure to observe for the protection of the interests of another person that degree of care, precaution,...

  • Night Shift Differential

    Every employee shall be paid a night shift differentia​l of not less than ten percent (10%) of his regular wag​e...

  • Nominal damages

    nominal damage​s are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the...

  • Non-diminution of benefits

    The non-diminution rule applies only if the benefit is based on an express policy, a written contract, or has ripened...

  • Nunc Pro Tunc

    A Latin term for “now for then,” thus a judgment or order nunc pro tun​c means that it is to...

O

  • Obiter

    A Latin term which refers to an averment, assertion, or observation stated as an aside or a “by the way,”...

  • Overbreadth

    Under the overbreadt​h doctrine, a proper governmental purpose, constitutionally subject to state regulation, may not be achieved by means that...

  • Overtime

    Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtim​e work,...

P

  • Pacta Suct Servanda

    International agreements must be performed in good faith

  • Parole Evidence Rule

    When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed...

  • Parricide

    Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or...

  • Partition

    An action for partitio​n of real estate is at once an action for the determination of the co-owners of the...

  • Per Curiam

    A decision of a collegiate court acting unanimously and anonymously, usually with no dissent. The ponente or writer of such...

  • Personal Knowledge

    A witness can testify only to those facts which he or she knows of his or her personal knowledg​e; that...

  • Piracy

    Any person who, on the high seas, shall attack or seize a vessel or, not being a member of its...

  • Plain Meaning

    A principle of statutory construction which states that “where the words of a statute are clear, plain and free from...

  • Pleadings

    The written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (Fundamentals...

  • Police power

    police powe​r is defined as the inherent power of the State to regulate or to restrain the use of liberty...

  • Possessor in good faith

    He is deemed a possessor in good fait​h who is not aware that there exists in his title or mode...

  • Praeter Intentionem

    Lack of intent to commit so grave a wrong

  • Prejudicial Question

    One that arises in a case the resolution of which is a logical antecedent of the issue involved in another...

  • Preponderance of evidence

    Preponderance of evidenc​e is the evidenc​e that is of greater weight, or more convincing, than the evidenc​e offered in opposition...

  • Prima Facie

    Evidenc​e that is good and sufficient on its face. Such evidenc​e as, in the judgment of the law, is sufficient...

  • Prision correccional

    The duration of the penalties of prision correcciona​l, suspension and destierro shall be from 6 months and 1 day to...

  • Prision mayor

    The duration of the penalties of prision mayo​r and temporary disqualification shall be from 6 years and 1 day to...

  • Pro Hac Vice

    A Latin term which means “for this one time only” in limiting an action or decision to the instant matter...

  • Probate

    probat​e is a special proceedin​g to establish the validity of a will. No will passes property unless it is probated...

  • Probationary Employee

    A probationary employe​e is one who, for a given period of time, is being observed and evaluated to determine whether...

  • Probationary Status

    Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by...

  • Processual Presumption

    Presumption that the foreign law is the same as our local law

  • Proof beyond reasonable doubt

    proof beyond reasonable doub​t does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty....

  • Proximate Cause

    proximate caus​e is that which, in natural and continuous sequence, unbroken by any new cause, produces an event, and without...

  • Psychological capacity

    Psychological incapacity, a ground to void marriage under Article 36 of the Family Code, is a legal, not a medical,...

  • Public Officer

    Any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in...

  • Public utility

    (d) public utilit​y. - public utilit​y refers to a public service that operates, manages or controls for public use any...

Q

  • Qualifying circumstance

    It is an elementary rule in criminal law that each of the qualifying circumstances must, be alleged in the Information...

  • Question of Fact

    There is a question of fac​t when the doubt arises as to the truth or falsity of the alleged fact...

  • Question of Law

    A question of la​w arises when there is doubt as to what the law is on a certain state of...

R

  • Rape

    Committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation;...

  • Ratio Decidendi

    A Latin term which refers to the underlying reason or principle which justifies a court decision. In other words, it...

  • Real Party In Interest

    The party who stands to be benefited or injured by the judgment in the suit, or the party entitled to...

  • Rebellion

    Committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said...

  • Rebus Sic Stantibus

    Doctrine of Unforeseen events

  • Reckless Imprudence

    Reckless imprudenc​e consists in voluntarily, but without malice, doing or failing to do an act from which material damage results...

  • Reclusion Perpetua

    The penalty of reclusion perpetu​a shall be from 20 years and 1 day to 40 years. (Article 27, Revised Penal Code)

  • Reclusion Temporal

    The penalty of reclusion tempora​l shall be from 12 years and 1 day to 20 years. (Article 27, Revised Penal Code)

  • Recruitment and Placement

    Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising...

  • Regalian doctrine

    A legal concept first introduced into the country from the West by Spain through the Laws of the Indies and...

  • Regular employee

    An employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually...

  • Rejoinder

    The answer of the defendant to the complainant’s reply. (Fundamentals of Decision Writing for Judges, Philippine Judicial Academy)

  • Renvoi

    Sending Back, court resorts to foreign law which in turn refers the court back to the law of the forum

  • Replevin

    replevi​n is an action for the recovery of personal property. It is both a principal remedy and a provisional relief....

  • Reprobate

    reprobat​e is a special proceedin​g to establish the validity of a will proved in a foreign country (Benchbook for Trial...

  • Res Gestae

    Statements made by a person while a startling occurrence is taking place,or immediately prior or subsequent thereto with respect to...

  • Res Ipsa Loquitor

    A Latin term which translates into “the thing speaks for itself,” that is, requiring no proof or further demonstration of...

  • Res Judicata

    A Latin term which refers to a case or controversy that is already decided with finality and, therefore, deemed conclusive...

  • Res Nullius

    Things whose ownership may be acquired by occupation

  • Retirement

    retiremen​t age is primarily determined by the existing agreement or employment contract. Only in the absence of such an agreement...

  • Right to appeal

    The right to appea​l is neither a natural right nor is it a component of due process. It is a...

  • Right to privacy

    The right to privac​y or the right to be let alone, in Philippine jurisdictio​n, is accorded recognition independent from the...

  • Robbery

    Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or...

S

  • Salus Populi Suprema Est Lex

    Welfare of the people is the highest law

  • Security of tenure

    In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause...

  • Sedition

    Rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any...

  • Service Charge

    All service charges collected by hotels, restaurants and similar establishments shall be distributed completely and equally among the covered workers...

  • Service Incentive Leave

    Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leav​e...

  • Simple Imprudence

    Simple imprudenc​e consists in the lack of precaution displayed in those cases in which the damage impending to be caused...

  • Special Proceeding

    A special proceedin​g is a remedy by which a party seeks to establish a status, a right, or a particular...

  • Stare Decisis

    A Latin expression of a legal principle which says that once a question of la​w has been examined and decided,...

  • Strict Scrutiny

    Test where government has the burden of proving that the classification (i) is necessary to achieve a compelling State interest,...

  • Subjudice

    A legal principle expressed in Latin which means that a certain matter is under judicial or court consideration whose result...

  • Substantial Evidence

    Such amount of relevant evidenc​e which a reasonable mind might accept as adequate to support a conclusion. (Surigao Del Norte...

  • Supervisory Employees

    supervisory employee​s are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of...

  • Supplements

    supplement​s are paid to employees on top of their basic pay and are free of charge. Since it does not...

T

  • Temperate damages

    Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court...

  • Testate

    Estate of a deceased person which is settled or to be settled with the last will and testament of that...

  • Theft

    Any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall...

  • Transcendental importance

    transcendental importanc​e is not defined in our jurisprudence, thus, in Francisco v. House of Representatives: There being no doctrinal definition...

  • Treachery

    There is treacher​y when the offender commits any of the crimes against the person, employing means, methods, or forms in...

  • Treason

    Any person who, owing allegiance to the Government of the Philippine Islands, not being a foreigner, levies war against them...

  • Trust

    A trus​t is the legal relationship between one person having an equitable ownership in property and another person owning the...

  • Two Written Notices

    The employer must furnish the employee with two written notice​s before the termination of employment can be effected: (1) the...

U

  • Ultra Vires

    A body exercising an invalid excess or power of authority. (Black's Law Dictionary)

  • Unfair Competition

    Any person who shall employ deception or any other means contrary to good faith by which he shall pass off...

V

  • Vested Right

    A vested righ​t is one whose existence, effectivity, and extent does not depend upon events foreign to the will of...

  • Visitorial power

    The Secretary of Labor or his duly authorized representatives may, at any time, inspect the premises, books of accounts and...

  • Void for vagueness

    A statute which either forbids or requires the doing of an act in terms so vague that men of common...

W

  • Wage

    wag​e paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of...

  • Witnesses

    All persons who can perceive, and perceiving, can make known their perception to others, may be witnesse​s. (Rule 130, Section...

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