1 - A - Abandonee. A party to whom a right or property is abandoned or relinquished by another. [Black's Abandon. To forsake entirely; to Law Dict., Abr. 5th Ed. (1987), p. 1]. forsake or renounce utterly. [Dela Cruz v. Dela Cruz, GR L-19565, Jan. Abandoning a minor. Crim. Law. 30, 1968]. The felony committed by any one who shall abandon a child under 7 Abandoned child. 1. A child who has years of age, the custody of which no proper parental care or is incumbent upon him. [Art. 276, guardianship, or whose parent(s) RPC]. have deserted him / her for a period of at least 3 continuous months, Abandonment. Labor. An employer which includes a founding. [Sec. 2, defense against the change of illegal RA 9523]. 2. A child who has no or constructive dismissal. To exist, proper parental care or guardianship however, it is essential that (a) the or whose parent(s) has deserted employee must have failed to report him / her for a period of at least 6 for work or must have been absent continuous months and has been without justifiable reason; (b) there judicially declared as such. [Sec. 3, must have been a clear intention to RA 8552; Art. 141, PD 603]. sever the employer-employee Compare with Dependent child relationship manifested by some and Neglected child. over acts. [Philamgen v. Gramaje, 442 SCRA 274]. Abandoned or idle land. 1. Any agricultural land not cultivated, tilled Abandonment. Labor. Elements: (a) or developed to produce any crop The failure to report for work or nor devoted to any specific absence without valid or justifiable economic purpose continuously for reason, and (b) a clear intention to a period of 3 years immediately sever the employer-employee prior to the receipt of notice of relationship, with the second acquisition by the govt. as provided element as the more determinative under the Comprehensive Agrarian factor and being manifested by Reform Law of 1988 (RA 6657), but some overt acts. [De Ysasi III v. does not include land that has NLRC, 231 SCRA 173 (1994)]. become permanently or regularly devoted to non-agricultural Abandonment. Mar. Ins. The act of purposes. [Sec. 3, RA 6657]. 2. the insured by which, after a Lands devoted to any crop at least constructive total loss, he declares one year prior to the notice of the relinquishment to the insurer of expropriation, but which were not his interest in the thing insured. utilized by the owner for his benefit [Sec. 138, IC]. for the past 5 years prior to such notice of expropriation. [Sec. 166, Abandonment of domicile and RA 3844]. acquisition of a new one called domicile of choice. Requisites: (a) Residence or bodily presence in the Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 2 new locality, (b) intention to remain intention of terminating his there or animus manendi, and (c) possession and control thereof. an intention to abandon the old [Sang. Bayan of San Andres, domicile or animus non revertendi. Catanduanes v. CA, GR 118883. [Romualdez v. RTC Tacloban City, Jan. 16, 1998, citing Words & 226 SCRA 408, 415]. Phrases, Vol. 1, p. 127]. 3. A species of resignation; while Abandonment of land dedicated resignation in general is a formal to public use. Elements: (a) relinquishment, abandonment is a Intention to relinquish the right or voluntary relinquishment through property, but without intending to nonuser. [Sang. Bayan of San transfer title to any particular Andres, Catanduanes v. CA, GR person; and (b) the external act 118883. Jan. 16, 1998, citing Words which such intention is carried into & Phrases, Vol. 1, p. 126]. effect. [Defensor-Santiago v. Ramos, PET 001. Feb. 13, 1996, Abandonment of person in citing 49 Mich. App. 128, 229 N.W danger and abandonment of 2d 343, 349]. one's own victim. Crim. Law. The felony committed by any one who Abandonment of minor by person shall fail to render assistance to any entrusted with his custody; person whom he shall find in an indifference of parents. Crim. uninhabited place wounded or in Law. The felony committed by danger of dying, when he can anyone who, having charge of the render such assistance without rearing or education of a minor, detriment to himself, unless such shall deliver said minor to a public omission shall constitute a more institution or other persons, without serious offense; or by anyone who the consent of the one who shall fail to help or render assistance entrusted such child to his care or in to another whom he has the absence of the latter, without accidentally wounded or injured; or the consent of the proper by anyone who, having found an authorities, or by the parents who abandoned child under 7 years of shall neglect their children by not age, shall fail to deliver said child to giving them the education which the authorities or to his family, or their station in life require and shall fail to take him to a safe place. financial conditions permit. [Art. [Art. 275, RPC]. 277, RPC]. Abandonment of the thing. It Abandonment of office or consists of the voluntary position. 1. Crim. Law. The felony renunciation of all the rights which a committed by any public officer person may have in a thing, with who, before the acceptance of his the intent to lose such thing. By resignation, shall abandon his office virtue of the abandonment, the to the detriment of the public thing is left without owner or service. [Art. 238, RPC]. 2. Admin. possessor. To be effective, it is Law. The voluntary relinquishment necessary that it be made by a of an office by the holder, with the possessor in the concept of owner. Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 3 [Tolentino, Civil Code of the Phil., remove or neutralize a fire hazard. Vol. II, Repr. 2001, p. 304, citing 4 [Sec. 3, RA 9514]. Manresa 315; 3 Sanchez Roman 299]. Abatement of action. A suit which has been quashed and ended. Abandonment of the wife. To [Jurist‘s Legal Dict., 2004]. constitute abandonment of the wife by the husband, as the term is used Abatement of a fire hazard. Any in Art. 178 of the Civil Code, there act that would remove or neutralize must be absolute cessation of a fire hazard. [Sec. 3, PD 1185]. marital relations and duties and rights, with the intention of ABC. See Approved budget for the perpetual separation. The contract. abandonment must not only be physical estrangement but also Abduction. 1. The taking away of a amount to financial and moral woman from her house or the place desertion. [Dela Cruz v. Dela Cruz, where she may be for the purpose GR L-19565. Jan. 30, 1968]. of carrying her to another place with intent to marry or to corrupt her. Abandonment of work. Labor. The [People v. Crisostomo (46 Phil. deliberate, unjustified refusal of the 780)]. 2. Taking someone away employee to resume his from a place without that person's employment. The burden of proof is consent or by fraud. [Duhaime's on the employer to show a clear Legal Dict., 2004]. See also and deliberate intent on the part of Kidnapping. the employee to discontinue employment without any intention Aberratio ictus. Crim. Law. Lat. of returning. Mere absence is not Mistake in the blow, characterized sufficient. [FRF Enterprise v. NLRC, by aiming at one but hitting the GR 105998. Apr. 21, 1995]. other due to imprecision in the blow. [People v. Sabalones, GR Abandonment of work. Labor. 123485, Aug. 31, 1998]. Compare Essential requirements: (a) Failure with Error in personae. to report for work or absence without valid or justifiable reason; Aberratio ictus. Also Error en la and (b) clear intention to sever the persona. Crim. Law. Lat. 1. Mistake employer-employee relationship x x in the identity of the victim. [People x manifested by some overt acts. v. Pinto, GR 39519. Nov. 21, 1991]. [Henlin Panay Co. v. NLRC, GR 2. Miscarriage of the blow. [People 180718, Oct. 23, 2009, 604 SCRA v. Atillano, GR 109131-33. Oct. 3, 362, 369]. 1994]. Abatement. 1. A reduction in some Abet. The act of encouraging or amount that is owed, usually inciting another to do a certain granted by the person to whom the thing, such as a crime. [Duhaime's debt is owed. [Duhaime's Legal Legal Dict., 2004]. Dict., 2004]. 2. Any act that would Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 4 Ability to read intelligently. The a dead fetus. [Black's Law Dict., capacity to know or apprehend; to Abr., 5th Ed., p. 2]. discover or understand by characters, marks, features, etc.; to Abortion. Elements: (a) That there is gather the meaning. [Moreno‘s Law a pregnant woman who has Dict., 2000 Ed., p. 2]. suffered an abortion; (b) that the abortion is intended; and (c) that Ab inconveniente. Lat. From the abortion is caused by (1) the hardship, from what is inconvenient. pregnant woman herself; (2) any [Claridades, A., Compilation of other person, with her consent; or Notes, 2001-2006]. (3) any of her parents, with her consent for the purpose of Ab initio. Lat. From the start (or concealing her dishonor. [Under Art. beginning). [Duhaime's Legal Dict., 258, RPC]. 2004]. Abortionist. A person who criminally Ab intestato. Lat. By intestacy. The produces abortions, or one who term refers to laws governing the follows the business or practices the succession of property after its crime of producing abortion. [Black's previous owner dies without a valid Law Dict., Abr., 5th Ed., p. 2]. will. [http://topics.law.cornell.edu July 24, 2009]. Abortion practiced by a physician or midwife and dispensing of Abogado. Sp. Lawyer or attorney- at- abortives. Crim. Law. The felony law. That class of persons who are committed by any physician or by license officers of the courts, midwife who, taking advantage of empowered to appear, prosecute their scientific knowledge or skill, and defend, and upon whom shall cause an abortion or assist in peculiar duties, responsibilities and causing the same, or by any liabilities are developed by law as a pharmacist who, without the proper consequence. [Cui v. Cui, GR L- prescription from a physician, shall 18727. Aug. 31, 1964]. dispense any abortive. [Art. 259, RPC]. Abolition of a position. It does not involve or mean removal for the Abortion practiced by the woman reason that removal implies that the herself or by her parents. Crim. post subsists and that one is merely Law. The felony committed by a separated therefrom. [Arao v. woman who shall practice abortion Luspo, 20 SCRA 722 (1967)]. upon herself or shall consent that any other person should do so, or Abortion. The knowing destruction of by the parents of the pregnant the life of an unborn child or the woman or either of them, and they intentional expulsion or removal of act with the consent of said woman an unborn child from the womb for the purpose of concealing her other than for the principal purpose dishonor. [Art. 258, RPC]. of producing a live birth or removing Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 5 Abot-Kaya Pabahay Fund (AKPF). See Provisional absence and A Fund created by virtue of RA 6846 Declared absence. under the trusteeship of the National Home Mortgage Finance Absence of inconsistency test. Corporation (NHMFC) which was Evid. A test [in determining whether later amended by RA 7835 to or not there is identity of causes of implement a continuing program of action as to warrant the application social housing and enhance of the principle of res judicata] government's efforts to make low- where it is determined whether the cost housing affordable to low judgment sought will be inconsistent income families. It has 2 with the prior judgment. [Spouses components: (a) amortization Torres v. Medina, GR 166730, Mar. support whereby funds are made 10, 2010]. If no inconsistency is available for low income families to shown, the prior judgment shall not assist them in paying their housing constitute a bar to subsequent loans; and (b) development actions. [Agustin v. Delos Santos, financing where fund are utilized to GR 168139, Jan. 20, 2009, 576 support private developers, NGOs SCRA 576, 588-589]. Compare with and landowners in providing Same evidence test. affordable housing packages to low- income families. [Claridades, A., Absence of jurisdiction. See Compilation of Notes, 2006-2011]. Without jurisdiction. About. Near in time, quantity, Absentee. A person whose number, quality or degree. whereabouts and existence are not Substantially, approximately, known in the sense of the law almost, or nearly. [Moreno‘s Law allowing a subsequent marriage and Dict., 2000 Ed., p. 3]. for purposes of administration of the estate of the absentee and of Ab posse ad actu non vale illatio. succession. [Bench Book for Trial Lat. "A proof that an act could have Court Judges, p. 3-4]. been done is no proof that it was actually done." [Roman Cath. Bishop Absent spouse. A spouse who has of Malolos v. IAC, GR 72110. Nov. been missing for at least four years, 16, 1990]. it being unknown whether or not he or she is still alive, and the present Abrasion. A scrapping or rubbing off. spouse having a well-founded belief [Moreno‘s Law Dict., 2000 Ed., p. that the missing spouse is already 3]. dead. This is a defense against prosecution for a bigamous Absence. The legal status of a person marriage. [Art. 41, FC]. who has absented himself from his domicile and whose whereabouts Absentee voters, national registry and fate are unknown, it not being of. The consolidated list prepared, known with certainty whether he is approved and maintained by the still living or not. [Jurado, Civil Law Comelec, of overseas absentee Reviewer, 19th Ed. (1999), p. 260]. voters whose applications for Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 6 registration as absentee voters, Absolute defense, See Complete including those registered voters defense. who have applied to be certified as absentee voters, have been Absolute indorsement. Nego. Inst. approved by the Election One by which the indorser binds Registration Board. [Sec. 3, RA himself to pay (a) upon no other 9189]. condition than the failure of prior parties to do so; (b) upon due Absentee voting. The process by notice to him of such failure. which qualified citizens of the Phils.s [Claridades, A., Compilation of abroad exercise their right to vote. Notes, 2001-2006]. [Sec. 3, RA 9189]. Absolutely privileged Absent spouse. The prior spouse communication. One in respect of who had been absent for 4 which, by reason of the occasion on consecutive years and whom the which, or the matter in reference to spouse present reasonably believed which, it is made, no remedy can be to be already dead. In case of had in a civil action, however hard it disappearance where there is may bear upon a person who claims danger of death under the to be injured thereby, and even circumstances set forth in the though, it may have been made provisions of Arts. 391 of the Civil maliciously. [Sison v. David, GR L- Code, an absence of only 2 years 11268. Jan. 28, 1961, citing 33 Am. shall be sufficient. [Navarro v. Jur. pp. 123- 124]. Compare with Domagtoy, AM MTJ-96-1088. July Conditionally or qualifiedly 19, 1996]. privileged communication. Absent Without Leave. See AWOL. Absolute pardon. A pardon that reaches both the punishment Absoluta sententia expositore prescribed for the offense and the non indiget. Lat. When the guilt of the offender. When the language of the law is clear, no pardon is full, it releases the explanation of it is required. punishment and blots out of [Moreno‘s Law Dict., 2000 Ed., p. existence the guilt, so that in the 3]. eye of the law the offender is an innocent as if he had never Absolute community, system of. committed the offense. If granted The absolute community of property after conviction, it removes the between spouses shall commence at penalties and disabilities, and the precise moment that the restores him to all his civil rights; it marriage is celebrated and shall makes him, as it were, a new man, consist of all the property owned by and gives him a new credit and the spouses at the time of the capacity. [In re: Lontok 43 Phil. celebration of the marriage or 293]. Compare with Conditional acquired thereafter. [Arts. 88 and pardon. 91, FC]. Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 7 Absolute poverty. The condition of penalties. [This is] observed in the the household below the food imposition of complex crimes (Art. threshold level. [Sec. 3, RA 8425]. 48, RPC), continuing crimes, and specific crimes like robbery with Absolute simulation of a contract. homicide, etc. Compare with 1. It takes place when the parties Material accumulation system do not intend to be bound at all. and Judicial accumulation [Art. 1345, CC]. 2. An absolutely system. simulated or fictitious contract is void. [Art. 1346, CC]. Abus de droit. Fr. Abuse of right. [Claridades, A., Compilation of Absolute sovereign immunity. Notes, 2001-2006]. Rule that a foreign state is immune from all types of suits. [Intl. Law Abuse. To make excessive or Dict. & Direct., 2004]. improper use of a thing, or to employ it in a manner contrary to Absolute title. A non-contestable the natural or legal rules for its use. title to a thing. Also known as Title To make an extravagant or in fee simple. [Claridades, A., excessive use, as to abuse one's Compilation of Notes, 2006-2011]. authority. [Salalima v. Guingona, GR 117589-92. May 22, 1996, citing Absorb. It is synonymous with the Black's Law Dict., 5th Ed., p. 11]. words "assimilate" or "incorporate" and which, in business parlance, Abuse of confidence or obvious means "to take over." [Razon v. ungratefulness. An aggravating Sec. of Labor, GR 85867. May 13, circumstance under Art. 14 (4) of 1993, citing Webster's 3rd New Intl. Rev. Penal Code which can be Dict., 1966 Ed., p. 7]. appreciated only if the following requisites are present: (a) The Absorbed company. The constituent offended party had trusted the company whose corporate existence offender; (b) the offender abused is dissolved as a result of the such trust; and (c) such abuse merger or consolidation. [Tiopianco, facilitated the commission of the Commentaries & Jurisp. on the Ins. crime. [People v. Luchico, 49 Phil. Code of the Phil., 1999 Ed., p. 207]. 689]. See also Unfaithfulness. Absorbing or acquiring company. Abuse of judicial discretion. A The surviving company, in case of discretion by a judge to an end or merger, or the newly formed purpose not justified by and clearly company, in case of consolidation. against reason and evidence. [Tiopianco, Commentaries & Jurisp. [Moreno‘s Law Dict., 2000 Ed., pp. on the Ins. Code of the Phil., 1999 3-4]. Ed., p. 207]. Abuse of right. A person may be Absorption system. [The system of liable for harm caused by doing penalty where] the lesser penalties something which one, nevertheless, are absorbed by the graver has a right to do, if the right was: Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 8 (a) principally intended to cause to the aggressor / s and purposely harm; (b) or was used without a selected or taken advantage of to legitimate, interest justifying judicial facilitate the commission of the protection; (c) or was used in bad crime. [People v. Daquipil, GR faith; (d) or was contrary to basic 86305-06, Jan. 20, 1995, 240 SCRA rules of morality or fairness. [Tetley, 314, 332-333]. Glossary of Conflict of Laws, 2004]. Abuses against chastity. Crim. Abuse of right principle. Law. The felony committed by: (a) Requisites: (a) The defendant any public officer who shall solicit or should have acted in a manner that make immoral or indecent advances is contrary to morals, good customs to a woman interested in matters or public policy; (b) the acts should pending before such officer for be willful; and (c) there was decision, or with respect to which damage or injury to the plaintiff. he is required to submit a report to [Custodio v. CA, GR 116100. Feb. 9, or consult with a superior officer; or 1996, citing Jurado, Personal and (b) any warden or other public Family Law, 1984 ed., 41]. officer directly charged with the care and custody of prisoners or persons Abuse of superiority. 1. The excess under arrest who shall solicit or of the aggressor‘s natural strength make immoral or indecent advances over that of the victim, considering to a woman under his custody. [Art. the position of both and the 245, RPC]. employment of means to weaken the defense, although not annulling Abusos deshonestos. Sp. Abuse of it. The aggressor must have taken chastity. [US v. Mendez, GR L-6483. advantage of his natural strength to Mar. 11, 1911]. insure the commission of the crime. [People v. Salcedo, GR 178272. Mar. Academic failure. An academic 14, 2011]. 2. The taking advantage subject in which the student has by the culprits of their collective failed. [Moreno‘s Law Dict., 2000 strength to overpower their Ed., p. 4]. relatively weaker victim or victims. [People v. Apduhan, Jr., GR L- Academic freedom. The right of the 19491, Aug. 30, 1968]. school or college to decide for itself, its aims and objectives, and how Abuse of superior strength. 1. It best to attain them - the grant contemplates a situation of strength being given to institutions of higher notoriously selected or taken learning - free from outside coercion advantage of by an aggressor in the or interference save possibly when commission of the crime. [People v. the overriding public welfare calls Escoto, GR 91756, May 11, 1995, for some restraint. [Tangonan v. 244 SCRA 87]. 2. [This] is present Judge Paño, 221 Phil. 601, 612 whenever there is a notorious (1985)]. inequality of forces between the victim and the aggressor / s that is Academic non-teaching plainly and obviously advantageous personnel. Those persons holding Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 9 some academic qualifications and debtor becoming insolvent), then performing academic functions the contract is fully due directly supportive of teaching, such immediately. This is a typical clause as registrars, librarians, research in a loan contract; miss one assistants, research aides, and payment and the agreement to pay similar staff. [Sec. 6, BP 232]. at regular intervals is voided and the entire amount becomes due and Accelerated judgment. A payable immediately. [Duhaime's procedural technique to promptly Legal Dict., 2004]. dispose of cases where the facts appear undisputed and certain from Acceptance. Civ. Law. 1. The the pleadings, depositions, manifestation by the offeree of his admissions and affidavits on record, assent to the terms of the offer or for weeding out sham claims or which must in other words meet or defenses at an early stage of the be identical at all points of the offer. litigation to avoid the expense and [Diaz, Bus. Law Rev., 1991 Ed., p. loss of time involved in a trial. Its 65]. 2. The taking and receiving of object is to separate what is formal anything in good faith with the or pretended in denial or averment intention of retaining it. [Glossary of from what is genuine and Legal Terms (Pro-Se), 2004]. substantial so that only the latter may subject a party in interest to Acceptance. 1. Nego. Inst. An the burden of trial. [Spouses acceptance completed by delivery or Agbada v. Inter-Urban Developers, notification. [Sec. 191, NIL]. 2. Inc., GR 144029, 19 Sept. 2002, Succ. The act by virtue of which an citing Excelsa Industries, Inc. v. CA, heir, legatee or devisee manifests 317 Phil. 664 (1995)]. See his desire in accordance with the Summary judgment. formalities prescribed by law to succeed to the inheritance, legacy Accelerated training. Basic skills or devise. 3. It may be an express training of a short-term nature for acceptance made in a public or jobs with a defined level of private document, or a tacit qualifications. This usually refers to acceptance resulting from acts by a rapid paced, condensed vocational which the intention to accept is training to fill immediate manpower necessarily implied, or which one needs. [Sec. 1, Rule 1, Book 2, IRR would have no right to do except in of LC]. the capacity of an heir. [Art. 1049, CC]. Compare with Repudiation. Acceleration clause. 1. A clause which renders the whole debt due Acceptance for honor. Nego. Inst. and demandable upon the failure of An undertaking by a stranger to a the obligor to comply with certain bill after protest for the benefit of conditions. [Claridades, A., any party liable thereon or for the Compilation of Notes, 2001-2006]. honor of the person whose account 2. A clause in a contract that states the bill is drawn which acceptance that if a payment is missed, or some inures also to the benefit of all other default occurs (such as the parties subsequent to the person for Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students 10 whose honor it is accepted, and false information, fictitious identities conditioned to pay the bill when it and addresses, or any form of false becomes due if the original drawee pretense or misrepresentation. [Sec. does not pay it. [Claridades, A., 3, RA 8484]. Compilation of Notes, 2001-2006]. Access Devices Regulation Act of Acceptance of a bill. Nego. Inst. 1998. RA 8484 entitled ―An Act The signification by the drawee of regulating the issuance and use of his assent to the order of the access devices, prohibiting drawer; this may be done in writing fraudulent acts committed relative by the drawee in the bill itself, or in thereto, providing penalties and for a separate instrument. [Prudential other purposes‖ enacted on Feb. 11, Bank v. IAC, GR 74886. Dec. 8, 1998. 1992]. Accessing entity. Any submitting Accepted unilateral promise. An entity or any other entity authorized offer which specifies the thing to be by the Credit Information Corp. to sold and the price to be paid and, access basic credit data from the when coupled with a valuable Corp. [Sec. 3, RA 9510]. consideration distinct and separate from the price, is what may properly Accessio cedit principali. Lat. The be termed a perfected contract of accessory follows the principal. option. This contract is legally [Claridades, A., Compilation of binding, and in sales, it conforms Notes, 2001-2006]. with the second paragraph of Art. 1479 of the Civil Code. [Equatorial Accession. 1. Intl. Law. The process Realty v. Mayfair Theater, GR whereby a non-signatory State later 106063. Nov. 21, 1996]. becomes a party to a treaty. [Suarez, Pol. Law Reviewer, 1st Ed., Access device. Any card, plate, 2002, pp. 1061-1062]. 2. Prop. The code, account number, electronic right to all which one‘s own property serial number, personal produces, and the right to that identification number, or other which is united to it by accession, telecommunications service, either naturally or artificially. equipment, or instrumental [Black‘s Law Dict., Abr. 5th Ed. identifier, or other means of account (1983), p. 6]. access that can be used to obtain money, good, services, or any other Accession continua. The acquisition thing of value or to initiate a of ownership over a thing transfer of funds (other than a incorporated to that which belongs transfer originated solely by paper to the owner. [Tolentino, Civil Code instrument). [Sec. 3, RA 8484]. of the Phil., Vol. II, Repr. 2001, p. 98]. Access device fraudulently applied for. Any access device that Accession discreta. The extension was applied for or issued on account of the right of ownership to the of the use of falsified document, products of a thing. [Tolentino, Civil Alvin T. Claridades’ Legal & Jurisprudential Lexicon for Law Students