Showing posts with label My Law School Life. Show all posts
Showing posts with label My Law School Life. Show all posts

Friday, December 24, 2010

Legal Forms: PETITION FOR ADOPTION OF MINOR

Two friends asked me, "Can I file a petition for adoption of my child?". I said, in filing a petition for adoption, there are two major things to consider: (1) Determine first if you are eligible as adopter, (2) Reasons for adopting the child. I would post the legal requirements sometime soon. The answers are mainly answerable by the Inter-country Adoption Act and Domestic Adoption Act. In the meantime, here is a simple form for Petition of Adoption of Minor.


PETITION FOR ADOPTION OF MINOR


      COMES NOW the petitioners, by the undersigned counsel, and unto this Honorable Court, respectfully aver:

      1. That the petitioners are husband and wife, both of legal age, and residents of _____________________________;

      2. That they have no legitimate children or descendants and hereby desire to jointly adopt a minor, named __________________, who is ___ years of age, legitimate child of _________________;

      3. That the father of said minor is now dead, and only her mother, named _____________, is alive;

      4. That said mother, _________________, is not insane, nor intemperate, nor has she abandoned such minor, and with full knowledge of petitioners' intention hereby expressly gives her written consent to the adoption, as evidenced by Annex "A" hereto attached and made an integral part of this petition;

      5. That the petitioners are qualified to adopt the said minor, and will be able financially and morally, to bring up and educate said minor, properly and adequately.

      WHEREFORE, it is respectfully prayed. that upon due notice and hearing:

      (a) Judgment be entered adjudging that the minor child______________be freed from all legal obligations of obedience and maintenance with respect to her natural parents and that she be declared to all legal intents and purposes, the child of the herein petitioners, and that her surname be changed to that of the petitioners.

      City of Manila, _______________________.



Counsel for the Petitioners
Atty.________
Address__
Date__
Attorney's Roll No.___
IBP No. ____
PTR. No.____
MCLE Compliance No.___

Tuesday, December 14, 2010

Environmental Policies and Procedures

Highlights

(1) citizen suits, (2) consent decree, (3) environmental protection order, (4) writ of kalikasan, (5) writ of continuing mandamus, (6)strategic lawsuits against public participation (SLAPP) and (7) the precautionary principle.

SC Unveils Landmark Rules of Procedure for Environmental Cases

The Supreme Court yesterday promulgated the Rules of Procedure for Environmental Cases which will serve as a significant catalyst in support of sweeping and far-reaching reforms in environmental litigation and protection. The Rules are the first of its kind in the world.

The promulgation of the Rules have been highly-anticipated by both the international and domestic community since the Supreme Court held its widely-commended Forum on Environmental Justice last April 16-17, 2009 simultaneously through video-conferencing at the University of the Cordilleras, Baguio City, University of the Philippines-Visayas, Iloilo City, and Ateneo de Davao University, Davao City. The Forum enabled the Judiciary to receive inputs directly from the different stakeholders in the justice system, primarily aimed at determining ways on how the courts can help in the protection and preservation of the environment. It was supported by various development partners which include the Asian Development Bank (ADB), American Bar Association-Rule of Law Initiative (ABA-ROLI), the Hanns Seidel Foundation, the United Nations Development Program (UNDP), the United States Agency for International Development (USAID), the United States Department of the Interior, and the World Bank.

The 1987 Constitution mandates the right to a healthy environment via Sec. 16, Art. II of the Philippine Constitution which provides that: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” Section 15 of the same Article provides that: “The State shall protect and promote the right to health of the people and instill health consciousness among them.”

Highlights of the Rules include provisions on: (1) citizen suits, (2) consent decree, (3) environmental protection order, (4) writ of kalikasan, (5) writ of continuing mandamus, (6)strategic lawsuits against public participation (SLAPP) and (7) the precautionary principle.

The provision on citizen suits liberalizes standing for all cases filed enforcing environmental laws. Citizen suits have proven critical in forcing government and its agencies to act on its duty to protect and preserve the environment. The terminology of the text reflects the doctrine first enunciated in Oposa v. Factoran (G.R. No. 101083, July 30, 1993). To further encourage the protection of the environment, the Rules enable litigants enforcing environmental rights to file their cases as citizen suits. As a procedural device, citizen suits permit deferred of payment of filing fees until after the judgment

The use of a consent decree is an innovative way to resolve environmental cases. It allows for a compromise agreement between two parties in environmental litigation over issues that would normally be litigated in court, and other matters that may not necessarily be of issue in court.

An environmental protection order refers to an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment. It integrates both prohibitive and mandatory reliefs in order to appropriately address the factual circumstances surrounding the case. This remedial measure can also be prayed for in the writs of kalikasan and continuing mandamus.

Similar to the writs of habeas corpus, amparo and habeas data, the issuance of the writ of kalikasan is immediate in nature. It contains a very specific set of remedies which may be availed of individually or cumulatively, to wit – it is available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. The petition for the issuance of a writ of kalikasan can be filed with the Supreme Court or with any of the stations of the Court of Appeals. Likewise, the summary process leading to the issuance of the writ of kalikasan dispenses with extensive litigation; this facilitates the prompt disposition of matters before the court.

Another innovation is the rule on the writ of continuing mandamus which integrates the ruling in Concerned Residents of Manila Bay v. MMDA G.R. Nos. 171947-48, December 8, 2008) and the existing rule on the issuance of the writ of mandamus. Procedurally, its filing before the courts is similar to the filing of an ordinary writ of mandamus. However, the issuance of a Temporary Environmental Protection Order is made available as an auxiliary remedy prior to the issuance of the writ itself.

As a special civil action, the writ of continuing Mandamus may be availed of to compel the performance of an act specifically enjoined by law. It permits the court to retain jurisdiction after judgment in order to ensure the successful implementation of the reliefs mandated under the court's decision. For this purpose, the court may compel the submission of compliance reports from the respondent government agencies as well as avail of other means to monitor compliance with its decision.

Its availability as a special civil action likewise complements its role as a final relief in environmental civil cases and in the writ of kalikasan, where continuing mandamus may likewise be issued should the facts merit such a relief.

Both petitions for the issuance of the writs of kalikasan and mandamus are exempt from the payment of docket fees.

Since formidable legal challenges may be mounted against those who seek to enforce environmental law, or to assert environmental rights, in light of this, the Rules make available a formidable defense in these by creating a rule on strategic lawsuit against public participation (SLAPP). . These legal challenges may be pre-emptive in character and may be done in order to “chill” the latter.

Another significant aspect of the Rules that derives from the transboundary and temporal nature of ecological injury is the adoption of the precautionary principle. In this context, the precautionary principle finds direct application in the evaluation of evidence in cases before the courts. The precautionary principle bridges the gap in cases where scientific certainty in factual findings cannot be achieved. By applying the precautionary principle, the court may construe a set of facts as warranting either judicial action or inaction, with the goal of preserving and protecting the environment. This may be further evinced from the second paragraph where bias is created in favor of the constitutional right the people to a balanced and healthful ecology.

Some important provisions on criminal procedure can also be found under the Rules.

The rule on bail makes available to the accused the privilege of bail from any court, within and outside the jurisdiction of the court which had issued the warrant of arrest. The immediate availability of bail is intended to obviate long periods of detention.

One important innovation under the rule on bail is the execution of an undertaking by the accused and counsel, empowering the judge to enter a plea of not guilty, in the event the accused fails to appear at the arraignment. This authorization permits the court to try the case in absentia, thereby addressing a fundamental concern surrounding the prosecution of criminal cases in general, where the accused jumps bail and the court unable to proceed with the disposition of the case in view of the absence of the accused and the failure to arraign the latter.

Several environmental advocates have lauded the Supreme Court for serving as the major bulwark for fundamental reforms in environmental protection:

Atty. Antonio Oposa, Jr.: “This is a new day for the life sources of land, air and water. Ordinary citizens like us are now empowered to take legal action where our political leaders will not. We thank the Supreme Court for this truly landmark achievement, the first of its kind in the world. It happened during Chief Justice Puno’s stewardship of the Supreme Court. We salute you, Chief Justice Puno, the entire Supreme Court, and everyone who played a role in the drafting of this milestone for the movement of citizens who care for our sources of life! You have made a great difference and will forever be remembered for this legacy. Mabuhay po kayo!”

Atty. Gloria Estenzo Ramos (Global Legal Action on Climate Change): “A new era of nurturing for our threatened natural support system has ushered in with the Supreme Court’s promulgation of the much awaited Rules on Environmental Cases. This will transform the legal profession and the practice of law in our country and instill a mindset of sustainability among stakeholders, especially the lawyers, government agencies and the corporate sector. Lawyers will become stewards of both the law and the environment. The wide gap existing between the law and reality will narrowed down as the trail-blazing remedies such as the writ of kalikasan, writ of continuing mandamus, citizen suit and anti-SLAPP, afforded to the people, ecological stewards and dedicated civil servants will render the violation or non-compliance of environmental laws a very expensive and tedious option. This legacy of Chief Justice Puno and the justices of the Supreme Court will be enshrined as one of the greatest gifts not just to Filipinos and the future generations of this biodiversity rich nation, but to our climate challenged planet as well. Mabuhay ang SC! Mabuhay si Chief Justice Puno!”

Atty. Roan Libarios (Integrated Bar of the Philippines, Governor): “A.M. No. 09-6-8 is a major breakthrough that will finally bridge the wide gap between Philippine environmental protection laws and their enforcement. Mother Nature will rejoice from the innovative legal weapons created and unleashed for its defense by the SC – the citizens’ right, EPO, writs of kalikasan and continuing mandamus. Truly, no other set of rules can match the potency of A.M. No. 09-6-8 in promoting ‘environmental accountability.’ With its potency, it will energize, if not transform the field of legal advocacy in environmental protection.”

The Sub-committee who finalized the Rules was chaired by Chief Justice Reynato S. Puno, its other members include Justice Presbitero J. Velasco, Jr., Justice Diosdado M. Peralta, Justice Lucas P. Bersmain, Justice Ma. Alicia Austria-Martinez (ret.), Commission on Climate Change Commissioner Mary Ann Lucille L. Sering, Judge Myrna Lim-Verano, and the U.S. Department of Interior’s in-country representative, Atty. Asis G. Perez.

The Rules will take effect within fifteen (15) days following its publication once in a newspaper of general circulation (SC En Banc Resolution dated 13 April 2010 in A.M. No. 09-6-8-SC).


THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES | A.M. No. 08-8-7-SC

Ginawa ang batas na ito para mas mabilis at madaling makasingil sa mga may utang na less than P100,000. na makukunat magbayad

SUPREME COURT
Manila
En Banc
A.M. No. 08-8-7-SC

THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES


RESOLUTION
Acting on the recommendation of the Chairperson, Technical Working Group, Committee on Revision of the Rules of Court, submitting for the consideration and approval of the Court the proposed "The Rule of Procedure for Small Claims Cases," the Court Resolved to APPROVE the same.

The Rule shall take effect on October 01, 2008 following its publication two (2) newspaper of general circulation.

September 9, 2008.

----------------------

RULE OF PROCEDURE FOR SMALL CLAIMS CASES


SECTION 1. Title. — This Rule shall be known as “The Rule of Procedure for Small Claims Cases.”

SEC. 2. Scope. — This Rule shall govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs.

SEC. 3. Definition of Terms. — For purposes of this Rule:

(a) Plaintiff refers to the party who initiated a small claims action. The term includes a defendant who has filed a counterclaim against plaintiff;

(b) Defendant is the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim;

(c) Person is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law;

(d) Individual is a natural person;

(e) Motion means a party’s request, written or oral, to the court for an order or other action. It shall include an informal written request to the court, such as a letter;

(f) Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge; and

(g) Affidavit means a written statement or declaration of facts that are sworn or affirmed to be true.

SEC. 4. Applicability. — The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.

These claims or demands may be:

(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.

SEC. 5. Commencement of Small Claims Action. — A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of additional evidence.

No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.

SEC. 6. Joinder of Claims. — Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,000.00.

SEC. 7. Affidavits. — The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence.

A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.

SEC. 8. Payment of Filing Fees. — The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent.

A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the small claims case. If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice. In no case shall a party, even if declared an indigent, be exempt from the payment of the P1,000.00 fee for service of summons and processes in civil cases.

SEC. 9. Dismissal of the Claim. — After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the Claim for the dismissal of a civil action.

SEC. 10. Summons and Notice of Hearing. — If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response.

The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule.

The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant. The Notice shall contain an express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule.

SEC. 11. Response. — The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response within a non-extendible period of ten (10) days from receipt of summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence.

SEC. 12. Effect of Failure to File Response. — Should the defendant fail to file his Response within the required period, the court by itself shall render judgment as may be warranted by the facts alleged in the Statement of Claim limited to what is prayed for. The court however, may, in its discretion, reduce the amount of damages for being excessive or unconscionable.

SEC. 13. Counterclaims Within the Coverage of this Rule. — If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff’s claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, the defendant shall be barred from suit on the counterclaim.

The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid.

SEC. 14. Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss the complaint except on the ground of lack of jurisdiction;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.

SEC. 15. Availability of Forms; Assistance by Court Personnel. — The Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases.

SEC. 16. Appearance. — The parties shall appear at the designated date of hearing personally or through a representative authorized under a Special Power of Attorney (Form 5-SCC) to enter into an amicable settlement, to submit to Judicial Dispute Resolution (JDR) and to enter into stipulations or admissions of facts and of documentary exhibits.

SEC. 17. Appearance of Attorneys Not Allowed. — No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.

If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent.

SEC. 18. Non-appearance of Parties. — Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgment on a permissive counterclaim.

Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule.

This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing.

Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim.

SEC. 19. Postponement When Allowed. — A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.

SEC. 20. Duty of the Court. — At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases.

SEC. 21. Judicial Dispute Resolution. — At the hearing, the judge shall conduct Judicial Dispute Resolution (JDR) through mediation, conciliation, early neutral evaluation, or any other mode of JDR. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 12-SCC).

SEC. 22. Failure of JDR. — If JDR fails and the parties agree in writing (Form 10-SCC) that the hearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall so proceed in an informal and expeditious manner and terminated within one (1) day.

Absent such agreement, (a) in case of a multi-sala court, the case shall, on the same day, be transmitted (Form 11-SCC) to the Office of the Clerk of Court for immediate referral by the Executive Judge to the pairing judge for hearing and decision within five (5) working days from referral; and (b) in case of a single sala court, the pairing judge shall hear and decide the case in the court of origin within five (5) working days from referral by the JDR judge.

SEC. 23. Decision.—After the hearing, the court shall render its decision on the same day, based on the facts established by the evidence (Form 13-SCC). The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties.

The decision shall be final and unappealable.

SEC. 24. Execution. — If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC).

SEC. 25. Applicability of the Rules of Civil Procedure. — The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule.

SEC. 26. Effectivity.—This Rule shall take effect on October 1, 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation.

FORMS for SMALL CLAIMS

Stages in Criminal Procedure from "Handbook on Criminal Procedure and Pleadings" by Atty. Ferdinand Tan

1. Referral to the Barangay Arrest without warrant search and seizure/Warrant Quashal Grounds

2. Filing of the complaint with the DOJ/Office of the Provincial City Prosecutor's office or the Ombudsman for Preliminary Investigation

3. Raffle of the case to the assigned investigating Prosecutor for Preliminary investigation

4.Issuance of Subpoena/Order

5.Preliminary Investigation Proper

6.Resolution of the office of the Provincial City Prosecutor/Ombudsman in Preliminary Investigation

7.Motion for Reconsideration

8.Appeal to the DOJ by way of Petition for Review

Appeal by Certiorari under Rule 45 in case of the resolution of the office of the Ombudsman

Appeal to the office of the President

9. Filing of Criminal Information Sandiganbayan/RTC/MTC

10. Issuance of Warrant of Arrest

11. Suspension of Arraignment/Motion to Conduct Preliminary Investigation/Bail/Quashal of Warrant of Arrest

12. Motion to Quash

13. Arraignment and Plea

14. Pre-trial stage/Preliminary Conference

15. Presentation of Prosecution's evidence

16. Motion to suspend proceedings based on prejudicial question

17. Formal Offer of Evidence

18. Comment/Objection to the prosecution's formal offer of evidence

19. Order of Admission of evidence/Resting of case by the prosecution

(Prosecution PMFCR, Presentation-Motion-Formal Offer-Comment-Resting )

20. Demurrer to Evidence

21. Comment/Opposition to the Demurrer to evidence

22. Presentation of Defense Evidence

23. Formal Offer of Evidence for the Defense

24. Comment/Objection to the formal offer of evidence

25. Order of Admission of Evidence/ Resisting of the Case by the Defense

(Defense PFCR, Presentation-Formal Offer-Comment-Resting )

26. Rebuttal Evidence for the Prosecution

27. Sur-Rebuttal Evidence for the Defense

28. Memorandum/Oral Argument

29. Decision/Judgment

30. Motion for Reconsideration/New Trial or probation

31. Appeal

32. Service of Penalties/Sentence Execution of Civil Liability arising from the Commission of Crime

Digest: Pilipinas Bank vs IAC June 30, 1987

FACTS: Hacienda Benito, Inc. as vendor, and private respondents, as vendees executed Contract to Sell No. over a parcel of land on monthly installments subject to the condition: “The contract shall be considered automatically rescinded and cancelled and of no further force and effect upon failure of the vendee to pay when due, three or more consecutive installments as stipulated therein or to comply with any of the terms and conditions thereof…”

During the contract, petitioner sent series of notices to private respondents (PR) for thei latter’s balances/arrearages. From time to time, PR partially complied with this and requested for extensions. On May 19, 1970, the petitioner, for the last time, reminded the PR to pay their balance. After more than two years, PR sent a letter expressing their desire to settle their desire to fully settle their obligation. On March 27, 1974, petitioner wrote a letter to PR , informing them that the contract to sell had been rescinded. PR filed Complaint for Specific Performance with Damages to compel petitioner to execute a deed of sale.

After trial, the lower court rendered a decision in PR’s favor, holding that petitioner could not rescind the contract to sell, because: (a) petitioner waived the automatic rescission clause by accepting payment and by sending letters advising private respondents of the balances due, thus, looking forward to receiving payments thereon. Said decision was affirmed on appeal. Hence, this Petition For Review on Certiorari,

ISSUE: whether or not the Contract to Sell was rescinded, under the automatic rescission clause contained therein.

HELD: In case the rescission is found unjustified under the circumstances, still in the instant case there is a clear waiver of the stipulated right of "automatic rescission," as evidenced by the many extensions granted private respondents by the petitioner. In all these extensions, the petitioner never called attention to the proviso on "automatic rescission." The assailed decision is affirmed.


Digest: Integrated Construction Services, Inc., et al. vs. Relova December 29, 1986

FACTS: Petitioners sued the respondent MWSS formerly NAWASA, breach of contract. Meanwhile, the parties submitted the case to arbitration. The Arbitration Board, released the decision-award which ordered MWSS to pay petitioners P15,518,383.61 - less P2,329,433.41, to be set aside as a trust fund to pay creditors of the joint venture in connection with the project - or a net award of P13,188,950.20 with interest. Subsequently, however, petitioners agreed to give MWSS some discounts in consideration of an early payment of the award. Upon MWSS' request, the petitioners signed their "Conforme" to the said letter-agreement, and extended the period to pay the judgment less the discounts. MWSS, however, paid only on December 22, 1972, the amount stated in the decision but less the reductions provided for in the letter-agreement. Three years thereafter, after the last balance of the trust fund had been released and used to satisfy creditors' claims, the petitioners filed a motion for execution against MWSS for the balance due under the decision-award. Respondent MWSS opposed execution setting forth the defenses of payment and estoppels.


ISSUE: Whether or not petitioners are now in estoppel to question the subsequent agreement, suffice it to state that petitioners never acknowledged full payment.


HELD: No. Petitioners refused MWSS' request for a conforme or quitclaim. Accordingly, the award is still subject to execution by mere motion, which may be availed of as a matter of right any time within (5) years from entry of final judgment in accordance with Section 5, Rule 39 of the Rules of Court.


Digest: Soco vs. Hon. Militante, et al. June 28, 1983 [GRN 58961 June 28, 1983]

FACTS: The plaintiff-appellee-Soco (lessor) and the defendant-appellant-Francisco (lessee) entered into a contract of lease on for commercial building and lot for a monthly rental of P800.00 for a period of 10 years renewable for another 10 years at the option of the lessee. One time, Francisco noticed that Soco did not anymore send her collector for the payment of rentals and at times there were payments made but no receipts were issued. Soon after Soco learned that Francisco sub-leased a portion of the building to NACIDA, at a monthly rental of more than P3,000.00 which is definitely very much higher than what Francisco was paying to Soco under the Contract of Lease, the latter felt that she was on the losing end of the lease agreement so she tried to look for ways and means to terminate the contract. Taking into account the factual background setting of this case, the Court holds that there was in fact a tender of payment of the rentals made by Francisco to Soco through Comtrust and since these payments were not accepted by Soco evidently because of her intention to evict Francisco, by all means, Francisco was impelled to deposit the rentals with the Clerk of Court of the City Court of Cebu, Soco was notified of this deposit. She was further notified of these payments by consignation. The City Court declared the payments of rentals valid and effective.


ISSUE: Whether or not the consignation was valid and effective.


HELD: In order that consignation may be effective, the debtor must first comply with certain requirements prescribed by law. The debtor must show (1) that there was a debt due; (2) that the consignation of the obligation had been made because the creditor to whom tender payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claimed to be entitled to receive the amount due (Art. 1176, Civil Code); (3) that previous notice of the consignation had been given to the person interested in the performance of the obligation (Art. 1177, Civil Code); (4) that the amount due was placed at the disposal of the court (Art. 1178, Civil Code); and (5) that after the consignation had been made the person interested was notified thereof (Art. 1178, Civil Code). Failure in any of these requirements is enough ground to render a consignation ineffective.

SC ruled that the essential requisites of a valid consignation must be complied with fully and strictly in accordance with the law, as Articles 1256 to 1261, New Civil Code say. Substantial compliance is not enough for that would render only a directory construction to the law. The use of the words "shall" and "must" which are imperative, operating to impose a duty which may be enforced, positively indicate that all the essential requisites of a valid consignation must be complied with. The Civil Code Articles expressly and explicitly direct what must be essentially done in order that consignation shall be valid and effectual, as the law provides in Art 1257, 1258, 1249. SC held that the respondent lessee has utterly failed to prove the requisites of a valid consignation.


Digest: Solinap vs. Hon. Del Rosario, et al. [GRN 50638 July 25, 1983] ESCOLIN, J.:)

FACTS: The spouses Tiburcio Lutero and Asuncion Magalona, owners of the Hacienda Tambal, leased the said hacienda to petitioner Loreto Solinap for 10 years for the stipulated rental of P50,000.00 a year. It was further agreed in the lease contract that P25,000.00 from the rental should be paid by Solinap to the PNB to amortize the indebtedness of the spouses Lutero. When Tiburcio Lutero died, his heirs instituted the testate estate proceedings. On the basis of an order, respondents Juanito Lutero [grandson and heir of the late Tiburcio] and his wife Hardivi R. Lutero paid the PNB the sum of P25,000.00 as partial settlement of the deceased's obligations. Spouses Lutero filed a motion seeking reimbursement from the petitioner. They argued that the said amount should have been paid by petitioner to the PNB, as stipulated in the lease contract. Before the motion could be resolved, petitioner a separate action against the spouses for collection of P71,000.00 they borrowed from the petitioner. The spouses answered and pleaded a counterclaim against petitioner for P125,000.00 representing unpaid rentals on Hacienda Tambal and that petitioners purchased one-half of Hacienda Tambal. The respondent judge issued an order granting the spouses’ motion for reimbursement from petitioner of the sum of P25,000.00, plus interest. Petitioner filed a petition for certiorari before this Court, assailing the above order. Acting on the petition, the P25,000.00 to be paid by the petitioner to the private respondent Luteros may well be taken up in the final liquidation of the account between petitioner as lessee and the subject estate as lessor. Thereafter the respondent Luteros filed with the respondent court a motion raising that the amount payable to private respondents should be compensated against the latter's indebtedness to him amounting to P7 1,000.00. This motion was denied by respondent judge on the ground that "the claim of Loreto Solinap against spouses was yet to be liquidated and determined, such that the requirement in Article 1279 of the New Civil Code that both debts are liquidated for compensation to take place has not been established by the oppositor Loreto Solinap. Petitioner filed a motion for reconsideration of this order, but the same was denied. Hence, this petition.


ISSUE: whether or not the obligation of petitioner to private respondents may be compensated or set-off against the amount sought to be recovered in an action for a sum of money filed by the former against the latter


HELD: The petition is devoid of merit. In the case at bar, the petitioner's claim against the spouses was still pending determination by the court. Petitioner’s claim in the case could not be categorized as liquidated credit which may properly be set-off against his obligation. As this Court ruled in Mialhe vs. Halili "compensation cannot take place where one's claim against the other is still the subject of court litigation. It is a requirement, for compensation to take place, that the amount involved be certain and liquidated." The petition was dismissed.


Digest: New Pacific Timber & Supply Co., Inc vs. Seneris [No. L-41764. December19, 1980.]

FACTS: Herein petitioner was the defendant in a complaint for collection of a sum of money filed by the private respondent. On July 19, 1974, a compromise judgment was rendered by the respondent Judge in accordance with an amicable settlement entered into by the parties. For failure of the petitioner to comply with his judgment obligation, the respondent Judge, issued an order for the issuance of a writ of execution. Accordingly, writ of execution was issued for the amount of P63,130.00 pursuant to which, the Ex Officio Sheriff levied upon the following personal properties of the petitioner and set the auction sale thereof on January 15, 1975. Prior to January 15, 1975, petitioner deposited with the Clerk of CFI the sum of P63,130.00 for the payment of the judgment obligation, consisting of the following. (1) P50,000.00 in Cashier's Checks No. S314361 dated January 3, 1975 of the Equitable Banking Corporation; and (2) P13,130.00 in cash. The private respondent refused to accept the check as well as the cash deposit. The respondent judge upheld private respondent's claim that he has the right to refuse payment by means of a check, the respondent Judge citing Section 63 of the Central Bank Act, and Article 1249 of the New Civil Code.


ISSUE: Whether or not the private respondent can validly refuse acceptance of the payment of the judgment obligation made by the petitioner consisting of P50,000.00 in Cashier's Check and P13,130.00 in cash which it deposited with the Ex-Officio Sheriff before the date of the scheduled auction sale.


HELD: It is to be emphasized in this connection that the check deposited by the petitioner in the amount of P50.000.00 is not an ordinary check but a Cashier's Check of the Equitable Banking Corporation, a bank of good standing and reputation. Where a check is certified by the bank on which it is drawn, the certification is equivalent to acceptance. The object of certifying a check, as regards both parties, is to enable the holder to use it as money. When the holder procures the check to be certified, "the check operates as an assignment of a part of the funds to the creditors". The exception to the rule enunciated under Section 63 of the Central Bank Act to the effect "that a check which has been cleared and credited to the account of the creditor shall be equivalent to a delivery to the creditor in cash in an amount equal to the amount credited to his account" shall apply in this case. Petition was granted ordering the private respondent to accept the sum of P63,130.00 under deposit as payment of the judgment obligation in his favor. “Considering that the whole amount deposited by the petitioner consisting of Cashier's Check of P60;000.00 and P13,130.00 in cash covers the judgment obligation of P63,000.00 as mentioned in the writ of execution, then. We see no valid reason for the private respondent to have refused acceptance of the payment of the obligation in his favor”.


Real Estate Taxation, Laws, Regulations and Information links

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legal maxims

A mensa et thoro - From bed and board.

A vinculo matrimonii - From the bond of matrimony.

Ab extra - From outside.

Ab initio - From the beginning.

Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.

Abundans cautela non nocet - Abundant caution does no harm.

Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.

Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.

Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.

Actio non accrevit infra sex annos - The action has not accrued within six years.

Actio non datur non damnificato - An action is not given to one who is not injured.

Actio personalis moritur cum persona - A personal action dies with the person.

Actiones legis - Law suits.

Actori incumbit onus probandi - The burden of proof lies on the plaintiff.

Actus nemini facit injuriam - The act of the law does no one wrong.

Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.

Actus reus - A guilty deed or act.

Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases which occur more frequently.

Ad hoc - For this purpose.

Ad infinitum - Forever, without limit, to infinity.

Ad perpetuam rei memoriam - For a perpetual memorial of the matter.

Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores - The judges do not answer to a question of fact; the jury do not answer to a question of Law.

Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's own land what may be injurious to another.

Aequitas legem sequitur - Equity follows the law.

Aequitas nunquam contravenit legem - Equity never contradicts the law.

Alibi - At another place, elsewhere.

Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than accumulation.

Aliunde - From elsewhere, or, from a different source

Allegans contraria non est audiendus - One making contradictory statements is not to be heard.

Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be heard.

Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be heard.

Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the party using it.

Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never helped by averment.

Amicus curiae - A friend of the Court.

Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every case to liberty.

Animo furandi - With an intention of stealing.

Animo testandi - With an intention of making a will.

Annus luctus - The year of mourning.

Ante - Before.

Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.

Arbitrium est judicium - An award is a judgment.

Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot grow.

Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is the strongest in law.

Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very strong in law.

Argumentum ad hominem - An argument directed a the person.

Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).

Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the armed.

Assentio mentium - The meeting of minds, i.e. mutual assent.

Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.

Audi alteram partem - Hear the other side.

Aula regis - The King's Court.

Benignior sententia in verbis generalibus seu dubiis est preferenda - The more favorable construction is to be placed on general or doubtful words.

Bis dat qui cito dat - He gives (pays) twice who pays promptly.

Bona fide - Sincere, in good faith

Bona vacantia - Goods without an owner

Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.

Boni judicis est judicium sine dilatione mandare executioni - It is the duty of a good judge to cause execution to issue on a judgment without delay.

Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation.

Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert - A good judge decides according to justice and right and prefers equity to strict law.

Breve judiciale non cadit pro defectu formae - A judicial writing does not fail through defect of form.

Cadit quaestio - The matter admits of no further argument.

Cassetur billa (breve) - Let the writ be quashed.

Casus fortuitus non est spectandus; et nemo tenetur divinare - A fortuitous event is not to be foreseen and no person is bound to divine it.

Catalla reputantur inter minima in lege - Chattels are considered in law among the minor things.

Causa proxima, non remota spectatur - The immediate, and not the remote cause is to be considered.

Caveat emptor - Let the purchaser beware.

Caveat venditor - Let the seller beware.

Cepi corpus et est languidum - I have taken the body and the prisoner is sick.

Cepi corpus et paratum habeo - I have taken the body and have it ready.

Ceteris paribus - Other things being equal.

Consensu - Unanimously or, by general consent.

Consensus ad idem - Agreement as to the same things.

Consuetudo loci observanda est - The custom of the place is to be observed.

Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most powerful in law.

Contra - To the contrary.

Contra bonos mores - Against good morals.

Contra non valentem agere nulla currit praescriptio - No prescription runs against a person not able to act.

Contractus est quasi actus contra actum - A contract is an act as it were against an act.

Conventio et modus vincunt legem - A contract and agreement overcome the law.

Conventio privatorum non potest publico juri derogare - An agreement of private persons cannot derogate from public right.

Coram Domino Rege - In the presence of our Lord the King.

Coram non judice - Before one who is not a judge.

Corpus - Body.

Corpus delicti - The body, i.e. the gist of crime.

Corpus humanum non recipit aestimationem - A human body is not susceptible of appraisement.

Crescente malitia crescere debet et poena - Vice increasing, punishment ought also to increase.

Crimen omnia ex se nata vitiat - Crime vitiates every thing, which springs from it.

Crimen trahit personam - The crime carries the person.

Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the gift.

Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to the sky; and to its depth.

Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two things repugnant to each other are found in a will, the last is to be confirmed.

Cursus curiae est lex curiae - The practice of the court is the law of the court.

Custos morum - A guardian of morals.

Damnum sine injuria - damage without legal injury.

De bonis asportatis - Of goods carried away.

De bonis non administratis - Of goods not administered.

De die in diem - From day to day.

De facto - In fact.

De futuro - In the future.

De integro - As regards the whole.

De jure - Rightful, by right.

De minimis lex non curat - The law does not notice trifling matters.

De novo - Starting afresh.

Debile fundamentum fallit opus - Where there is a weak foundation, the work fails.

Debita sequuntur personam debitoria - Debts follow the person of the debtor.

Debitor non praesumitur donare - A debtor is not presumed to make a gift.

Debitum et contractus sunt nullius loci - Debt and contract are of no particular place.

Debitum in praesenti, solvendum in futuro - A present debt is to be discharged in the future.

Delegata potestas non potest delegari - A delegated authority cannot be again delegated.

Derivativa potestas non potest esse major primitiva - The power which is derived cannot be greater than that from which it is derived.

Deus solus haeredem facere potest, non homo - God alone, not man, can make an heir.

Dies Dominicus non est juridicus - Sunday is not a day in law.

Discretio est discernere per legem quid sit justum - Discretion is to discern through law what is just.

Doli incapax - Incapable of crime.

Dominium - Ownership.

Domus sua cuique est tutissimum refugium - Every mans house is his safest refuge.

Dona clandestina sunt semper suspiciosa - Clandestine gifts are always suspicious.

Dormiunt leges aliquando, nunquam moriuntur - The laws sometimes sleep, but never die.

Doti lex favet; praemium pudoris est; ideo parcatur - The law favors dower; it is the reward of chastity, therefore let it be preserved.

Dubitante - Doubting the correctness of the decision.

Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in entirety.

Ei incumbit probatio qui - The onus of proving a fact rests upon the man.

Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies.

Error, qui non resistitur approbatur - An error not resisted is approved.

Et cetera - Other things of that type.

Ex cathedra - With official authority.

Ex concessis - In view of what has already been accepted/

Ex dolo malo actio non oritur - A right of action cannot arise out of fraud.

Ex facie - On the fact of it.

Ex gratia - Out of kindness, voluntary.

Ex nihilo nil fit - From nothing nothing comes.

Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.

Ex parte - Proceeding brought by one person in the absence of another.

Ex post facto - By reason of a subsequent act.

Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things preceding and following.

Ex turpi causa non oritur actio - No action arises on an immoral contract.

Exceptio probat regulam - An exception proves the rule.

Executio est executio juris secundum judicium - Execution is the fulfillment of the law in accordance with the judgment.

Executio est finis et fructus legis - An execution is the end and the fruit of the law.

Executio legis non habet injuriam - Execution of the law does no injury.

Extra legem positus est civiliter mortuus - One out of the pale of the law (i.e. an outlaw) is civilly dead.

Faciendum - Something which is to be done.

Factum - An act or deed.

Facultas probationum non est angustanda - The right of offering proof is not to be narrowed.

Falsa demonstratio non nocet - A false description does not vitiate.

Fatetur facinus qui judicium fugit - He who flees judgment confesses his guilt.

Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the causes of things.

Felonia implicatur in qualibet proditione - Felony is implied in every treason.

Festinatio justitiae est noverca infortunii - The hurrying of justice is the stepmother of misfortune.

Fictio cedit veritati; fictio juris non est, ubi veritas - Fiction yields to truth. Where truth is, fiction of law does not exist.

Fides servanda est - Good faith is to be preserved.

Fieri facias (abreviated fi. fa.) - That you cause to be made.

Filiatio non potest probari - Filiation cannot be proved.

Firmior et potentior est operatio legis quam dispositio hominis - The operation of law is firmer and more powerful than the will of man.

Forma legalis forma essentialis est - Legal form is essential form.

Fortior est custodia legis quam hominis - The custody of the law is stronger than that of man.

Fractionem diei non recipit lex - The law does not regard a fraction of a day.

Fraus est celare fraudem - It is a fraud to conceal a fraud.

Fraus est odiosa et non praesumenda - Fraud is odious and is not to be presumed.

Fraus et jus nunquam cohabitant - Fraud and justice never dwell together.

Fructus naturales - Vegetation which grows naturally without cultivation.

Frustra probatur quod probatum non relevat - That is proved in vain which when proved is not relevant.

Furor contrahi matrimonium non sinit, quia consensus opus est - Insanity prevents marriage from being contracted because consent is needed.

Generale nihil certum implicat - A general expression implies nothing certain.

Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.

Generalia specialibus non derogant - Things general do not derogate from things special.

Generalis regula generaliter est intelligenda - A general rule is to be generally understood.

Gravius est divinam quam temporalem laedere majestatem - It is more serious to hurt divine than temporal majesty.

Habeas corpus - That you have the body.

Habemus optimum testem confitentem reum - We have the best witness, a confessing defendant.

Haeredem est nomen collectum - Heir is a collective name.

Haeres est nomen juris, filius est nomen naturae - Heir is a term of law, son, one of nature.

Haeres legitimus est quem nuptiae demonstrant - He is the lawful heir whom the marriage indicates.

Homo vocabulum est naturae; persona juris civilis - Man is a term of nature, person of the civil law.

Id est (i.e) - That is.

Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.

Idem - The same person or thing.

Idem nihil dicere et insufficienter dicere est - It is the same to say nothing as not to say enough.

Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance of law does not excuse.

Imperium in imperio - A sovereignty within a sovereignty.

Impotentia excusat legem - Impossibility is an excuse in the law.

Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.

In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.

In alta proditione nullus pot est esse acessorius; sed principalis solum modo - In high treason no one can be an accessory; but a principal only.

In Anglia non est interregnum - In England there is no interregnum.

In camera - In private.

In casu extremae necessitatis omnia sunt communia - In a case of extreme necessity everything is common.

In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to be cleared than the light.

In curia domini regis, ipse in propria persona jura discernit - In the Kings Court, the King himself in his own person dispenses justice.

In delicto - At fault.

In esse - In existence.

In extenso - At full length.

In fictione legis aequitas existit - A legal fiction is consistent with equity.

In foro conscientiae - In the forum of conscience.

In futoro - In the future.

In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at.

In limine - At the outset, on the threshold.

In loco parentis - In place of the parent.

In mortua manu - In a dead hand.

In novo casu novum remedium apponendum est - In a new case a new remedy is to be applied.

In omni re nascitur res quae ipsam rem exterminat - In everything is born that which destroys the thing itself.

In omnibus - In every respect.

In pari delicto potior est conditio possidentis - When the parties are equally in the wrong the condition of the possessor is better.

In personam - Against the person.

In pleno - In full.

In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is to be punished according to law.

In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is to be understood rather than the affirmative.

In republica maxime conservanda sunt jura belli - In a State the laws of war are to be especially observed.

In situ - In its place.

In terrorem - As a warning or deterrent.

In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the intention of the testator.

In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur - In the delivery of writings (deeds), not what is said but what is done is to be considered.

In verbis, non verba sed res et ratio quaerenda est - In words, not words, but the thing and the meaning are to be inquired into.

Indicia - Marks, signs.

Injuria non excusat injuriam - A wrong does not excuse a wrong.

Intentio inservire debet legibus, non leges intentioni - Intention ought to be subservient to the laws, not the laws to the intention.

Inter alia - Amongst other things.

Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things adjudged be not rescinded.

Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the State that mens last wills be sustained.

Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every one use properly his own property.

Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.

Interim - Temporary, in the meanwhile.

Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and harmonize laws is the best method of interpretation.

Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made that the thing may have effect rather than it should fail.

Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption does not defeat a prescription once obtained.

Invito beneficium non datur - A benefit is not conferred upon one against his consent.

Ipsissima verba - The very words of a speaker.

Ipso facto - By that very fact.

Ira furor brevis est - Anger is brief insanity.

Iter arma leges silent - In war the laws are silent.

Judex est lex loquens - A judge is the law speaking.

Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.

Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong done to himself.

Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself demands.

Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.

Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide according to the allegations and the proofs.

Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to be illusory; it ought to have its proper effect.

Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the reason of their judgment.

Jura naturae sunt immutabilia - The laws of nature are immutable.

Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.

Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum - An oath is indivisible and it is not to be held partly true and partly false.

Jurare est Deum in testem vocare, et est actus divini cultus - To swear is to call God to witness and is an act of divine worship.

Jus - A right that is recognised in law.

Jus accrescendi praefertur oneribus - The right of survivorship is preferred to incumbrances.

Jus ad rem; jus in re - A right to a thing; a right in a thing.

Jus dicere, non jus dare - To declare the law, not to make the law.

Jus est norma recti; et quicquid est contra normam recti est injuria - The law is a rule of right; and whatever is contrary to a rule of right is an injury.

Jus naturale - Natural justice.

Jus naturale est quod apud omnes homines eandem habet potentiam - Natural right is that which has the same force among all men.

Jus scriptum aut non scriptum - The written law or the unwritten law.

Jusjurandum inter alios factum nec nocere nec prodesse debet - An oath made between third parties ought neither to hurt nor profit.

Justitia est duplec; severe puniens et vere praeveniens - Justice is two-fold; severely punishing and in reality prohibiting (offences).

Justitia firmatur solium - The throne is established by justice.

Justitia nemini neganda est - Justice is to be denied to no one.

Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.

Legibus sumptis desinentibus legibus naturae utendum est - When laws imposed by the State fail, we must use the laws of nature.

Lex aliquando sequitur aequitatem - The law sometimes follows equity.

Lex citius tolerare vult privatum damnum quam publicum malum - The law would rather tolerate a private injury than a public evil.

Lex dabit remedium - The law will give a remedy.

Lex dilationes abhorret - The law abhors delays.

Lex est judicum tutissimus ductor - The law is the safest guide for judges.

Lex est sanctio sancta jubens honesta et prohibens contraria - The law is a sacred sanction, commanding what is right and prohibiting the contrary.

Lex indendit vicinum vicini facta scire - The law presumes that one neighbor knows the acts of another.

Lex necessitatis est lex temporis i.e. instantis - The law of necessity is the law of time, that is time present.

Lex neminem cogit ad vana seu impossiblia - The law compels no one to do vain or impossible things.

Lex nil frustra facit - The law does nothing in vain.

Lex non a rege est violanda - The law must not be violated even by the King.

Lex non deficere potest in justitia exhibenda - The law cannot fail in dispensing justice.

Lex non novit patrem, nec matrem; solam veritatem - The law does not know neither father nor mother, only the truth.

Lex non oritur ex injuria - The law does not arise from a mere injury.

Lex non requirit verificari quod apparet curiae - The law does not require that to be proved which is apparent to the Court.

Lex non favet delicatorum votis - The law does not favor the wishes of the dainty.

Lex plus laudatur quando ratione probatur - The law is the more praised when it is supported by reason.

Lex prospicit not respicit - The law looks forwared, not backward.

Lex punit mendaciam - The law punishes falsehood.

Lex rejicit superflua, pugnatia, incongrua - The law rejects superfluous, contradictory and incongruous things.

Lex spectat naturae ordinem - The law regards the order of nature.

Lex succurrit ignoranti - The law succors the ignorant.

Lex tutissima cassis, sub clypeo legis nemo decipitur - Law is the safest helmet; under the shield of the law no one is deceived.

Lex uno ore omnes alloquitur - The law speaks to all through one mouth.

Longa possessio est pacis jus - Long possession is the law of peace.

Longa possessio parit jus possidendi et tollit actionem vero domino - Long possession produces the right of possession and takes away from the true owner his action.

Magister rerum usus; magistra rerum experientia - Use is the master of things; experience is the mistress of things.

Major continet in se minus - The greater contains the less.

Majus est delictum se ipsum occidere quam alium - It is a greater crime to kill ones self than another.

Mala fide - In bad faith.

Mala grammatica non vitiat chartam - Bad grammar does not vitiate a deed.

Mala in se - Bad in themselves.

Mala prohibita - Crimes prohibited.

Malitia supplet aesatem - Malice supplies age.

Malo animo - With evil intent.

Mandamus - We command.

Maximus magister erroris populus est - The people are the greatest master of error.

Melior est conditio possidentis, ubi neuter jus habet - Better is the condition of the possessor where neither of the two has the right.

Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be regarded.

Meliorem conditionem suam facere potest minor deteriorem nequaquam - A minor can make his position better, never worse.

Mens rea - Guilty state of mind.

Mentiri est contra mentem ire - To lie is to act against the mind.

Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the benefit of the law who seeks to infringe the law.

Minatur innocentibus qui parcit nocentibus - He threatens the innocent who spares the guilty.

Misera est servitus, ubi jus est vagum aut incertum - It is a miserable slavery where the law is vague or uncertain.

Mors dicitur ultimum supplicium - Death is called the extreme penalty.

Muilta exercitatione facilius quam regulis percipies - You will perceive many things more easily by experience than by rules.

Nam nemo haeres viventis - For no one is an heir of a living person.

Naturae vis maxima est - The force of nature is the greatest.

Necessitas inducit privilegium quoad jura privata - With respect to private rights necessity induces privilege.

Necessitas non habet legem - Necessity has no law.

Necessitas publica est major quam privata - Public necessity is greater than private necessity.

Negligentia semper habet infortuniam comitem - Negligence always has misfortune for a companion.

Nemo admittendus est inhabilitare se ipsum - No one is allowed to incapacitate himself.

Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.

Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own property, even for a just price.

Nemo contra factum suum venire potest - No man can contradict his own deed.

Nemo debet esse judex in propria causa - No one can be judge in his own case.

Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has.

Nemo potest contra recordum verificare per patriam - No one can verify by the country, that is, through a jury, against the record.

Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord (of the same tenement).

Nemo potest facere per alium, quod per se non potest - No one can do through another what he cannot do himself.

Nemo potest mutare consilium suum in alterius injuriam - No one can change his purpose to the injury of another.

Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis - No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.

Nemo prohibetur pluribus defensionibus uti - No one is forbidden to make use of several defences.

Nemo punitur pro alieno delicto - No one is punished for the crime of another.

Nemo se accusare debet, nisi coram Deo - No one should accuse himself except in the presence of God.

Nemo tenetur accusare se ipsum nisi coram Deo - No one is bound to accuse himself except in the presence of God.

Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against himself.

Nexus - Connection

Nihil quod est inconveniens est licitum - Nothing inconvenient is lawful.

Nil facit error nominis cum de corpore constat - An error of name makes not difference when it appears from the body of the instrument.

Nisi - Unless

Non compus mentis - Not of sound mind and understanding

Non constat - It is not certain

Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.

Non definitur in jure quid sit conatus - What an attempt is, is not defined in law.

Non est arctius vinculum inter homines quam jusjurandum - There is no stronger link among men than an oath.

Non est factum - It is not his deed

Non est informatus - He is not informed.

Non facias malum ut inde veniat bonum - You shall not do evil that good may come of it.

Non jus, sed seisina, facit stipitem - Not right, but seisin makes a stock (from which the inheritance must descend).

Non refert quid notum sit judici si notum non sit in forma judicii - It matters not what is known to the judge if it is not known judicially.

Non sequitur - An inconsistent statement, it does not follow

Nullus commodum capere potest ex sua injuria propria - No one can derive an advantage from his own wrong.

Nullus recedat e curia cancellaria sine remedio - No one should depart from a Court of Chancery without a remedy.

Omne sacramentum debet esse de certa scientia - Every oath ought to be of certain knowledge.

Omnia delicta in aperto leviora sunt - All crimes (committed) in the open are (considered) lighter.

Omnia praesumuntur contra spoliatorem - All things are presumed against a wrongdoer.

Omnis innovatio plus novitate perturbat quam utilitate prodeat - Every innovation disturbs more by its novelty than it benefits by its utility.

Optima legum interpres est consuetudo - The best interpreter of laws is custom.

Optimus interpres rerum est usus - The best interpreter of things is usage.

Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.

Par delictum - Equal fault.

Pari passu - On an equal footing.

Partus sequitur ventrem - The offspring follows the mother.

Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.

Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.

Pendente lite nihil innovetur - During litigation nothing should be changed.

Per curiam - In the opinion of the court.

Per minas - By means of menaces or threats.

Per quod - By reason of which.

Post mortem - After death.

Prima facie - On the face of it.

Prima impressionis - On first impression.

Pro hac vice - For this occasion.

Pro rata - In proportion.

Pro tanto - So far, to that extent.

Pro tempore - For the time being.

Publici juris - Of public right.

Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.

Par delictum - Equal fault.

Pari passu - On an equal footing.

Partus sequitur ventrem - The offspring follows the mother.

Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.

Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.

Pendente lite nihil innovetur - During litigation nothing should be changed.

Per curiam - In the opinion of the court.

Per minas - By means of menaces or threats.

Per quod - By reason of which.

Post mortem - After death.

Prima facie - On the face of it.

Prima impressionis - On first impression.

Pro hac vice - For this occasion.

Pro rata - In proportion.

Pro tanto - So far, to that extent.

Pro tempore - For the time being.

Publici juris - Of public right.

Ratio est legis anima, mutata legis ratione mutatur et lex - Reason is the soul of the law; when the reason of the law changes the law also is changed.

Re - In the matter of.

Reprobata pecunia leberat solventem - Money refused releases the debtor.

Res - Matter, affair, thing, circumstance.

Res gestae - Things done.

Res integra - A matter untouched (by decision).

Res inter alios acta alteri nocere non debet - Things done between strangers ought not to affect a third person, who is a stranger to the transaction.

Res judicata accipitur pro veritate - A thing adjudged is accepted for the truth.

Res nulis - Nobodys property.

Respondeat superior - Let the principal answer.

Rex est major singulis, minor universis - The King is greater than individuals, less than all the people.

Rex non debet judicare sed secundum legem - The King ought not to judge but according to the law.

Rex non potest peccare - The King can do no wrong.

Rex nunquma moritur - The King never dies.

Rex quod injustum est facere non potest - The King cannot do what is unjust.

Salus populi est suprema lex - The safety of the people is the supreme law.

Sciens - Knowingly.

Scienter - Knowingly.

Scire facias - That you cause to know.

Scribere est agere - To write is to act.

Se defendendo - In self defence.

Secus - The legal position is different, it is otherwise.

Semper praesumitur pro legitimatione puerorum - Everything is presumed in favor of the legitimacy of children.

Semper pro matriomonio praesumitur - It is always presumed in favor of marriage.

Sententia interlocutoria revocari potest, definitiva non potest - An interlocutory order can be revoked, a final order cannot be.

Servitia personalia sequuntur personam - Personal services follow the person.

Sic utere tuo ut alienum non laedas - So use your own as not to injure anothers property.

Simplex commendatio non obligat - A simple recommendation does not bind.

Stare decisis - To stand by decisions (precedents).

Stet - Do not delete, let it stand.

Sub modo - Within limits.

Sub nomine - Under the name of.

Sub silentio - In silence.

Sublata causa, tollitur effectus - The cause being removed, the effect ceases.

Sublato fundamento, cadit opus - The foundation being removed, the structure falls.

Subsequens matrimonium tollit peccatum praecedens - A subsequent marriage removes the preceding wrong.

Suggestio falsi - The suggestion of something which is untrue.

Sui generis - Unique.

Summa ratio est quae pro religione facit - The highest reason is that which makes for religion, i.e. religion dictates.

Suppressio veri - The suppression of the truth.

Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of falsehood.

Talis qualis - Such as it is.

Terra firma - Solid ground.

Testamenta latissimam interpretationem habere debent - Testaments ought to have the broadest interpretation.

Traditio loqui chartam facit - Delivery makes a deed speak.

Transit terra cum onere - The land passes with its burden.

Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.

Ubi jus ibi remedium est - Where there is a right there is a remedy.

Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory.

Ubi nullum matrimonium, ibi nulla dos es - Where there is no marriage, there is no dower.

Ultima voluntas testatoris est perimplenda secundum veram intentionem suam - The last will of a testator is to be fulfilled according to his true intentio.

Ut poena ad paucos, metus ad omnes, perveniat - That punishment may come to a few, the fear of it should affect all.

Utile per inutile non vitiatur - What is useful is not vitiated by the useless.

Verba chartarum fortius accipiuntur contra preferentem - The words of deeds are accepted more strongly against the person offering them.

Verba debent intelligi cum effectu - Words ought to be understood with effect.

Verba intentioni, non e contra, debent inservire - Words ought to serve the intention, not the reverse.

Verbatim - Word by word, exactly.

Vi et armis - With the force and arms.

Via antiqua via est tuta - The old way is the safe way.

Vice versa - The other way around.

Vide - See.

Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.

Vir et uxor consentur in lege una persona - A husband and wife are regarded in law as one person.

Visitationem commendamus - We recommend a visitation.

Volens - Willing.

Volenti non fit injuria - An injury is not done to one consenting to it.

Voluntas in delictis non exitus spectatur - In offences the intent and not the result is looked at.

Voluntas reputatur pro facto - The will is taken for the deed.

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