CRIMINAL PROCEDURE

Accusatorial System the accusation is exercised payable to the proper officer with the condition to be
by every citizen. The procedure is confrontative and void upon performance by the accused of such acts
the trial is publicly held and ends with the magistrate as he may legally be required to perform.
rendering the verdict.
Buy-bust Operations - A form of entrapment which
has been repeatedly accepted to be valid means of
Acquittal - A finding of not guilty based on the
arresting violators of the Dangerous Drugs Law. The
merits, that is the accused is acquitted because the
violator is caught in flagrante delicto and the police
evidence does not show that his guilt is beyond
officers conducting the operation are not only
reasonable doubt, or a dismissal of the case after the
authorized but duty-bound to apprehend the violator
prosecution has rested its case upon motion of the
and to search him for anything that may have been
accused on the ground that the evidence fails to
part of or used in the commission of the crime.
show beyond reasonable doubt that the accused is
guilty.
Capital Offense - refers to an offense which, under
the law existing at the time of its commission and at
Affirmative Defense - In an affirmative defense, the
the time of the application to be admitted to bail, may
accused admits the act or omission charged, but
be punished with death.
interposes a defense, which if proven, would
exculpate him. For example, the accused admits
Citizens arrest - refers to arrest effected by a
killing the victim, but he claims that he did it in self-
private person.
defense. In this case, the burden of proving the
elements of self-defense belong to the accused.
Complaint - is a sworn written statement charging
There will be a reverse trial in which the accused will
the person with an offense subscribed by the
prove the elements of self-defense. This is because
offended party, any peace officer, or public officer
the accused admits the act or omission already. The
charged with the enforcement of the law violated.
prosecution need not prove it anymore. The accused
must now present evidence to justify the commission
of the act.
Confrontation - is the act of setting a witness face-
to-face with the accused so that the latter may make
Amendment in Substance - An amendment is an
any objection he has to the witness, and the witness
amendment in substance where it covers matters
may identify the accused, and this must take place in
involving the recital of facts constituting the offense
the presence of the court having jurisdiction to permit
charged and determinative of the jurisdiction of the
the privilege of cross-examination.
court (Almeda vs. Villaluz, G.R. No. L-31665, August
6, 1975).
Continuing or transitory offense - are crimes
where some acts material and essential to the crimes
Appeal - is a proceeding for review by which the
and requisite to their
whole case is transferred to the higher court for a
commission occur in one municipality or territory and
final determination. I is not an inherent right of a
some in another. Continuing offenses are
convicted person but has always been statutory.
consummated in one place, yet by the nature of the
offense, the violation of the law is deemed continuing.
Arraignment - is the formal mode of implementing
Examples are estafa, abduction, malversation, libel,
the constitutional right of the accused to be informed
kidnapping, violation of BP22.
of the nature of the accusation against him.

Continuous Trial System - Trial once commenced

Arrest - is the taking of a person into custody in
shall continue from day to day as far as practicable
order that he may be bound to answer for the
until terminated; but it may be postponed for a
commission of an offense.
reasonable period of time for good cause.
Bail - is the security given for the release of a person
Counsel De Officio - He is a counsel appointed by
in custody of the law, furnished by him or a
the court to represent and defend the accused in
bondsman, conditioned upon his appearance before
case he cannot afford to employ one himself.
any court as required under the conditions specified
by the rule.
Criminal Action - is one by which the State
prosecutes a person for an act or omission
Bail Bond - An obligation under seal given by the
punishable by law.
accused with one or more sureties, and made
Criminal Jurisdiction - is the authority to hear and
try a particular offense and impose the punishment
for it (People vs. Mariano, G.R. No. L-40527, June
30, 1976)
Criminal Procedure - is the method prescribed by
law for the apprehension and prosecution of persons
accused of any criminal offense, and for their
punishment, in case of conviction.
- In its generic term, it describes the
network of laws and rules which
governs the procedural administration
of criminal justice, that is, laws and
court rules governing arrest, search
and seizure, bail etc.
Damage - It is an actionable loss, hurt or sham
which results from an unlawful act, omission or
negligence of another.
Damages - It is the sum of money which the law
awards or imposes as pecuniary compensation or
satisfaction for an injury done or a wrong sustained. It
is the amounts recoverable or which can be awarded
for the damage done or sustained.
Deposition - It is the testimony of a witness taken
upon oral questions or written interrogations, in open
court, but in pursuance of a commission to take
testimony issued by a court, or under a general law or
court rule on the subject, and reduced to writing and
duly authenticated, and intended to be used in
preparation and upon the trial of a civil or criminal
prosecution.
Doctrine of Maqueda - The right to counsel does
not end with the filing of the case in court but applies
in pre-trial proceedings considered as critical stages
in criminal processes.
Double Jeopardy - means that when a person is
charged with an offense and the case is terminated
either by acquittal or conviction or in any other
manner without the consent of the accused, the latter
cannot again be charged with the same or identical
offense.
Equipoise Rule - the rule provides that where the
evidence of the parties in a criminal case are evenly
balanced, the constitutional presumption of
innocence should tilt in favor of the accused who
must be acquitted.
General Warrant is a search warrant which vaguely
describes and does not particularize the personal
properties to be seized without a definite guideline to
the searching team as to what items might be lawfully
seized, thus giving the officers of the law discretion
regarding what articles they should seize.
Immediate Control Test - A search incidental to a
lawful warrantless arrest may extend beyond the
person where the exigencies of the situation justify a
warrantless search for dangerous weapons and to
prevent the arrestee from destroying evidence of the
crime within reach (People vs. Musa, G.R. No.
95329, January 27, 1993).
In Flagrante Delicto Arrests - An offense is
committed in the presence or within the view of the
person making the arrest when he sees the offense,
although at a distance, or hears the disturbances
created thereby and proceeds at once to the scene
thereof; or the offense is continuing, or has been
consummated, at the time the arrest is made.
Information - is an accusation in writing charging a
person with an offense, subscribed by the prosecutor
and filed with the court.
Inquest - is an informal and summary investigation
conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for
the purpose of determining whether or not said
persons should remain under custody and
correspondingly be charged in court.
Inquisitorial System - the detection and prosecution
of crimes are left to the initiative of officials and
agents of the law. The procedure is characterized by
secrecy and the Judge is not limited to the evidence
brought before him but could proceed with his own
inquiry which is not confrontative.
Jeopardy - is the peril in which a person is put when
he is regularly charged with a crime before a tribunal
properly organized and competent to try him.
Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged
and the imposition of the proper penalty and civil
liability provided for by the law.
Jurisdiction (in general) - is the power or authority
given by the law to a court or tribunal to hear and
determine
certain controversies. It is the power of courts to hear
and determine a controversy involving rights which
are
demandable and enforceable.
Mittimus is a process issued by the court after
conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused in
accordance with the terms of the judgment. It shall be
stayed during the pendency of the motion for
rehearing or reconsideration.
Mixed System It is a combination of the
inquisitorial and the accusatorial system. It
characterizes the criminal procedures observed in the
Philippines.
Motion to Quash - is a special pleading filed by the
defendant before entering his plea, which
hypothetically admits the truth of the facts spelled out
in the complaint or information at the same time that it
sets up a matter which, if duly proved, would preclude
further proceedings.
Negative Defense - A negative defense requires
the prosecution to prove the guilt of the accused
beyond reasonable doubt. In a negative defense, the
accused claims that one of the elements of the
offense charged is not present. It in incumbent upon
the prosecution to prove the existence of this
element. For example, in illegal possession of
firearms, the accused may interpose the negative
defense that he had a license to carry the firearm. He
cannot be compelled by the prosecution to present
the license. It is the duty of the prosecution to prove
the absence of the license, which is an essential
element of the offense charged.
Nemo Tenetur Seipsum Accusare - No person
shall be compelled to accuse himself. This is
predicated on the principles of humanity and civil
liberty.
New Trial - is the rehearing of a case already
decided but before the judgment of conviction therein
rendered has become final, whereby errors of law or
irregularities are expunged from the record or new
evidence is introduced or both steps are taken.
Parole - is the conditional release of an offender
from a penal or correctional institution after he has
served the minimum period of the prison sentence
under the continued custody of the state and under
conditions that permit his reincarceration if he violates
the conditions of his release.
Plea - pertains to the matter which the accused, on
his arraignment, alleges in answer to the charge
against him.
Plea of Guilty - is an unconditional admission of
guilt, freely, voluntarily and made with full knowledge
of the consequences and meaning of his act and with
a clear understanding of the precise nature of the
crime charged in the complaint or information. It must
be of such nature as to foreclose the defendants
right to defend himself from said charge, leaving the
court no alternative but to impose the penalty fixed by
law.
Prejudicial Question - is one which arises in a
case, the resolution of which is a logical antecedent
of the issue involved therein and the cognizance of
which pertains to another tribunal.
Preliminary Investigation - is an inquiry or
proceeding to determine whether there exists
sufficient ground to engender a well-founded belief
that a crime has been committed and that the
respondent is probably guilty thereof, and should be
held for trial.
Pre-Trial Agreement All agreements or
admissions made or entered into during the pre-trial
conference shall be reduced to writing and signed by
the accused and counsel, otherwise the same shall
not be used in evidence against the accused.
Principle of Absorption - Acts committed in
furtherance of rebellion through crimes in themselves
are deemed absorbed in the one single crime of
rebellion. The test is whether or not the act was done
in furtherance of a political end. The political motive of
the act should be conclusively demonstrated (Enrile
vs. Salazar, G.R. No. 92163, June 5, 1990).
Private crime - Private offenses are those which
cannot be prosecuted except upon complaint filed by
the aggrieved party. Strictly speaking, there is no
such thing as a private offense since all offenses are
an outrage against the State. They are denominated
as private offenses only to give deference to the
offended party who may prefer not to file the case
instead of going through the scandal of a public trial.
Probable Cause - presupposes a reasonable
ground for belief in the existence of facts warranting
the proceedings complained of.
Probable Cause - refers to the facts and
circumstances which could lead a reasonably
discreet and prudent man to believe that an offense
has been committed and that the objects sought in
connection with the offense in the place sought to be
searched (Burgos vs. Chief of Staff, G.R. No. L-
65334, December 26, 1984).
Probation - is a disposition under which a defendant
after conviction and sentence, is released subject to
conditions imposed by court and to the supervision of
a probation officer.
Probation Officer - is one who investigates for the
court a referral for probation or supervises a
probationer or both.
Promulgation of Judgment - is the official
proclamation or announcement of judgment. It
consists of reading the judgment or sentence in the
presence of the accused and any judge of the court
rendering the judgment.
Property Bond - is an undertaking constituted as a
lien on the real property given as security for the
amount of the bail.
Public Attorneys - referred to are those attorneys of
the Public Attorneys Office of the Department of
Justice who are assisting accused not financially
capable to have a counsel of their own. These public
attorneys enter their appearance in behalf of the
accused upon his request or that of his relative or
upon being appointed as counsel de officio by the
court.
Public Trial one held openly or publicity; it is
sufficient that the relatives and friends who want to
watch the proceedings are given the opportunity to
witness the proceedings.
Question of Fact is when the doubt or difference
arises as to the truth or the falsehood of alleged facts.
Question of Law is when the doubt or difference
arises as to what the law is on a certain state of facts.
It must not involve an examination of the probative
value of the evidence by the litigants or any of them.
Reasonable Doubt is that doubt engendered by an
investigation of the whole proof and an inability, after
such investigation, to let the mind rest easy upon the
certainty of guilt.
Reasonable Doubt
The state of the case which, after full consideration of
all evidence, leaves the mind of the judge in such a
condition that he cannot say that he feels an abiding
conviction, to a moral certainty, of the truth of the
charge.
Recantation is the public and formal withdrawal of a
witness of his prior statement. It is not a ground for
new trial because it makes a mockery of the court
and would place the investigation of truth at the
mercy of the unscrupulous witness. Moreover,
retractions are easy to extort out of a witness. In
contrast, their statements are made under oath, in the
presence of a judge, and with the opportunity to cross
examine.
Recognizance refers to an obligation of record,
entered into before some court or officer authorized
to take it with a condition to do some particular act,
the most usual condition in criminal cases being the
appearance of the accused for trial.
Scatter-Shot Search Warrant is a search warrant
issued for more than one offense. It is not valid
because it is in violation of the Constitution.
Search Warrant is an order in writing issued in the
name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding
him to search for personal property described therein
and bring it before the court.
Sin Perjuicio Judgment
It is a judgment without stating the facts in support of
the courts decision or conclusion and reserving the
making of such statements of facts in a subsequent
decision.
Stop and Frisk
Its object is either to determine the identity of a
suspicious individual or to maintain the status quo
momentarily while the police officer seeks to obtain
more information. The officer may search the outer
clothing of the person in a n attempt to discover
weapons which might be used to assault him (Terry
vs. Ohio, 392 US 1).
Trial is the examination before a competent tribunal
according to the laws of the land, of the facts put in
issue in a case for the purpose of determining such
issue.
Warrant of Arrest Order directed to the peace
officer to execute the warrant by taking the person
stated therein into custody that he may be bound to
answer for the commission of the offense.
 CIVIL PROCEDURE
Appellate Jurisdiction
Accident is an event that takes place without ones
foresight or expectation.
Actual Controversy means a controversy which is
definite and concrete, touching the legal relations of
parties having adverse legal interests. It must be a
real and substantial controversy admitting of a
specific relief through a decree of a conclusive
character. It means an existing case or controversy
that is appropriate or ripe for determination, not
conjectural or anticipatory.
Affidavit of entry is one which reflects the nature
and character of fraud, accident, mistake or
excusable negligence on which the motion is based.
It serves as the jurisdictional basis for the court to
entertain a petition for relief. However, it is not a fatal
defect to warrant denial of the petition so long as the
facts required to be set out also appear in the verified
petition.
Affidavit of merits is one which states (1)he nature
or character of the fraud, accident, mistake, or
excusable negligence on which the motion for new
trial is based; (2) the facts constituting the movants
good and substantial defenses or valid causes of
action; or the evidence which he intends to present if
his motion is granted.
Affirmative Defenses are allegations of new matter
which, while hypothetically admitting the material
allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him.
Alias Summons is one issued when the original has
not produced its effect because of s defect in form or
in the manner of service, and when issued
supersedes the first writ.
Amended Answer is proper if the counterclaim or
cross-claim already existed at the time the original
answer was filed out due to oversight inadvertence or
excusable neglect it was not set up.
Annulment of judgment is a remedy in law
independent of the case where the judgment sought
to be annulled was rendered and may be availed of
though the judgment has been executed.
Answer is the pleading where the defendant sets
forth his affirmative or negative defenses. It may or
may not contain a counterclaim.
is the authority of a court
higher in rank to reexamine the final order or
judgment of a lower court which tried the case
elevated for judicial review.
Berry rule prescribes for the requisites in order that
newly discovered evidence may be admitted: (1) it
must have been discovered after the trial; (2) it could
not have been discovered and produced at the trial
even with the exercise of reasonable diligence; (3)
the evidence is of such weight that if admitted, would
probably alter the result of the action; and (4) it must
be material and not merely collateral, cumulative, or
corroborative.
Bill of Particulars is a more definite statement of
any matter which is not averred with sufficient
definiteness or particularity.
Clarificatory Judgment is rendered to clarify an
ambiguous judgment or one difficult to comply with.
Where the judgment is difficult to execute because of
ambiguity in its terms, the remedy is to file a motion
for Clarificatory judgment and not to assail the
judgment as void.
Collateral attack is made when in another action to
obtain a different relief, an attack on the judgment is
made as an incident in said action. This is proper only
when the judgment is on its face null and void such
as in cases of lack of jurisdiction to render the
judgment.
Commission is an instrument issued by a court of
justice, or other competent tribunal, to authorize a
person to take depositions or do any other act by
authority of such court or tribunal.
Complaint is the pleading alleging the plaintiffs
cause or causes of action which should contain
concise statement of the ultimate facts constituting
the plaintiffs cause of action, not evidentiary facts or
legal conclusions.
Compulsory Counterclaim is one which, being
cognizable by the regular courts, arises out of or is
connected with the transaction or occurrence
constituting the subject matter of the opposing party's
claim and does not require for its adjudication the
presence of third parties of whom the court cannot
acquire jurisdiction.
Concurrent Jurisdiction sometimes referred to as
confluent or coordinate jurisdiction is the power
conferred upon different courts, whether the same or
different ranks, to take cognizance at the same stage
in the same or different judicial territories.
Conditional Judgment is one wherein the effectivity
of which depends upon the occurrence or non-
occurrence of an event. As a general rule, judgments
of such kind, conditioned upon a contingency, are
held to be null and void.
Constitutional courts are those which owe their
creation and existence to the Constitution and
therefore, cannot be legislated out of existence or
deprived by law of the jurisdiction and powers
unqualifiedly vested by them by the Constitution.
Contempt is disobedience to the court by acting in
opposition to its authority, justice and dignity. It
signifies not only a willful disregard or disobedience
of the courts orders but also conduct tending to bring
the authority of law into disrepute or, in some manner,
to impede the due administration of justice ( Siy vs.
NLRC, G.R. No. 158971, Aug. 25, 2005).
Counterclaim is any claim which a defending party
may have against an opposing party.
Counter-Counterclaim is a claim asserted against
an original counterclaimant.
Counter-Crossclaim is a claim filed against an
original cross-claimant.
Courts not of record are those which are not
required to keep written record or transcript of
proceedings.
Courts of records are those whose proceedings are
enrolled and which are bound to keep written record
of all trials and proceedings handled by them.
Credits (and personal property) are something
belonging to the defendant, but in possession and
under the control of the garnishee (Feria, Civil
Procedure Annotated, Vol. 2, 2001 Ed., p. 294).
Cross Claim is any claim by one party against a co-
party arising out of the transaction or occurrence that
is the subject matter either of the original action or of
a counterclaim therein.
Debt means some definite amount of money,
ascertained or capable of being ascertained, which
may be paid over to the sheriff or to the court.
Defendant is one claiming an interest in the
controversy or the subject thereof adverse to the
plaintiff.
Deficiency Judgment is the judgment rendered by
the court holding the defendant liable for any unpaid
balance due to the mortgagee if the proceeds from
the foreclosure sale do not satisfy the entire debt.
Demand is a pre-requisite to an action for unlawful
detainer when the action is for failure to pay rent due
or to comply with the conditions of his lease, and not
where the action is to terminate the lease because of
the expiration of its term (Co Tiamco vs. Diaz, g.R.
No. L-7, Jan. 22, 1946).
Demurrer to evidence, as provided in Sec. 1 of
Rule 33, is a motion to dismiss on the ground of
insufficiency of evidence and is presented after the
plaintiff rests his case.
Deposition is a written testimony of a witness given
in the course of a judicial proceeding in advance of
the trial or hearing upon oral examination or in
response to written interrogatories and where an
opportunity is given for cross-examination.
Depositions de bene esse are those taken for
purposes of a pending action (Rule 23)
Depositions in perpetuam rei memoriam are
those taken to perpetuate evidence for purposes of
an anticipated action or further proceedings in a case
on appeal (Rule 24)
Direct attack against the judgment is made
through an action or proceeding the main object of
which is to annul, set aside, or enjoin the
enforcement of such judgment, if not yet carried into
effect; or if the property has been disposed of, the
aggrieved party may sue for its recovery.
Direct Attack is an independent action must be filed
to challenge the validity of the judgment whose nullity
is not patent on its face.
Disavowal of Knowledge is made by an allegation
of lack of knowledge or information sufficient to form
a belief as to the truth or falsity of the averment in the
opposing party's pleading.
Discovery is a device employed by a party to obtain
information about relevant matters on the case from
the adverse party in the preparation for trial.
Doctrine of law of the case is a principle which
provides that whatever is once irrevocably
established as the controlling legal rule or decision
between the same parties in the case continues to be
the law of the case whether correct on general
principles or not, so long as the facts on which such
decision was predicated continue to be the facts of
the case before the court. (RCPI vs. Court of
Appeals, G.R. no. 139763, April 26, 2006).
Dormant judgment is one that was not executed
within 5 years.
Due Execution means that the document was (1)
signed voluntarily and knowingly by the party whose
signature appears thereon; (2) that if signed by
somebody else such representative had the authority
to do so; and (3) that it was duly delivered, and that
the formalities were complied with.
Eminent Domain is the right and authority of the
State, as sovereign, to take private property for public
use upon observance of due process and payment of
just compensation (Visayan Refining Co. vs. Camus,
G.R. No. 15870, December 3, 1919).
Equity of Redemption is right of the defendant
mortgagor to extinguish the mortgage and retain
ownership of the property by paying the secured debt
within the 90-120 days period after the entry of
judgment or even after the foreclosure sale but prior
to its confirmation
Erroneous appeal means error in the choice or
mode of appeal (E.g. where appeal taken to the SC is
by notice of appeal instead of a petition for review on
certiorari).
Exclusive Jurisdiction is the power to adjudicate a
case proceeding to the exclusion of all other courts at
that stage.
Excusable Negligence depends upon the
circumstances of each case.
Execution is a process provided by law for the
enforcement of a final judgment.
Expropriation is the procedure to be observed in the
exercise of the right of eminent domain.
Extrinsic Fraud is that which connotes any
fraudulent scheme executed by the prevailing party
outside of the trial against the losing party who
because of such fraud is prevented from presenting
his side of the case. An example of which: preventing
a witness from testifying.
Final judgment or order is one which disposes of
the whole subject matter or terminates the particular
proceedings or action leaving nothing to be done by
the court but to enforce by execution what has been
determined.
Foreclosure of Mortgage is a proceeding in a court
of justice conducted according to legal forms by
which the mortgagee or his successors or one who
has by law succeeded to the rights and liabilities of
the mortgagee undertakes to dispose of, to ban, to
cut-off the legal and equitable claims of lien holders
or of the mortgagors or those who have succeeded to
the rights and liabilities of the mortgagor.
Forum Shopping consist of filing multiple suits in
different courts, either simultaneously or successively
involving the same parties, to ask the courts to rule
on the same or related causes and/or to grant the
same or substantially the same relief.
Fresh Period Rule is where the aggrieved party has
a fresh period of 15 days within which to file his
appeal. This applies to Rule 40, 41, 42, 43, and 45.
The fresh period of 15 days becomes significant only
when a party opts to file a motion for new trial or
reconsideration.
Garnishment is an act of appropriation by the court
when the property of debtor is in the hands of a third
person. It is specie of attachment for reaching any
property or credits pertaining or payable to a
judgment debtor.
General Jurisdiction or the power to adjudicate all
controversies except those expressly withheld from
the plenary powers of the court.
Genuine issue is an issue of fact which calls for the
presentation of evidence as distinguished from an
issue which is a sham, fictitious, contrived, and
patently unsubstantial so as not to constitute a
genuine issue for trial.
Genuineness means that the instrument is (1) not
spurious, counterfeit, or of different import on its face
from the one executed by the party; or (2) that the
party whose signature it bears has signed out; and
that at the time it was signed, it was in words and
figures exactly as out in the pleadings.
Grave Abuse of Discretion is where the
respondent acts in a capricious, whimsical, arbitrary
or despotic manner in the exercise of his judgment as
to be said to be equivalent to lack of jurisdiction. The
abuse of discretion must be so patent and gross as to
amount to an evasion of positive duty or to a virtual
refusal to perform a duty enjoined by law, or to act at
all in contemplation of law, as where the power is
exercised in an arbitrary and despotic manner by
reason of passion or personal hostility.
Improper appeal means the choice or mode of
appeal is correct but the appellant raises issues
which the court could not resolve (E.g. Where the
petition for review on certiorari was taken but factual
issues are invoked for resolution).
In aid of its appellate jurisdiction means a courts
right to hear an appeal from the lower courts
judgment on the merits.
Incomplete judgment is one which leaves certain
matters to be settled in a subsequent proceeding.
There is a decision but there are still other matters to
be incorporated later in such decision.
Indigent is one who has no money or property
sufficient and available for food, shelter, and basic
necessities He need not be a partner to entitle him to
litigate in form of a pauper.
Indispensible parties or those without whom no
final determination can be had an action (must be
joined under all conditions);
Injunction is a judicial writ, process or proceeding
whereby a party is ordered to do or refrain from doing
a particular act (Manila Banking Corporation, et al. vs.
CA, L-45961, July 3, 1990).
Interest in the Subject means a direct interest in
the cause of action as pleaded and which would put
the intervenor in a legal position to litigate a fact
alleged in the complaint, without the establishment of
which plaintiff could not recover (Magsaysay
Labrador vs. CA, G.R. No. 58163, Dec. 19, 1989).
Interlocutory Order refers to an order which does
not dispose of the case but leave something else to
be done by the trial court on the merits of the case.
Interpleader is a special civil remedy where a
person, who has property in his possession or an
obligation to perform, either wholly or partially, but
who claims no interest in the subject, or whose
interest, in whole or in party, is not disputed by
others, goes to court and asks that conflicting
claimants to the property or obligation be required to
litigate among themselves in order to determine
finally who is entitled to the same (Alvarez vs.
Commonwealth, G.R. No. 45315, February 25, 1938).
Intervention is a legal proceeding by which a third
person is permitted by the court to become a party by
intervening in a pending action after meeting the
conditions and requirement set by the Rules of Court.
Intrinsic Fraud refers to acts of a party during the
trial which does not affect the presentation of the
case. An example of which: presentation of a forged
promissory note.
Irreparable Injury is of such constant and frequent
recurrence that no fair or reasonable redress can be
had therefore in court of law or where there is no
standard by which their amount can be measured
with reasonable accuracy (SSC vs. Bayona, G.R. No.
L-13555, May 30, 1982).
Joint debtor is an indispensible party in a suit
against him but a necessary party in a suit against his
co-debtor.
Judgment by COGNOVIT ACTIONEM is a kind of
judgment by confession where the defendant after
service instead of entering a plea, he acknowledged
and confessed that the plaintiffs cause of action was
just and rightful.
Judgment by Confession is one rendered by the
court when a party expressly agrees to the other
partys claim or acknowledges the validity of the claim
against him.
Judgment by CONFESSION RELICTA
VERIFICATION is a kind of judgment by confession
where after pleading and before trial, the defendant
both confessed the plaintiffs cause of action and
withdrew or abandoned his plea or other allegations,
whereupon judgment was entered against him
without proceeding to trial.
Judgment is the final consideration and
determination of a court of competent jurisdiction
upon the matters submitted to it in an action or
proceeding.
Judgment non pro tunc is a judgment intended to
enter into the record the acts which had already been
done, but which do not appear in the records.
Judgment on Foreclosure is the judgment of the
court ordering the debtor to pay within 90-120 days
from the entry of judgment after ascertaining the
amount due to the plaintiff.
Judgment sin perjuicio may refer to a dismissal of
a case without prejudice to its being re-filed. It is one
which contains only the dispositive portion of the
decision and reserves the making of findings of fact
and conclusions of law in a subsequent judgment.
Judgment upon a compromise is one rendered by
the court on the basis of a compromise agreement
entered into between the parties.
Judgment upon the merits is one that is rendered
after consideration of the evidence submitted by the
parties during the trial of the case.
Judicial Function is where the tribunal or person
has the power to determine what the law is, what the
rights of the parties are, and undertakes to
determined these questions and adjudicate upon the
rights of the parties.

Just Compensation is equivalent to the fair market
value of the property at the time of its taking or filing
of complaint whichever comes first. It is tha fair and
full equivalent for the loss sustained by the
defendant.
Justiciability means that the court must be satisfied
that an actual controversy or the ripening seeds of
one, exists between parties, all of whom are sui juris
and before the court, and the declaration sought will
be a practical help in ending the controversy ( Peria.
Volume 2, p. 485).
Letters Rogatory is an instrument sent in the name
and by the authority of the judge or court to another,
requesting the latter to cause to be examined, upon
interrogatories filed in a case pending before the
former, a witness who is within the jurisdiction of the
judge or court to whom such letters are addressed
(Feria, 2001, p. 518).
Levy is an act by which an officer sets apart or
appropriates a part of the whole property of the
judgment debtor for purposes of the execution sale.
Material Data Rule provides that the notice of
appeal must also be accompanied by a statement of
the material dates showing the timeliness of the
appeal.
Memorandum Decision is one rendered by an
appellate court which incorporates by reference the
findings of fact and conclusions of law contained in
the decision of the lower court (Sec. 24, Interim Rules
for Memorandum Decision).
Mistake generally refers to mistakes of fact or law
where in good faith, the defendant was misled in a
case
Necessary parties or those who are not
indispensible but ought to be joined as parties if
complete relief s to be accorded as to those already
parties or for a complete determination or settlement
of the claim subject of the action (may or may not
joined)
Negative Defenses refer to specific denials of the
material facts or facts alleged in the pleading of the
claimant essential to his cause of action.
New Trial is the rehearing of a case already decided
by the court but before the judgment rendered
thereon becomes final and executory, whereby errors
of law or irregularities are expunged from the record
or new evidence is introduced, or both steps are
taken.
Newly discovered evidence may and does
commonly refer to evidence already in existence prior
or during trial but which could not have been secured
and presented during the trial despite reasonable
diligence on the part of the litigant.
one of the solidary debtor.
Ordinary Appeal is an appeal by notice of appeal
from a judgment or final order of a lower court on
questions of fact and law.
Original Jurisdiction is the power of the court to
take judicial cognizance of a case instituted for
judicial action for the first time under the conditions
provided by law.
Partial Specific Denial is that denial which is part
admission and part denial.
Partition is the process of diving and assigning
property owned in common among the various co-
owners thereof in proportion to their respective
interests in said property.
Personal Service is done by presenting the original
copies thereof, plainly indicated as such to the clerk
of court.
Petition for relief is an equitable remedy and is
allowed only in exceptional cases from final
judgments or orders where no other remedy is
available. It will not be entertained when the proper
remedy is appeal or certiorari. (Fajardo vs. Bayona).
Plain, speedy and adequate remedy is one which
will promptly relieve the petitioner from the injurious
effects of the judgment and the acts of the lower court
or agency.
Plaintiff is one having an interest in the matter of the
action or in obtaining the relief demanded. The term
may also refer to the following: (1) Claiming Party; (2)
Counter-claimant; (4) Cross-claimant; or (5)
Third(fourth, etc.) party claimant
Pleadings are the written statements statement of
the respective claims and defenses of the parties
submitted to the court for appropriate judgment.
Preliminary Attachment is a provisional remedy
issued upon order of the court where an action is
pending to be levied upon the property of the
defendant so that it may be held as security for the
satisfaction of whatever judgment may be rendered in
the case (Davao Light and Power, Inc. vs. CA, 204
SCRA 343).
Preliminary Injunction is an order granted at any
stage of an action or proceeding prior to the judgment
requiring a party or a court, agency or a person to Real Party-in-Interest is the party who stands to be
refrain from a particular act or acts. benefitted or injured by the judgment in the suit or the
party entitled to the avails of the suit.
Preliminary Mandatory Injunction is an order
requiring the performance of a particular act or acts. Receiver is a person appointed by the court on
behalf of all the parties to an action for the purpose of
Pre-trial is a mandatory conference and personal preserving the property involved in the suit and to
confrontation before the judge between the parties protects the rights of all the parties under the
and their respective counsel.
direction of the court (Mallari vs. CA, G.R. No. L-
Principle of Seniority of Liens is where the
26467, July 15, 1981).
property attached by the judgment creditor had
previously been mortgaged, the judgment creditors
Relator is a person whose request and upon whose
lien is inferior to that of the mortgagee which must
relation the Solicitor General or public prosecutor
first be satisfied in the event of foreclosure. In reality,
brings an action for quo warranto with the permission
what was attached by the judgment creditor was
of the court under Sections 3 & 4.
merely the judgment debtors right or equity of
redemption (Top Rate International Services Inc. vs.
Replevin Bond is simply intended to indemnify the
IAC, G.R. No. 67496, July 7, 1986).
defendant against loss that he may suffer by being
compelled to surrender the possession of the
Pro forma motion is one where the movant fails to
disputed property pending trial of the action.
make reference to the testimonial and documentary
evidence or record or the provisions of law alleged to
Reply is the response of the plaintiff to the
be contrary to the trial courts conclusion as well as
defendants answer, the function of which is to deny
the reasons thereof or there is no affidavit of merit.
or allege facts, in denial or in avoidance of new
The period to appeal is not interrupted by the filing of
matters alleged by way of defense in the answer and
such motion for new trial.
thereby joins or makes issue as to such new matters.
Promulgation refers to the process by which a
Representative parties or those acting in fiduciary
decision is published, officially announced, made
capacity such as trustees, guardians, executors or
known to the public or delivered to the clerk of court
administrators. The beneficiary shall be included in
for filing, coupled with notice to the parties or their
the title of the case and shall be deemed to be the
counsel.
real party in interest
Provisional Remedies are temporary, auxillary and
Res Judicata is a rule that a final judgment rendered
ancillary remedies available to a litigant for the
by a court of competent jurisdiction on the merits is
protection and preservation of his rights while the
conclusive as to the rights of the parties and their
main action is pending (Riano, Civil Procedure, 2007
privies, and, as to them, constitutes an absolute bar
Ed., p. 436).
to a subsequent action involving the same claim,
demand or causes of action. it requires (1) a final
Public Policy Principle provides for the the
judgment or order; (2) jurisdiction over the subject
inalterability of a final and executory judgment. The
matter and the parties by the court rendering it; (3)
decisions of the court must be immutable at some
judgment upon the merits; and (4) between the two
definite period of time, no matter how erroneous a
cases: (a) there is identity of parties; (b) identity of
judgment may be. Otherwise, there would be no end
subject matter; and (c) identity of cause of action.
to litigation.

Quasi parties or those in whose behalf a class or Retroactivity Rule is the rule that provides that the
representative suit is brought. Rules of Court does not have retroactive effect.

Quo Warranto literally means by what authority is
a prerogative proceeding or writ issued by the court
to determine the right to the use or exercise of an
office, position or franchise and to oust the person
holding or exercising such office, position or franchise
if his right is unfounded or if he had forfeited his right
to enjoy the privilege.
Rule on Prior or Contemporaneous Service
prescribes that levy shall not be made unless
preceded or contemporaneously accompanied by: (1)
service of summons; (2) a copy of the complaint; (3)
application for attachment; (4) affidavit and bond of
the applicant; and (4) order and writ of attachment.
Separate judgment is one rendered by a court
disposing of a claim, among several others,
presented in a case after determination of the issues
material to a particular claim and all counterclaims
arising out of transaction or occurrence, which is the
subject matter of said claim.
Service is the act of providing a party with a copy of
the pleading or paper concerned.
Several judgment is one rendered by a court
against one or more defendants and not against all of
them leaving the action to proceed against the others.
Severance contemplates a single action having a
number of claims, counterclaims, cross-claims, third-
party complaints, or issues which may be separately
tried (Section 2, Rule 31).
Single-Motion Rule is where a party shall not be
allowed to file a second motion for reconsideration of
judgment or final order.
Solidary debtor is neither an indispensable nor a
necessary party in a suit brought by a creditor against
Special Judgment is one which can only be
complied with by the judgment obligor because of his
personal qualifications or circumstances.
Special/Limited Jurisdiction restricts the courts
jurisdiction only to particular cases and subject to
such limitations as may be provided by the governing
law.
Specific Absolute Denial - By specifically denying
the averment and, whenever practicable, setting forth
the substance of the matters relied upon for such
denial
Stare Decisis means the decision of the court
should stand as precedents for future guidance.
Status Quo means the last actual, peaceable,
uncontested status which precedes the pending
controversy (Rodulfa vs. Alfonso, 76 Phil. 225).
Status Quo Order is not a TRO. It is more in the
nature of a cease and desist order. It has no specified
duration and does not specifically direct the
performance of an act. It lasts until it is revoked. Its
duration may even be the subject to agreement of the
parties. NO bond is required for its issuance (Riano,
2009, Bar 2006).
Statutory courts are those created, organized and
with jurisdiction exclusively determined by law.
Accordingly, all other courts in the Philippines are
statutory courts.
Subpoena Ad Testificandum is a process directed
to a person requiring him to attend and to testify at
the hearing of the trial of an action, or at any
investigation conducted by competent authority or for
the taking of his deposition.
Subpoena Duces Tecum is a process directed to a
person requiring him to bring with him
books/documents, or other things under his control.
Substantial Compliance Rule is the principle
prescribing that Rule 46 applies to actions for
certiorari filed in the Court of Appeals but Rule 65
generally supplements the same. Mere duplicate
originals are sufficient under Rule 46 even if Rule 65
requires only certified true copies. (Republic vs.
Carmel Development, Inc. G.R. no. 142572, Feb. 20,
2002).
Summary judgment is a judgment rendered by a
court without trial if it is clear that there exists no
genuine issue or controversy as to any material fact,
except as to the amount of damages.
Summons is the writ by which the defendant is
notified of the action brought against him.
Supersedeas Bond is one filed by a petitioner and
approved by the court before the judgment becomes
final and executory and conditioned upon the
performance of the judgment appealed from in case it
be affirmed wholly or in part. It guarantees
satisfaction of the judgment in case of affirmance on
appeal. It does not answer for damage to property
pending the appeal.
Supervening Fact Doctrine provides that equitable
grounds like a change in situation of the parties which
makes execution inequitable.
Supplemental Answer is proper if the counterclaim
or cross-claim matures or is acquired after the
answer is filed.
Support Pendente Lite is an amount of support
provisionally fixed by the court in favor of the person
or person entitled thereto during the pendency of an
action for support.
Territorial Jurisdiction refers to the geographical
area within which a courts power maybe exercised.
This assumes importance in criminal cases wherein
the considerations f the territory vis--vis the locus of
the crime determine not only the venue of the case
but the jurisdiction
Third Party Complaint is a claim that a defending
party may, with leave of court, file against a person
not a party to the action for contribution, indemnity,
subrogation or any other relief (CISA), In respect of
his opponent's claim. There could be also be a fourth,
etc. - party complaint with the same purpose and
function.
Trial is the judicial process of investigating and
determining the legal controversies, starting with the
production of evidence by the plaintiff and ending with
his closing arguments.

Ultimate facts refer to the essential facts

constituting the plaintiffs cause of action.

Unsigned pleading produces no legal effect.

However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the
same was due to inadvertence and not intended for
delay

Venue is the place of trial or geographical location in

which an action or proceeding should be brought.
When judgment requires the performance of any act
other than judgment for money and judgments for
specific act, a certified copy of the judgment shall be
attached to the writ.

Without Jurisdiction is where the respondent, being

clothed with the power to determine the case,
oversteps his authority as determined by law.

Writ of Certiorari is a writ emanating from a

superior court directed against an inferior court,
tribunal, or officer exercising judicial or quasi-judicial
functions. the purpose of which is to correct errors of
jurisdiction.

Writ of execution is a judicial writ issued to an

officer authorizing him to execute the judgment of the
court.

Writ of Mandamus is a writ issued in the name of

the State, to an inferior tribunal, corporation, board or
person, commanding the performance of an act
which the law enjoins as a duty resulting from an
officer, trust or station.

Writ of Prohibition is a writ issued by a superior

court and directed against an inferior court,
corporation, board, officer or other person whether
exercising judicial, quasi-judicial or ministerial
functions for the purpose of preventing the latter from
usurping jurisdiction with which it is not legally vested.

RULES ONtheEVIDENCE
Trier of fact that the burdened party is entitled to
Absolute Disqualification: A person is forbidden to
testify on any matter.
Admissibility: any communication or spoken word,
or the existence, contents, substance, purport, effect,
or meaning of the same or any part thereof, or any
information therein contained, obtained or secured by
any person in violation of this Act shall be
inadmissible in evidence in any judicial, quasi-judicial,
or administrative hearing or investigation.
Admissible Evidence: one that is not excluded by
law or the Rules statute or the Constitution.
Alibi: must be established by positive, clear and
satisfactory evidence. To be exonerating, the defense
of alibi must be so airtight that it would be admit of no
exception
Ancient document: is said to be in proper custody if
it is in the place in which and under the care of the
person with whom it would naturally be
Assignor: pertains to the assignor of a cause of
action which has already arisen and not the assignor
of a right before any cause of action accrued.
Asymmetric or public cryptosystem: means a
system capable of generating a secure key pair,
consisting of a private key for creating a digital
signature, and a public key for verifying the digital
signature.
Authentication: means the process of PROVING the
due execution and genuineness of the document.
Best Interest of the Child: the totality of the
circumstances and conditions as are most congenial
to the survival, protection and feelings of security of
the child and most encouraging to his physical,
psychological and emotional development. It also
means the least detrimental available alternative for
safeguarding the growth and development of the
child.
Burden of Evidence: is the logical necessity on a
party during a particular time of the trial to create a
prima facie case in his favor or to destroy that created
against him by presenting evidence
Burden of going forward : is that of producing
evidence.
Burden of persuasion: is the burden of persuading
prevail
Burden of Proof/Risk of Non-Persuasion:is the
duty of a party to present evidence on the facts in
issue necessary to establish his claim or defense by
the amount of evidence required by law.
Chain of Custody: means the duly recorded
authorized movements and custody of seized drugs
or controlled chemicals or plant sources of dangerous
drugs of laboratory equipment of each stage, from the
time of seizure/confiscation to receipt on the forensic
laboratory to safekeeping to presentation in court for
destruction. Such recorded of movements and
custody of seized item shall include the identity and
signature of the person who held temporary custody
of the seized item, the date and time when such
transfer of custody were made in the course of
safekeeping and used in court as evidence.
Character: is the aggregate of the moral qualities
which belong to and distinguish an individual person.
Child witness: is any person who at the time of
giving testimony is below eighteen (18) years. In child
abuse cases a child includes one over eighteen (18)
years but is found by the court as unable to fully take
care himself or protect himself from abuse, neglect,
cruelty, exploitation, or discrimination because of a
physical or mental disability or condition
Circumstantial Evidence: proof of fact or facts from
which, taken either singly or collectively, the existence
of the particular fact in dispute may be inferred as a
necessary or probable consequences
Collateral matters: refer to matters other than the
fact in issue. These are matters outside the
controversy, or are not directly connected with the
principal matter or issue in dispute, as indicated in the
pleadings of the parties.
Competent Evidence: Evidence is competent when
it is not excluded by law in a particular case.
Conclusive Evidence: evidence which is
incontrovertible or one which the law does not allow
to be contradicted.
Conclusive Presumption (juris et de jure):
presumption of law that is not permitted to be
overcome by any proof to the contrary
Concomitant: those accompanying the facts in issue
and pointing to it. (e.g. alibi, opportunity,
incompatibility)
Confession: declaration of the accused
acknowledging his guilt of the offense charged or of
any offense necessarily included therein.
Corpus delicti: actual commission by someone of
the particular crime charged
Corroborative Evidence: additional evidence of a
different kind and character from that already given,
tending to prove the same point.
Credible Evidence : not only admissible evidence
but also believable and used by the court in deciding
a case. Evidence is credible if worthy of belief.
Cross-Examination: most reliable and effective way
known of testing the credibility and accuracy of
testimony
Cumulative Evidence: additional evidence of the
same kind and character proving the same fact.
Custodial Investigation: questioning initiated by the
law enforcement officers after a person has been
taken in to custody or otherwise deprived of his
freedom of action in any significant way.
Developmental level: refers to the specific growth
phase in which most individuals are expected to
behave and function in relation to the advancement of
their physical, socio-emotional, cognitive, and moral
abilities
Digital Signature: refers to an electronic signature
consisting of a transformation of an electronic
document or an electronic data message using an
asymmetric or public cryptosystem such that a
person having the initial untransformed electronic
document and the signers public key can accurately
determine:
Direct Evidence: evidence which proves the fact in
dispute without the aid of any inference or
presumption.
Direct Examination: examination-in-chief of a
witness by the party presenting him on the facts
relevant to the issue.
Disputable Presumptions (juris tantum) : which
the law permits to be overcome or contradicted by
proofs to the contrary; otherwise, the same remains
satisfactory.
DNA (Deoxyribonucleic Acid): the chain of
molecules found in every nucleated cell of the body.
DNA Testing: verified and credible scientific methods
which include the extraction of DNA from biological
samples, the generation of DNA profiles and the
comparison of the information obtained from the DNA
testing of biological samples for the purpose of
determining, with reasonable certainty, whether or not
the DNA obtained from two or more distinct biological
samples originates from the same person (Direct
Identification) or if the biological samples originate
from related persons (Kinships Analysis)
Doctrine of Adoptive Admission: An adoptive
admission is a partys reaction to a statement or
action by another person when it is reasonable to
treat the partys reaction as an admission of
something stated or implied by the other person
Doctrine of Completeness: A dying declaration to
be admissible must be complete in itself. To be
complete in itself does not mean that the declarant
must recite everything that constituted the res gestae
of the subject of his statement of any given fact
should be a full expression of all that he intended to
say as conveying his meaning in respect of such
fact.
Doctrine of Incomplete Testimony: When cross-
examination cannot be done or completed due to
causes attributable to the party who offered the
witness, the incomplete testimony is rendered
incompetent and should be stricken from the record.
Doctrine of Processual presumption: Lays down
the presumption that the foreign law is the same as
the law of the forum. It arises if the foreign law,
though properly applicable, is either not alleged, or
not alleged, or if alleged, is not duly proved before a
competent court.
Doctrine of the Fruit of the Poisonous Tree:
posits that all evidence (the fruit) derived from an
illegal search (the poisonous tree) must be
suppressed.
Document: a deed, instrument or other duly
authorized paper by which something is proved,
evidenced or set forth
Notarial Documents: is one which is duly
acknowledge before a notary public.
Documentary Evidence: supplied by written
instruments or derived from conventional symbols
and letters by which ideas are represented on
materials substances.
Dying Declaration: The ante mortem statements
made by a person after the mortal wound has been
inflicted under the belief that death is certain, stating
the facts concerning the cause of and the
circumstances surrounding the attack.
Ei incumbit probatio qui dicit, no qui negat: He
who asserts, not he who denies, must prove.
Electronic Data Message: refers to information
generated, sent, received, or stored by electronic,
optical or similar means.
Electronic Document: refers to information or the
representation of information, data, figures, symbols
by which a fact may be proved and affirmed, which a
fact may proved and affirmed, which is received ,
recorded, transmitted, stored, processed, retrieved or
produce electronically.
Electronic Signature: refers to any distinctive mark,
characteristic and/or sound i9n electronic form,
representing the identity of a person and attached to
or logically associated with the electronic data
message or electronic document or any methodology
or procedures employed or adopted by a person and
executed or adopted by such person with the
intention of authenticating or approving an electronic
data message or electronic document.
Equipoise Rule: where the evidence gives rise to
two probabilities, one consistent with defendants
innocence and another indicative of his guilt, that
which is favorable to the accused should be
considered.
ESTOPPEL BY DEED: when the tenant is not
permitted to deny the title of his landlord at the time of
the commencement of the relation of landlord and
tenant between them.
ESTOPPEL IN PAIS: is whenever a party has, by
his own declaration, act or omission, intentionally and
deliberately led another to believe a particular thing to
be true and to act upon such belief, he cannot, in any
litigation arising out of such declaration, act or
omission, be permitted to falsify it.
Evidence: is the means, sanctioned by the
Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter of
fact.
Evidence Aliunde (Extrinsic Evidence): It may
refer to a testimonial, real or documentary evidence.
Exclusionary Rules: these are commonly used for
evidence excluded by the Constitution. In its simplest
form, these rules are applied to cases where the
challenge evidence is quite clearly direct or primary in
its relationship to the prior arrest or search
Expert Evidence: is the testimony of one
possessing in regard to a particular subject or
department of human activity, knowledge which is not
usually acquired by other persons.
Extra-Judicial Confession: is one made in any
other place or occasion and cannot sustain a
conviction UNLESS its voluntariness is proven and
UNLESS corroborated by evidence of the corpus
delicti.
Extrinsic or Patent Ambiguity: ambiguity is
apparent on the face of the writing itself and requires
something to be added in order to ascertain the
meaning of the words used.
Facilitator: means a person appointed by the court
to pose questions to a child. The facilitator may be a
child psychologist, psychiatrist, social worker,
guidance counselor, teacher, religious leader, parent
or relative.
Factum Probandum: the ultimate fact or proposition
sought to be established
Factum Probans: the material evidencing the
proposition. It is evidentiary fact by which the
FACTUM PROBANDUM is established.
Falsus in uno, Falsus in omnibus: False in one
thing, false in everything
Flight: from the scene of the crime is a
circumstantial evidence which is admissible against
him and, if not explained in a manner consistent with
his innocent, is to be considered as tending to show
that he was the person who committed the deed.
Hearsay: are those which are considered as hearsay
and therefore inadmissible. This occurs when the
purpose for introducing the out-of-court statement is
to prove the truth of the facts asserted therein
Hostile Witness: A witness maybe considered as
unwilling or hostile only if so declared by the court
upon adequate showing
Impeach a witness: means to discredit the witnesss
testimony. It is a fundamental right on the cross-
examination. Since the witnesss credibility is always
in issue it is never beyond the permissible scope of
cross examination
Interlocking Confessions: is when the accused
voluntarily and independently executed identical
confession without collusion, and corroborated by
other evidence
Intermediate Ambiguity: where the ambiguity
consists in the use of equivocal words designation
the person or subject matter, parol evidence of
collateral or extrinsic matter may be introduced for
the purpose of aiding the court in arriving at the
meaning of the language used
Intrinsic or Latent Ambiguity: when the writing on
its face appears clear and unambiguous but there are
collateral matters or circumstances which make the
meaning uncertain.
Judicial admission: is an admission, verbal or
written, made by a party in the course of the
proceedings.
Judicial Confession: is one made by the accused
before a court in which the case is pending and or the
course of legal proceedings therein and by itself, can
sustain a conviction.
Laches: failure or neglect for an unreasonable and
unexplained length of time, to do that which, by
exercising due diligence, could or should have been
done earlier; it is negligence or omission to asserts a
right within reasonable length of time warranting a
presumption that the party entitled to assert it either
has abandoned or declined to assert it
Leading Question: is one which suggests to the
witness the answer which the examining party
desires
Material Evidence: evidence directed to prove a
fact in issue as determined by the rules of substantive
law and pleadings.
Matters Prohibited: those occurring in the presence
and within the hearing of the decedent to which he
might testify of his personal knowledge if he were
alive.
Misleading Questions: is one which assumes as
true a fact not yet testified to by the witness, or
contrary to that which he has previously stated
Mistake of fact: is a mistake and not caused by the
neglect of a legal duty on the part of the person
making the mistake.
Mistake of law: happens when a party having full
knowledge of the facts, comes to an erroneous
conclusion as to their legal effect.
Negative Evidence: when a witness states that he
did not see or know of the occurrence of a fact and
there is total disclaimer of personal knowledge.
Non-human Evidence: is the testimony of a witness
as to statements made by non-human declarants
Objective evidence: evidence directly addressed to
the senses of the court and is capable of being
exhibited to, examined or viewed by the court. Also
known as autoptic proference or real or physical
evidence.
Objects made unique : are objects that are made
readily identifiable
Opinion: is an inference or conclusion drawn from
facts observed
Ordinary Opinion Evidence: is that which is given
by a witness who is of ordinary capacity and who has
by opportunity acquired a particular knowledge which
is outside the limits of common observation and
which may be of value in elucidating a matter under
consideration.
Paraffin Tests: are inconclusive, the absence of
powder burns in a suspects hand is NOT
CONCLUSVE PROOF that he has not fired a gun. In
fact, the traces of nitrates can easily be removed by
the simple act of wishing ones hand.
Parol Evidence: Any evidence aliunde which is
intended or tends to vary or contradict a complete
and enforceable agreement embodied in a document.
Parol evidence cannot be used to ratify or
supplement a void contract.
PEDIGREE: includes relationship, family genealogy,
birth marriage, death, the dates when and the places
where these facts occurred and the names of the
relatives. It embraces also facts of family history
intimately connected with pedigree.
Polygraph: is an electromechanical instrument that
simultaneously measures and records certain
physiological changes in the human body that are
believed to be involuntary caused by an examinees
conscious attempt to deceive the questioner
Positive Evidence: when the witness affirms that a
fact did or did not occur, it is entitled to greater weight
since the witness represents of his personal
knowledge the presence or absence of a fact.
Praesumptiones Hominis: It is a deduction which
reason draws from facts proved without an express
direction from the law to that effect.
Praesumptiones Juris: it is a deduction which the
law expressly directs to be made from particular
facts.
PRESUMPTION: is an inference as to the existence
or non-existence of a fact which courts are permitted
to draw from the proof of other facts.
Presumption of Suppression of Evidence: The
natural conclusion is that the proof if produced,
instead of rebutting would support the inference
against him and the court is justified in acting upon
that conclusion.
Prima Facie Evidence: that which, standing alone
unexplained or uncontradicted is sufficient to maintain
the proposition affirmed.
Primary or Best Evidence : Evidence which affords
the greatest certainty of the fact in question.
Principal Object: is to prevent injustice to the
witness and the party who has called him by affording
an opportunity to the witness to explain or amplify the
testimony which he has given on cross-examination
or to explain any apparent contradiction or
inconsistency in his statements, an opportunity which
is not ordinarily afford him during his cross-
examination.
Principle of Falsa Demonstratio non nocet cum
de corpora constat: An erroneous description
does not spoil the act.False description does not
injure or vitiate a document, provided that the thing or
person intended has once been sufficiently describes.
Principle of Res Inter Alios Acta Alteri Nocere
Non Debet : Things done between strangers ought
not to injure those who are not parties to it.
Private writing: is not self-authenticating. It requires
proof of their due execution and authentication before
they can be received in evidence.
Privies: refers to those who have mutual or
successive relationship to the same rights of property
or subject matter such as personal representatives,
heirs, devisees, legatees, assigns, voluntary
guarantees, judgment creditors or purchasers from
them with notice of the facts.
Probative value of a notarial document: is
evidence of the evidence of the facts expressed
therein.
Proof: is the establishment of a requisite degree of
belief in the mind of the Trier of fact as to the fact in
issue.
Prospectant / Antecedent: those preceding the fact
in issue but pointing forward to it. (e.g. moral
character, motive, conspiracy)
Public document: is a document in the execution of
which a person in authority or a notary public takes
part..
Rebuttal Evidence: is that kind which is given to
explain, repel, counteract or disprove facts given in
evidence by the adverse party. It is evidence in denial
of some affirmative case or fact which the adverse
party has attempted to prove.
Relative Disqualification: A person is forbidden to
testify only on certain matters specified under
Sections 23 and 24 of Rule 130 due to interest or
relationship or to privileges of other parties
Relevant Evidence: evidence having value in
reason as tending to prove any matter provable in an
action.
Reliability: is furnished by the fact that regularly kept
records typically have a high degree of accuracy.
Res Gestae : literally means things done; it includes
the circumstances, facts, and declarations incidental
to the main factor transaction necessary to illustrates
its character and also includes acts, words or
declarations which are closely connected therewith
as to constitute part of the transaction.
Res Ipsa Loquitur (The things speaks for itself): A
maxim for the rule that the fact of the occurrence of
an injury, taken with the surrounding circumstances,
may permit an inference or raise a presumption of
negligence, or make out a plaintiffs prima facie case,
and present a question of fact for the defendant to
meet with an explanation.
Retrospectant or subsequent: those succeeding
the fact in issue but pointing backward to it. (e.g.
flight, concealment, fingerprints, bloodstains)
Right Against Self-Degradation: a right not to give
an answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to a fact from
which the fact at issue would be presumed. But a
witness must answer to the fact of his previous final
conviction for an offense.
Right Against Self-Incrimination: a right not to give
an answer which will lead to tend to subject him to a
penalty for an offense unless otherwise provided by
law;
Rules of Exclusion these are governed by the
rules of evidence.
Secondary or Substitutionary Evidence: evidence Unique objects: are objects that are made ready
which is inferior to primary evidence and admissible identifiable marks e.g. a caliber 38 revolver with a
only in the absence of the latter. serial number,

Self-serving Declaration : refers to one which has
been made extra-judicially by the party to favor his
interest. It is not admissible in evidence because they
are inherently untrustworthy and would open the door
to fraud and fabrication of testimony.
Shorthand rendering of facts: This is also known
as instantaneous conclusions of the mind. The
witness may testify on his impression of the emotion,
behavior, condition and appearance of a person
STATE OF WITNESS: is a person who has
participated in the commission of a crime and desires
to be the witness for the state shall be admitted into
the program
Support Person: is a person chosen by the child to
accompany him to testify at or attend a judicial
proceeding or deposition to provide emotional
support for him
Verbal Facts: are statements accompanying an
equivocal act material to the issue, and giving it a
legal significance
Voir Dire Examination: a preliminary examination
conducted by the trial judge where witness is duly
sworn to answer as to his competency
Weight of evidence: is the probative value or credit
that the court gives to particular evidence admitted to
prove a fact in issue
Weight of expert testimony: It depends upon the
assistance he may afford in pointing out
distinguishing marks, characteristics and
discrepancies in and between genuine and false
specimens of writings which would ordinarily escape
notice or detection by an untrained observer.

Sur-rebuttal Evidence: is a reply to rebuttal

evidence. When the plaintiff in rebuttal is permitted to
introduce new matter, defendants should be
permitted to introduce evidence in Sur-rebuttal, and
to decline to permit him to do so is error, especially
when the evidence in Sur-rebuttal is for the first time
made competent by the evidence introduced by the
plaintiff in rebuttal, but defendant should ask for the
right to meet the new matter.

SUSTANTIAL EVIDENCE: Factual findings of

quasi-judicial agencies which have acquired expertise
in specific maters within their jurisdiction are
generally accorded not only respect but at all times
even finality, if such findings are supported by
substantial evidence.

Testimonial Evidence: is verbal or oral evidence. It

is evidence which consist of the narration or
deposition by one who has observed or has personal
knowledge of that of that to which he is testifying.

The por lo que puedo valer principle: The

doctrine refers to a situation where the evidence of
the parties are evenly balanced or there is doubt on
which side the evidence preponderates.

The Good Samaritan Rule: An offer to pay or the

payment of medical, hospital and other expenses
occasioned by injury is not admissible in evidence as
proof of civil and criminal liability for the injury
The Supreme Court encourages the admission of
borderline evidence for whatever it is worth

SPECIAL
PROCEEDINGSno correction must involve in the change of
Absolute Claim -is such a claim as, if contested
between living people, would be proper subject of
immediate legal action and would supply a basis
judgment for sum certain.
Actual Controversy- a controversy which is definite
and concrete, touching the legal relations of parties
having adverse legal interests. It must be a real and
substantial controversy admitting of a specific relief
through a decree of a conclusive character, it means
an existing case or controversy that is appropriate or
ripe for determination not conjectural anticipatory
Adoption- is a juridical act, a proceeding IN REM,
which creates between two persons a relationship is
similar to that which results from legitimate paternity Deficiency Judgment judgment rendered by the
and filiation.
Administrator, regular or special (Rule 80) - the
one appointed by the Court in accordance with the
Rules or governing statutes to administer and settle
the intestate.
Administrator with a will annexed (Rule 79,
Section 1) the one appointed by the court in cases
when, although there is a will does not appoint any
executor, or if appointed, said person is either
incapacitated or unwilling to serve as such.
AFFIDAVIT OF SELF ADJUDICATION It is an
affidavit required by Sec. 1 of Rule 74 to be executed
by the sole heir of a deceased person in adjudicating
to himself the entire estate left by the decedent
Allowance -refers to the monetary advances which
are subject collation and are likewise deductible from
their share in the estate of the decedent.
Belated Claims -are claims not filed within the
original period fixed by the court. On application of a
creditor who has failed t file his claim within the time
previously limited at ANY TIME BEFORE an order of
distribution is entered, the court may , for cause
shown and on such items to be filed within are
equitable, allow such claim to be filed within a time
NOT EXCEEDING 1 MONTH from the order allowing
belated claims.
Clerical or typographical error - refers to a
mistake committed in the performance of clerical
work in writing, copying, transcribing or typing and
entry in the civil register that is harmless and
innocuous, such as a misspelled name or misspelled
place of birth or the like, which is visible to the eyes
or obvious to the understanding and can be
corrected or changed only by reference to other
existing record or records: Provided. however. That
nationality, age, status or sex of the petitioner.
(Sec 2(3) RA 9048).
Contempt -is disobedience to the court by acting in
opposition to its authority, justice and dignity. It
signifies not only in a willful disregard or disobedience
of the courts orders but also conduct tending to bring
the authority of the court and the administration of law
into disrepute or, in some manner, to impede the due
administration of justice (Siyvs NLRC, G.R. No.
158971, August 25, 2005)
Contingent Claim -is a conditional claim or claim
that is subject to the happening of a uncertain event.
court holding defendant liable for any unpaid balance
due to the mortgagee if the proceeds from the
foreclosure sale do not satisfy the entire debt.
Eminent Domain-is the right and authority of the
State, as sovereign, to take private property for public
use upon observance of due process and payment of
just compensation (Visayan Refining Co, 1919
Camus G.R. No. 15870, December 3, 1919).
Enforce Disappearances arrest, detention or
abduction of a person by a government officer or
organized groups or private individuals acting with
direct or indirect acquiescence of the government;
refusal of the state to disclose the fate or
whereabouts of the person concerned or refusal to
acknowledge the deprivation of liberty which places
such person outside the protection of law.
Equity of Redemption right of the defendant
mortgagtor to extinguish the mortgage and retain
ownership of the property by paying the secured debt
within the 90 to 120 days period after the netry or
judgment or even after the foreclosure sale but prior
to its confirmation.
Escheats -is the proceeding where by the real and
personal property of a deceased person in the
Philippines, who dies without leaving any will or legal
heirs, becomes the property of the state upon his
death.
Excess of Jurisdiction- is where the respondent,
being clothed with the power to determine the case,
oversteps his authority as determined by law
Executor the one named by the testator in his will
for the administration of his property after his death.
Extrajudicial Settlements- a proceeding where the
decedent had left no wills and the heirs adjudicate the
estate among themselves without seeking letters of
administration
Extralegal Killings killings committed without due
processof law (e.g.salvage, summary and arbitrary
executions).
Foreclosure of Mortgage -is a proceeding in a
court of justice conducted according to legal forms by
which the mortgagee or his successors or one who
has by law succeeded to the rights and liabilities of
the mortgagee undertakes to dispose of, to ban, to
cut-off the legal and equitable claims of lien holders
or of the mortgagors or those who have succeeded to
the rights and liabilities of the mortgagor.
Forcible entry- A person deprived of possession of
any land or building by force , Intimidation , threat ,
strategy or stealth
GENERAL GUARDIAN one appointed to have
the care and custody of the person and of all the
property of the ward. (Herrera, p. 237)
Grave Abuse of Discretion is where the
respondent acts in a capricious,whimsical, arbitrary or
despotic manner in the exercise of his judgment as to
be said to be equivalent to lack of jurisdiction. The
abuse of discretion must be so patent and gross as to
amount to an evasion of positive duty or to a virtual
refusal to perform a duty enjoined by law, as where
the power is exercised in an arbitrary and despotic
manner by reason of passion or personal hostility.
Guardian isa person in whom the law has
entrusted the custody and control of the person or
estate or both of an infant, insane or other person
Incapable of managing his own affairs (Herrera, p.
235).
GUARDIAN AD LITEM appointed by courts of
justice to prosecute or defend a minor, insane or
person declared to be incompetent, in an action in
court.
GUARDIAN OF THE PERSON one who has
been lawfully invested with the care of the person of
the minor.
GUARDIAN OF THE PROPERTY one appointed
to have the management of the estateof a minor or
incompetent;
INTERESTED PARTY- is one who would be
benefited by the estate, such as an heir, or one who
has claim against the estate, such as creditor
(Sumilang vs. Ramagosa, L- 23135, December 26,
1967).
Interpleader- is a special civil remedy where a
person, who has property in his possession or an
obligation to perform, either wholly or partially, but
who claims, no interest in the subject, or whose
interest, in whole or in part, is not disputed by others,
goes to court and ask the conflicting claimants to the
property or obligation be required to litigate among
themselves in order to determine finally who is
entitled to the same
Judgment on Foreclosure- is the judgment of the
court ordering the debtor to pay within 90-120 days
from the entry of judgment after ascertaining the
amount due to the plaintiff.
JUDICIAL GUARDIAN appointed in pursuance to
law, as guardian for insane person, prodigals, minors,
etc. (Herrera, p. 237)
Judicial Function is where the tribunal or person
has the power to determine what the law is, what the
rights of the parties are, and undertakes to determine
these questions and adjudicate upon the rights of the
parties.
Judicial Settlement- Testate or intestate proceeding
instituted in the country where decedent had his
residence or had estate if a non-resident
LEGAL GUARDIAN without need of judicial
appointment;
Letters of Administrative - is an authority; issued
by the court a COMPLEMENT person to administer
the state of the decreased who intestate.
Letters of Administrator with a Will Annexed is
an authority issued by the court to a COMPETENT
person to administer the estate of the decreased if
the executer named in the will refused to accept the
office.
Letters Testamentary is an authority issued to an
executer named in the will to administer to estate.
Liquidation- is the determination of all assets of the
estate and payment of all debts and expenses.
Next of Kin- has been defined as those persons who
are entitled by law to receive the decedents property
(Regalado, Remedial Law Compendium, (2008), p Without Jurisdiction is when the respondent does
46). not have the legal power to determine the case.

- pertains to those relatives who are entitled
to share in the state of the ward under the Law on
Intestate Succession including those who inherit per
stirpesorby right of representation.
Plain, speedy and adequate remedy- is one
which, will promptly relieve the petitioner from the
injurious effects of the judgment and the acts of the
lower court or agency.
Writ of Amparo- A remedy available to any person
whose RIGHT TO LIFE, LIBERTY AND SECURITY
IS VIOLATED OR THREATENED with violation by an
unlawful act or omission of a public official or
employee, or of a private individual or entity.
-It covers extralegal killing and enforced
disappearances or threats thereof (Applicable in
pending cases due to the remedial nature of the writ.)

Preliminary citation- refers to a citation to the
government officer having the person in the custody,
the illegality of which is not patient, to show cause
why the writ of habeas corpus should not issue
Probate-is the act of proving in a court a document
purporting to be the last will and testament of a
deceased person in order that it may be officially
recognized, registered and its provisions carried out
inside insofar as they are in accordance with the
law(also referred to as allowance of the will).
Quo Warranto- literally means by what authority is a
prerogative proceeding or writ issued by the cauta to
determine the right to the use or exercise of an office
position or franchise and to oust the person holding
or exercising such as office, position, or franchise if
his right is unfounded or if he had forfeited his right to
enjoy the privilege
Writ of Certiorari- is a writ emanating from a
superior court directed against an inferior court,
tribunal, or officer exercising judicial or quasi-judicial
functions. The purpose of which is to CORRECT
ERRORS OF JURISDICTION.
WRIT OF HABEAS DATA - A remedy available to
any person whose right to PRIVACY IN LIFE,
LIBERTY OR SECURITY is violated or threatened by
an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged
in the gathering, collecting or storing of data or
information regarding the person, family, home and
correspondence of the aggrieved party. (Section 1).
Writ of Mandamus-is a writ issued in the name of
the State, to an inferior tribunal, corporation, board of
person, COMMANDING THE PERFORMANCE of an
act which the law enjoins as a duty resulting from an
office, trust or station.

Republic Act No. 9048-which was passed by Writ of Prohibition -is a writ issued by a superior
court and directed against an inferior court,
Congress on February 8, 2001 substantially amended
corporation,board, officer, or other person whether
Article 412 of the New Civil Code exercising judicial, quasi-judicial or ministerial
functions for the purpose of PREVENTING THE
Record on Appeal-A judgment directing an LATER FROM USURPING JURISDICTION with
accounting is appealable regardless of whether the which it is not legally vested.
accounting is the principal relief sought or a mere
incident and becomes , final, and executor within the
reglementary period (Miranda vs. CA G.R. No. ;-
33007, June 18, 1976).

Special Proceeding is a remedy by which a party

seeks to establish in a status, a right or a particular
fact (Rule 1, Section 3c).

Statute of Non-Claims is the period fixed by the

rule for the filing of the claims against the estate.

Unlawful detainer - Lessor, vendor, vendee or other

person against whom possession of any land or
building is unlawfully withheld;
-Legal representatives or assigns of
any such lessor, vendor, vendee, or
other person against whom possession
of any land or building is unlawfully
withheld;
 property of inhabitant in two or more cities or
provinces.

Continuing mandamus This is a writ issued by a

court in an environmental case directing any agency
or instrumentality of the government or officer thereof
to perform an act or series of acts decreed by final
judgment which shall remain effective until judgment
SPECIAL LAWS
which shall remain effective until judgment is fully
satisfied.

Precautionary principle This states that when

Pangkat ng Tagapagkasundo This is the
human activities may lead to threats of serious and
conciliation panel, or Pangkat, drawn from the Lupon
irreversible damage to the environment that is
and constituted for a particular case. It is composed
scientifically plausible but uncertain, action shall be
of three (3) members chosen by the parties from the
taken to avoid or diminish that threat.
list of Lupon members.
Alternative Dispute Resolution This is any
Joinder of Claims One or more separate small
process or procedure used to resolve a dispute or
claims against a defendant wherein plaintiff may join
controversy, other than by adjudication of a presiding
in a single statement of claim provided that the total
judge of a court or an officer of a government agency,
amount claimed, exclusive of interest and costs, does
in which a neutral party participates to assist in the
not exceed P 100,000.00.
resolution of issues, which includes arbitration,
mediation, conciliation, early neutral evaluation, mini-
Totality Rule Under this rule, where there are
trial, or any combination thereof.
several claims or causes of actions between eh same
different parties, embodied in the same complaint, the
Early Neutral Evaluation An ADR process where
amount of the demand shall be the totality of the
in parties and their lawyers are brought together early
claims in all the causes of action arose out of the
in a pre-trial phase to present summaries of their
same or different transactions.
cases and receive a nonbinding assessment by an
experienced, neutral person, with expertise in the
Temporary Environmental Protection Order
subject in the substance of the dispute.
(TEPO) This refers to an order issued by the court
directing or enjoining any person or government
a. Mini-Trial A structured dispute resolution method
agency to perform or desist from performing an act in
in which the merits of the case are argued before a
order to protect, preserve or rehabilitate the
panel comprising of senior decision makers with or
environment.
without the presence of a neutral third person after
which the parties seek a negotiated settlement.
Consent decree A judicially-approved settlement
between concerned parties based on public interest
b. Mediation-Arbitration A two-step dispute
and public policy to protect and preserve the
resolution process involving both mediation and
environment.
arbitration;
Strategic Lawsuit Against Public Participation
Mediation This refers to a voluntary process in
(SLAPP) This refers to an action whether civil,
which a mediator, selected by the disputing parties,
criminal or administrative, brought against any
facilitates communication and negotiation, and
person, institution or any government agency or local
assists the parties in reaching a voluntary agreement
government unit or its officials and employees, with
regarding a dispute.
the intent of HARASS, VEX, EXERT UNDUE
PRESSURE OR STIFLE any legal recourse that such
Court-annexed Mediation This refers to any
person, institution or government agency has taken
mediation process conducted under the auspices of
or may take in the enforcement of environmental
the court, after such court has acquired jurisdiction of
laws, protection of the environment or assertion of
the dispute.
environmental rights.
Court-Referred Mediation This refers to a
Writ of Kalikasan This is a writ available to
mediation ordered by a court to be conducted in
natural, or juridical person, or entity authorized by
accordance with the Agreement of the Parties when
law, peoples organization, or non-governmental
an action is prematurely commenced in violation of
organization, or any public interest group accredited
such agreement.
by or registered with any government agency, on
behalf of persons whose constitutional right to a
Conciliation This refers to the adjustment and
balanced and healthful ecology is violated, or
settlement of dispute in a friendly and unantagonistic
threatened with violation by an unlawful act or
manner. It is used in courts before trial with a view
omission of a public official or employee, or private
towards avoiding trial (Blacks Law Dictionary 6 th
individual or entity, involving environmental damage
edition)
of such magnitude as to prejudice the life, health or

Arbitration This refers to a voluntary dispute
resolution process in which one or more arbitrators,
appointed in accordance with the agreement of the
parties, or rules promulgated pursuant to R.A. 9285,
resolve a dispute by rendering an award.
Commercial Arbitration This refers to an
arbitration which covers matters arising from all
relationships of a commercial nature, whether
contractual or not.
Party Autonomy This refers to the reedom of the
parties to make their own arrangements in the
resolution of disputes with the greatest cooperation
of and the least intervention from the courts.
Principle of Competence-Competence The
arbitral tribunal may initially rule on its respect to the
existence or validity of the arbitration agreement or
any condition precedent to the filing of a request for
arbitration.
Principle of Separability of the Arbitration
Clause The arbitration clause shall be treated as
an agreement independent of the other terms of the
contract of which it forms part. A decision that the
contract is null and void shall not entail ipso jure the
invalidity of the arbitration clause (Rule 2.2).
Presumption of regularity An arbitral award shall
enjoy the presumption that it was made and released
in due course of arbitration and is subject to
confirmation by the court.
Disabled child This includes mentally retarded,
physically handicapped, emotionally disturbed and
mentally ill children, children with cerebral palsy and
those with similar afflictions.
Commitment or surrender of a child This is the
legal act of entrusting a child to the care of the
Department or any duly licensed child-placement of
child-caring agency or individual by the court, parent
or guardian or any interested party.
Involuntary committed child This refers to a child
whose parents have been permanently and judicially
deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect; abuse;
or incompetence to discharge parental
responsibilities.
Voluntarily committed child This refers to a child
whose parents knowingly and willingly relinquished
parental authority to the Department or any duly
licensed child-placement or child-caring agency or
individual.
A Child in Conflict with the Law This refers to a
person who at the time of the commission of the
offense is below eighteen (18) years old but not less
than (15) an done (1) day old.
In conflict with the law This means taken into
custody, detained, or changed with the commission of
an act defined and punished as a crime or offense
under the law, including violations of traffic laws, rules
and regulations and ordinances of local government
units.
Initial contact This refers to apprehension or
taking into custody of a child in conflict with the law
by law enforcement officer of private citizens. It
includes the time the child alleged to be in conflict
with the law receives a subpoena under Section 3 (b)
of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section
9(b) of the same Rule in cases that do not require
preliminary investigation, or where there is no
necessity to place the child alleged to be in conflict
with the law under immediate custody.
Presumption of Minority The child in conflict with
the law shall enjoy the presumption of minority and
shall enjoy all the right of a child in conflict with the
law until proven to be eighteen years old or older at
the time of the commission of the offense.
Discernment This means the capacity of the child
at the time of the commission of the offense to
understand the differences between right and wrong
and the consequences of the wrongful act.
Non-Serious Offense This refers to an offense
where the imposable penalty for the crime committed
is not more than six (6) years imprisonment.
Serious offenses This refer to an offense where
the imposable penalty for the offense committed
exceeds six (6) years imprisonment.
Status offenses This refer to offense that
discriminate only against a child, such as curfew
violation, truancy, parental disobedience and the like.
Diversion This refers to an alternative child-
appropriate process of determining the responsibility
and treatment of a child in conflict with the law on the
basis of the childs social, cultural, economic
psychological or educational background without
resorting to formal court adjudication.