BANDOLERISMO

 
See "Brigandage"

BANGSAMORO PEOPLE
 
Those who, at the advent of the Spanish colonization, were considered natives or
original inhabitants of Mindanao and the Sulu archipelago and its adjacent
islands, whether of mixed or of full blood, shall have the right to identify
themselves, their spouses and descendants, as Bangsamoro. (Rep. Act No.
11054, Organic Law for the Bangsamoro Autonomous Region in Muslim
Mindanao (2018), art. II, sec. 1)
Citizens who are believers in Islam and who have retained some or all of their
own social, economic, cultural, and political institutions. (Rep. Act No. 9054
(2001), art. 10, sec. 3(b))

BANGUNGOT
 
Hemorrhage of the pancreas. (People v. Whisenhunt, G.R. No. 123819,
November 14, 2001)  TcHEI

Asphyxial cardiorespiratory failure. (People v. Narciso, G.R. No. L-24484, May

28, 1968)
A local term for a natural disease where the victim dies in his sleep allegedly due
to bad dreams or nightmares. (Visayan Stevedore & Transportation Co. v.
Workmen's Compensation Commission, G.R. No. L-26657, September 12, 1974,
citing Luzon Brokerage Co., Inc. v. Dayao, G.R. No. L-10362, November 27,
1959, 105 Phil. 525)
A theoretical disease whose remote and immediate cause, pathology and cure
have not as yet been accurately determined and scientifically established and
confirmed. (Visayan Stevedore & Transportation Co. v. Workmen's
Compensation Commission, G.R. No. L-26657, September 12, 1974,
citing Luzon Brokerage Co., Inc. v. Dayao, G.R. No. L-10362, November 27,
1959, 105 Phil. 525)
BANK
 
Every banking institution, as defined in Section 2 of Republic Act No. 337, as
amended, otherwise known as the General Banking Act. A bank may either be a
commercial bank, a thrift bank, a development bank, a rural bank or a specialized
government bank. (Rep. Act No. 8424, Tax Reform Act of 1997, sec. 22 (V))  cCATD

A moneyed institute founded to facilitate the borrowing, lending and safe-keeping

of money and to deal in notes, bills of exchange and credits. (Republic v.
Security Credit and Acceptance Corp., G.R. No. L-20583, January 23, 1967)
Entities engaged in the lending of funds obtained in the form of deposits. Banks
shall be classified into: (a) Universal banks; (b) Commercial banks; (c) Thrift
banks, composed of: (i) Savings and mortgage banks, (ii) Stock savings and loan
associations, and (iii) Private development banks, as defined in Republic Act No.
7906 (Thrift Banks Act); (d) Rural banks, as defined in Republic Act No.
7353 (Rural Banks Act); (e) Cooperative banks, as defined in Republic Act No.
6938 (Cooperative Code); (f) Islamic banks as defined in Republic Act No.
6848 (Charter of Al Amanah Islamic Investment Bank of the Philippines); and (g)
Other classifications of banks as determined by the Monetary Board of the
Bangko Sentral ng Pilipinas. (Rep. Act No. 8791, General Banking Law of 2000,
sec. 3) 
CIEcH

Include banks, commercial banks, savings banks, mortgage banks, rural banks,
development banks, cooperative banks, stock savings and loan associations and
branches and agencies in the Philippines of foreign banks and all other
corporations authorized to perform banking functions in the Philippines. (Rep.
Act No. 3591 (1963), as amended, sec. 5 (d))

BANK GUARANTEE
 
An irrevocable commitment of a bank binding itself to pay a sum of money in the
event of non-performance of a contract by a third party. The guarantee is a
commitment separate and distinct from the principal debt or contract. (2008
Manual of Regulations for Banks, sec. X303.1(d))

BANKING INSTITUTION
 
See "Bank"

BANKS OF A RIVER
 
Those lateral strips of zones of (a river's) beds which are washed by the stream
only during such high floods as do not cause inundations. (Hilario, Jr. v. City of
Manila, G.R. No. L-19570, April 27, 1967, citing Law of Waters, art. 73)

BANNED HAZARDOUS SUBSTANCE

 
(1) Any toy or other articles intended for use by children, which are
hazardous per se, or which bear or contain substances harmful to human beings;
or (2) any hazardous substance intended or packaged in a form suitable for use
in the household, which the implementing agency by regulation, classifies as
"banned hazardous substance" notwithstanding the existence of cautionary
labels, to safeguard public health and safety: Provided, That the implementing
agency may, by regulation, exempt from this Act, articles which by reason of their
functional purpose require the inclusion of the hazardous substance involved and
which bear appropriate labels giving adequate directions and warnings for their
safe use. (Rep. Act No. 7394, Consumer Act of the Philippines (1992), art. 4(g))

BANTAY DAGAT PROJECT
 
A government project aimed at the conservation, protection and management of
the country's marine and coastal resources. (Memo. Circular No. 114 (1995))

BANTAY-KASAMA
 
Caretaker-industrial partner. (Reyes v. Spouses Joson, G.R. No. 143111, June
7, 2007)
BAR
 
Bureau of Agricultural Research

BAR
 
The collectivity of all persons whose names appear in the Roll of Attorneys. (In
the Matter of the Integration of the Bar of the Philippines, G.R. No. 00, January 9,
1973)
Includes cocktail lounges and similar establishments with counter at which food
and drinks, especially alcoholic beverages, are served. (Implementing Rules and
Regulations of Chapter XI (Dancing Schools, Dance Halls, etc.) of Pres. Decree
No. 856 (1998), sec. 2.1)

BAR BY FORMER JUDGMENT

 
Present when, between the first case where the judgment was rendered, and the
second case where such judgment is invoked, there is identity of parties, subject
matter and cause of action. When the three identities are present, the judgment
on the merits rendered in the first constitutes an absolute bar to the subsequent
action. (Rules of Court, rule 39, sec. 49(b))

BAR BY PRIOR JUDGMENT

 
The following requisites must concur in order that a prior judgment may bar a
subsequent action: (1) the former judgment or order must be final; (2) it must be
a judgment or order on the merits, that is, it was rendered after a consideration of
the evidence or stipulations submitted by the parties at the trial of the case; (3) it
must have been rendered by a court having jurisdiction over the subject matter
and the parties; and (4) there must be, between the first and second actions,
identity of parties, of subject matter and of cause of action. (Filinvest Land, Inc. v.
Court of Appeals, G.R. No. 142439, December 6, 2006, citing Cruzo v. Carriaga,
G.R. Nos. 75109-10, June 28, 1989)  cTDCI
Section 47(b) (of Rule 39) of the Rules of Court pertains to res judicata in its
concept as "bar by prior judgment" or "estoppel by verdict," which is the effect of
a judgment as a bar to the prosecution of a second action upon the same claim,
demand or cause of action. (Mallion v. Alcantara, G.R. No. 141528, October 31,
2006, citing Spouses Rasdas v. Estenor, G.R. No. 157605, December 13, 2005)

BARANG
 
Witchcraft. (People v. Dones, G.R. No. 108743, March 13, 1996)

BARANGAY
 
The basic political unit that serves as the primary planning and implementing unit
of government policies, plans, programs, projects, and activities in the
community, and as a forum wherein the collective views of the people may be
expressed, crystallized and considered, and where disputes may be amicably
settled. (Rep. Act No. 7160, Local Government Code of 1991, as amended, sec.
384)
A unit of government antedating the Spanish conquest of the Philippines. It is
derived from the Malay "balangay," a boat which transported the Malays to
Philippine shores. (David v. Commission on Elections, G.R. Nos. 127116 &
128039, April 8, 1997, citing Agoncillo and Alfonso, A Short History of the Filipino
People, 1961 ed. p. 38; Cushner, Spain in the Philippines, 1971 ed., p. 5)

BARANGAY HEALTH WORKER

 
A person who has undergone training programs under any accredited
government and non-government organization and who voluntarily renders
primary health care services in the community after having been accredited to
function as such by the local health board in accordance with the guidelines
promulgated by the Department of Health (DOH). (Rep. Act No. 7883, Barangay
Health Workers Benefits and Incentives Act of 1995, sec. 3)

BARANGAY MICRO BUSINESS ENTERPRISES (BMBE)

 
Any business entity or enterprise engaged in the production, processing or
manufacturing of products or commodities, including agro-processing, trading
and services, whose total assets including those arising from loans but exclusive
of the land on which the particular business entity's office, plant and equipment
are situated, shall not be more than Three Million Pesos (P3,000,000.00). (Rep.
Act No. 9178, Barangay Micro Business Enterprises (BMBEs) Act of 2002, sec.
3(a)) 

BARBECUE
 
A stationary open hearth or brazier, either fuel-fired or electric, used for floor
preparation. (Pres. Decree No. 1096, National Building Code of the Philippines
(1977), Annex "A")

BAREBOAT OR DEMISE CHARTER

 
A demise of a vessel, much as a lease of an unfurnished house is a demise of
real property. The shipowner turns over possession of his vessel to the charterer,
who then undertakes to provide a crew and victuals and supplies and fuel for her
during the term of the charter. The shipowner is not normally required by the
terms of a demise charter to provide a crew, and so the charterer gets the "bare
boat", i.e., without a crew. (Litonjua Shipping Inc. v. National Seamen Board,
G.R. No. 51910, August 10, 1989, citing Scrutton on Charter Parties, sec. 4, p.
45 (18th ed., 1974))
An agreement where the shipowner virtually relinquishes all responsibilities and
rights in respect of his vessel for a specified period, in return for a pre-arranged
and regular payment for hire. The charterer becomes a disponent owner in the
strictest sense, operating, crewing and chartering the ship as if he were, in fact,
the owner. (Santiago Lighterage Corp. v. Court of Appeals, G.R. No. 139629,
June 21, 2004, citing The Commercial Aspects of Freight Transport Ocean
Transport: Freight Rates and Tariffs by Hans J. Peters)  SaIAc

A contract for the lease of a ship for a stipulated period not less than one (1)
year, by virtue of which the lessee has complete possession and control of the
ship including the obligation to appoint the Master and the other crew of the ship
for the duration of the lease. (MARINA Memorandum Circular No. 182-03 (2003))

BARGAINING
 
A process where the parties discuss their demands and counter-demands and,
after haggling, agree on what is essentially a compromise reflecting the
concessions mutually given by the parties to arrive at a common understanding.
The resultant contract provides for demandable rights, not withdrawable doles.
When the employer signs a collective bargaining agreement, it recognizes the
rights of the workers and does not merely concede certain privileges to them out
of the goodness of its heart. (Aquino v. National Labor Relations Commission,
G.R. No. 87653, February 11, 1992)

BARGAINING REPRESENTATIVE
 
A legitimate labor organization, or any officer or agent of such organization,
whether or not employed by the employer. (Pres. Decree No. 442, Labor Code of
the Philippines (1974), as amended, art. 212(j))

BARGAINING UNIT
 
The legal collectivity for collective bargaining purposes whose members have
substantially mutual bargaining interests in terms and conditions of employment
as will assure to all employees their collective bargaining rights. (Toyota Motor
Philippines Corp. v. Toyota Motor Philippines Corp. Labor Union, G.R. No.
121084, February 19, 1997, citing Belyca Corp. v. Ferrer-Calleja, G.R. No.
77395, November 29, 1988)
A group of employees of a given employer, comprised of all or less than all of the
entire body of employees, which the collective interest of all the employees,
consistent with equity to the employer, indicates to be the best suited to serve the
reciprocal rights and duties of the parties under the collective bargaining
provisions of the law. (Philippine Airlines, Inc. v. Philippine Airlines Employees
Association, G.R. No. 142399, March 12, 2008, citing University of the
Philippines v. Ferrer-Calleja, G.R. No. 96189, July 14, 1992)  cHIAC

A group of employees sharing mutual interests within a given employer unit,

comprised of all or less than all of the entire body of employees in the employer
unit or any specific occupational or geographical grouping within such employer
unit. (DOLE Department Order No. 40-03, February 17, 2003)
BARONG-BARONG
 
A small hut. (Spouses Gonzaga v. Court of Appeals, G.R. No. 142037, October
18, 2004)
A make-shift shanty. (Tabuso v. Court of Appeals, G.R. No. 108558, June 21,
2001)

BAROTO
 
A boat. (United States v. Tupular, G.R. No. L-2958, November 23, 1906)

BARRAGANA
 
Concubine. (Siguiong v. Siguiong, G.R. No. L-1921, March 14, 1907, 8 Phil. 5)

BARREL
 
Equivalent to 158.98 liters or 42 U.S. gallons. (Rep. Act No. 387, Petroleum Act
of 1949, art. 2(h))

BARRIO FIESTA
 
A socio-religious affair. Its celebration is an ingrained tradition in rural
communities. (Garces v. Estenzo, G.R. No. L-53487, May 25, 1981)

BARRIO HIGH SCHOOL

 
High schools established in the barrios of the Philippines except those opened
and maintained by the Bureau of Public Schools, the Bureau of Vocational
Education, the private high schools under the Bureau of Private Schools and
laboratory high schools of State Universities and Colleges, offering the standard
secondary courses prescribed by the Department of Education in cities and
municipalities and are organized, maintained and supervised in accordance with
the provisions of this Act. (Rep. Act No. 6054, Barrio High School Charter
(1969), sec. 3) 

BARRIOS
 
Units of municipalities or municipal districts in which they are situated. They are
quasi-municipal corporations endowed with such powers for the performance of
particular government functions, to be exercised by and through their respective
barrio governments in conformity with law. (Rep. Act No. 3590, Revised Barrio
Charter (1963), sec. 2) 

BAS
 
Bureau of Agricultural Statistics

BASE
 
In strategic literature, an installation over which the user State has a right to
exclusive control in an extraterritorial sense. (Saguisag v. Ochoa, Jr., G.R. Nos.
212426 & 212444, January 12, 2016)  SHEAI

An area or locality containing installations which provide logistic or other support;

home airfield; or home carrier. (Dissenting Opinion of J. Brion in Saguisag v.
Ochoa, Jr., G.R. Nos. 212426 & 212444, January 12, 2016, citing U.S.
Department of Defense Dictionary of Military and Associated Terms)
See also "Military Base"

BASE UNIT
 
A well-defined unit which by convention is regarded as dimensionally
independent. (Batas Blg. 8 (1978), sec. 3(b))

BASEL CONVENTION
 
The international accord which governs the trade or movement of hazardous and
toxic waste across borders. (Rep. Act No. 8479, Downstream Oil Industry
Deregulation Act of 1998, sec. 4(a))

BASEMENT
 
A portion of a building between floor and ceiling which is partly below and partly
above grade but so located that the vertical distance from grade to the floor is
less than the vertical distance from grade to ceiling. (Pres. Decree No.
1096, National Building Code of the Philippines (1977), Annex "A")

BASIC COMMUNITY SERVICES AND FACILITIES

 
Services and facilities that redound to the benefit of all homeowners and from
which, by reason of practicality, no homeowner may be excluded such as, but not
limited to: security; street and vicinity lights; maintenance, repairs and cleaning of
streets; garbage collection and disposal; and other similar services and
facilities. (Rep. Act No. 9904, Magna Carta for Homeowners and Homeowners'
Associations (2010), sec. 3(d))

BASIC CREDIT DATA

 
Positive and negative credit information provided by a borrower to a submitting
entity in connection with the application for and availment of a credit facility and
any information on the borrower's creditworthiness in the possession of the
submitting entity and other factual and objective information related or relevant
thereto in the submitting entity's data files or that of other sources of
information: Provided, That in the absence of a written waiver duly accomplished
by the borrower, basic credit data shall exclude confidential information on bank
deposits and/or clients funds under Republic Act No. 1405 (Law on Secrecy of
Bank Deposits), Republic Act No. 6426 (The Foreign Currency Deposit
Act), Republic Act No. 8791 (The General Banking Law of 2000)and their
amendatory laws. (Rep. Act No. 9510, Credit Information System Act (2008),
sec. 3(b))

BASIC EDUCATION
 
The education intended to meet basic learning needs which lays the foundation
on which subsequent learning can be based. It encompasses early childhood,
elementary and high school education as well as alternative learning systems for
out-of-school youth and adult learners and includes education for those with
special needs. (Rep. Act No. 9155, Governance of Basic Education Act of 2001,
sec. 4(b))

BASIC EMERGENCY CARE

 
The response to a situation where there is urgently required medical care and
attention, and shall include procedures required for initial diagnosis, use of
equipment and supplies in sufficiently addressing the emergency situation,
considering the welfare of the patient. It also includes the necessary medical
procedures and treatment administered to a woman in active labor to ensure the
safe delivery of the newborn. (Rep. Act No. 10932 (2017), sec. 2)

BASIC EMERGENCY OBSTETRIC AND NEWBORN CARE (BEMONC)

 
Lifesaving services for emergency maternal and newborn
conditions/complications being provided by a health facility or professional to
include the following services: administration of parenteral oxytocic drugs,
administration of dose of parenteral anticonvulsants, administration of parenteral
antibiotics, administration of maternal steroids for preterm labor, performance of
assisted vaginal deliveries, removal of retained placental products, and manual
removal of retained placenta. It also includes neonatal interventions which
include at the minimum: newborn resuscitation, provision of warmth, and referral,
blood transfusion where possible. (Rep. Act No. 10354, The Responsible
Parenthood and Reproductive Health Act of 2012, sec. 4 (c))

BASIC MOBILE PHONE SERVICES

 
Short messaging service (SMS) or text messaging and voice call services. (Rep.
Act No. 10639, The Free Mobile Disaster Alerts Act (2014), sec. 3 (c))

BASIC NECESSITIES
 
Goods vital to the needs of consumers for their sustenance and existence in
times of any of the cases provided under Section 6 or 7 of R.A. No. 7581, such
as, but not limited to, rice, corn, root crops, bread; fresh, dried or canned fish and
other marine products; fresh pork, beef and poultry meat; fresh eggs; potable
water in bottles and containers; fresh and processed milk; fresh vegetables and
fruits; locally manufactured instant noodles; coffee; sugar; cooking oil; salt;
laundry soap and detergents; firewood; charcoal; household liquefied petroleum
gas (LPG) and kerosene; candles; drugs classified as essential by the
Department of Health and such other goods as may be included under Section 4
of R.A. No. 7581. (Rep. Act No. 7581, Price Act (1992), as amended by Rep. Act
No. 10623, sec. 3 (1))

BASIC NEEDS APPROACH TO DEVELOPMENT

 
Involves the identification, production and marketing of wage goods and services
for consumption of rural communities. (Rep. Act No. 8435, Agriculture and
Fisheries Modernization Act of 1997, sec. 4) 

BASIC SALARY
 
Not the amount actually received by an employee, but 1/12 of their standard
monthly wage multiplied by their length of service within a given calendar year.
Excluded from the computation of "basic salary" are payments for sick, vacation
and maternity leaves, night differentials, regular holiday pay and premiums for
work done on rest days and special holidays. (Honda Philippines, Inc. v.
Samahan ng Malayang Manggagawa sa Honda, G.R. No. 145561, June 15,
2005, citing San Miguel Corp. Cagayan Coca-Cola Plant v. Inciong, G.R. No. L-
49774, February 24, 1981)
A rate of pay for a standard work period exclusive of such additional payments as
bonuses and overtime. (Boie-Takeda Chemicals, Inc. v. De la Serna, G.R. Nos.
92174 & 102552, December 10, 1993, citing Webster's Third New International
Dictionary Unabridged, 1971)

BASIC SECTORS
 
The disadvantaged sectors of Philippine society, namely: farmer-peasant,
artisanal fisherfolk, workers in the formal sector and migrant workers, workers in
the informal sector, indigenous peoples and cultural communities, women,
differently-abled persons, senior citizens, victims of calamities and disasters,
youth and students, children, and urban poor. (Rep. Act No. 8425, Social Reform
and Poverty Alleviation Act (1998), sec. 3 (b)

BASIC SECTORS
 
The disadvantaged sectors of Philippine society including farmer-peasants,
fisherfolk, workers in the formal sector including migrant workers, workers in the
informal sector, indigenous peoples and cultural communities, women, persons
with disability, senior citizens, victims of calamities/natural and human-induced
disasters, youth and students, children, urban poor and members of
cooperatives. (Rep. Act No. 11291, Magna Carta of the Poor (2019), sec. 3 (a))

BASIC TAX ASSESSED

 
The latest amount of tax assessment issued by the Bureau of Internal Revenue
against the taxpayer, exclusive of interest, penalties, and surcharges. (Rep. Act
No. 11213, Tax Amnesty Act (2019), sec. 3 (a))

BASIC WAGE
 
All the remuneration or earnings paid by an employer to a worker for services
rendered on normal working days and hours but does not include cost-of-living
allowances, profit sharing payments, premium payments, 13th month pay or
other monetary benefits which are not considered as part of or integrated into the
regular salary of the workers on the date the Act became effective. (Rules
Implementing Rep. Act No. 6727 (1989), par. n)

BASIN
 
A naturally or artificially enclosed or nearly enclosed body of water in free
communication with the sea. (Pres. Decree No. 857, Revised Charter of the
Philippine Ports Authority (1975), sec. 3(i)) 
BATCH
 
A quantity of any drug or device produced during a given cycle of
manufacture. (Rep. Act No. 7394, Consumer Act of the Philippines (1992), art.
4(h))

BATTALION
 
Includes a squadron, air or naval. (Com. Act No. 408, Articles of War (1938), art.
1(d))

BATTERED WOMAN
 
A woman who is repeatedly subjected to any forceful physical or psychological
behavior by a man in order to coerce her to do something he wants her to do
without concern for her rights. Battered women include wives or women in any
form of intimate relationship with men. Furthermore, in order to be classified as a
battered woman, the couple must go through the battering cycle at least twice.
Any woman may find herself in an abusive relationship with a man once. If it
occurs a second time, and she remains in the situation, she is defined as a
battered woman. (People v. Genosa, G.R. No. 135981, January 15, 2004, citing
McMaugh v. State, 612 A.2d 725, 731, quoting L. Walker, The Battered Woman,
at XV (1979))

BATTERED WOMAN SYNDROME

 
A scientifically defined pattern of psychological and behavioral symptoms found
in women living in battering relationships as a result of cumulative abuse. (Rep.
Act No. 9262, Anti-Violence Against Women and Their Children Act of 2004, sec.
2(c)) 
SaITA

The battered woman syndrome is characterized by the so-called "cycle of

violence," which has three phases: (1) the tension-building phase; (2) the acute
battering incident; and (3) the tranquil, loving (or, at least, nonviolent)
phase. (People v. Genosa, G.R. No. 135981, January 15, 2004, citing Walker,
Terrifying Love: Why Battered Women Kill and How Society Responds (Harper
Perennial, 1989), p. 42)

BATTERY
 
An act of inflicting physical harm upon the woman or her child resulting to
physical and psychological or emotional distress. (Rep. Act No. 9262, Anti-
Violence Against Women and Their Children Act of 2004, sec. 2(b))

BAWANG
 
A firecracker larger than a triangulo with 1/3 teaspoon of powder packed in
cardboard tied around with abaca strings and wrapped in the shape of
garlic. (Rep. Act No. 7183 (1992), sec. 2(A)(2))

BAY
 
An opening into the land where the water is shut in on all sides except at the
entrance; an inlet of the sea; an arm of the sea, distinct from a river, a bending or
curbing of the shore of the sea or of a lake.(Heirs of Navarro v. Intermediate
Appellate Court, G.R. No. 68166, February 12, 1997, citing Ignacio v. Director of
Lands, G.R. No. L-12958, May 30, 1960, 108 Phil. 335, 338)  HIScD

One of the intervals or spaces into which the building front is divided by columns,
buttresses, or division walls. (Pres. Decree No. 1096, National Building Code of
the Philippines (1977), Annex "A")

BAYANI SYSTEM
 
A tenant request for the labor of neighbor tenants who are not paid in cash but
only fed, the unwritten code being that the tenant who made the request will in
turn contribute his labor in transplanting the landholdings of those who helped
him. (Mateo v. Duran, G.R. No. L-14314, February 22, 1961)

BDT
 
Bureau of Domestic Trade

BEARER
 
The person in possession of an instrument, document of title or security payable
to bearer or indorsed in blank. (Far East Bank and Trust Company v. Querimit,
G.R. No. 148582, January 16, 2002, citing Black's Law Dictionary (5th ed.,
1979), p. 140) DTcAH

The person in possession of a bill or note which is payable to bearer. (Act No.

2031, Negotiable Instruments Law (1911), sec. 191)

BEE
 
Bureau of Elementary Education

BEI
 
Board of Election Inspectors

BELL'S PALSY
 
An acute lower Motor Neuron Palsy of the facial nerve, characterized by pain,
weakness or paralysis of the affected side of the face. (Galanida v. Employees'
Compensation Commission, G.R. No. 70660, September 24, 1987)

BEMB
 
Bonded Export Marketing Board

BENEFICIAL INTEREST
 
The profit, benefit, or advantage resulting from a contract, or the ownership of an
estate as distinct from the legal ownership or control. (La Bugal-B'laan Tribal
Association, Inc. v. Ramos, G.R. No. 127882, December 1, 2004, citing
Christiansen v. Department of Social Security, 131 P. 2d 189, 191, 15 Wash. 2d
465, 467, November 25, 1942, per Driver, J.)

BENEFICIAL OWNERSHIP
 
Ownership recognized by law and capable of being enforced in the courts at
the suit of the beneficial owner. The term is used in two senses: first, to indicate
the interest of a beneficiary in trust property (also called "equitable ownership");
and second, to refer to the power of a corporate shareholder to buy or sell the
shares, though the shareholder is not registered in the corporation's books as the
owner. Usually, beneficial ownership is distinguished from naked ownership,
which is the enjoyment of all the benefits and privileges of ownership, as against
possession of the bare title to property. (La Bugal-B'laan Tribal Association, Inc.
v. Ramos, G.R. No. 127882, December 1, 2004, citing Black's Law Dictionary, p.
1138) 

BENEFICIAL USE
 
The use and possession of property by a person or entity. (Herarc Realty Corp.
v. Provincial Treasurer of Batangas, G.R. No. 210736, September 5, 2018)  CTSDa

The use of the environment or any element or segment thereof conducive to

public or private welfare, safety and health; and shall include, but not be limited
to, the use of water for domestic, municipal, irrigation, power generation,
fisheries, livestock raising, industrial, recreational and other purposes. (Rep. Act
No. 9275, Philippine Clean Water Act of 2004, sec. 4(c))

BENEFICIARIES, PRIMARY
 
See "Primary Beneficiaries" (Rep. Act No. 8291, Government Service
Insurance Act of 1997, sec. 2(g))

BENEFICIARIES, SECONDARY
 
See "Secondary Beneficiaries" (Rep. Act No. 8291, Government Service
Insurance Act of 1997, sec. 2(h))
BENEFICIARY
 
The person for whose benefit the trust is created. (Rep. Act No. 386, Civil Code
of the Philippines (1949), as amended, art. 1440)

BENEVOLENT-NEUTRALITY ACCOMMODATION THEORY

 
The principle underlying the First Amendment (to the Constitution of the United
States) is that freedom to carry out one's duties to a Supreme Being is an
inalienable right, not one dependent on the grace of legislature. Religious
freedom is seen as a substantive right and not merely a privilege against
discriminatory legislation. With religion looked upon with benevolence and not
hostility, benevolent neutrality allows accommodation of religion under certain
circumstances. (Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006)

BERIBERI
 
An acute disease occurring in certain tropical regions, chiefly in India and Ceylon,
characterized by multiple inflammatory changes in the nerves, producing great
muscular debility, a painful rigidity of the limbs, and a condition of general ill
health and malnutrition. (United States v. Lasada, G.R. No. L-5324, December
28, 1910, 18 Phil. 90)

BERTHING CHARGE
 
The amount assessed against a vessel for mooring or berthing at a pier, wharf,
bulkhead-wharf, river or channel marginal wharf at any port in the Philippines; or
for mooring or making fast to a vessel so berthed; or for berthing or mooring
within any slip, channel, basin river or canal under the jurisdiction of any port of
the Philippines. The owner, agent, operator or master of the vessel is liable for
this charge. (Rep. Act No. 1937, Tariff and Customs Code of the Philippines
(1957), sec. 2901)

BEST EVIDENCE RULE

 
When the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself, except in the following cases:
(a) When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror; (b) When the original is in the custody
or under the control of the party against whom the evidence is offered, and the
latter fails to produce it after reasonable notice; (c) When the original consists of
numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established from them is only
the general result of the whole; and (d) When the original is a public record in the
custody of a public officer or is recorded in a public office. (Rules on Evidence
(1997), rule 130, sec. 3; Saad Agro Industries, Inc. v. Republic, G.R. No.
152570, September 27, 2006)
The court shall not receive any evidence that is merely substitutionary in its
nature, such as photocopies, as long as the original evidence can be had. Absent
a clear showing that the original writing has been lost, destroyed or cannot be
produced in court, the photocopy must be disregarded, being unworthy of any
probative value and being an inadmissible piece of evidence. (Philippine Banking
Corporation v. Court of Appeals, G.R. No. 127469, January 15, 2004, citing San
Pedro v. Court of Appeals, G.R. Nos. 103727 & 106496, December 18,
1996, 333 Phil. 597)

BEST INTEREST OF THE CHILD

 
The totality of the circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most encouraging to
the child's physical, psychological and emotional development. It also means the
least detrimental available alternative for safeguarding the growth and
development of the child. (Rep. Act No. 9344, Juvenile Justice and Welfare Act
of 2006, sec. 4 (b)) 
ICSaH

See also "Principle of Best Interest of the Child"

BEST INTEREST OF THE CHILD, PRINCIPLE OF

 
See "Principle of Best Interest of the Child"

BET TAKER
 
A person who calls and takes care of bets from owners of both gamecocks and
those of other bettors before he orders commencement of the cockfight and
thereafter distributes won bets to the winners after deducting a certain
commission. (Pres. Decree No. 449, Cockfighting Law of 1974, as amended,
sec. 4(c))

BETP
 
Bureau of Export Trade Promotion

BETRAYAL OF PUBLIC TRUST

 
A catch-all phrase to cover any misconduct involving breach of public
trust. (Dissenting Opinion of J. Del Castillo in Republic v. Sereno, G.R. No.
237428, May 11, 2018)

BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR

 
An offense committed by any attorney-at-law or solicitor (procurador
judicial) who: (1) by any malicious breach of professional duty or inexcusable
negligence or ignorance, shall prejudice his client, or reveal any of the secrets of
the latter learned by him in his professional capacity; or (2) having undertaken
the defense of a client or having received confidential information from said client
in a case, shall undertake the defense of the opposing party in the same case,
without the consent of his first client. (Act No. 3815, Revised Penal Code (1930),
art. 209) 
HAcID

See also "Revelation of Secrets"

BETTOR
 
A person who participates in cockfights and with the use of money or other things
of value, bets with other bettors or through the bet taker or promoter and wins or
loses his bet depending upon the result of the cockfight as announced by the
Referee or Sentenciador. He may be the owner of a fighting cock. (Pres. Decree
No. 449, Cockfighting Law of 1974, as amended, sec. 4(f))
BETWEEN
 
In the time interval that separates. (Philippine National Bank v. Spouses
Cabatingan, G.R. No. 167058, July 9, 2008, citing Webster's Third New
International Dictionary, 1993 ed., 209)

BEVERAGE
 
A liquor or liquid for drinking. (Cagayan Valley Enterprises, Inc. v. Court of
Appeals, G.R. No. 78413, November 8, 1989, citing Burnstein v. U.S., CC. A.
Cal., 55 F2d 599, 603; Black's Law Dictionary, Fourth Edition, 204)

BEYOND REASONABLE DOUBT

 
Not a single iota of doubt remains present in the mind of a reasonable and
unprejudiced man that a person is guilty of a crime. (People v. Arguelles, G.R.
No. 60388, November 21, 1991)

BFAD
 
Bureau of Food and Drugs

BFAR
 
Bureau of Fisheries and Aquatic Resources

BFP
 
Bureau of Fire Protection

BHDT
 
Bureau of Health Devices and Technology

BHFS
 
Bureau of Health Facilities and Services

BI
 
Bureau of Immigration

BIAS
 
See "Partiality"

BICAMERALISM
 
Legislative power is vested in Congress which consists of two chambers, the
Senate and the House of Representatives. A valid exercise of legislative power
requires the act of both chambers. Corrollarily, it can be exercised neither solely
by one of the two chambers nor by a committee of either or both chambers.
Thus, assuming the validity of a legislative veto, both a single-chamber legislative
veto and a congressional committee legislative veto are invalid. (Abakada Guro
Party List v. Purisima, G.R. No. 166715, August 14, 2008, citing 1987
Constitution, art. VI, sec. 1)

BID
 
A signed offer or proposal submitted by a supplier, manufacturer, distributor,
contractor or consultant in response to the Bidding Documents. (Rep. Act No.
9184, Government Procurement Reform Act (2003), sec. 5(d))

BIDDING
 
Making an offer or an invitation or an invitation to prospective contractors
whereby the government manifests its intention to invite proposals for the
purchase of supplies, materials and equipment for official business or public use,
or for public works or repair. (National Power Corporation v. Pinatubo
Commercial, G.R. No. 176006, March 26, 2010)

BIDDING DOCUMENTS
 
Documents issued by the Procuring Entity as the basis for Bids, furnishing all
information necessary for a prospective bidder to prepare a bid for
the Goods, Infrastructure Projects, and Consulting Services to be
provided. (Rep. Act No. 9184, Government Procurement Reform Act (2003), sec.
5(c))

BIENES FUTUROS
 
Future property. (Blas v. Santos, G.R. No. L-14070, March 29, 1961)

BIENES JURIDICOS
 
Juridical rights. (People v. Retubado, G.R. No. 124058, December 10, 2003,
citing Cuello Calon, Derecho Penal, Volume I, 8th ed., p. 202)

BIG HOLDER RUBBER PROCESSORS

 
Individuals, cooperatives or corporations which maintain and/or operate large-
scale processing plants of finished or semifinished rubber products, capable of
processing more than fifty (50) metric tons of rubber annually. (Rep. Act No.
10089, Philippine Rubber Research Institute Act of 2010, sec. 3(h))

BIG HOLDER RUBBER PRODUCERS

 
Individuals, cooperatives or corporations owning and/or cultivating more than five
(5) hectares of rubber plantation. (Rep. Act No. 10089, Philippine Rubber
Research Institute Act of 2010, sec. 3(g))

BIGAMY
 
An offense committed by any person who shall contract a second or
subsequent marriage before the former marriage has been legally dissolved, or
before the absent spouse has been declared presumptively dead by means of a
judgment rendered in the proper proceedings. (Act No. 3815, Revised Penal
Code (1930), art. 349) cSaAD

An illegal marriage committed by contracting a second or subsequent marriage

before the first marriage has been legally dissolved, or before the absent spouse
has been declared presumptively dead by means of a judgment rendered in the
proper proceedings. (Sermonia v. Court of Appeals, G.R. No. 109454, June 14,
1994)

BIHC
 
Bureau of International Health Cooperation

BILAS
 
Brother-in-law. (People v. Marcos, G.R. No. 115006, March 18, 1999)

BILL OF ATTAINDER
 
A legislative act which inflicts punishment on individuals or members of a
particular group without a judicial trial. Essential to a bill of attainder are a
specification of certain individuals or a group of individuals, the imposition of a
punishment, penal or otherwise, and the lack of judicial trial. (Executive
Secretary v. Court of Appeals, G.R. No. 131719, May 25, 2004, citing Misolas v.
Panga, G.R. No. 83341, January 30, 1990)
BILL OF EXCHANGE
 
An unconditional order in writing addressed by one person to another, signed by
the person giving it, requiring the person to whom it is addressed to pay on
demand or at a fixed or determinable future time a sum certain in money to order
or to bearer. (Act No. 2031, Negotiable Instruments Law (1911), sec. 126)
Denotes checks, drafts, and all other kinds of orders for the payment of money,
payable at sight, or on demand or after a specific period after sight or from a
stated date. (Bank of the Philippine Islands v. Commissioner of Internal
Revenue, G.R. No. 137002, July 27, 2006, citing Revenue Regulations No. 26-
24, sec. 39)

BILL OF EXCHANGE, ACCEPTANCE OF

 
See "Acceptance of Bill of Exchange" (Act No. 2031, Negotiable Instruments
Law (1911), sec. 132)

BILL OF EXCHANGE, FOREIGN

 
See "Foreign Bill of Exchange" (Act No. 2031, Negotiable Instruments Law
(1911), sec. 129)

BILL OF EXCHANGE, INLAND

 
See "Inland Bill of Exchange" (Act No. 2031, Negotiable Instruments Law
(1911), sec. 129)

BILL OF EXCHANGE, PRESENTMENT FOR ACCEPTANCE OF

 
See "Presentment for Acceptance of Bill of Exchange" (Act No.
2031, Negotiable Instruments Law (1911), sec. 144)

BILL OF LADING (B/L)

 
A transport document issued by shipping lines, carriers and international freight
forwarders or non-vessel operating common carrier for water-borne freight. The
holder or consignee of the bill has the right to claim delivery of the goods at the
port of destination. It is a contract of carriage that includes carrier conditions,
such as limits of liability and claims procedures. In addition, it contains transport
instructions to shipping lines and carriers, a description of the goods, and
applicable transportation charges. (Rep. Act No. 10863, Customs Modernization
and Tariff Act (2016), sec. 102 (h))
A written acknowledgment of the receipt of the goods and an agreement to
transport and deliver them at a specified place to a person named or on his
order. Such instrument may be called a shipping receipt, forwarder's receipt and
receipt for transportation. (Saludo, Jr. v. Court of Appeals, G.R. No. 95536,
March 23, 1992)  IDEaA

Operates both as a receipt and as a contract. It is a receipt for the goods shipped
and a contract to transport and deliver the same as therein stipulated. As a
receipt, it recites the date and place of shipment, describes the goods as to
quantity, weight, dimensions, identification marks and condition, quality and
value. As a contract, it names the contracting parties, which include
the consignee, fixes the route, destination, and freight rate or charges, and
stipulates the rights and obligations assumed by the parties. (Iron Bulk Shipping
Philippines, Co., Ltd. v. Remington Industrial Sales Corp., G.R. No. 136960,
December 8, 2003)
An instrument in writing, signed by a carrier or his agent, describing the freight so
as to identify it, stating the name of the consignor, the terms of the contract of
carriage, and agreeing or directing that the freight be delivered to bearer, to order
or to a specified person at a specified place. (Designer Baskets, Inc. v. Air Sea
Transport, Inc., G.R. No. 184513, March 9, 2016, citing Agbayani, Commentaries
and Jurisprudence on the Commercial Laws of the Philippines)

BILL OF PAINS AND PENALTIES

 
If it prescribed a penalty other than death, is in intent and effect a penal judgment
visited upon an identified person or group of persons (and not upon the general
community) without a prior charge or demand, without notice and hearing,
without an opportunity to defend, without any of the civilized forms and
safeguards of the judicial process as we know it. (Tuason v. Register of Deeds,
Caloocan City, G.R. No. L-70484, January 29, 1988, citing People v. Ferrer,
G.R. No. L-32613-14, December 27, 1972)
BILL OF PARTICULARS
 
A complementary procedural document consisting of an amplification or more
particularized outline of a pleading, and being in the nature of a more specific
allegation of the facts recited in the pleading. (Virata v. Sandiganbayan, G.R. No.
114331, May 27, 1997, citing 71 CJS 376, p. 799)

BILLFOLD
 
A folding, pocket-sized case, usually of leather, for carrying bank notes and
papers; wallet. (Philippine Air Lines, Inc. v. National Labor Relations
Commission, G.R. No. 120507, September 26, 1997, citing Webster's New
World Dictionary, 1966 ed.)

BILLING CYCLE
 
The period of time between billings. Billing cycles shall comprise at least fifteen
(15) days. (Rep. Act No. 10870, Philippine Credit Card Industry Regulation Law
(2016), sec. 5 (d))

BILLING STATEMENT
 
See "Statement of Account (Credit Card)"

BILLS IN A SET
 
Where a bill is drawn in a set, each part of the set being numbered and
containing a reference to the other parts, the whole of the parts constitutes one
bill. (Act No. 2031, Negotiable Instruments Law (1911), sec. 178)

BINANGBANG
 
Rice lands planted in August or September. (Relova v. Lavarez, G.R. No. L-
3623, November 6, 1907, 9 Phil. 149)

BINDING SLIP
 
In insurance, an agreement made between the applicant and the agent whether
by signing an application containing such condition, or otherwise, that no liability
shall attach until the principal approves the risk and a receipt is given by the
agent, such acceptance is merely conditional, and is subordinated to the act of
the company in approving or rejecting. (De Lim v. Sun Life Assurance Company
of Canada, G.R. No. 15774, November 29, 1920)

BIOCHEMISTRY
 
The study of the chemical compounds and processes in biological
organisms. (Rep. Act No. 10657, Chemistry Profession Act (2015), sec. 3 (a))

BIODEGRADABLE WASTES
 
Organic matter for compost/organic fertilizer for the organic cultivation, farming of
food crops and include discards segregated farm nonbiodegradable wastes
coming from the kitchen/household (leftovers, vegetables and fruit peelings and
trims, fish/fowl cleanings, seeds, bones, soft paper used as food wrap and the
like), yard or garden (leaves, grasses, weeds and twigs), market (wilted, decayed
or rotten vegetables and fruits, fish/fowl cleanings, bones) and farm wastes
(grass clippings, dead or decayed plants, leaves, fruits, vegetables, branches,
twigs and the like). (Rep. Act No. 10068, Organic Agriculture Act of 2010, sec.
3(d))

BIODIESEL
 
Fatty Acid Methyl Ester (FAME) or mono-alkyl esters derived from vegetable oils
or animal fats and other biomass-derived oils that shall be technically proven and
approved by the Department of Energy for use in diesel engines, with quality
specifications in accordance with the Philippine National Standards. (Rep. Act
No. 9367, Biofuels Act of 2006, sec. 3(d))
BIODIVERSITY
 
See "Biological Diversity"

BIODIVERSITY CONSERVATION
 
The practice of preserving the variety of species, habitats and ecosystems, and
genetic diversity of the place, including inter alia, terrestrial, marine and other
aquatic ecosystems, and the ecological complexes which they are a part
of. (Rep. Act No. 10866, Batanes Responsible Tourism Act (2016), sec. 4 (a))

BIOETHANOL
 
Ethanol (C2H5OH) produced from feedstock and other biomass. (Rep. Act No.
9367, Biofuels Act of 2006, sec. 3(c))

BIOETHANOL FUEL
 
Hydrous or anhydrous bioethanol suitably denatured for use as motor fuel, with
quality specifications in accordance with the Philippine National Standards. (Rep.
Act No. 9367, Biofuels Act of 2006, sec. 3(e))

BIOFUEL
 
Bioethanol and biodiesel and other fuels made from biomass and primarily
used for motive, thermal and power generation, with quality specifications in
accordance with the Philippine National Standards. (Rep. Act No. 9367, Biofuels
Act of 2006, sec. 3(f))

BIOGENIC
 
Essential to life and its maintenance. (Shell Philippines Exploration B.V. v. Jalos,
G.R. No. 179918, September 8, 2010, citing Webster's Third New International
Dictionary, Unabridged, p. 218)

BIOLOGIC AGENTS
 
Any organism classified under viral or rickettsial or chlamydial, bacterial, fungal
parasites and other living organism that can cause a disease in human
beings. (DOLE Memorandum Circular No. 2-98, June 19, 1998, sec. 2(a))

BIOLOGIC PRODUCTS
 
Viruses, sera, toxins and analogous products used for the prevention or cure of
human diseases. (Rep. Act No. 5921, Pharmacy Law (1969), sec. 42(h))

BIOLOGICAL DIVERSITY
 
The variability among living organisms from all sources including, inter alia,
terrestrial, marine and other aquatic ecosystems and the ecological complexes of
which they are part; this includes diversity within species, between species and
of ecosystems. (Rep. Act No. 11038, Expanded National Integrated Protected
Areas System Act of 2018, sec. 3)

BIOLOGICAL MEDICINE
 
Involves methods of healing for which, in all procedures and therapy, the highest
guiding principle is the maintenance and furtherance of the human biosystem. It
employs substances, which are produced in vital processes, as much as
therapeutic technique, which are closely oriented to the functions of life. The goal
of which is the support or the restoration of development and self-healing.
Biological Medicine employs, as required, the possibilities of natural substances,
physical forces and psychological methods, in effectively coordinated
manner. (Rules and Regulations Implementing the Traditional and Alternative
Medicine Act of 1997 (1999), sec. 1(7)) 
BIOLOGICAL RESOURCES
 
Include genetic resources, organisms or parts thereof, populations or any other
biotic component of ecosystems with actual or potential use or value for
humanity. (Rep. Act No. 9486, Central Cebu Protected Landscape Act of 2007,
sec. 5(b))

BIOLOGICAL SAMPLE
 
Any organic material originating from a person's body, even if found in inanimate
objects, that is susceptible to DNA testing. This includes blood, saliva and other
body fluids, tissues, hairs and bones. (Rule on DNA Evidence, A.M. No. 06-11-5-
SC, October 2, 2007, sec. 3(a))

BIOMASS
 
Any organic matter, particularly cellulosic or ligno-cellulosic matter, which is
available on a renewable or recurring basis, including trees, crops and
associated residues, plant fiber, poultry litter and other animal wastes, industrial
wastes, and the biodegradable component of solid waste. (Rep. Act No.
9367, Biofuels Act of 2006, sec. 3(g))

BIOMASS ENERGY SYSTEMS

 
Energy systems which use biomass resources to produce heat, steam,
mechanical power or electricity through either thermochemical, biochemical or
physico-chemical processes, or through such other technologies which shall
comply with prescribed environmental standards pursuant to this Act. (Rep. Act
No. 9513, Renewable Energy Act of 2008,sec. 4(a))

BIOMASS RESOURCES
 
Non-fossilized, biodegradable organic material originating from naturally
occurring or cultured plants, animals and micro-organisms, including agricultural
products, by-products and residues such as, but not limited to, biofuels except
corn, soya beans and rice but including sugarcane and coconut, rice hills, rice
straws, coconut husks and shells, corn cobs, corn stovers, bagasse,
biodegradable organic fractions of industrial and municipal wastes that can be
used in bioconversion process and other processes, as well as gases and liquids
recovered from the decomposition and/or extraction of non-fossilized and
biodegradable organic materials. (Rep. Act No. 9513, Renewable Energy Act of
2008,sec. 4(b))

BIOMEDICINE
 
The discipline of medical care advocating therapy with remedies that produce
effects differing from those of the diseases treated. It is also called 'allopathy,'
'western medicine,' 'regular medicine,' 'conventional medicine,' 'mainstream
medicine,' 'orthodox medicine,' or 'cosmopolitan medicine.' (Rep. Act No.
8423, Traditional and Alternative Medicine Act of 1997, sec. 4(c))

BIOMETRIC INFORMATION
 
Front-facing photograph, fingerprint, iris scan and/or such other identifiable
features of an individual. (Rep. Act No. 11055, Philippine Identification System
Act (2018), sec. 5 (c))

BIOMETRICS
 
A quantitative analysis that provides a positive identification of an individual such
as voice, photograph, fingerprint, signature, iris, and/or such other identifiable
features. (Kabataan Party-List v. Commission on Elections, G.R. No. 221318,
December 16, 2015, citing Rep. Act No. 10367 (2013), sec. 2 (b))

BIOPHARMACEUTICALS
 
Pharmaceutical products that are used for therapeutic or for in vivo diagnostic
purposes, such as vaccines, sera, and drugs derived from life forms using
biotechnology. These include proteins, nucleic acids, or living microorganisms
where the virulence is reduced and are used for therapeutic or for in
vivo diagnostic purposes. (Rep. Act No. 10918, Philippine Pharmacy Act (2016),
sec. 5(d))

BIOPROSPECTING
 
The research, collection and utilization of biological and genetic resources for
purposes of applying the knowledge derived therefrom solely for commercial
purposes. (Rep. Act No. 9147, Wildlife Resources Conservation and Protection
Act (2001), sec. 5(a))

BIOSAFETY
 
A condition in which the probability of harm, injury and damage resulting from the
intentional and unintentional introduction and/or use of a regulated article is
within acceptable and manageable levels. (Exec. Order No. 514 (2006), sec. 3,
par. 3 (1) of Annex A)

BIOSAFETY CLEARING HOUSE

 
An information exchange mechanism established by the Cartagena Protocol on
Biosafety to assist parties in the implementation of its provisions and to facilitate
sharing and exchange of scientific, technical, environmental and legal information
on, and experience with, regulated articles. (Exec. Order No. 514 (2006), sec. 3,
par. 3 (2) of Annex A)

BIOSAFETY DECISIONS
 
The development, adoption and implementation of all biosafety policies,
measures and guidelines and in making decisions concerning the research,
development, handling and use, transboundary movement, release into the
environment and management of regulated articles. (Exec. Order No. 514
(2006), sec. 3, par. 3 (3) of Annex A)

BIOTECHNOLOGY
 
Any technique that uses living organisms or substances from those organisms to
make or modify a product, to improve plants or animals, or to develop
microorganisms for specific uses. (International Service for the Acquisition of
Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Phils.), G.R. Nos.
209271, 209276, 209301 & 209430, December 8, 2015, citing Susan R. Barnum,
Biotechnology: An Introduction 1 (1998))

BIR
 
Bureau of Internal Revenue

BIRD
 
See "Avian"

BIS
 
Bureau of Import Services

BIS IN DI'E
 
See "B.I.D."

BITI-BITI
 
Liquor. (People v. Duero, G.R. No. L-52016, May 13, 1981)

BITR
 
Bureau of International Trade Relations

BITTEN
 
An act by which a dog seizes, cuts or grips with its teeth so that the skin of a
person has been wounded, pierced or scratched. (Rep. Act No. 9482, Anti-
Rabies Act of 2007, sec. 3(a))

BJMP
 
Bureau of Jail Management and Penology

BLACK HAND
 
A lawless secret society whose members engage in extortion, terrorism, and
other crimes. (People v. Aquino, G.R. No. L-23908, October 29, 1966, citing
Webster, New International Dictionary, 2nd Ed., p. 280)

BLACKHANDER
 
A person associated with a Black Hand. (People v. Aquino, G.R. No. L-23908,
October 29, 1966, citing Eric Partridge, A Dictionary of the Underworld [1950] p.
44)

BLACKMAIL
 
The extortion of money from a person by threats of accusation or exposure or
opposition in the public prints, . . . obtaining of value from a person as a condition
of refraining from making an accusation against him, or disclosing some secret
calculated to operate to his prejudice. In common parlance and in general
acceptation, it is equivalent to and synonymous with extortion, the exaction of
money either for the performance of a duty, the prevention of an injury, or the
exercise of an influence. Not infrequently, it is extorted by threats, or by operating
on the fears or the credulity, or by promises to conceal or offers to expose the
weaknesses, the follies, or the crime of the victim. (Peña v. Aparicio, A.C. No.
7298, June 25, 2007, citing Am. Jur. 2d, Vol. 5)

BLADDER CANCER
  
Any of the several types of malignant growths of the urinary bladder. The most
common symptoms of bladder cancer include blood in the urine (hematuria),
pain or burning sensation during urination without evidence of urinary tract
infection, and change in bladder habits, such as having to urinate more often or
feeling the strong urge to urinate without producing much urine. (Klaveness
Maritime Agency, Inc. v. Beneficiaries of Allas, G.R. No. 168560, January 28,
2008)

BLAMELESS IGNORANCE DOCTRINE

 
The statute of limitations runs only upon discovery of the fact of the invasion of
a right which will support a cause of action. In other words, courts decline to
apply the statute of limitations where the plaintiff neither knew nor had
reasonable means of knowing the existence of a cause of action. (Romualdez v.
Marcelo, G.R. Nos. 165510-33, September 23, 2005)

BLANK BALLOT
 
A ballot in which the voter intentionally refrained from voting for any
candidate. (Loong v. Commission on Elections, G.R. No. 133676, April 14, 1999)

BLANK INDORSEMENT
 
See "Indorsement in Blank"

BLASTING AGENT
 
Any material or mixture consisting of a fuel and oxidizer used to set off
explosives. (Rep. Act No. 9514, Fire Code of the Philippines of 2008, sec. 3)

BLE
 
Bureau of Local Employment
BLES
 
Bureau of Labor and Employment Statistics

BLGD
 
Bureau of Local Government Development

BLGF
 
Bureau of Local Government Finance

BLGS
 
Bureau of Local Government Supervision

BLHD
 
Bureau of Local Health Development

BLIGHTED LANDS
 
The areas where the structures are dilapidated, obsolete and unsanitary, tending
to depreciate the value of the land and prevent normal development and use of
the area. (Rep. Act No. 7279, Urban Development and Housing Act of 1992, sec.
3 (c)) 

BLOCKHEAD
 
A person deficient in understanding. (People v. Aquino, G.R. No. L-23908,
October 29, 1966, citing Webster, New International Dictionary, 2nd Ed., p. 290)
BLOOD BAGS
 
Sterile, sturdy plastic bags containing anti-coagulants which are especially
designed for blood collection and transfusion. Blood bags can either be single or
multiple types and have an integral sterile needle and collection tubing. (DOH
Administrative Order No. 9-95, sec. 4(17))

BLOOD BANK/CENTER
 
A laboratory or institution with the capability to recruit and screen blood donors,
collect, process, store, transport and issue blood for transfusion and provide
information and/or education on blood transfusion transmissible diseases. (Rep.
Act No. 7719, National Blood Services Act of 1994, sec. 3(b))

BLOOD BANKING EQUIPMENT

 
Essential laboratory machines, instruments and their accessories used in the
different steps in the blood banking process such as those used to centrifuge
blood or separate blood into its various components; preserve blood or blood
products in cold storage or freezer; and perform blood tests such as hemoglobin
tests and screening tests for blood transmissible diseases. These equipments
also include those used in specific supportive processes such as sterilization and
sanitary disposal of blood and blood products. (DOH Administrative Order No. 9-
95, sec. 4(16))

BLOOD COLLECTION UNIT

 
An institution or facility duly authorized by the Department of Health to recruit and
screen donors and collect blood. (Rep. Act No. 7719, National Blood Services
Act of 1994, sec. 3(e))

BLOOD OR BLOOD PRODUCT

 
Human blood, processed or unprocessed and includes blood components, its
products and derivatives. (Rep. Act No. 7719, National Blood Services Act of
1994, sec. 3(a))

BLOOD TRANSFUSION TRANSMISSIBLE DISEASES

 
Diseases which may be transmitted as a result of blood transfusion, including
AIDS, Hepatitis-B, Malaria and Syphilis. (Rep. Act No. 7719, National Blood
Services Act of 1994, sec. 3(h))

BLR
 
Bureau of Labor Relations

BLUE ECONOMY
 
The sustainable use of ocean resources for economic growth, improved
livelihoods and jobs, while preserving the ocean ecosystem. (Rep. Act No.
11293 (2019), sec. 3 (a) ) 

BLUE SKY BARGAINING

 
Unrealistic and unreasonable demands in negotiations by either or both labor
and management, where neither concedes anything and demands the
impossible. It actually is not collective bargaining at all. (Standard Chartered
Bank Employees' Union v. Confesor, G.R. No. 114974, June 16, 2004, citing
Harold S. Roberts, Robert’s Dictionary of Industrial Relations (Revised Edition,
1971, p. 51))

BLUE SKY LAW

 
Act No. 2581, passed in 1916, was the first securities legislation in the
country. (Abacus Securities Corp. v. Ampil, G.R. No. 160016, February 27, 2006)
A law designed to protect the public against the imposition of unsubstantial
schemes and the securities based thereon. It is said that the name given the law
indicates the evil against which it is directed, namely, speculative schemes which
have no more basis than a few feet of the blue sky. (People v. Fernandez, G.R.
No. 45655, June 15, 1938, Fletcher, vol. 7 [1919], p. 7714) 
IaTDS

Enacted to protect investors and prospective purchasers and to prevent fraud

and preclude the sale of securities which are in fact worthless or worth
substantially less than the asking price. (Palting v. San Jose Petroleum Inc.,
G.R. No. L-14441, December 17, 1966)

BLUE SUNDAY LAW

 
Republic Act No. 946 which took effect on September 8, 1953, prohibited the
opening of any commercial, industrial or agricultural enterprise on Sundays. It is
intended for the health, well-being and happiness of the working class and is a
legitimate exercise of the police power. (Asia Bed Factory v. National Bed and
Kapok Industries Workers' Union, G.R. No. L-9126, January 31, 1957)

BMHI
 
BCDA Management and Holdings, Inc.

BMSMED
 
Bureau of Micro, Small and Medium Enterprise Development

BOARD
 
A representative body organized to perform a trust or to execute official or
representative functions, or a group of persons with managerial, supervisory or
investigatory functions. (Rufino v. Endriga, G.R. Nos. 139554 & 139565, July 21,
2006, citing Black's Law Dictionary) 
TISaH

The board of directors or trustees of the association which has primary authority

to manage the affairs of the association. (Rep. Act No. 9904, Magna Carta for
Homeowners and Homeowners' Associations (2010), sec. 3(e))
BOARD-AUTHORIZED UNITS (BAU)
 
Units prescribed by the International System of Units (SI) and other units of
measurement authorized by (National Metrology) Board. (Rep. Act No.
9236, National Metrology Act of 2003, sec. 3(b)) 

BOARD OF DIRECTORS
 
The entity elected by the stockholders to manage the affairs of the
corporation. (Gurrea v. Lezama, G.R. No. L-10556, April 30, 1958)

BOARD OF ELECTION INSPECTORS

 
The body which conducts the election in the polling place of
the precinct usually composed of three (3) public school teachers appointed by
the Commission on Elections. (Rep. Act No. 8189, Voter's Registration Act of
1996, sec. 3(o))

BOARD RESOLUTION
 
A formal action by a corporate board of directors or other corporate body
authorizing a particular act, transaction, or appointment. (People v. Dumlao, G.R.
No. 168918, March 2, 2009, citing Black's Law Dictionary, 8th Edition, 2004, p.
1337)

BOARDING HOUSE
 
A house with five or more sleeping rooms where the boarders are provided with
lodging, and meals for fixed sum paid by the month, or week, in accordance with
previous arrangement. (Pres. Decree No. 1096, National Building Code of the
Philippines (1977), Annex "A")
Not in common parlance or in legal meaning, every private house where one or
more boarders are kept occasionally only and upon special considerations. But it
is a quasi public house, where boarders are generally and habitually kept, and
which is held out and known as a place of entertainment of that kind. (City of
Iloilo v. Villanueva, G.R. No. L-12695, March 23, 1959) ESTAI
A building where selected persons for fixed periods of time are supplied with, and
charged for sleeping accommodations and meals. (Pres. Decree No. 856, Code
on Sanitation of the Philippines (1975), sec. 63(c))

BOC
 
Bureau of Customs

BODY BUILDING
 
A job undertaken on a motor vehicle in order to replace its entire body with a
new body. (Rep. Act No. 10883, New Anti-Carnapping Act of 2016, sec. 2 (a))

BODY OF THE PLEADING

 
Sets forth the designation of the pleading, the allegations of the party's claims or
defenses, the relief prayed for, and the date of the pleading. (1997 Rules of Civil
Procedure, rule 7, sec. 21; Spouses Munsalud v. National Housing Authority,
G.R. No. 167181, December 23, 2008)

BOI
 
Board of Investments
An attached agency of the Department of Trade and Industry created
under Republic Act No. 5186, as amended. (Rep. Act No. 9513, Renewable
Energy Act of 2008,sec. 4(c))

BOILER ROOM
 
Any room containing a steam or hot water boiler. (Pres. Decree No.
1096, National Building Code of the Philippines (1977), Annex "A")

BONA FIDE OCCUPANT
 
One who supposes he has a good title and knows of no adverse claim; one who
not only honestly supposes himself to be vested with true title but is ignorant that
the title is contested by any other person claiming a superior right to it. (Vitalista
v. Perez, G.R. No. 164147, June 16, 2006, citing Bernardo v. Bernardo, G.R. No.
L-5872, November 29, 1954, 96 Phil. 202)

BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ)

 
Employment in particular jobs may not be limited to persons of a
particular sex, religion, or national origin unless the employer can show that sex,
religion, or national origin is an actual qualification for performing the job. The
qualification is called a bona fide occupational qualification (BFOQ). (Yrasuegui
v. Philippine Airlines, Inc., G.R. No. 168081, October 17, 2008, citing Black's Law
Dictionary, 6th ed.)

BOND
 
An assurance of the performance of a particular principal obligation. (Spouses
Quiamco v. Capital Insurance & Surety Co., Inc., G.R. No. 170852, September
12, 2008, citing Destileria Limtuaco & Co., Inc. v. IAC, G.R. No. 74369, January
29, 1988)
Contract, agreement, or guarantee. All of these terms are applicable to the
securities known as bonds. An investor who purchases a bond is lending money
to the issuer, and the bond represents the issuer's contractual promise to pay
interest and repay principal according to specific terms. A short-term bond is
often called a note. (Spouses Constantino v. Cuisia, G.R. No. 106064, October
13, 2005, citing Mark Levinson, Guide to Financial Markets (3rd ed.), p. 60)

BONDS
 
Interest-bearing or discounted government or corporate securities that obligate
the issuer to pay the bondholder a specified sum of money, usually at specific
intervals, and to repay the principal amount of the loan at maturity. (Spouses
Constantino v. Cuisia, G.R. No. 106064, October 13, 2005, citing John Downes
and Jordan Elliot Goodman, Barron's Financial Guides Dictionary of Finance and
Investment Terms, (2003, 6th ed.), p. 70)
BONUS
 
A gratuity or act of liberality of the giver. It is something given in addition to what
is ordinarily received by or strictly due the recipient. (Protacio v. Laya
Mananghaya & Co., G.R. No. 168654, March 25, 2009, citing The Manila
Banking Corp. v. National Labor Relations Commission, G.R. Nos. 107487 &
107902, September 29, 1997, 345 Phil. 105, 125)
An amount granted and paid to an employee for his industry and loyalty which
contributed to the success of the employer's business and made possible the
realization of profits. It is an act of generosity granted by an enlightened
employer to spur the employee to greater efforts for the success of the business
and realization of bigger profits. The granting of a bonus is a management
prerogative, something given in addition to what is ordinarily received by or
strictly due the recipient. Thus, a bonus is not a demandable and enforceable
obligation, except when it is made part of the wage, salary or compensation of
the employee. (American Wire and Cable Daily Rated Employees Union v.
American Wire and Cable Co., Inc., G.R. No. 155059, April 29, 2005,
citing Producers Bank of the Philippines v. NLRC, G.R. No. 100701, March 28,
2001)

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. (Pangan v. Court of Appeals, G.R. No. L-39299, October 18, 1988)

BOOK
 
A printed non-periodical publication of at least forty-eight (48) pages, exclusive of
cover pages, published in the country and made available to the public. (Rep.
Act No. 8047, Book Publishing Industry Development Act (1995), sec. 3(a))

BOOK OF VOTERS
 
The compilation of all registration records in a precinct. (Rep. Act No.
8189, Voter's Registration Act of 1996, sec. 3(c))
BORDERLINE INTELLIGENCE
 
Those with IQ between 70 to 89. (People v. Dalandas, G.R. No. 140209,
December 27, 2002)

BORE
 
Any well, hole, pipe, or excavation of any kind which is bored, drilled, sunk or
made in the ground for the purpose of investigating, prospecting, obtaining, or
producing geothermal energy, natural gas and methane gas, or which taps or is
likely to tap geothermal energy, natural gas and methane gas and includes any
hole in the ground which taps geothermal energy, natural gas and methane
gas. (Rep. Act No. 5092, Geothermal Energy, Natural Gas and Methane Gas
Law (1967), sec. 2(b))

BORROWER
 
A natural or juridical person, including any local government unit (LGU), its
subsidiaries and affiliates, that applies for and/or avails of a Credit Facility. (Rep.
Act No. 9510, Credit Information System Act (2008), sec. 3(c))

BOTTLEFEEDING
 
The method of feeding an infant using a bottle with artificial nipples, the contents
of which can be any type of fluid. (Rep. Act No. 7600, Rooming-in and
Breastfeeding Act of 1992, as amended, sec. 3(b))

BOUNCING CHECKS LAW

 
Batas Pambansa Blg. 22. (Palana v. People, G.R. No. 149995, September 28,
2007)

BOUND RATE
 
The agreed maximum tariffs on products committed by the Philippines to the
World Trade Organization (WTO) under the Uruguay Round Final Act, and under
the ATIGA, in accordance with its tariff schedule (Annex 2: Tariffs under the
ASEAN Trade in Goods Agreement (ATIGA)-PHILIPPINES). (Rep. Act No.
11203, Rice Tariffication Act (2019), sec. 2)

BOUNDARY
 
The required amount paid by the driver to the owner of a "rented" vehicle, in this
case a taxicab, for the use of the vehicle usually for commercial purposes for a
specified duration, such as twelve (12) hours or twenty-four (24) hours. (People
v. Dizon, G.R. No. 131506, September 6, 2000)

BOUNDARY DISPUTE
 
Exists when a portion or the whole of the territorial area of a local government
unit is claimed by two or more local government units. (Province of Antique v.
Calabocal, G.R. No. 209146, June 8, 2016, citing Adm. Order No.
270, Implementing Rules and Regulations of the Local Government Code
(1992), rule III, art. 15)

BOVINE
 
Animals related to or resembling oxen or cows. They belong to the
genus Bos (Bovidae). (People v. Nazareno, G.R. No. L-40037, April 30, 1976)

BOY
 
A male child and generally applies to males under 10 or 12 years of age. (Lim v.
Republic, G.R. No. L-10704, May 23, 1958, citing 1 Words and Phrases, 1st
Series, 855)

BOYHOOD
 
The state or condition of being a boy. (Lim v. Republic, G.R. No. L-10704, May
23, 1958, citing Webster's New International Dictionary)

BPI
 
Bureau of Plant Industry

BPRE
 
Bureau of Post-Harvest Research and Extension

BPS
 
Bureau of Product Standards

BQIHS
 
Bureau of Quarantine and International Health Surveillance

BRANCH CAMPUS
 
A campus of an HEI of another country established in the Philippines to offer its
own educational programs and to impose qualification requirements, regardless
of the students' origin. Also known as a local branch or a satellite campus. (Rep.
Act No. 11448, Transnational Higher Education Act (2019), sec. 3 (f) )

BRAND NAME
 
The proprietary name given by the manufacturer to distinguish its product from
those of competitors. (Rep. Act No. 10918, Philippine Pharmacy Act (2016), sec.
5 (e) and Rep. Act No. 6675, Generics Act of 1988, as amended, sec. 3(10))
BRASS KNUCKLES
 
A weapon worn on the hand for the purposes of offence or defence, so made that
in hitting with the fist considerable damage is inflicted. It is called 'brass knuckles'
because it was originally made of brass. The term is now used without reference
to the metal of which it is made. (United States v. Gavieres, G.R. No. 13788,
October 8, 1918, citing Rawle's Revision of Bouvier's Law Dictionary)

BREACH OF CONTRACT
 
The failure without legal reason to comply with the terms of a contract. (Nakpil v.
Manila Towers Development Corp., G.R. Nos. 160867 & 160886, September 20,
2006, citing Cathay Pacific Airways, Ltd. v. Vasquez, G.R. No. 150843, March
14, 2003, 447 Phil. 306)  CTAEc

The failure, without legal excuse, to perform any promise which forms the whole
or part of the contract. (Yaneza v. Court of Appeals, G.R. No. 149322, November
28, 2008, citing Black's Law Dictionary 171 (5th ed.))

BREACH OF WARRANTY AGAINST EVICTION

 
A breach of this warranty requires the concurrence of the following
circumstances: (1) The purchaser has been deprived of the whole or part of the
thing sold; (2) This eviction is by a final judgment; (3) The basis thereof is by
virtue of a right prior to the sale made by the vendor; and (4) The vendor has
been summoned and made co-defendant in the suit for eviction at the instance of
the vendee. (Power Commercial and Industrial Corp. v. Court of Appeals, G.R.
No. 119745, June 20, 1997)

BREASTFEEDING
 
The method of feeding an infant directly from the human breast. (Rep. Act No.
7600, Rooming-in and Breastfeeding Act of 1992, as amended, sec. 3(c))

BREASTMILK
The human milk from a mother. (Rep. Act No. 7600, Rooming-in and
Breastfeeding Act of 1992, as amended, sec. 3(d))

BREASTMILK SUBSTITUTE
 
Any type of milk, in either liquid or powdered form, including soy milk and follow-
up formula, that are specifically marketed for feeding infants and young children
up to the age of three (3) years. (Rep. Act No. 11148 (Kalusugan at Nutrisyon ng
Mag-Nanay Act (2018), sec. 6 (a))
Any food being marketed or otherwise presented as a partial or total replacement
for breastmilk, whether or not suitable for that purpose. (Pharmaceutical and
Health Care Association of the Philippines v. Duque III, G.R. No. 173034,
October 9, 2007, citing Exec. Order No. 51 (1986), sec. 4(a))

BREATH ANALYZER
 
The equipment which can determine the blood alcohol concentration level of a
person through testing of his breath. (Rep. Act No. 10586, Anti-Drunk and
Drugged Driving Act of 2013, sec. 3(b))

BRIBERY
 
An offense with the following elements: (1) the offender is a public officer within
the scope of Art. 203; (2) the offender accepts an offer or a promise or receives a
gift or present by himself or through another; (3) such offer or promise is
accepted, or gift received by the public officer, (a) with a view to committing some
crime; (b) in consideration of the execution of an act which does not constitute a
crime, but which is unjust; or (c) to refrain from doing something which it is his
official duty to do; and (4) the act which he agrees to perform is connected with
the performance of his official duties. (Mamba v. Garcia, A.M. MTJ-96-1110,
citing L.B. Reyes,  The Revised Penal Code: Criminal Law, vol. 2, pp. 366-367
(14th ed., 1998))

BRIBERY, QUALIFIED
 
See "Qualified Bribery"

BRIEF
 
Derived from the Latin word brevis, and the French brief, and literally means a
short or condensed statement. The purpose of the brief is to present to the court
in concise form the point and questions in controversy, and by fair argument on
the facts and law of the case, to assist the court in arriving at a just and proper
conclusion. The brief should be so prepared as to minimize the labor of the court
in the examination of the record upon which the appeal is heard and determined.
It is, certainly, "the vehicle of counsel to convey to the court the essential facts of
his client's case, a statement of the questions of law involved, the law he would
have applied, and the application he desires made of it by the court." (Casilan v.
Chavez, G.R. No. L-17334, February 28, 1962, citing Moran, Comments on the
Rules of Court, Vol. I, 1957 ed., p. 711)

BRIGAND
 
A lawless fellow who lives by plunder; one of a gang living in mountain retreats; a
highwayman; a freebooter. (United States v. Ibañez, G.R. No. 6003, August 7,
1911, citing Webster's Dictionary)

BRIGANDAGE
 
The seizure of any person for ransom, extortion or other unlawful purposes, or
the taking away of the property of another by means of violence against or
intimidation of person or force upon things or other unlawful means, committed
by any person on any Philippine Highway. The robbery must be directed not
only against specific, intended or preconceived victims, but against any and all
prospective victims. (People v. Cerbito, G.R. No. 126397, February 1, 2000,
citing Pres. Decree No. 532, Anti-Piracy and Anti-Highway Robbery Law of
1974, sec. 2(e))

BRIGANDS
 
More than three armed persons forming a band of robbers for the purpose of
committing robbery in the highway, or kidnapping persons for the purpose of
extortion or to obtain ransom or for any other purpose to be attained by means
of force and violence. (Act No. 3815, Revised Penal Code (1930), art. 306)  TADaE

See also "Highway Robbers"

BROADBAND
 
High-speed data transmission and reception. (Rules and Regulations to
Implement R.A. No. 10929, Free Internet in Public Places Act (2018), sec. 4)

BROADCAST
 
To make public, by any means, a visual image with the intent that it be viewed by
a person or persons. (Rep. Act No. 9995, Anti-Photo and Video Voyeurism Act of
2009, sec. 3(a))

BROADCASTING
 
An undertaking the object of which is to transmit over-the-air commercial radio or
television messages for reception of a broad audience in a geographic
area. (Rep. Act No. 7925, Public Telecommunications Policy Act of 1995, sec.
3(c))
The transmission by wireless means for the public reception of sounds or of
images or of representations thereof; such transmission by satellite is also
"broadcasting" where the means for decrypting are provided to the public by the
broadcasting organization or with its consent. (Rep. Act No. 8293, Intellectual
Property Code of the Philippines (1998), sec. 202.7)

BROKER
 
A middleman whose occupation is to only bring parties together to
bargain or bargain for them in matters of trade or commerce. He negotiates
contracts relative to property with the custody of which he has no
concern. (Concurring and Dissenting Opinion of J. Perlas-Bernabe in De Lima v.
Guerrero, G.R. No. 229781, October 10, 2017)
A person engaged in the business of buying and selling securities for the account
of others. (Rep. Act No. 8799, Securities Regulation Code (2000), sec. 3.3)
One who is engaged, for others, on a commission, negotiating contracts relative
to property with the custody of which he has no concern; the negotiator between
other parties, never acting in his own name but in the name of those who
employed him. . . . A broker is one whose occupation is to bring the parties
together, in matters of trade, commerce or navigation. (Reyes v. Rural Bank of
San Miguel (Bulacan), Inc., G.R. No. 154499, February 27, 2004 citing Schmid
and Oberly v. RJL Martinez Fishing Corp., G.R. No. 75198, October 18, 1998)

BROKERAGE
 
The trade or occupation of a broker; the commissions paid to a broker for his
services. (Reyes v. Rural Bank of San Miguel, G.R. No. 154499, February 27,
2004 citing Schmid and Oberly v. RJL Martinez Fishing Corp., G.R. No. 75198,
October 18, 1998 and Bouvier's Law Dictionary, p. 399)

BRW
 
Bureau of Rural Workers

BSE
 
Bureau of Secondary Education

BSP
 
Bangko Sentral ng Pilipinas
BSWM
 
Bureau of Soils and Water Management

BTr
 
Bureau of the Treasury

BTRCP
 
Bureau of Trade Regulation and Consumer Protection

BUCOR
 
Bureau of Corrections

BUDGET
 
A financial plan required to be prepared pursuant to Section 16 (1), Article VIII of
the Constitution, reflective of national objectives, strategies and programs. (Exec.
Order No. 292, Administrative Code of 1987, as amended, book VI, chap. 1, sec.
2(3)) TDCAS

A guide to business operations and "is intended to accomplish two definite

purposes: (a) to supply the management with a means of control over financial
expenditures, by planning them in advance to correspond with the estimate of
current and prospective outlays of the corporation; and (b) to center the attention
of department heads, whose reports form the basis of the estimates, upon the
probable financial programs and reasons therefor." (Legarda v. La Previsora
Filipina, G.R. No. 44451, December 16, 1938, citing Hoagland, Corporation
Finance, p. 186)
BUFFER STOCK
 
The optimal level of rice inventory that shall be maintained at any given time to
be used for emergency situations and to sustain the disaster relief programs of
the government during natural or man-made calamities. (Rep. Act No.
11203, Rice Tariffication Act (2019), sec. 2)

BUFFER ZONE
 
The identified area outside the boundaries of and immediately adjacent to the
BWNP that needs special development control in order to avoid or minimize
harm to the BWNP; (Rep. Act No. 11365, Balanga Wetland and Nature Park
Responsible Ecotourism Act, (2019), sec. 4 (a))
The identified area outside the boundaries of and immediately adjacent to
designated protected areas that need special development control in order to
avoid or minimize harm to the protected area. (Rep. Act No. 11038, Expanded
National Integrated Protected Areas System Act of 2018, sec. 3)
An area intended to provide an extra layer of protection around the protected
area while also providing livelihood opportunities based on sustainable resource
utilization. The major goal is to encourage buffer zone residents and/or managers
to establish a strong social fence that will prevent encroachment into the
protected area by others, that is, to provide sufficiently strong incentives so that
buffer zone users will help to protect the protected area. (DENR Administrative
Order No. 25-92, sec. 6)

BUGAW
 
A vernacular word meaning "pimp". (People v. Leonor, G.R. No. 132124, June
8, 2004)

BUILD-AND-TRANSFER SCHEME
 
A contractual arrangement whereby the project proponent undertakes the
financing and construction of a given infrastructure or development facility and
after its completion turns it over to the government agency or local government
unit concerned, which shall pay the proponent on an agreed schedule its total
investments expended on the project, plus a reasonable rate of return thereon.
This arrangement may be employed in the construction of any infrastructure or
development project, including critical facilities which, for security or strategic
reasons, must be operated directly by the Government. (Chavez v. National
Housing Authority, G.R. No. 164527, August 15, 2007, citing Rep. Act No.
6957, Build-Operate-Transfer Law (1990), as amended, sec. 2(c))

BUILD-LEASE-AND-TRANSFER
 
A contractual arrangement whereby a project proponent is authorized to finance
and construct an infrastructure or development facility and upon its completion
turns it over to the government agency or local government unit concerned on
a lease arrangement for a fixed period after which ownership of the facility is
automatically transferred to the government agency or local government unit
concerned. (Rep. Act No. 6957, Build-Operate-Transfer Law (1990), as
amended, sec. 2(e))

BUILD-OPERATE-AND-TRANSFER SCHEME
 
A contractual arrangement whereby the project proponent undertakes the
construction, including financing, of a given infrastructure facility, and the
operation and maintenance thereof. The project proponent operates the facility
over the fixed term during which it is allowed to charge facility users appropriate
tools, fees, rentals, and charges not exceeding those proposed in its bid or as
negotiated and incorporated in the contract to enable the project proponent to
recover its investment, and operating and maintenance expenses in the project.
The project proponent transfers the facility to the government agency or local
government unit concerned at the end of the fixed term which shall not exceed
fifty (50) years: Provided, That in case of an infrastructure or development facility
whose operation requires a public utility franchise, the proponent must be Filipino
or, if a corporation, must be duly registered with the Securities and Exchange
Commission and owned up to at least sixty percent (60%) by Filipinos. The build-
operate-and-transfer shall include a supply-and-operate situation which is a
contractual arrangement whereby the supplier of equipment and machinery for a
given infrastructure facility, if the interest of the Government so requires,
operates the facility providing in the process technology transfer and training to
Filipino nationals. (Rep. Act No. 6957, Build-Operate-Transfer Law (1990), as
amended, sec. 2(b))

BUILD-OWN-AND-OPERATE
 
A contractual arrangement whereby a project proponent is authorized to finance,
construct, own, operate and maintain an infrastructure or development facility
from which the proponent is allowed to recover its total investment, operating and
maintenance costs plus a reasonable return thereon by collecting tolls, fees,
rentals or other charges from facility users: Provided, That all such projects, upon
recommendation of the Investment Coordination Committee (ICC) of the National
Economic and Development Authority (NEDA), shall be approved by the
President of the Philippines. Under this project, the proponent which owns the
assets of the facility may assign its operation and maintenance to a facility
operator. (Rep. Act No. 6957, Build-Operate-Transfer Law (1990), as amended,
sec. 2(d))

BUILD-TRANSFER-AND-OPERATE
 
A contractual arrangement whereby the public sector contracts out the building of
an infrastructure facility to a private entity such that the contractor builds the
facility on a turn-key basis, assuming cost overrun, delay, and specified
performance risks. Once the facility is commissioned satisfactorily, title is
transferred to the implementing agency. The private entity however, operates the
facility on behalf of the implementing agency under an arrangement. (Rep. Act
No. 6957, Build-Operate-Transfer Law (1990), as amended, sec. 2(f))

BUILDABLE AREA
 
The remaining space in a lot after deducting the required minimum open
spaces. (Pres. Decree No. 1096, National Building Code of the Philippines
(1977), Annex "A")

BUILDER IN GOOD FAITH

 
One who, not being the owner of the land, builds on that land believing himself to
be its owner and unaware of any defect in his title or mode of
acquisition. (Philippine National Bank v. De Jesus, G.R. No. 149295, September
23, 2003)

BUILDING
 
A constructed edifice designed to stand more or less permanently, covering a
space of land, usually covered by a roof and more or less completely enclosed
by walls, and serving as a dwelling, storehouse, factory, shelter for animals, or
other useful structure - distinguished from structures not designed for occupancy
(as fences or monuments) and from structures not intended for use in one place
(as boats or trailers) even though subject to occupancy. (Telmo v. Bustamante,
G.R. No. 182567, July 13, 2009 citing Webster's Third New International
Dictionary (Unabridged), 1993, p. 292)  IEHSA

Any structure built for the support, shelter, or enclosure of persons, animals,
chattels, or property of any kind. (Pres. Decree No. 1096, National Building Code
of the Philippines (1977), Annex "A")

BUILDING AND LOAN ASSOCIATION

 
An organization created for the purpose of accumulating a fund by the monthly
subscription or savings of its members, to assist them in building or purchasing
for themselves dwellings or real estate, by loaning to them the requisite money
from the funds of the society. To all particular intents it may be said to be to
enable a number of associates to have and invest their savings to mutual
advantage, so that, from time to time, any individual among them may receive,
out of the accumulation of the pittances which each contributes periodically, a
sum, by way of loan, wherewith to build or pay for a home, and ultimately making
it absolutely his own by the payment of such small amounts from time to
time. (Government of the Philippines v. El Hogar Filipino, G.R. No. 26649, July
13, 1927, 50 Phil. 399, citing El Hogar Filipino v. Rafferty, G.R. No. 11861, April
1, 1918, 37 Phil. 995) 

BUILDING HEIGHT
 
The vertical distance from the established grade elevation to the highest point of
the coping of a flat roof, to the average height of the highest gable of a pitch or
hip roof, or to the top of the parapet if the roof is provided with a parapet. In case
of sloping ground, the average ground level of the buildable area shall be
considered the established grade elevation. (Pres. Decree No. 1096, National
Building Code of the Philippines (1977), Annex "A")

BUILDING LENGTH
 
Its general lineal dimensions usually measured in the direction of the bearing wall
for girders. (Pres. Decree No. 1096, National Building Code of the Philippines
(1977), Annex "A")

BUILDING WIDTH
 
Its shortest linear dimensions usually measured in the direction of the floor,
beams, or joists. (Pres. Decree No. 1096, National Building Code of the
Philippines (1977), Annex "A")

BUILT HERITAGE
 
Architectural and engineering structures such as, but not limited to, bridges,
government buildings, houses of ancestry, traditional dwellings, quartels, train
stations, lighthouses, small ports, educational, technological and industrial
complexes, and their settings, and landscapes with notable historical and cultural
significance. (Rep. Act No. 10066, National Cultural Heritage Act of 2009, sec.
3(f))

BULK CARGO
 
The products in a mass of one commodity not packaged, bundled, bottled or
otherwise packed. (Pres. Decree No. 1464, Tariff and Customs Code of 1978, as
amended, sec. 3519)
BULK DISCOUNT
 
See "Quantity Discount"

BULK SALE OR TRANSFER

 
Any sale, transfer, mortgage or assignment of a stock of goods, wares,
merchandise, provisions, or materials otherwise than in the ordinary course of
trade and the regular prosecution of the business of the vendor, mortgagor,
transferor, or assignor, or sale, transfer, mortgage or assignment of all, or
substantially all, of the business or trade theretofore conducted by the vendor,
mortgagor, transferor, or assignor, or of all, or substantially all, of the fixtures and
equipment used in and about the business of the vendor, mortgagor, transferor,
or assignor. (Act No. 3952, Bulk Sales Law (1932), as amended, sec. 2)

BULKY WASTES
 
Waste materials which cannot be appropriately placed in separate containers
because of either its bulky size, shape or other physical attributes. These include
large worn-out or broken household, commercial, and industrial items such as
furniture, lamps, bookcases, filing cabinets, and other similar items. (Rep. Act
No. 9003, Ecological Solid Waste Management Act of 2000, sec. 2(b))

BULLYING
 
Any severe or repeated use by one or more students of a written, verbal or
electronic expression, or a physical act or gesture, or any combination thereof,
directed at another student that has the effect of actually causing or placing the
latter in reasonable fear of physical or emotional harm or damage to his property;
creating a hostile environment at school for the other student; infringing on the
rights of the other student at school; or materially and substantially disrupting the
education process or the orderly operation of a school; such as, but not limited
to, the following: (a) any unwanted physical contact between the bully and the
victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the use of available objects as
weapons; (b) any act that causes damage to a victim's psyche and/or emotional
well-being; (c) any slanderous statement or accusation that causes the victim
undue emotional distress like directing foul language or profanity at the target,
name-calling, tormenting and commenting negatively on victim's looks, clothes
and body; and (d) cyber-bullying or any bullying done through the use of
technology or any electronic means. (Rep. Act No. 10627, Anti-Bullying Act of
2013, sec. 2) acTCA

Any severe or repeated use by one or more persons of a written, verbal or

electronic expression, or a physical act or gesture, or any combination thereof,
directed at another person that has the effect of actually causing or placing the
latter in reasonable fear of physical or emotional harm or damage to one's
property; creating a hostile environment for the other person; infringing on the
rights of another person; or materially and substantially disrupting the processes
or orderly operation of an institution or organization. (Rep. Act No.
11166, Philippine HIV and AIDS Policy Act (2018), sec. 3 (c))

BUMPING-OFF
 
The refusal to transport passengers with confirmed reservation to their planned
and contracted destinations. (Lufthansa German Airlines v. Court of Appeals,
G.R. No. 83612, November 24, 1994)

BURDEN OF PROOF
 
The duty to establish the truth of a given proposition or issue by such quantum of
evidence as the law demands in the case at which the issue arises. (Republic v.
De Borja, G.R. No. 187448, January 9, 2017)

BURIAL
 
Interment of remains in a grave, tomb or the sea. (Implementing Rules and
Regulations of Chapter XXI (Disposal of Dead Persons) of Pres. Decree No. 856
(1996), sec. 2(1))
BURIAL GROUNDS
 
Cemetery, memorial park or any place duly authorized by law for permanent
disposal of the dead. (Implementing Rules and Regulations of Chapter XXI
(Disposal of Dead Persons) of Pres. Decree No. 856 (1996), sec. 2(2))

BURNING ONE'S OWN PROPERTY AS A MEANS TO COMMIT ARSON

 
An offense committed by any person guilty of arson or causing great destruction
of property belonging to another even though he shall have set fire to or
destroyed his own property for the purpose of committing the crime. (Act No.
3815, Revised Penal Code (1930), art. 325)

BUS
 
A motor vehicle of any configuration with gross vehicle weight of 4.0 tons or more
with any number of wheels and axles, which is generally accepted and specially
designed for mass or public transportation. (Rep. Act No. 8424, Tax Reform Act
of 1997, sec. 149 (d))
A motor vehicle intended for mass transport or carrying of passengers. (Exec.
Order No. 877-A (2010), art. 2, sec. 1(c))

BUSINESS
 
That which occupies the time, attention and labor of men for the purpose of
livelihood or profit. It embraces everything that which a person can be
employed. (Laurel v. Abrogar, G.R. No. 155076, February 27, 2006, citing
Black's Law Dictionary, 5th ed., p. 179)
Includes the performance of the functions of a public office. (Rep. Act No.
8424, Tax Reform Act of 1997, sec. 22 (S) TISC
Trade or commercial activity regularly engaged in as a means of livelihood or
with a view to profit. (Rep. Act No. 7160, Local Government Code of 1991, sec.
131(d))

BUSINESS ENTERPRISES
 
Industrial, agricultural, or agro-industrial establishments engaged in the
production, manufacturing, processing, repacking, or assembly of goods,
including service-oriented enterprises, duly certified as such by appropriate
government agencies. (Rep. Act No. 6971, Productivity Incentives Act of 1990,
sec. 4(a)) 
acDHE

Establishments engaged in the production, manufacturing, processing,

repacking, assembly, or sale of goods and/or services, including service-oriented
enterprises. It shall include self-employed or own-account workers, micro, small,
and medium enterprises (MSMEs) and community-based business
enterprises. (Rep. Act No. 10771, Philippine Green Jobs Act of 2016, sec. 4 (a))

BUSINESS ESTABLISHMENT
 
Any person, natural or juridical, whether single proprietorship, partnership or
corporation, including a government-owned and -controlled corporation or a
government entity exercising its proprietary functions, engaged in, or doing
business in the Philippines, either in selling goods or providing services. (Rep.
Act No. 10909, No Shortchanging Act of 2016, sec. 3(a))

BUSINESS INCUBATORS
 
Facilities where startups are hosted and business development services are
provided. (Rep. Act No. 11293 (2019), sec. 3 (b) )

BUSINESS NAME (BN)

 
Any name used or signed by an individual or natural person in connection with
his/her business on any written or printed receipts, including receipts for business
taxes, or on any written or printed contract not verified by a Notary Public, or on
any written or printed evidence of business transaction, or any name used in
connection with his/her business other than his/her true name, or conspicuously
exhibited in plain view in or at the place where his/her business is concluded, if
he/she is engaged in a business, any sign announcing a business name or
style. (DTI Department Administrative Order No. 007-18, sec. 4.5)

BUSINESS NAME, FIRM NAME OR STYLE

 
Any name or designation other than the true name of a
person, partnership, corporation or association which is used or signed in
connection with his/its business or in (1) any written or printed receipt, including
receipt for tax on business; (2) any written or printed contract not verified by
a notary public; (3) any written or printed evidence of any agreement or
business transaction; and (4) any sign or billboard kept conspicuously exhibited
in plain view in or at the place of the business, announcing a firm name or
business name or style. (Rep. Act No. 7394, Consumer Act of the Philippines
(1992), art. 4(i)) 

BUSINESS OF RECEIVING COMMODITY FOR STORING

 
Includes (1) any contract or transaction wherein the warehouseman is obligated
to return the very same commodity delivered to him or to pay its value; (2) any
contract or transaction wherein the commodity delivered is to be milled for and on
account of the owner thereof; (3) any contract or transaction wherein the
commodity delivered is commingled with the commodity delivered by or
belonging to other persons, and the warehouseman is obligated to return the
commodity of the same kind or pay its value. (Act No. 3893, Bonded Warehouse
Act (1932), as amended, sec. 2)

BUSINESS ONE STOP SHOP (BOSS)

 
A single common site or location, or a single online website or portal designated
for the Business Permit and Licensing System (BPLS) of an LGU to receive and
process applications, receive payments, and issue approved licenses,
clearances, permits, or authorizations. (Rep. Act No. 11032 (2018), sec. 4)

BUTTERFLY
 
Butterfly-shaped pyrotechnic device designed to lift above ground while providing
light. (Rep. Act No. 7183 (1992), sec. 2 (B) (10))

BUY-BACK CENTER
 
A recycling center that purchases or otherwise accepts recyclable materials
from the public for the purpose of recycling such materials. (Rep. Act No.
9003, Ecological Solid Waste Management Act of 2000, sec. 2(d))

BUY-BUST OPERATION
 
A form of entrapment legally employed by peace officers as an effective way of
apprehending drug dealers in the act of committing an offense. (People v. Tion,
G.R. No. 172092, December 16, 2009)

BUYER
 
Anyone who purchases anything for money. (Tejada v. Homestead Property
Corp., G.R. No. 79622, September 29, 1989, citing Webster's Unabridged
Dictionary, 2nd Edition, page 248)

BUYER IN GOOD FAITH

 
See "Purchaser in Good Faith"
BUYO
 
A compound of a bunga fruit, betel leaves and lime for chewing. (People v.
Ragaza, G.R. No. L-22557, September 27, 1924)

BWC
 
Bureau of Working Conditions

BWYW
 
Bureau of Women and Young Workers

BY FORCE, INTIMIDATION, THREAT, STRATEGY OR STEALTH

 
Includes every situation or condition under which one person can wrongfully
enter upon real property and exclude another, who has had prior possession
thereof. (Quizon v. Juan, G.R. No. 171442, June 17, 2008)

BY-LAWS
 
Regulations, ordinances, rules or laws adopted by an association or corporation
or the like for its internal governance, including rules for routine matters such as
calling meetings and the like. (San Miguel Packing Corp. v. Mandaue Packing
Products Plants-San Miguel Packaging Products-San Miguel Corp. Monthlies
Rank-and-File Union-FFW, G.R. No 152356, August 16, 2005, citing Black's Law
Dictionary (Sixth Ed., 1990), at 201)

BY-PRODUCT
 
Any part taken from wildlife species such as meat, hides, antlers, feathers,
leather, fur, internal organs, bones, scales, scutes, carapace and the like, or
deadstock specimens of wildlife in its preserved/stuffed state, including
compounds indirectly produced in a bio-chemical process or cycle. (DENR
Administrative Order No. 01-09, sec. 2(3))

BY-PRODUCT OR DERIVATIVE
 
Any part taken or substance extracted from wildlife, in raw or in processed form.
This includes stuffed animals and herbarium specimens. (Rep. Act No.
9147, Wildlife Resources Conservation and Protection Act (2001), sec. 5(b))

CAAP
 
Civil Aviation Authority of the Philippines

CAB
 
Civil Aeronautics Board

CABALLERIA
 
A tract of land one hundred feet in breadth and two hundred in length, and in
other respects shall equal five peonias. (Valenton v. Murciano, G.R. No. 1413,
March 30, 1904, 3 Phil. 537, citing Crown. Law 1, Title 12, Book 4 of the
Recopilacion de Leyes de las Indias)

CABARET
 
A place of amusement where customers go because of their desire to dance and
where the "bailarinas" are the main attraction. Dancing is the main business and
customers patronize the place attracted by the "bailarinas." (Sy Chiuco v.
Collector of Internal Revenue, G.R. No. L-13387, March 28, 1960, 107 Phil.
428) ISAET

An establishment serving food and drinks and providing entertainment, usually

singing and/or dancing. (Implementing Rules and Regulations of Chapter XI
(Dancing Schools, Dance Halls, etc.) of Pres. Decree No. 856 (1998), sec. 2.2)

CABEZA DE BARANGAY
 
An elective barangay official. The barangay was ruled by a dato who exercised
absolute powers of government. While the Spaniards kept the barangay as the
basic structure of government, they stripped the dato or rajah of his powers.
Instead, power was centralized nationally in the governor general and locally in
the encomiendero and later, in the alcalde mayor and the gobernadorcillo.
The dato or rajah was much later renamed cabeza de barangay, who was
elected by the local citizens possessing property. The position degenerated from
a title of honor to that of a "mere government employee." (David v. Commission
on Elections, G.R. No. 127116, April 8, 1997, citing Blair and Robertson, The
Philippine Islands, 1493-1898, Vol. XVI, pp. 155-157 and Arcilla, An Introduction
to Philippine History, 1971 ed., p. 73)

CABLE INTERNET SERVICE

 
Transmission or delivery of electronic signals for a fee, to provide and facilitate
access to the worldwide web, for a fee, through a CATV transmission or delivery
system/network. (Rep. Act No. 10515, Anti-Cable Television and Cable Internet
Tapping Act of 2013, sec. 3 (b))

CABLE INTERNET SERVICE PROVIDER

 
Any person, natural or juridical, public or private, which was issued a registration
certificate as provided under existing laws, rules and regulations, to provide and
facilitate access to the worldwide web, for a fee, through a CATV transmission or
delivery system/network and is actually providing Cable Internet Service to its
subscribers. (Rep. Act No. 10515, Anti-Cable Television and Cable Internet
Tapping Act of 2013, sec. 3 (f))
CABLE INTERNET SYSTEM/NETWORK
 
A facility engaged in the transmission or delivery of electronic signals for a fee, to
provide and facilitate access to the worldwide web, for a fee, through a CATV
transmission or delivery system/network. (Rep. Act No. 10515, Anti-Cable
Television and Cable Internet Tapping Act of 2013, sec. 3 (d))

CABLE TELEVISION (CATV) SERVICE

 
Transmission or delivery of video and audio signals and programming for a fee,
through fiber optics, coaxial cable and other technological means. (Rep. Act No.
10515, Anti-Cable Television and Cable Internet Tapping Act of 2013, sec. 3 (a))

CABLE TELEVISION (CATV) SERVICE PROVIDER

 
Any person, natural or juridical, public or private, which was granted a Certificate
of Authority or Provisional Authority as provided under existing laws, rules and
regulations, to install, operate and maintain a CATV System/Network and is
actually providing Cable Television (CATV) Service to its subscribers. (Rep. Act
No. 10515, Anti-Cable Television and Cable Internet Tapping Act of 2013, sec. 3
(e))

CABLE TELEVISION (CATV) SYSTEM/NETWORK

 
A facility engaged in the transmission or delivery of video and audio signals and
programming for a fee, through fiber optics, coaxial cable and other technological
means. (Rep. Act No. 10515, Anti-Cable Television and Cable Internet Tapping
Act of 2013, sec. 3 (c))

CABLE TRANSFER
 
A method of transmitting money by cable wherein the seller engages that he has
the balance at the point on which the payment is ordered and that on receipt of
the cable directing the transfer his correspondent at such point will make
payment to the beneficiary described in the cable. (Kauffman v. Philippine
National Bank, G.R. No. 16454, September 29, 1921, 42 Phil. 182)

CABO
 
A person or group of persons or a labor group which, under the guise of a labor
organization, cooperative or any entity, supplies workers to an employer, with or
without any monetary or other consideration, whether in the capacity of an agent
of the employer or as an ostensible independent contractor. (DOLE Department
Order No. 174-17, March 16, 2017, sec. 3 (b))

CABO SYSTEM
 
A system that engages the services of union members as laborers to perform the
work of arrastre and stevedoring service aboard vessels, and the services
rendered shall charge shippers and/or consignees in accordance with the
consignment or place, and the proceeds thereof shall be shared by the union
members in accordance with the union's internal rules and regulations. (Allied
Free Workers' Union v. Compania Maritima, G.R. Nos. L-22951 & L-22952,
January 31, 1967)

CABORRATA
 
A handy leather-covered rod containing a hard metal at its end. (People v.
Dagatan, G.R. No. L-10851, August 28, 1959, 106 Phil. 88)

CABORRATA
 
A handy leather-covered rod containing a hard metal at its end. (People v.
Dagatan, G.R. No. L-10851, August 28, 1959, 106 Phil. 88)
CABORRATA
 
A handy leather-covered rod containing a hard metal at its end. (People v.
Dagatan, G.R. No. L-10851, August 28, 1959, 106 Phil. 88)

CADASTRAL CASE
 
A case to determine which one of several conflicting registered titles shall prevail;
a judicial proceeding in rem which, as such, binds the whole world. (Gabriel v.
Court of Appeals, G.R. No. L-26348, March 30, 1988, citing Timbol v. Diaz, G.R.
No. 20159, March 5, 1923, 44 Phil. 589-590 and Nieto v. Quines, G.R. No. L-
14634, September 29, 1962)

CADASTRAL PROCEEDING
 
A proceeding in which the Government is actually the plaintiff and all the
claimants are defendants. This is because the former, represented by the
Solicitor General, institutes the proceedings by a petition against the holder,
claimants, possessors or occupants of such lands or any part thereof while the
latter, or those claiming interest in the entire land or any part of it, whether named
in the notice or not, are required to appear before the court and file an answer on
or before the return day or within such further time as may be allowed by the
court. All conflicting interests shall be adjudicated therein and the decree
awarded in favor of the party entitled to the land; when it has become final, the
decree shall serve as the basis for an original certificate of title in favor of the
said party. This shall have the same effect as a certificate of title granted under
the Land Registration Act. (Llenares v. Court of Appeals, G.R. No. 98709, May
13, 1993, citing Director of Lands v. Roman Catholic Archbishop of Manila, G.R.
No. 14869, October 27, 1920, 41 Phil. 120; Act No. 2259, Cadastral Act (1913)
and Pres. Decree No. 1529, Property Registration Decree (1978))

CADENA
 
Imprisonment in chains. (United States v. Bare, G.R. No. 1401, January 27,
1904)

CADENA PERPETUA
 
Life imprisonment. (People v. Hu Ruey Chun, G.R. No. 158064, June 30, 2005)

CADENA TEMPORAL
 
Reclusion temporal.

CAFÉ
 
A coffee-house; a room for coffee and light refreshment; a restaurant; formerly in
the United States, a barroom. (Malicse v. Collector of Internal Revenue, G.R. No.
L-7578, July 24, 1956, citing Webster's International Dictionary)

CAJON
 
A dike. (Penuela v. Hornada, G.R. No. L-16739, April 20, 1961)

CALENDAR MONTH
 
A month as designated in the calendar, without regard to the number of days it
may contain. In commercial transactions it means a month ending on the day in
the succeeding month corresponding to the day in the preceding month from
which the computation began, and if the last month has not so many days, then
on the last day of that month. (Gutierrez v. Carpio, G.R. No. 31025, August 15,
1929, 53 Phil. 334, citing Daley v. Anderson, 48 Pac., 839, 840; 7 Wyo., 1; 75
Am. St. Rep., 870)
CALIBRATION
 
Set of operations establishing under specified conditions, relationship between
values indicated by a measuring instrument or measuring system, or values
represented by material measure, and its corresponding known values of
measure. (Rep. Act No. 9236, National Metrology Act of 2003, sec. 3(c))

CALICUT
 
A comparatively harmless weapon. It is an instrument shaped like a small
chisel (escoplo) with no point or cutting edge on either side, and is used for the
purpose of taking out the contents of betel nuts or the like. (United States v.
Mack, G.R. No. L-3515, October 3, 1907, 8 Phil. 701)

CALL OPTIONS
 
Rights to buy. (Amended Implementing Rules and Regulations of the Securities
Regulation Code (2003), SRC Rule 3(F)(2))

CALLEJON
 
A narrow street. (United States v. Balagtas, G.R. No. 6432, March 22, 1911, 19
Phil. 164)

CALUMNIA
 
See "Calumny"

CALUMNY
 
The false imputation of a crime against the person upon which a prosecution
might be instituted by the Government. In other words, any false imputation
against a person of a crime which is punishable under the Penal Code,
constitutes the crime of calumny. (People v. Castro, G.R. No. 18020, September
28, 1922, 43 Phil. 842) DAaTC

The false imputation of a crime upon which a prosecution might be instituted by

the government of its own motion. (The Penal Code, art. 452)

CAMCORDING
 
Any of the following unlawful acts: (a) to use or attempt to use an audiovisual
recording device to transmit or make a copy of any performance in an exhibition
facility of such cinematographic film or other audiovisual work or its soundtrack,
or any part thereof; (b) to have in his/her possession, an audiovisual recording
device in an exhibition facility, with the intent of using or attempts to use the
audiovisual recording device to transmit or make a copy of any performance in
the exhibition facility of such cinematographic film or other audiovisual work or its
soundtrack, or any part thereof; or (c) to aid, abet or connive in the commission
of the acts prohibited under this section. (Rep. Act No. 10088, Anti-Camcording
Act of 2010, sec. 2(d) and 3)

CAMPAIGN PERIOD
 
The period of campaign shall be as follows: (1) Presidential and Vice-Presidential
Election — 90 days; (2) Election of Members of the Batasang Pambansa and
Local Election — 45 days; and (3) Barangay Election — 15 days. The campaign
periods shall not include the day before and the day of the election. However, in
case of special elections under Article VIII, Section 5, Subsection (2) of
the Constitution, the campaign period shall be forty-five days. (Batas Blg.
881, Omnibus Election Code (1985), sec. 3)

CANCEL
 
To obliterate, cross out, or invalidate; to strike out; delete; erase; make void or
invalid; annul; destroy; revoke or recall. (People v. Sandiganbayan, G.R. No.
152532, August 16, 2005, citing Statsky, Hussey, Diamond, and Nakamura,
West's Legal Desk Reference (1991), p. 46 and Moreno, Philippine Law
Dictionary (3rd ed., 1988), p. 129)
To strike out, to revoke, rescind or abandon, to terminate. (Spouses Bautista v.
Pilar Development Corp., G.R. No. 135046, August 17, 1999, citing Black's Law
Dictionary, 4th ed. (1951))

CANCELLED PLAN
 
A plan that can no longer be reinstated by reason of delinquency in the payment
of installments for more than two (2) years or a longer period as provided in the
contract, counted from the expiry of the grace period provided for in the plan or
contract. (Rep. Act No. 9829, Pre-Need Code of the Philippines (2009), sec.
4(p))

CANCER
 
Derived from the Latin word "cancer" which means "crab"; in the medical sense,
it refers to a malignant, usually fatal, tumor or growth. (Vda. de Laron v.
Workmen's Compensation Commission, G.R. No. L-43344, September 29, 1976,
citing Schmidt's Attorney's Dictionary of Medicine, 1965 Sup. 143; Beerman v.
Public Service Coordinated Transport, 191 A. 297, 299; Words & Phrases, 6
Permanent Ed. 61)
A disease of still unknown origin which strikes people in all walks of life,
employed or unemployed. There are certain predisposing factors such as
working with chemicals, being exposed to radiation, handling asbestos fibers,
etc. (Servino v. Adolfo, A.M. No. P-06-2204, November 30, 2006, citing Milano v.
Employees' Compensation Commission, G.R. No. L-50545, May 23, 1986)  CHSDc

A generic term for a large group of diseases that can affect any part of the body.
Other terms used are malignant tumors and neoplasms. One defining feature of
cancer is the rapid creation of abnormal cells that grow beyond their usual
boundaries, and which can then invade adjoining parts of the body and spread to
other organs. (Rep. Act No. 11215, National Integrated Cancer Control Act
(2019), sec. 3 (b))

CANCER CONTROL
 
The strategies to reduce the incidence, morbidity and mortality and improve the
quality of life of cancer patients in a defined population, through the systematic
implementation of evidence-based interventions for prevention, early detection,
diagnosis, treatment and palliative care. (Rep. Act No. 11215, National
Integrated Cancer Control Act (2019), sec. 3 (c))

CANCER DIAGNOSIS
 
The various techniques and procedures used to detect or confirm the presence
of cancer. (Rep. Act No. 11215, National Integrated Cancer Control Act (2019),
sec. 3 (d))

CANCER REGISTRY
 
A database that contains information about people diagnosed with various types
of cancer. The registry shall require systematic collection, storage, analysis,
interpretation and reporting of data on subjects with cancer. There are two (2)
main types of cancer registry: (1) population-based cancer registry, which refers
to the collection of data on all new cases of cancer occurring in a well-defined
population, including mortality and survivorship; (2) hospital-based cancer
registry, which refers to the recording of information on the cancer patients
diagnosed and treated in a particular hospital. (Rep. Act No. 11215, National
Integrated Cancer Control Act (2019), sec. 3 (e))

CANCER REHABILITATION
 
A program that helps people with cancer maintain and restore physical and
emotional well-being. Cancer rehabilitation is available before, during and after
cancer treatment. (Rep. Act No. 11215, National Integrated Cancer Control Act
(2019), sec. 3 (f))

CANCER SCREENING
 
The detection of cancer before symptoms start to appear. This may involve blood
tests, deoxyribonucleic acid (DNA) tests, urine tests and other tests such as
medical imaging. (Rep. Act No. 11215, National Integrated Cancer Control Act
(2019), sec. 3 (g))

CANCER SURVIVORSHIP
 
The period starting at the time of disease diagnosis and continues throughout the
rest of the patient's life. Family, carers and friends are also considered survivors.
Survivorship care has three (3) distinct phases: living through, with, and beyond
cancer. (Rep. Act No. 11215, National Integrated Cancer Control Act (2019),
sec. 3 (h))

CANCER TREATMENT
 
The series of interventions that are aimed at curing the disease and improve the
patient's quality of life, such as psychosocial and nutritional support, surgery,
radiotherapy, radioisotope therapy, and drug therapy, which includes
chemotherapy, hormonotherapy, biotherapeutics, immunotherapy, gene therapy
and supportive therapy. (Rep. Act No. 11215, National Integrated Cancer Control
Act (2019), sec. 3 (h))

CANDELA
 
The base unit of luminous intensity. It is the luminous intensity, in the
perpendicular direction, of a surface of 1/600 000 square metre of a blackbody at
the temperature of freezing platinum under a pressure of 101 325 newtons per
square metre. (Batas Blg. 8 (1978), sec. 4(f))

CANDIDATE
 
Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Batas Blg. 881, Omnibus Election Code of
the Philippines (1985), sec. 79(a))

CANINE
 
A working dog capable of performing various tasks/discipline such as
bomb/narcotic detection, attack, patrolling, tracking, search and rescue. (2003
Revised Rules and Regulations Implementing Rep. Act No. 5487 (2008), sec.
4(e))

CANNABIS
 
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and character of marijuana,
whether dried or fresh and flowering, flowering or fruiting tops, or any part or
portion of the plant and seeds thereof, and all its geographic varieties, whether
as a reefer, resin, extract, tincture or in any form whatsoever. (Rep. Act No.
9165, Comprehensive Dangerous Drugs Act of 2002, sec. 3(v))  TADcH

See also "Indian Hemp"

CANNING
 
The preservation of meat in hermetically sealed containers. (Rep. Act No.
9296, Meat Inspection Code of the Philippines (2004), sec. 4(5))

CAPABILITY BUILDING
 
The process of enhancing the viability and sustainability
of microfinance institutions through activities that include training in
microfinance technologies, upgrading of accounting and auditing systems,
technical assistance for the installation or improvement of management
information systems, monitoring of loans and other related activities. The term
capability building shall in no way refer to the provision of equity investments,
seed funding, partnership's seed funds, equity participation, start-up funds or any
such activity that connotes the infusion of capital or funds from the government or
from the people's development trust fund to microfinance institution as defined in
this Act. Capability building precludes the grant of any loan or equity funds to the
microfinance institution. (Rep. Act No. 8425, Social Reform and Poverty
Alleviation Act (1998), sec. 3 (d))

CAPABLE OF USE AS HUMAN FOOD

 
Applies to any carcass, or part or product of a carcass, of any animal unless it is
denatured or otherwise identified as required by regulations prescribed by the
Secretary (of Agriculture) to deter its use as human food, or it is naturally inedible
by humans. (Rep. Act No. 9296, Meat Inspection Code of the Philippines (2004),
sec. 4(6))

CAPACITY
 
A combination of all strengths and resources available within a community,
society or organization that can reduce the level of risk, or effects of a disaster.
Capacity may include infrastructure and physical means, institutions, societal
coping abilities, as well as human knowledge, skills and collective attributes such
as social relationships, leadership and management. Capacity may also be
described as capability. (Rep. Act No. 10121, Philippine Disaster Risk Reduction
and Management Act of 2010, sec. 3(b))

CAPACITY TO ACT
 
The power to do acts with legal effect. (Rep. Act No. 386, Civil Code of the
Philippines (1949), as amended, art. 37)

CAPACITY TO SUE, LACK OF

 
See "Lack of Capacity to Sue"
CAPAR
 
Spanish; synonymous to castrar; the destruction of the organs of generation or
conception. (Aguirre v. Secretary of the Department of Justice, G.R. No. 170723,
March 3, 2008, citing United States v. Esparcia, G.R. No. 12694, September 6,
1917, 36 Phil. 840)

CAPITAL
 
In Section 11, Article XII of the Constitution refers only to shares of stock that can
vote in the election of directors. (Gamboa v. Teves, G.R. No. 176579, June 28,
2011)
The value of the property or assets of a corporation. (National
Telecommunications Commission v. Court of Appeals, G.R. No. 127937, July 28,
1999)
Paid-up capital at the end of the last full accounting period, in the case of
corporations or total invested capital at the beginning of the period under review,
in the case of partnerships and single proprietorships. (Rules Implementing
Wage Order No. NCR-10 (2004), as amended, rule I, sec. 2(o))

CAPITAL ASSETS
 
Property held by the taxpayer (whether or not connected with his trade or
business), but does not include stock in trade of the taxpayer or other property of
a kind which would properly be included in the inventory of the taxpayer if on
hand at the close of the taxable year, or property held by the taxpayer primarily
for sale to customers in the ordinary course of his trade or business, or property
used in the trade or business, of a character which is subject to the allowance for
depreciation provided in Subsection (F) of Section 34; or real property used in
trade or business of the taxpayer. (Rep. Act No. 8424, Tax Reform Act of 1997,
sec. 39(A)(1)) cHAaS

All real properties held by a taxpayer, whether or not connected with his trade or
business, and which are not included among the real properties considered as
ordinary assets under Sec. 39(A)(1) of the National Internal Revenue
Code. (Gaw, Jr. v. Commissioner of Internal Revenue, G.R. No. 222837, July 23,
2018, citing Revenue Regulations No. 7-2003, sec. 2 (a)

CAPITAL EXPENDITURE
 
See "Capital Outlay" (Exec. Order No. 292, Administrative Code of 1987, as
amended, book VI, chap. 1, sec. 2(5))

CAPITAL LOSS
 
The loss incurred when the property sold or exchanged is a capital asset. (China
Banking Corporation v. Court of Appeals, G.R. No. 125508, July 19, 2000)

CAPITAL OFFENSE
 
An offense which, under the law existing at the time of its commission and of the
application for admission to bail, may be punished with death. (Revised Rules on
Criminal Procedure, A.M. No. 00-5-03-SC, October 3, 2000, rule 114, sec. 6)

CAPITAL OUTLAY
 
An appropriation for the purchase of goods and services, the benefits of which
extend beyond the fiscal year and which add to the assets of the Government,
including investments in the capital of government-owned or controlled
corporations and their subsidiaries. (Exec. Order No. 292, Administrative Code
of 1987, as amended, book VI, chap. 1, sec. 2 (5))

CAPITAL STOCK SUBSCRIBED OR PAID

 
The amount that the corporation receives, inclusive of the premiums, if any, in
consideration of the original issuance of the shares. (Philippine Long Distance
Telephone Co. v. National Telecommunications Commission, G.R. No. 152685,
December 4, 2007)

CAPITAL STOCK, OUTSTANDING

 
See "Outstanding Capital Stock"

CAPITAL SUBSCRIBED
 
See "Subscribed Capital"

CAPITALIZATION
 
That which represents the total amount of the various securities issued by a
corporation. It may include bonds, debentures, preferred and common stock and
surplus. (Luzon Polymers Corp. v. Clave, G.R. No. 51009, June 10, 1992, citing
Black's Law Dictionary, 5th ed., p. 190)

CAPITATION
 
A payment mechanism where a fixed rate, whether per person, family,
household, or group, is negotiated with a health care provider who shall be
responsible for delivering or arranging for the delivery of health services required
by the covered person under the conditions of a health care provider
contract. (Rep. Act No. 7875, National Health Insurance Act of 1995, as
amended, sec. 4(b)) 

CAPITATION TAX
 
See "Poll Tax"
CAPRICIOUS
 
Usually used in tandem with the term arbitrary, conveys the notion of willful and
unreasoning action. (Soriano v. People, G.R. Nos. 159517-18, June 30, 2009)

CAPTAIN-OF-THE-SHIP DOCTRINE
 
In medical cases, this doctrine holds the surgeon in charge of an operation liable
for the negligence of his assistants during the time when those assistants are
under the surgeon's control. (Cantre v. Spouses Go, G.R. No. 160889, April 27,
2007, citing Black's Law Dictionary 192 (5th ed., 1979))
Under this doctrine, a surgeon is likened to a captain of the ship, in that it is his
duty to control everything going on in the operating room. (Ramos v. Court of
Appeals, G.R. No. 124354, April 11, 2002, citing McConnell v. Williams, 65 A 2d
243 [1949])

CAPTION
 
Sets forth the name of the court, the title of the action, and the docket number if
assigned. The title of the action indicates the names of the parties. They shall all
be named in the original complaint or petition; but in subsequent pleadings, it
shall be sufficient if the name of the first party on each side be stated with an
appropriate indication when there are other parties. Their respective participation
in the case shall be indicated. (1997 Rules of Civil Procedure, rule 7, sec.
1; Spouses Munsalud v. National Housing Authority, G.R. No. 167181,
December 23, 2008)

CAPTIVE-BREEDING/CULTURE OR PROPAGATION
 
The process of producing individuals under controlled conditions or with human
intervention. (Rep. Act No. 9147, Wildlife Resources Conservation and
Protection Act (2001), sec. 5(c))
CAPTURE
 
With respect to an image, means to videotape, photograph, film, record by any
means, or broadcast. (Rep. Act No. 9995, Anti-Photo and Video Voyeurism Act
of 2009, sec. 3(b))

CARBINE
 
A short, light rifle. (People v. Narvaez, G.R. No. 140759, January 24, 2002, citing
Webster's Encyclopedic Unabridged Dictionary, p. 221 (1989); The New Oxford
Dictionary of English, p. 273 (1999))

CARBON NEUTRALITY
 
Achieving net zero carbon emissions or having a net zero carbon footprint, by
balancing a measured amount of emission with an equivalent amount
sequestered, through planting trees and protecting existing forests. (DENR
Administrative Order No. 003-17 (2017), sec. 4 (c))

CARCASS
 
The body of any slaughtered animal after bleeding and dressing. (Rep. Act No.
9296, Meat Inspection Code of the Philippines (2004), sec. 4(7)) 

CARD ASSOCIATION
 
Any company that provides credit card network such as, but not limited to,
American Express, VISA International, MasterCard International, JCB
International, Diners Club, and China Union Pay. (Rep. Act No.
10870, Philippine Credit Card Industry Regulation Law (2016), sec. 5 (e))
CARD ISSUER
 
A bank or financial institution authorized by the BSP that issues the
credit/debit/prepaid card directly to the consumer. It assumes the primary liability
for the cardholder's capacity to pay for payments made using the card. (Revenue
Regulations No. 03-16, sec. 2 (9))

CARD NETWORK
 
The existing card "brands" like Visa, Mastercard, etc. (Revenue Regulations No.
03-16, sec. 2 (14))

CARD PAYMENT INFORMATION SYSTEM (CPIS)

 
Information system that implements the mechanics of electronic transactions. It
involves the maintenance of database of all pertinent information on cardholders,
merchants, details of transactions, etc., that are processed thru the system and is
capable of generating reports on all required information by its users. (Revenue
Regulations No. 03-16, sec. 2 (11))

CARD PROCESSOR
 
Entity that processes the card payment transactions and is responsible for
obtaining the payment approval from the card issuer through the card
network. (Revenue Regulations No. 03-16, sec. 2 (13))

CARD SKIMMING
 
A type of fraud which involves illegal copying of information from the magnetic
stripe of payment card to gain access to customer accounts. (Rep. Act No.
8484, Access Devices Regulation Act of 1998, sec. 3 (p), as amended by Rep.
Act No. 11449 (2019))
CARDHOLDER
 
The holder of the credit/debit/prepaid card issued under its/his/her name used to
make the tax payment. (Revenue Regulations No. 03-16, sec. 2 (6))

CARDIAC TAMPONADE
 
Mechanical compression of the heart by large amounts of fluid or blood within the
pericardial space that limits the normal range of motion and function of the
heart. (People v. Tena, G.R. No. 100909, October 21, 1992, citing Webster's
Third New International Dictionary)

CARDIOVASCULAR DISEASES
 
Disorders that affect the normal ability of the heart (cardio) and the blood vessesl
(vascular) to function. (Government Service Insurance System v. Corrales, G.R.
No. 16626, June 27, 2008, citing Dorland's Medical Dictionary, 24th Edition, p.
255) 

CAREER SERVICE POSITION

 
That where: (1) entrance is based on merit and fitness or highly
technical qualifications; (2) there is opportunity for advancement to higher career
positions; and (3) there is security of tenure. (Civil Service Commission v.
Sojor, G.R. No. 168766, May 22, 2008)

CARGO
 
The load or lading of a vessel; goods and merchandise put on board a ship to be
carried to a certain port. (Commissioner of Customs v. Compania General de
Tabacos de Filipinas, G.R. No. L-9901, August 30, 1957, citing Black's Law
Dictionary)
Lading of a ship or vessel and signifies that which is intended to be disposed of
at the port with the ship. (Wil Wilhelmsen, Inc. v. Baluyut, G.R. Nos. L-27350-51,
May 11, 1978)

CARGO TRAILER
 
See "Hauler"

CARGOWORTHINESS
 
A vessel is cargoworthy if it is sufficiently strong and equipped to carry the
particular kind of cargo which she has contracted to carry, and her cargo must be
so loaded that it is safe for her to proceed on her voyage. A mere right given to
the charterer to inspect the vessel before loading and to satisfy himself that she
was fit for the contracted cargo does not free the shipowner from his obligation to
provide a cargoworthy ship. (Santiago Lighterage Corp. v. Court of Appeals,
G.R. No. 139629, June 21, 2004, citing Eduardo F. Hernandez and Antero A.
Peñasales, Philippine Admiralty and Maritime Law, 501-502 (1987))

CARNAL KNOWLEDGE
 
In law, it is synonymous with sexual intercourse. (People v. Almendral, G.R. No.
126025, June 30, 2004, citing 6 Words and Phrases 271 citing State v. Croteau,
184 A.2d 683, 684, 158 Me. 360)  IEHDC

The act of a man having sexual bodily connections with a woman. (People v.

Butiong, G.R. No. 168932, October 19, 2011, citing Black's Law Dictionary 193
(5th ed., 1979))
'Carnal knowledge,' unlike its ordinary connotation of sexual intercourse, does
not necessarily require that the vagina be penetrated or that the hymen be
ruptured. The crime of rape is deemed consummated even when the man's penis
merely enters the labia or lips of the female organ or, as once so said in a case,
by the mere touching of the external genitalia by a penis capable of
consummating the sexual act. (People v. Banzuela, G.R. No. 202060, December
11, 2013, citing People v. Tampos y Agustin, G.R. No. 142740, August 6, 2003,
455 Phil. 844, 857-858)
CARNAPPING
 
The taking, with intent to gain, of a motor vehicle belonging to another without
the latter's consent, or by means of violence against or intimidation of persons, or
by using force upon things. (People v. Lagat y Gawan, G.R. No. 187044,
September 14, 2011, citing Rep. Act No. 6539, Anti-Carnapping Act of 1972,
sec. 2) 
cITSD

The elements of carnapping are thus: (1) the taking of a motor vehicle which
belongs to another; (2) the taking is without the consent of the owner or by
means of violence against or intimidation of persons or by using force upon
things; and (3) the taking is done with intent to gain. Carnapping is essentially
the robbery or theft of a motorized vehicle, the concept of unlawful taking in
theft, robbery and carnapping being the same. (People v. Bustinera, G.R. No.
148233, June 8, 2004, citing People v. Lobitania, G.R. No. 142380, September
5, 2002 and People v. Fernandez, G.R. No. 132788, October 23, 2003)

CARP
 
Comprehensive Agrarian Reform Program

CARP BENEFICIARIES
 
Farmers or their kin who had received Certificates of Land Ownership Award
(CLOA) or Emancipation Patents under Republic Act No. 6657, as amended,
otherwise known as the "Comprehensive Agrarian Reform Law of 1988". (Rep.
Act No. 10618, Rural Farm Schools Act (2013), sec. 3(f))

CARPETA
 
The institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutor's
information and the decisions of the trial court and the appellate court, if any;
certificate of non-appeal, certificate of detention and other pertinent documents of
the case. (Revised Rules and Regulations of the Board of Pardons and Parole
(2002), sec. 2(j))

CARRIER
 
The owner or the charterer who enters into a contract of carriage with a
shipper. (Insurance Company of North America v. Philippine Ports Terminal, Inc.,
G.R. No. L-6420, July 18, 1955, citing Public Act No. 521, Carriage of Goods by
Sea Act (1936), sec. 1)  TCAED

Any vessel, train, vehicle, aircraft or other modes of transportation. (Rep. Act No.
10697, Strategic Trade Management Act (STMA) (2015), sec. 5 (b))
The person actually transporting goods or in charge of or responsible for the
operation of the means of transport such as airlines, shipping lines, freight
forwarders, cargo consolidators, non-vessel operating common carriers and
other international transport operators. (Rep. Act No. 10863, Customs
Modernization and Tariff Act (2016), sec. 102 (j))

CARTEL
 
See "Oligopoly"

CARTELIZATION
 
Any agreement, combination or concerted action by refiners, importers and/or
dealers, or their representatives, to fix prices, restrict outputs or divide markets,
either by products or by areas, or allocate markets, either by products or by
areas, in restraint of trade or free competition, including any contractual
stipulation which prescribes pricing levels and profit margins. (Rep. Act No.
8479, Downstream Oil Industry Deregulation Act of 1998, sec. 11(a))

CASE-BASED PAYMENT
 
Hospital payment method that reimburses to hospitals a predetermined fixed rate
for each treated case or disease; also called per case payment. (Rep. Act No.
10606, National Health Insurance Act of 2013, sec. 4)

CASE MANAGEMENT
 
A process used by the Department of Social Welfare and Development (DSWD)
to enable the household-beneficiaries to improve their functioning by dealing with
their difficulties specifically in complying with the terms of the program. (Rep. Act
No. 11310, Pantawid Pamilyang Pilipino Program (4Ps) Act (2019), sec. 3 (b))

CASE ROLLOS
 
Case folders (i.e., of civil, criminal, special and other cases) containing the
basic pleadings, motions, papers and other documents filed by the respective
lawyers and litigants therein. (Internal Rules on the Proper Disposal of Case
Rollos of the Court of Appeals, A.M. No. 09-7-06-CA, September 30, 2009)

CASE STUDY REPORT

 
A written report of the result of an investigation conducted by a social worker as
to the socio-cultural, economic and legal status or condition of the child sought to
be committed. It shall include, among others, his developmental age, educational
attainment, family and social relationships, the quality of his peer group, his
family's strengths and weaknesses and parental control over him. The report is
submitted to the Family Court to aid in its evaluation of whether the child ought to
be committed to the care of the Department (of Social Welfare and Development)
or any duly licensed child-placement or child-caring agency or individual. (Rule
on Commitment of Children, A.M. No. 02-1-19-SC, February 28, 2002, sec. 3(s))

CASH
 
A sum of money. (Dissenting Opinion of J. Brion in People's Broadcasting
(Bombo Radyo Phils., Inc.) v. Secretary of the Department of Labor and
Employment, G.R. No. 179652, May 8, 2009, citing Black's Law Dictionary, 6th
ed., p. 216)

CASH BAIL
 
A sum of money posted by a criminal defendant to ensure his presence in court,
used in place of a surety bond and real estate. (Dissenting Opinion of J. Brion
in People's Broadcasting (Bombo Radyo Phils., Inc.) v. Secretary of the
Department of Labor and Employment, G.R. No. 179652, May 8, 2009, citing
Black's Law Dictionary, 6th ed., p. 216)

CASH DISCOUNT
 
One granted by business establishments to credit customers for their prompt
payment. It is a "reduction in price offered to the purchaser if payment is made
within a shorter period of time than the maximum time specified." Also referred to
as a sales discount on the part of the seller and a purchase discount on the part
of the buyer. (Commissioner of Internal Revenue v. Central Luzon Drug Corp.,
G.R. No. 159647, April 15, 2005, citing Valix and Peralta, Financial Accounting,
Volume One (2002), p. 347 and Editorial Staff of Prentice-Hall, Inc.,
Encyclopedic Dictionary of Business Finance (2nd printing, 1962), pp. 117-118)

CASH PRICE
 
In case of a trade transaction, the amount of money which would constitute full
payment upon delivery of the property (except money) or service purchased at
the creditor's place of business. In the case of financial transactions, cash price
represents the amount received by the debtor upon consummation of the credit
transaction, net of finance charges collected at the time the credit is extended, if
any. (Rep. Act No. 7394, Consumer Act of the Philippines (1992), art. 4(j))

CASH PRICE
 
In case of a trade transaction, the amount of money which would constitute full
payment upon delivery of the property (except money) or service purchased at
the creditor's place of business. In the case of financial transactions, cash price
represents the amount received by the debtor upon consummation of the credit
transaction, net of finance charges collected at the time the credit is extended, if
any. (Rep. Act No. 7394, Consumer Act of the Philippines (1992), art. 4(j))

CASH SALE
 
In business dealings, these words are frequently used when in reality a short
period of credit is contemplated. In such a case, it is clear there is no cash sale in
the legal sense; for, under the circumstances suggested, it is not contemplated
that the buyer shall refrain from dealing with the goods or even from reselling
them, and if such is the contemplation of the parties, it is impossible to say that
the property was not to pass until the price was paid. (Ocejo, Perez & Co. v. The
International Banking Corp., G.R. No. L-10658, February 14, 1918)

CASHIER'S CHECK
 
A check of the bank's cashier on his own or another check. In effect, it is a bill of
exchange drawn by the cashier of a bank upon the bank itself, and accepted in
advance by the act of its issuance. It is really the bank's own check and may be
treated as a promissory note with the bank as a maker. The check becomes the
primary obligation of the bank which issues it and constitutes its written promise
to pay upon demand. The mere issuance of it is considered an acceptance
thereof. If treated as promissory note, the drawer would be the maker and in
which case the holder need not prove presentment for payment or present the bill
to the drawee for acceptance. (International Corporate Bank v. Gueco, G.R. No.
141968, February 12, 2001, citing Anderson v. Bank of Tupelo, 135 Miss. 351,
100 So. 179; Republic v. PNB, G.R. No. L-16106, December 30, 1961)

CASINO
 
A business authorized by the appropriate government agency to engage in
gaming operations. (Rep. Act No. 10927 (2017), sec. 3)

CASINO CASH TRANSACTION

 
Transaction involving the receipt of cash by a casino paid by or on behalf of a
customer; or transaction involving the payout of cash by a casino to a customer
or to any person in his/her behalf. (Rep. Act No. 10927 (2017), sec. 3)

CASO FORTUITO
 
An event that takes place by accident and could not have been foreseen.
Examples of this are destruction of houses, unexpected fire, shipwreck, violence
of robbers. (Servando v. Philippine Steam Navigation Co., G.R. Nos. L-36481-2,
October 23, 1982, 203 Phil. 184)  EcTDI

In a legal sense and, consequently, also in relation to contracts, a caso

fortuito presents the following essential characteristics: (1) The cause of the
unforeseen and unexpected occurrence, or of the failure of the debtor to comply
with his obligation, must be independent of the human will. (2) It must be
impossible to foresee the event which constitutes the caso fortuito, or if it can be
foreseen, it must be impossible to avoid. (3) The occurrence must be such as to
render it impossible for the debtor to fulfill his obligation in a normal manner. And
(4) the obligor (debtor) must be free from any participation in the aggravation of
the injury resulting to the creditor. (Lasam v. Smith, G.R. No. 19495, February 2,
1924, citing 5 Enciclopedia Juridica Española, 309)
Fortuitous event. (Mindex Resources Development v. Morillo, G.R. No. 138123,
March 12, 2002)
An unexpected event or act of God which could neither be foreseen nor resisted,
such as floods, torrents, shipwrecks, conflagrations, lightning, compulsion,
insurrections, destruction of buildings by unforeseen accidents and other
occurrences of a similar nature. (Tan v. Court of Appeals, G.R. No. 100942,
August 12, 1992, citing Escriche)  aCcST

In a legal sense and, consequently, also in relation to contracts, a 'caso fortuito'

presents the following essential characteristics: (1) the cause of the unforeseen
and unexpected occurrence, or of the failure of the debtor to comply with his
obligation, must be independent of the human will; (2) it must be impossible to
foresee the event which constitutes the 'caso fortuito', or if it can be foreseen, it
must be impossible to avoid; (3) the occurrence must be such as to render it
impossible for the debtor to fulfill his obligation in a normal manner; and (4) the
obligor must be free from any participation in the aggravation of the injury
resulting to the creditor. (Servando v. Philippine Steam Navigation Co., G.R.
Nos. L-36481-2, October 23, 1982, citing Enciclopedia Juridica Española)  AIaHD

See "Force Majeure"

CAST
 
To deposit formally or officially. (Javellana v. Executive Secretary, G.R. No. L-
36142, March 31, 1973, citing Maddox v. Board of State Canvassers, 149 P. 2d.
112, 115)

CASTRAR
 
See "Capar"

CASTRATION
 
The removal of the testes or ovaries. (Aguirre v. Secretary of the Department of
Justice, G.R. No. 170723, March 3, 2008, citing Webster's Third New
International Dictionary (1993 ed.), p. 1493)

CASUAL EMPLOYMENT
 
An employment shall be deemed to be casual if it is not covered by the
definitions of regular, project or seasonal employment: Provided, That any
employee who has rendered at least one year of service, whether such service is
continuous or broken, shall be considered a regular employee with respect to the
activity in which he is employed and his employment shall continue while such
activity exists. (Pres. Decree No. 442, Labor Code of the Philippines (1974), as
amended, art. 280)
What determines regularity or casualness is not the employment contract, written
or otherwise, but the nature of the job. If the job is usually necessary or desirable
to the main business of the employer, then employment is regular. If not, then
the employment is casual. (Mercado, Sr. v. National Labor Relations
Commission, G.R. No. 79869, September 5, 1991, citing Policy Instruction No.
12)

CASUALTY INSURANCE
 
Insurance covering loss or liability arising from accident or mishap, excluding
certain types of loss which by law or custom are considered as falling exclusively
within the scope of other types of insurance such as fire or marine. It includes,
but is not limited to, employer's liability insurance, workmen's compensation
insurance, public liability insurance, motor vehicle liability insurance, plate glass
insurance, burglary and theft insurance, personal accident and health insurance
as written by non-life insurance companies, and other substantially similar kinds
of insurance. (Pres. Decree No. 612, Insurance Code of the Philippines (1974),
as amended, sec. 174)

CASUGOT
 
In Hiligaynon, it means agreement or stipulation. (Heirs of Bofill v. Court of
Appeals, G.R. No. 107930, October 7, 1994)

CASUS OMISSUS PRO OMISSO HABENDUS EST

 
A person, object or thing omitted must have been omitted intentionally. (San
Miguel Corp. Employees Union-PTGWO v. San Miguel Packaging Products
Employees Union-PDMP, G.R. No. 171153, September 12, 2007)

CATACOMB
 
Place of burial consisting of galleries or passages with side recesses for
tombs. (Implementing Rules and Regulations of Chapter XXI (Disposal of Dead
Persons) of Pres. Decree No. 856 (1996), sec. 2(3))

CATADROMOUS SPECIES
 
Freshwater fish which migrate to marine areas to spawn. (Rep. Act No.
8550, Philippine Fisheries Code of 1998, sec. 4(54)(b))

CATCALLING
 
Unwanted remarks directed towards a person, commonly done in the form of
wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs. (Rep.
Act No. 11313, Safe Spaces Act (2019), sec. 3 (a) )

CATCH CEILINGS
 
The annual catch limits allowed to be taken, gathered or harvested from any
fishing area in consideration of the need to prevent overfishing and harmful
depletion of breeding stocks of aquatic organisms. (Rep. Act No.
8550, Philippine Fisheries Code of 1998, sec. 4(7))

CATTLE
 
Domesticated quadrupeds such as sheep, horses and swine, or to bovine
animals such as cows, bulls and steers. (People v. Nazareno, G.R. No. L-40037,
April 30, 1976, citing Merriam-Webster's 3rd New International Dictionary)

CATTLE RUSTLING
 
The taking away by any means, method or scheme, without the consent of the
owner or raiser of cow, carabao, horse, mule, ass, or other domesticated
member of the bovine family, whether or not for profit or gain, or whether
committed with or without violence against or intimidation of any person or force
upon things. Cattle rustling includes the killing of large cattle, or taking its meat or
hide without the consent of the owner or raiser. (Ernesto Pil-ey v. People, G.R.
No. 154941, July 9, 2007, citing Pres. Decree No. 533, Anti-Cattle Rustling Law
of 1974, sec. 2) TEAHI

Conviction for cattle-rustling necessitates the concurrence of the following

elements: (1) large cattle is taken; (2) it belongs to another; (3) the taking is done
without the consent of the owner; (4) the taking is done by any means, method or
scheme; (5) the taking is done with or without intent to gain; and (6) the taking is
accomplished with or without violence or intimidation against person or force
upon things. (Ernesto Pil-ey v. People, G.R. No. 154941, July 9, 2007)

CAUSE OF ACTION
 
An act or omission by which a party violates a right of another. (Virra Mall
Tenants Association, Inc. v. Virra Mall Greenhills Association, Inc., G.R. No.
182902, October 5, 2011, citing  Rules of Court, sec. 2, rule 2)  cTaEA

An act or omission of one party in violation of the legal right or rights of the other.
Its essential elements are: legal right of the plaintiff, correlative obligation of the
defendant, and act or omission of the defendant in violation of said legal
right. (Agrarian Reform Beneficiaries Association (ARBA) v. Nicolas, G.R. No.
168394, October 6, 2008, citing Madrona, Sr. v. Rosal, G.R. No. 39120,
November 21, 1991, etc.)

CAVE
 
Any naturally occurring void, cavity, recess or system of interconnected
passages beneath the surface of the earth or within a cliff or ledge and which is
large enough to permit an individual to enter, whether or not the entrance,
located either in private or public land, is naturally formed or man-made. It shall
include any natural pit, sinkhole or other feature which is an extension of the
entrance. The term also includes cave resources therein, but not any vug, mine
tunnel, aqueduct or other man-made excavation. (Rep. Act No. 9072, National
Caves and Cave Resources Management and Protection Act (2001), sec. 3(a))
CAVE RESOURCES
 
Includes any material or substance occurring naturally in caves, such as animal
life, plant life, including paleontological and archaeological deposits, cultural
artifacts or products of human activities, sediments, minerals, speleogems and
speleothems. (Rep. Act No. 9072, National Caves and Cave Resources
Management and Protection Act (2001), sec. 3(b))

CAVEAT EMPTOR
 
"Buyer beware". (Filinvest Credit Corp. v. Court of Appeals, G.R. No. 82508,
September 29, 1989)
A rule that requires the purchaser of real property to be aware of the alleged title
of the vendor such that one who buys without checking the vendor's title takes all
the risks and losses consequent to such failure. (D'Oro Land Realty and
Development Corp. v. Claunan, G.R. No. 169447, February 26, 2007,
citing Consolidated Rural Bank (Cagayan Valley), Inc. v. Court of Appeals, G.R.
No. 132161, January 17, 2005)

CBAA
 
Central Board of Assessment Appeals

CCP
 
Cultural Center of the Philippines

CDA
 
Cooperative Development Authority created under R.A. No. 6939, as
amended. (Rep. Act No. 10531, National Electrification Administration Reform
Act of 2013, sec. 4)
CDC
 
Clark Development Corporation

CEASE
 
To bring to an end; to discontinue or leave off. (Maddumba v. Ozaeta, G.R. No.
L-2061, December 14, 1948, citing Webster's New International Dictionary)

CEDULA
 
Poll tax. (People v. Linsañgan, G.R. No. 43290, December 21, 1935)

CELEBRITY
 
See "Public Figure"

CELLAR
 
The portion of a building between floor and ceiling which is wholly or partly below
grade and so located that the vertical distance from grade to the floor below is
equal to or greater than the vertical distance from grade to ceiling. (Pres. Decree
No. 1096, National Building Code of the Philippines (1977), Annex "A")

CELLPHONE
 
See "Mobile Phone"
CELLULOSE NITRATE
 
A highly combustible and explosive compound produced by the reaction of nitric
acid with a cellulose material. (Rep. Act No. 9514, Fire Code of the Philippines of
2008, sec. 3)

CEMETERY
 
Public or private land used for the burial of the dead and other uses dedicated for
cemetery purposes, to include landscaped grounds, driveways, walks,
columbaria, crematories, mortuaries mausoleums, niches, graveyards and public
comfort rooms. (Implementing Rules and Regulations of Chapter XXI (Disposal
of Dead Persons) of Pres. Decree No. 856 (1996), sec. 2(4))

CENSORSHIP
 
Previous restraint. (Chavez v. Gonzales, G.R. No. 168338, February 15, 2008)
Censorship may come in the form of prior restraint or subsequent punishment.
Prior restraint means official governmental restrictions on the press or other
forms of expression in advance of actual publication or dissemination. . . On the
other hand, subsequent punishment is the imposition of liability to the individual
exercising his freedom. It may be in any form, such as penal, civil or
administrative penalty. (Concurring Opinion of J. Sandoval-Gutierrez in Chavez
v. Gonzales, G.R. No. 168338, February 15, 2008)

CENTARE
 
Equivalent to one square meter. (Republic v. Yulo, G.R. No. 166756, October 10,
2008, citing F.B. Moreno, Philippine Law Dictionary, p. 143 (3rd ed., 1972))

CENTRAL RETINAL VEIN OCCLUSION

 
Medically defined as the blockage of the central retinal vein by a thrombus. It
causes painless vision loss which is usually sudden, but it can also occur
gradually over a period of days to weeks. (Fil-Star Maritime Corp. v. Rosete,
G.R. No. 192686, November 23, 2011, citing
http://www.merckmanuals.com/professional/eye_disorders/retinal_disorders/cent
ral_retinal_vein_occlusion.html> (visited November 8, 2011))

CENTRIFUGAL SUGAR
 
Sugar extracted from sugar cane by means of centrifugal machine (sugar
centrals) or process, which may be in raw, washed or refined form. (Rules and
Regulations for the Implementation of Pres. Decree No. 659, Dated February 21,
1975, as amended (1975), No. 2(a))

CERAMICS INDUSTRY
 
That sector consisting of such products or articles such as potteries, hollow
blocks, tiles, firebricks, clay stoves and other products using clay, cement and/or
plaster of paris as raw material components. (Pres. Decree No. 1788, Cottage
Industries Development Decree of 1981, sec. 10(e))

CEREAL
 
(1) Any grass yielding farinaceous seeds suitable for food, as wheat, maize, rice,
etc.; also, the seeds or grain so produced either in their original state or
commercially prepared. (2) A prepared foodstuff of grain, as oatmeal or flaked
corn used especially with milk or cream as a breakfast food. (Commissioner of
Internal Revenue v. Farm Implement and Machinery Company, G.R. No. L-
12260, May 30, 1960, citing Webster's International Dictionary)

CEREBRO-VASCULAR ACCIDENT (CVA)

 
The breaking of a blood vessel within or about the brain. (Trinidad v. Workmen's
Compensation Commission, G.R. No. L-42507, February 28, 1978)
CERTAINTY OF SUM
 
The sum payable is a sum certain within the meaning of Act No. 2031,
the Negotiable Instruments Law, although it is to be paid: (a) With interest; or (b)
By stated installments; or (c) By stated installments, with a provision that upon
default in payment of any installment or of interest the whole shall become due;
or (d) With exchange, whether at a fixed rate or at the current rate; or (e) With
costs of collection or an attorney's fee, in case payment shall not be made at
maturity. (Act No. 2031, Negotiable Instruments Law (1911), sec. 2)

CERTIFICATE
 
A "certified statement" or "a written declaration legally authenticated." The word
came from the Latin word certificatus, past participle of certificate, and means
"made certain." (Board of Election Inspectors v. Piccio, G.R. No. L-1852, October
14, 1948)

CERTIFICATE OF ANCESTRAL DOMAIN TITLE

 
A title formally recognizing the rights of possession and ownership of Indigenous
Cultural Communities/Indigenous Peoples over their ancestral domains
identified and delineated in accordance with this law. (Rep. Act No.
8371, Indigenous Peoples' Rights Act of 1997, sec. 3(c))

CERTIFICATE OF ANCESTRAL LANDS TITLE

 
A title formally recognizing the rights of Indigenous Cultural
Communities/Indigenous Peoples over their ancestral lands. (Rep. Act No.
8371, Indigenous Peoples' Rights Act of 1997, sec. 3(d))

CERTIFICATE OF DEATH
 
See "Death Certificate"

CERTIFICATE OF DEPOSIT
 
A written acknowledgment by a bank or banker of the receipt of a sum of money
on deposit which the bank or banker promises to pay to the depositor, to the
order of the depositor, or to some other person or his order, whereby the relation
of debtor and creditor between the bank and the depositor is created. (Prudential
Bank v. Commissioner of Internal Revenue, G.R. No. 180390, July 27, 2011,
citing Philippine Banking Corporation (Now: Global Business Bank, Inc.) v.
Commissioner of Internal Revenue, G.R. No. 170574, January 30, 2009)  aTAEc

A receipt issued by a bank for an interest-bearing time deposit coming due at a

specified future date. (Philippine Banking Corporation v. Commissioner of
Internal Revenue, G.R. No. 170574, January 30, 2009, citing Webster's Third
New International Dictionary, Unabridged)

CERTIFICATE OF PUBLIC CONVENIENCE

 
An authorization granted by the Land Transportation Franchising and Regulatory
Board (LTFRB) for the operation of land transportation services for public use as
required by law. Pursuant to Section 16(a) of the Public Service Act, as
amended, the following requirements must be met before a CPC may be
granted, to wit: (i) the applicant must be a citizen of the Philippines, or
a corporation or co-partnership, association or joint-stock company constituted
and organized under the laws of the Philippines, at least 60 per centum of its
stock or paid-up capital must belong entirely to citizens of the Philippines; (ii) the
applicant must be financially capable of undertaking the proposed service and
meeting the responsibilities incident to its operation; and (iii) the applicant must
prove that the operation of the public service proposed and the authorization to
do business will promote the public interest in a proper and suitable manner. It is
understood that there must be proper notice and hearing before the Public
Service Commission (PSC) can exercise its power to issue a CPC. (Kilusang
Mayo Uno Labor Center v. Garcia, Jr., G.R. No. 115381, December 23, 1994)  SHDTE

An authorization issued by the Public Service Commission for the operation of

public services for which no franchise is required by law. (Cogeo-Cubao
Operators and Drivers Association v. Court of Appeals, G.R. No. 100727, March
18, 1992)
A certificate of public convenience is included in the term "property" in the broad
sense of the term. Under the Public Service Law, a certificate of public
convenience can be sold by the holder thereof because it has considerable
material value and is considered a valuable asset. Although there is no doubt
that it is private property, it is affected with a public interest and must be
submitted to the control of the government for the common good. Hence, insofar
as the interest of the State is involved, a certificate of public convenience does
not confer upon the holder any proprietary right or interest or franchise in the
route covered thereby and in the public highways. However, with respect to other
persons and other public utilities, a certificate of public convenience as property,
which represents the right and authority to operate its facilities for public service,
cannot be taken or interfered with without due process of law. (Cogeo-Cubao
Operators and Drivers Association v. Court of Appeals, G.R. No. 100727, March
18, 1992, citing Raymundo v. Luneta Motor Co., G.R. Nos. 399902 & 39903,
November 29, 1933, 58 Phil. 889, Pangasinan Transportation Co. v. PSC, G.R.
No. 47065, June 26, 1940, 70 Phil 221, and Lugue v. Villegas, G.R. No. L-
22545, November 28, 1969)  cSCaI

The license or authority issued by MARINA to a domestic ship operator to

engage in domestic shipping. (Rep. Act No. 8371, Indigenous Peoples' Rights
Act of 1997, sec. 3(i))

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CPCN)

 
A grant consistent with the telecommunications policies and objectives to a
qualified applicant, after due notice and hearing of a final authority to own,
operate and maintain a public telecommunications facility/service by the National
Telecommunications Commission. (NTC Memorandum Circular No. 8-9-95)

CERTIFICATE OF STOCK
 
The paper representative or tangible evidence of the stock itself and of the
various interests therein. The certificate is not stock in the corporation but is
merely evidence of the holder's interest and status in the corporation, his
ownership of the share represented thereby, but is not in law the equivalent of
such ownership. It expresses the contract between the corporation and
the stockholder, but it is not essential to the existence of a share in stock or the
creation of the relation of shareholder to the corporation. (Tan v. Securities and
Exchange Commission, G.R. No. 95696, March 3, 1992, citing 13 Am. Jur. 2d,
769)

CERTIFICATE OF TITLE
 
The transcript of the decree of registration made by the Registrar of Deeds in
the registry. (Manotok IV v. Heirs of Barque, G.R. Nos. 162335 & 162605,
December 18, 2008, citing Philippine National Bank v. Tan Ong Zse, G.R. No.
27991, December 24, 1927, 51 Phil. 317)

CERTIFICATE OF VOTES
 
After the counting of the votes cast in the precinct and announcement of the
results of the election, and before leaving the polling place, the board of election
inspectors shall issue a certificate of votes upon request of the duly accredited
watchers. The certificate shall contain the number of votes obtained by each
candidate written in words and figures, the number of the precinct, the name of
the city or municipality, province, the total number of voters who voted in the
precinct and the date and time issued, and shall be signed and thumbmarked by
each member of the board. (Recabo, Jr. v. Commission on Elections, G.R. No.
134293, June 21, 1999, citing Rep. Act No. 6646, Electoral Reforms Law of
1987, sec. 16)

CERTIFICATION
 
The procedure by which official certification bodies or officially recognized
certification bodies provide written or equivalent assurance that foods or food
control systems conform to requirements. (Rep. Act No. 10068, Organic
Agriculture Act of 2010, sec. 3(h))

CERTIFICATION DECLARING A CHILD LEGALLY AVAILABLE FOR

ADOPTION
 
A document issued by the Secretary of the Department of Social Welfare and
Development or the Secretary's duly authorized representative as provided for
by Republic Act No. 9523, administratively declaring that a child is legally
available for adoption which terminates the rights of the biological parents,
guardian, or other custodian to exercise authority over the child upon issuance of
the certificate. (Rep. Act No. 11222, Simulated Birth Rectification Act (2019),
sec. 3 (a))

CERTIFICATION ELECTION
 
The definitive and certain way of ascertaining the choice of employees as to
the labor organization in a collective bargaining unit. (Samahan ng
Manggagawa sa Pacific Plastic v. Laguesma, G.R. No. 111245, January 31,
1997, citing Port Workers Union of the Philippines v. Undersecretary of Labor
and Employment, G.R. Nos. 94929-30, March 18, 1992)  acADE

The process of determining through secret ballot the sole and exclusive
representative of the employees in an appropriate bargaining unit for purposes
of collective bargaining or negotiation. A certification election is ordered by the
Department (of Labor and Employment), while a consent election is voluntarily
agreed upon by the parties, with or without the intervention by the
Department. (Department Order No. 40-03, February 17, 2003)

CERTIFICATION PROCEEDING
 
Not a 'litigation' in the sense in which this term is commonly understood, but a
mere investigation of a non-adversary, fact-finding character, in which the
investigating agency plays the part of a disinterested investigator seeking merely
to ascertain the desires of the employees as to the matter of their representation.
The court enjoys a wide discretion in determining the procedure necessary to
insure the fair and free choice of bargaining representatives by the
employees. (Sandoval Shipyards, Inc. v. Pepito, G.R. No. 143428, June 25,
2001, citing Manila Golf and Country Club v. Intermediate Appellate Court, G.R.
No. 64948, September 27, 1994)

CERTIFIED CHECK
 
See "Manager's Check" (Equitable PCI Bank v. Ong, G.R. No. 156207,
September 15, 2006)

CERTIFIED LIST OF OVERSEAS ABSENTEE VOTERS

 
The list of registered overseas absentee voters whose applications to vote in
absentia have been approved by the Commission on Elections, said list to be
prepared by the Committee on Absentee Voting of the Commission on Elections,
on a country-by-country basis. The list shall be approved by the Commission in
an en banc resolution. (Rep. Act No. 10068, Organic Agriculture Act of 2010,
sec. 3(c))

CERTIFIED LIST OF OVERSEAS VOTERS (CLOV)

 
The list of registered overseas voters whose applications to vote overseas have
been approved by the Commission, said list to be prepared by the Office for
Overseas Voting of the Commission, on a country-by-country and post-by-post
basis. The list shall be approved by the Commission in an en banc
resolution. (Rep. Act No. 10590, The Overseas Voting Act of 2013, sec. 2 (a))

CERTIORARI
 
A mode of appeal under Rule 45. It should be distinguished from certiorari as an
original action under Rule 65. In an appeal by certiorari, the petition is based on
questions of law which the appellant desires the appellate court to resolve. In
certiorari as an original action, the only question that may be raised is whether or
not the lower court acted without or in excess of jurisdiction or with grave
abuse of discretion. An allegation of grave abuse of discretion being beyond
the scope of appeals by certiorari, deserves scant consideration. (Mackay v.
Angeles, G.R. No. 144230, September 20, 2003, citing Reas v. Bonife, G.R.
Nos. 54348-49, October 17, 1990)
CESSANTE RATIONE LEGIS CESSAT IPSA LEX
 
When the reason of the law ceases, the law itself ceases. (Central Bank
Employees Association, Inc. v. Bangko Sentral ng Pilipinas, G.R. No. 148208,
December 15, 2004)
See "Ratione Cessat Lex, Et Cessat Lex"

CESSION
 
When a debtor cedes or assigns his property to his creditors in payment of his
debts. (Rep. Act No. 386, Civil Code of the Philippines (1949), as amended, art.
1255) 

CESTUI QUE TRUST
 
A person for whose benefit a trust has been created. (Quevada v. Court of
Appeals, G.R. No. 140798, September 19, 2006, citing Tala Realty Services
Corp. v. Banco Filipino Savings and Mortgage Bank, G.R. No. 137533,
November 22, 2002)

CEZA
 
Cagayan Economic Zone Authority

CHAIN DISCOUNT
 
A series of discounts from one list price. (Commissioner of Internal Revenue v.
Central Luzon Drug Corp., G.R. No. 159647, April 15, 2005, citing Editorial Staff
of Prentice-Hall, Inc., Encyclopedic Dictionary of Business Finance (2nd printing,
1962), pp. 607-609)
CHAIN DISTRIBUTION PLANS
 
Sales devices whereby a person, upon condition that he makes an investment, is
granted by the manufacturer or his representative a right to recruit for profit one
or more additional persons who will also be granted such right to recruit upon
condition of making similar investments: Provided, That, the profits of the person
employing such a plan are derived primarily from the recruitment of other
persons into the plan rather than from the sale of consumer products, services
and credit: Provided, further, That the limitation on the number of participants
does not change the nature of the plan. (Rep. Act No. 7394, Consumer Act of
the Philippines (1992), art. 4(k)) 
AECSD

See also "Pyramid Sales Schemes"

CHAIN OF CUSTODY
 
In evidence, the one who offers real evidence, such as narcotics in a trial of
drug case, must account for the custody of the evidence from the moment in
which it reaches his custody until the moment in which it is offered in evidence,
and such evidence goes to the weight not to admissibility of evidence. (People v.
Sanchez, G.R. No. 175832, October 15, 2008, citing Black's Law Dictionary)  ITAEC

The duly recorded authorized movements and custody of seized drugs or

controlled chemicals or plant sources of dangerous drugs or laboratory
equipment of each stage, from the time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping to presentation in court for destruction. Such
record 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 use in court as evidence, and the final disposition. (People v. Martin v.
Castano, G.R. No. 193234, October 19, 2011, citing Dangerous Drugs Board
Regulation No. 1, Series of 2002, sec. 1 (b))
Procedures to account for each specimen by tracking its handling and storage
from point of collection to final disposal. These procedures require that the
applicant's identity is confirmed and that a Custody and Control Form is used
from time of collection to receipt by the laboratory. Within the laboratory,
appropriate chain of custody records must account for the samples until
disposal. (Dangerous Drugs Board Regulation No. 2-03, Implementing Rules
and Regulations Governing Accreditation of Drug Testing Laboratories in the
Philippines, June 27, 2003)
CHAIN SAW
 
Any portable power saw or similar cutting implement, rendered operative by an
electric or internal combustion engine or similar means, that may be used for, but
is not limited to, the felling of trees or the cutting of timber. (Rep. Act No.
9175, Chain Saw Act of 2002, sec. 3(a))

CHALLENGING TO A DUEL
 
An offense committed by any person who shall challenge another, or incite
another to give or accept a challenge to a duel, or shall scoff at or decry another
publicly for having refused to accept a challenge to fight a duel. (Act No.
3815, Revised Penal Code (1930), art. 261)

CHAMPERTOUS CONTRACT
 
An agreement whereby an attorney agrees to pay expenses of proceedings to
enforce the client's rights. (Bautista v. Gonzales, A.M. No. 1625, February 12,
1990, citing JBP Holding Corporation v. U.S. 166 F. Supp. 324 (1958)  aIEcA

A contract between a stranger and a party to a lawsuit, whereby the stranger

pursues the party's claim in consideration of receiving part or any of the proceeds
recovered under the judgment; a bargain by a stranger with a party to a suit, by
which such third person undertakes to carry on the litigation at his own cost and
risk, in consideration of receiving, if successful, a part of the proceeds or subject
sought to be recovered. An agreement whereby the attorney agrees to pay
expenses of proceedings to enforce the client's rights is champertous. Such
agreements are against public policy especially where as in this case, the
attorney has agreed to carry on the action at its own expense in consideration of
some bargain to have part of the thing in dispute. The execution of these
contracts violates the fiduciary relationship between the lawyer and his client, for
which the former must incur administrative sanction. The intention of the law in
prohibiting this kind of contract is to prevent a lawyer from acquiring an interest in
the subject of the litigation and to avoid a conflict of interest between him and his
client. (Nocom v. Camerino, G.R. No. 182984, February 10, 2009 citing Black's
Dictionary; Schnabel v. Taft Broadcasting Co., Inc. Mo. App. 525 S.W. 2d 819,
823, JBP Holding Corporation v. U.S. 166 F. Supp. 324 (1958) and Sampliner v.
Motion Pictures Patents Co., 225 F. 242 (1918))

CHANGE
 
To replace something with something else of the same kind or with something
that serves as a substitute. (Lee v. Court of Appeals, G.R. No. 118387, October
11, 2001, citing Webster's Third New International Dictionary, 1993)  DCTAc

The excess in the payment given by a consumer for goods and services
purchased or received from a business establishment. (Rep. Act No. 10909, No
Shortchanging Act of 2016, sec. 3(b)) 

CHANGE OF NAME
 
The procedure for change of name under Rule 103 is a proceeding in rem and as
such, strict compliance with all jurisdictional requirements, particularly on
publication, is essential in order to vest the court with jurisdiction. (Re: Final
Report on the Judicial Audit Conducted at the Regional Trial Court, Br. 67,
Paniqui, Tarlac, A.M. No. 06-7-414-RTC, October 19, 2007, citing Republic v.
Court of Appeals, G.R. No. 97906, May 21, 1992)  HIETa

The petition for change of first name or nickname may be allowed in any of the
following cases: (1) The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (2)
The new first name or nickname has been habitually and continuously used by
the petitioner and he has been publicly known by that first name or nickname in
the community; or (3) The change will avoid confusion. (Rep. Act No. 9048
(2001), sec. 4)
The State has an interest in the names borne by individuals for purposes of
identification, and that changing one's name is a privilege and not a right.
Accordingly, a person can be authorized to change his name appearing in either
his certificate of birth or civil registry upon showing not only of reasonable cause,
or any compelling reason which may justify such change, but also that he will be
prejudiced by the use of his true and official name. Jurisprudence has recognized
certain justifying grounds to warrant a change of name. Among these are: (a)
when the name is ridiculous, dishonorable or extremely difficult to write or
pronounce; (b) when the change will avoid confusion; (c) when one has been
continuously used and been known since childhood by a Filipino name, and was
unaware of alien parentage; (d) when the surname causes embarrassment and
there is no showing that the desired change of name was for a fraudulent
purpose or that the change of name will prejudice public interest. (Republic v.
Bolante, G.R. No. 160597, July 20, 2006, citing In Re: Wang, G.R. No. 159966,
March 30, 2005 and Republic v. Hernandez, G.R. No. 117209, February 9, 1996,
323 Phil. 606)

CHAPEL
 
(1) (a) Small house or subordinate place of worship; a Christian sanctuary other
than a parish or cathedral church. (b) A church subordinate to and dependent on
the principal parish church to which it is supplement of some kind. (2) A private
place of worship. (a) A building or portion of a building or institution (as a place,
hospital, prison, college) set apart for private devotions and often also for private
religious services. (b) A room or recess in a church that often contains an altar
and is separately dedicated and that is designed especially for meditation and
prayer but is sometimes used for small religious services. (Martelino v. Estrella,
G.R. No. L-15927, April 29, 1963, citing Webster's Third International Dictionary)

CHAPLAINCY
 
An institution which has the obligation to celebrate or cause to be celebrated
annually a certain number of masses in a determined church or altar, conforming
to the will of the founder. A chaplaincy is either laical or collative. (Gonzalez v.
Roman Catholic Archbishop of Manila, G.R. No. 27619, February 4, 1928, citing
Alcubilla, Diccionario dela Administracion (1886), Vol. 2, p. 118)

CHARACTER
 
The nature of a person, his disposition generally, or his disposition in respect to a
particular trait such as peacefulness or truthfulness. (People v. Lee, G.R. No.
139070, May 29, 2002, citing Bouvier's Law Dictionary, vol. I, 3rd revision, p. 457
(1914)) SHIDa

'Character' is what a man is, and 'reputation' is what he is supposed to be and

what people say he is. 'Character' depends on attributes possessed, and
'reputation' on attributes which others believe one to possess. The former
signifies reality and the latter merely what is accepted to be reality at
present. (Lim v. Court of Appeals, G.R. No. 91114, September 25, 1992, citing
Black's Law Dictionary, Fifth ed., 211)

CHARACTER BUILDING ACTIVITIES

 
Actual and authentic learning activities wherein the character of the learners is
formed, shaped, and/or built-up. (Rep. Act No. 11476, GMRC and Values
Education Act (2020), sec. 3 (d))

CHARGES
 
Pecuniary liability, as rents or fees against persons or property. (Ongsuco v.
Malones, G.R. No. 182065, October 27, 2009, citing Rep. Act No. 7160, Local
Government Code of 1991, art. 221(g))

CHARGING LIEN
 
See "Attorney's Charging or Special Lien"

CHARITABLE PURPOSES
 
Philanthropic, humanitarian and non-profit objectives, including the benefit of the
needy, poor, sick, prisoners, orphans, etc. (Rep. Act No. 9803, Food Donation
Act of 2009, sec. 3(f))

CHARITY
 
In the legal sense, may be fully defined as a gift, to be applied consistently with
existing laws, for the benefit of an indefinite number of persons, either by bringing
their minds and hearts under the influence of education or religion, by assisting
them to establish themselves in life or otherwise lessening the burden of
government. (Lung Center of the Philippines v. Quezon City, G.R. No. 144104,
June 29, 2004, citing Congregational Sunday School & Publishing Society v.
Board of Review, 125 N.E. 7 (1919))

CHARTER
 
An act of legislature creating a business corporation, or creating and defining the
franchise of a corporation. (Dissenting Opinion of J. Tinga in Rufino v. Endriga,
G.R. Nos. 139554 & 139565, July 21, 2006, citing Black's Law Dictionary, p. 236)
It is in the nature of a private contract. It is not a law constituting a part of the
machinery of the general government. It was adopted after careful consideration
of the private rights of the plaintiff in relation with the resultant benefits to the
State. It stands upon a different footing from the general law. When a charter is
granted, it constitutes a certain property right. Charters or special laws . . . stand
upon a different footing from general laws. Once granted, a charter becomes a
private contract and cannot be altered nor amended except by consent of all
concerned, unless the right is expressly reserved. (Manila Railroad Co. v.
Rafferty, G.R. No. 14205, September 30, 1919, citing Dartmouth College v.
Woodword, 4 Wheat. 578)

CHARTER PARTY
 
A contract by which an entire ship, or some principal part thereof, is let by the
owner to another person for a specified time or use; a contract of
affreightment by which the owner of a ship or other vessel lets the whole or a
part of her to a merchant or other person for the conveyance of goods, on a
particular voyage, in consideration of the payment of freight. (Planters Products,
Inc. v. Court of Appeals, G.R. No. 101503, September 15, 1993, citing Charter
Parties; Charters of Demise and Contracts of Affreightment; 70 Am Jur 2d, p.
580 and Bouvier's Law Dictionary, Third Rev., Vol. I, p. 470)
In modern maritime law and usage, there are three (3) distinguishable types of
charter parties: (a) the "bareboat" or "demise" charter; (b) the "time" charter;
and (c) the "voyage" or "trip" charter. (Litonjua Shipping, Inc. v. National
Seamen Board, G.R. No. 51910, August 10, 1989)
CHARTERED INSTITUTION
 
Any agency organized or operating under a special charter, and vested by law
with functions relating to specific constitutional policies or objectives. This term
includes the state universities and colleges and the monetary authority of the
State. (Cabili v. Balindong, A.M. RTJ-10-2225, September 6, 2011, citing Exec.
Order No. 292, Revised Administrative Code (1987), sec. 2 (12))

CHATTEL MORTGAGE
 
A conditional sale of personal property as security for the payment of a debt, or
the performance of some other obligation specified therein, the condition being
that the sale shall be void upon the seller paying to the purchaser a sum of
money or doing some other act named. If the condition is performed according to
its terms, the mortgage and sale immediately become void, and the mortgagee is
thereby divested of his title. (Act No. 1508, Chattel Mortgage Law (1906), sec. 3)
By a chattel mortgage, personal property is recorded in the Chattel Mortgage
Register as a security for the performance of an obligation. If the movable,
instead of being recorded, is delivered to the creditor or a third person, the
contract is a pledge and not a chattel mortgage. (Rep. Act No. 386, Civil Code of
the Philippines (1949), as amended, art. 2140)

CHEATING
 
Any act or omission before, during or after any civil service examination that will
directly or indirectly undermine the sanctity and integrity of the examination such
as, but not limited to, the following: (1) Impersonation; (2) Use of "codigo" or "crib
sheets"; (3) Employing a "poste" or a person inside or outside of the examination
room who may or may not be a registered examinee but who provides
examinees with answers or "codigo" or "crib sheets" or such other assistance
purportedly to enhance examinee's better chances of passing; (4) Tampering
with the examination records such as the Answer Data Files, the Application
Forms or the Picture-Seat Plan to facilitate the passing of an examinee who have
failed; (5) Collusion of whatever nature between examinees and examination
personnel; (6) Examinee number switching; (7) Possession and or use of fake
certificate of eligibility; and (8) Such other acts of similar nature which facilitate
the passing of an examination including those committed by review centers or
entities offering refresher courses or tutorials. (Rep. Act No. 9416 (2007), sec.
3(b))

CHEATS
 
All persons or review centers or entities offering refresher courses or tutorials
who directly or indirectly commit the act of cheating. (Rep. Act No. 9416 (2007),
sec. 3(c))

CHECK
 
A bill of exchange drawn on a bank payable on demand. (Metropolitan Bank and
Trust Company v. Philippine Bank of Communications, G.R. Nos. 141408 &
141429, October 18, 2007, citing Act No. 2031, Negotiable Instruments Law
(1911), sec. 185)

CHECK KITING
 
A procedure whereby checks written on accounts in separate banks are used to
generate short-term purchasing power through the use of the bank's credit. A
depositor with accounts in two banks may build up his balance in Bank A by
depositing a check drawn on Bank B, although his balance in Bank B (perhaps
an out-of-town bank) is not sufficient to cover the check. He makes the check
good before it is presented for collection but in the meantime has made use of
the bank's credit. Many banks prevent this practice by refusing to credit any
check for deposit until collection has been made. (Concurring Opinion of J.
Aquino in Perez v. People, G.R. No. L-43548, June 29, 1981, citing 5
Encyclopedia Britannica, 1973, p. 361)

CHECK-OFF
 
The employer, on agreement with the union, or on prior authorization from
employees, deducts union dues or agency fees from the latter's wages and
remits them directly to the union. (Gabriel v. Secretary of Labor and
Employment, G.R. No. 115949, March 16, 2000, citing Holy Cross of Davao
College, Inc. v. Joaquin, G.R. No. 110007, October 18, 1996) THDcE

A process or device whereby the employer, on agreement with the union

recognized as the proper bargaining representative, or on prior authorization
from its employees, deducts union dues or agency fees from the latter's wages
and remits them directly to the union. (Holy Cross of Davao College, Inc. v.
Joaquin, G.R. No. 110007, October 18, 1996, citing Pascual, C., Labor Relations
Law, at 173)

CHECKS AND BALANCES, SYSTEM OF

 
See "System of Checks and Balances"

CHED
 
Commission on Higher Education

CHEMICAL ANALYSIS
 
A physico-chemical or biochemical procedure which involves the following and
related techniques: (1) Measurement of properties, such as power of hydrogen
(PH), oxidation-reduction potential, density, atomic or molecular weight, and
others; (2) Use of methods, such as titration, gravimetric analysis,
electrochemical measurements, spectroscopy, chromatography, and others; (3)
Determination of the atomic or molecular quantity of one or more components of
a substance; (4) Determination of the atomic, molecular, surface or
supramolecular nature or structure of substance; (5) Preparation of a sample for
chemical analysis; (6) Separation and/or purification of a mixture into its
components using techniques, such as distillation, crystallization, density,
reactivity, extraction, adsorption, size exclusion, affinity, chromatography, and
others; (7) Calculations of physico-chemical or biochemical properties or
concentrations of chemicals or biochemicals; (8) Computational methods applied
to chemically or biochemically related matters, such as molecular design,
molecular modelling, chemometrics, and others; and (9) Other analytical
methods which characterize matter at the atomic, molecular or supramolecular
level. (Rep. Act No. 10657, Chemistry Profession Act (2015), sec. 3 (d))
CHEMICAL DIVERSION
 
The sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall include packaging, repackaging,
labeling, relabeling or concealment of such transaction through fraud, destruction
of documents, fraudulent use of permits, misdeclaration, use of front companies
or mail fraud. (Rep. Act No. 9165, Comprehensive Dangerous Drugs Act of
2002, sec. 3(d))

CHEMICAL ENGINEERING, PRACTICE OF

 
Rendering or offering of professional chemical engineering service or a
fee, salary, reward or compensation, paid to him or through another person, or
even without such reward or compensation. (Rep. Act No. 9297, Chemical
Engineering Law of 2004, sec. 3(a))

CHEMICAL LABORATORY
 
A facility where chemical analysis and chemical synthesis are performed. Such
activities carried out outside of a chemical laboratory, for example, a factory,
mobile laboratory or field analysis, shall likewise be considered a chemical
laboratory. The head of a chemical laboratory shall be a registered
chemist. (Rep. Act No. 10657, Chemistry Profession Act (2015), sec. 3 (f))

CHEMICAL MIXTURE
 
Any combination of two or more chemical substances if the combination does not
occur in nature and is not, in whole or in part, the result of a chemical reaction, if
none of the chemical substances comprising the combination is a new chemical
substance and if the combination could have been manufactured for commercial
purposes without a chemical reaction at the time the chemical substances
comprising the combination were combined. This shall include nonbiodegradable
mixtures. (Rep. Act No. 6969, Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990, sec. 5(b))

CHEMICAL NAME
 
The description of the chemical structure of the drug or medicine and serves as
the complete identification of a compound. (Rep. Act No. 6675, Generics Act of
1988, sec. 3(3))

CHEMICAL SUBSTANCE
 
Any organic or inorganic substance of a particular molecular identity, including: (i)
Any combination of such substances occurring in whole or in part as a result of
chemical reaction or occurring in nature; and (ii) Any element or uncombined
chemical. (Rep. Act No. 6969, Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990, sec. 5(a)) 

CHEMICAL SYNTHESIS
 
The preparation of a compound or chemical entity from its elements or from other
compounds or chemical entities by one or more chemical reactions. Synthesis,
as defined herein, refers to both chemical synthesis which may use chemical
catalysts, and biochemical synthesis which uses enzymes and other biological
compounds to promote a reaction. (Rep. Act No. 10657, Chemistry Profession
Act (2015), sec. 3 (e))

CHEMICAL TECHNICIAN, REGISTERED

 
Any person who is engaged in the work of chemical analysis, as defined [in R.A.
No. 10657], and who is duly registered with the Board of Chemistry. (Rep. Act
No. 10657, Chemistry Profession Act (2015), sec. 3 (c))
CHEMIST
 
Any person, who for fee, salary or other compensation or reward to himself or to
another person renders professional service requiring the use and application of
chemical knowledge, and/or chemical or physico-chemical processes. (Rep. Act
No. 754, Chemistry Regulation Act (1952), sec. 1(b))

CHEMIST, REGISTERED
 
Any person who is engaged in the professional practice of chemistry, as defined
[in R.A. No. 10657] who is duly registered with the Board of Chemistry and the
Professional Regulation Commission. A registered chemist shall have the
authority to undertake the professional practice of chemistry. (Rep. Act No.
10657, Chemistry Profession Act (2015), sec. 3 (b))

CHEMISTRY
 
The study, analysis, modification and calculations of physico-chemical or
biochemical properties of matter. Chemistry includes the atomic, molecular,
surface and supramolecular composition and structure of matter, properties and
reactions, the changes which matter undergoes, the energy involved, and the
conditions under which such changes occur. Biochemistry is included within the
scope of chemistry for purposes of [R.A. No. 10657]. (Rep. Act No.
10657, Chemistry Profession Act (2015), sec. 3 (a))
The science which studies the properties of matter, the changes in composition
which substances undergo, the energy involved in, and the conditions necessary
for the transformation of matter. (Rep. Act No. 754, Chemistry Regulation Act
(1952), sec. 1(a))

CHEMISTRY, PROFESSIONAL PRACTICE OF

 
Covers the performance of a service related to public interest, public safety, legal
or regulatory matters. The following and similar activities shall be the functions of
the registered chemists: (a) Performance of a chemical analysis or chemical
synthesis; (b) Certification of a chemical analysis or chemical synthesis; (c)
Inspection of a laboratory with respect to its chemical or biochemical activities;
(d) Certification of a laboratory with respect to its chemical or biochemical
activities; (e) Supervision of a chemical laboratory; (f) Supervision of a chemical
analysis or chemical synthesis, whether or not performed in a laboratory; (g)
Teaching, lecturing and reviewing of a professional chemistry subject in the
curriculum of the Bachelor of Science in Chemistry degree or a subject in the
chemistry licensure examination given in any college, university, or training or
review center, or any other educational institution or certification body; (h)
Consultation, investigation, or research concerning physico-chemical or
biochemical matters which involve public interest, public safety, laws or
regulations. For these purposes, the registered chemist must affix one's
signature, license number and official seal to any certification report submitted; (i)
Sale of chemicals, chemical apparatus or chemical equipment; (j) Supervision of
the sale of chemicals, chemical apparatus or chemical equipment; and (k)
Functions related to the management of chemicals, such as chemical safety,
chemical waste management, pollution control, and the like. (Rep. Act No.
10657, Chemistry Profession Act (2015), sec. 4)

CHICAGO CONVENTION
 
The international basis for civil aviation agreements. (Rep. Act No. 9497, Civil
Aviation Authority Act of 2008, sec. 3(ff))

CHIEF INFORMATION OFFICER (CIO)

 
A senior officer in all national government agencies (NGAs), including
constitutional offices, state universities and colleges (SUCs), government-owned
and -controlled corporations (GOCCs), and government financial institutions
(GFIs) responsible for the development and management of the agency's ICT
systems and applications. (Rep. Act No. 10844, Department of Information and
Communications Technology Act of 2015, sec. 3 (f))

CHIEF MATE
 
Also called Chief Officer or Sailing Mate, the second chief of the vessel, and
unless the agent orders otherwise, shall take the place of the captain in cases of
absence, sickness, or death, and shall then assume all his powers, duties, and
responsibilities. (Centennial Transmarine Inc. v. Dela Cruz, G.R. No. 180719,
August 22, 2008, citing Code of Commerce (1988), art. 627)

CHIEF OF MISSION
 
A principal officer appointed by the President of the Philippines, with the consent
of the Commission on Appointments, to be in charge of an embassy or legation
or other diplomatic mission of the Philippines, or any other person assigned
under the terms of this Act to minister resident, charge d'affaires, commissioner,
or diplomatic agent. (Rep. Act No. 708, Foreign Service Act of the Philippines
(1952), sec. 3(i)) 

CHILD
 
A person below fifteen (15) years of age unless sooner emancipated by
law. (Rep. Act No. 8043, Inter-Country Adoption Act of 1995, sec. 3(b))
A person below eighteen (18) years of age. (Rep. Act No. 8552, Domestic
Adoption Act of 1998, sec. 3(a); Rep. Act No. 9344, Juvenile Justice and
Welfare Act of 2006, sec. 4 (c)) 
IETHa

A person below eighteen (18) years of age or one who is over eighteen (18) but
is unable to fully take care of or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability
or condition. (Rep. Act No. 10364, Expanded Anti-Trafficking in Persons Act of
2012, sec. 3 (b))
A person below eighteen (18) years of age or over, but is unable to fully take
care of himself/herself or protect himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or
condition. For the purpose of this Act, a child shall also refer to: (1) a person
regardless of age who is presented, depicted or portrayed as a child as defined
herein; and (2) computer-generated, digitally or manually crafted images or
graphics of a person who is represented or who is made to appear to be a child
as defined herein. (Rep. Act No. 9775, Anti-Child Pornography Act of 2009, sec.
3(a))
CHILD ABUSE
 
The maltreatment, whether habitual or not, of the child which includes any of the
following: (1) psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment; (2) any act by deeds or words which
debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being; (3) unreasonable deprivation of his basic needs for survival, such
as food and shelter; or (4) failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth and development or in
his permanent incapacity or death. (Patulot y Galia v. People, G.R. No. 235071,
January 7, 2019, citing Rep. Act No. 7610, Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act (1992), sec. 3(b))  TcASE

The infliction of physical or psychological injury, cruelty to, or neglect, sexual

abuse or exploitation of a child. (Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases (1993), sec. 2(b))

CHILD AT RISK
 
A child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to,
the following: (1) being abused by any person through sexual, physical,
psychological, mental, economic or any other means and the parents or guardian
refuse, are unwilling, or, unable to provide protection for the child; (2) being
exploited including sexually or economically; (3) being abandoned or neglected,
and after diligent search and inquiry, the parent or guardian cannot be found; (4)
coming from a dysfunctional or broken family or without a parent or guardian; (5)
being out of school; (6) being a streetchild; (7) being a member of a gang; (8)
living in a community with a high level of criminality or drug abuse; and (9) living
in situations of armed conflict. (Rep. Act No. 9344, Juvenile Justice and Welfare
Act of 2006, sec. 4 (d))

CHILD-CARING AGENCY
 
A duly licensed and accredited agency by the Department of Social Welfare and
Development that provides twenty four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily committed children. (Rep. Act
No. 8552, Domestic Adoption Act of 1998, sec. 3(i))  EaCcD

A private non-profit or charitable institution or government agency duly licensed,

and accredited by the Department (of Social Welfare and Development) to
provide comprehensive child welfare services, including but not limited to,
receiving applications for adoption or foster care, evaluating the prospective
adoptive or foster parents and preparing the home study report. (Rule on
Commitment of Children, A.M. No. 02-1-19-SC, February 28, 2002, sec. 3(p))

CHILD-CARING INSTITUTION
 
One that provides twenty-four hour resident group care service for the physical,
mental, social and spiritual well-being of nine or more mentally gifted, dependent,
abandoned, neglected, handicapped or disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-
caring institution when nine or more of its pupils or wards in the ordinary course
of events do not return annually to the homes of their parents or guardians for at
least two months of summer vacation. (Pres. Decree No. 603, Child and Youth
Welfare Code (1974), art. 117(1))

CHILD-FRIENDLY PROGRAMS
 
Programs not specifically designed for viewing by children but which serve to
further the positive development of children and contain no elements that may
result in physical, mental and emotional harm to them. These include various
formats and genre that appeal to children and are made available for all ages
from early childhood to adolescence. (Rep. Act No. 8370, Children's Television
Act of 1997, sec. 3(c)) 
TcDEa

Television content, which may not be specifically designed for viewing by

children but which serve to further the positive development of children and
contain no elements that may result in physical, mental, and emotional harm to
them. These include various formats and genre that appeal to children and are
made available for all ages from early childhood to adolescence. (NCCT
Memorandum Circular No. 01-19, sec. 1 (d))
CHILD-FRIENDLY SPACES
 
Spaces where communities create nurturing environments for children to engage
in free and structured play, recreation, leisure and learning activities. The child-
friendly space may provide health, nutrition, and psychosocial support, and other
services or activities which will restore their normal functioning. (Rep. Act No.
10821, Children's Emergency Relief and Protection Act (2016), sec. 3(c))

CHILD IN CONFLICT WITH THE LAW

 
A child who is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws. (People v. Arpon y Juntilla, G.R. No. 183563,
December 14, 2011 citing Rep. Act No. 9344, Juvenile Justice and Welfare Act
of 2006, sec. 4 (e))

CHILD LEGALLY AVAILABLE FOR ADOPTION

 
A child who has been voluntarily or involuntarily committed to the Department (of
Social Welfare and Development) or to a duly licensed and accredited child-
placing or child-caring agency, freed of the parental authority of his/her
biological parent(s) or guardian or adopter(s) in case of rescission
of adoption. (Rep. Act No. 8552, Domestic Adoption Act of 1998, sec. 3(b))

CHILD-PLACING AGENCY
 
A duly licensed and accredited agency by the Department of Social Welfare and
Development to provide comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating the prospective
adoptive parents, and preparing the adoption home study. (Rep. Act No.
8552, Domestic Adoption Act of 1998, sec. 3(h))  HSTDE

A private non-profit or charitable institution or government agency duly licensed,

and accredited by the Department (of Social Welfare and Development) to
provide comprehensive child welfare services, including but not limited to,
receiving applications for adoption or foster care, evaluating the prospective
adoptive or foster parents and preparing the home study report. (Rule on
Commitment of Children, A.M. No. 02-1-19-SC, February 28, 2002, sec. 3(p))

CHILD PORNOGRAPHY
 
Any representation, whether visual, audio or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of a child
engaged or involved in real or simulated explicit sexual activities. (Rep. Act No.
9775, Anti-Child Pornography Act of 2009, sec. 3(b))

CHILD PROTECTION
 
Refers to measures, structures and activities that ensure the prevention and
response to abuse, neglect, exploitation and violence affecting children. It shall
include the promotion of their development and psychosocial well-being. (Rep.
Act No. 11188, Special Protection of Children in Situations of Armed Conflict Act
(2019), sec. 5 (h))

CHILD REGISTRY DOCUMENTS

 
All certificates, application forms, and certified true copies of legal instruments
and court decrees concerning the acts and events affecting the civil status of
persons which are presented before the Civil Registrar and are recorded in the
Civil Registry. (Rep. Act No. 10821, Children's Emergency Relief and Protection
Act (2016), sec. 3(d))

CHILD RESTRAINT SYSTEM

 
A device, approved in accordance with Section 6 of the Child Safety in Motor
Vehicles Act, capable of accommodating a child occupant in a sitting or supine
position. It is so designed as to diminish the risk of injury to the wearer, in the
event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility
of the child's body. (Rep. Act No. 11229, Child Safety in Motor Vehicles Act
(2019), sec. 3(h))

CHILD-VIEWING HOURS
 
Hours which are considered to be appropriate for children to watch television
taking into account other activities which are necessary or desirable for their
balanced development. (Rep. Act No. 8370, Children's Television Act of 1997,
sec. 3(d)) 
CAaHD

Hours between 8:00 A.M. and 11:00 A.M. and/or between 2:00PM and 5:00PM
are considered by the National Council for Children's Television to be appropriate
for children to watch taking into account other activities which are necessary or
desirable for their balanced development. (NCCT Memorandum Circular No. 01-
19, sec. 1 (e))

CHILD WITH SPECIAL NEEDS

 
Any child who is difficult to place in view of some physical, psychological, and/or
social limitations including but not limited to being an older child, belonging to a
sibling group or those who may be under such analogous
circumstances (Amended Implementing Rules and Regulations on Inter-Country
Adoption (2004), sec. 3(j))

CHILDREN
 
Persons below eighteen (18) years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or
condition (Malto v. People, G.R. No. 164733, September 21, 2007, Rep. Act No.
7610, Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (1992), sec. 3(a)) IACaT

All persons below eighteen (18) years old. (Rep. Act No. 8370, Children's
Television Act of 1997, sec. 3(a))
Those living with and dependent upon the solo parent for support who are
unmarried, unemployed and not more than eighteen (18) years of age, or even
over eighteen (18) years but are incapable of self-support because of mental
and/or physical defect/disability. (Rep. Act No. 8972, Solo Parents' Welfare Act
of 2000, sec. 3(b))
Those below eighteen (18) years of age or older but are incapable of taking care
of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her
care. (Rep. Act No. 9262, Anti-Violence Against Women and Their Children Act
of 2004, sec. 2(h)) 
cIHSa

See also "Child"

CHILDREN AFFECTED BY ARMED CONFLICT

 
All children population experiencing or who have experienced armed
conflict. (Rep. Act No. 11188, Special Protection of Children in Situations of
Armed Conflict Act (2019), sec. 5 (i))

CHILDREN EXPLOITED IN PROSTITUTION AND OTHER SEXUAL ABUSE

 
Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct. (People v. Basa, Jr., G.R.
No. 237349, February 27, 2019, citing Rep. Act No. 7610, Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act (1992), sec. 5)

CHILDREN INVOLVED IN ARMED CONFLICT (CIAC)

 
Children who are either forcibly, compulsorily recruited, or who voluntarily joined
a government force or any armed group in any capacity. They may participate
directly in armed hostilities as combatants or fighters; or indirectly through
support roles such as scouts, spies, saboteurs, decoys, checkpoint assistants,
couriers, messengers, porters, cooks or as sexual objects. (Rep. Act No.
11188, Special Protection of Children in Situations of Armed Conflict Act (2019),
sec. 5 (j))
CHILDREN'S TELEVISION
 
Programs and other materials broadcast on television that are specifically
designed for viewing by children. (Rep. Act No. 8370, Children's Television Act
of 1997, sec. 3(b))

CHILDREN, ILLEGITIMATE
 
See "Illegitimate Children" (Exec. Order No. 209, Family Code of the
Philippines (1987), as amended, art. 165) 

CHILDREN, LEGITIMATE
 
See "Legitimate Children" (Exec. Order No. 209, Family Code of the
Philippines (1987), as amended, art. 164)

CHILDREN, LEGITIMATED
 
See "Legitimated Children" (Exec. Order No. 209, Family Code of the
Philippines (1987), as amended, arts. 177 and 178)

CHIROPRACTIC
 
A discipline of the healing arts concerned with the pathogenesis, diagnosis,
therapy and prophylaxis of functional disturbances, pathomechanical states, pain
syndromes and neurophysiological effects related to the static and dynamics of
the locomotor system, especially of the spine and pelvis. (Rules and Regulations
Implementing the Traditional and Alternative Medicine Act of 1997 (1999), rule II,
sec. 1(9))
CHOCOLATE
 
A manufactured or finished product made out of cocoa beans, or "cacao" beans
as they are locally known. (Song Kiat Chocolate Factory v. Central Bank of the
Philippines, G.R. No. L-8888, November 29, 1957)

CHOICE
 
Occurs where, between "two alternatives or among a possibly infinite number (of
options)," there is "more than one possible outcome, with the selection of the
outcome left to the decision maker. (Leviste v. Court of Appeals, G.R. No.
189122, March 17, 2010, citing Steven Alan Childress & Martha S. Davis, 2
Standards of Review § 15.8, at 296 (1986) cited in Painter, Mark and Welker,
Paula, Abuse of Discretion: What Should It Mean in Ohio Law?, 29 Ohio N.U. L.
Rev. 209 (2002))

CHR
 
Commission on Human Rights

CHRONIC ENERGY DEFICIENCY

 
A condition where there is negative energy balance due to inadequate food and
nutrient intake, problems in absorption, relatively rare or excessive nutrient loss
mostly due to infections and malignancies. (Rep. Act No. 11148 (Kalusugan at
Nutrisyon ng Mag-Nanay Act (2018), sec. 6 (b))

CHRONIC HEPATITIS
 
Cirrhosis of the liver. (Tan Lim Te v. Workmen's Compensation Commissioner,
G.R. No. L-12324, August 30, 1958, citing Maloy, Medical Dictionary for
Lawyers, 2nd Ed., p. 286)
CHRONIC PYELONEPHRITIS
 
A slowly progressive infection of the renal pelvis and parenchyma, frequently
bilateral. Factors such as stones, strictures and tumors cause obstruction to the
flow of urine and predispose to infection. (Chavez v. Employees' Compensation
Commission, G.R. No. 61931, March 31, 1987)
That variety of chronic interstitial nephritis resulting from bacterial infection of the
kidney. The bacteria may reach the kidney by way of the blood stream or by way
of the ureter (ascending infection). Coliform bacteria are responsible for most
cases although other types of bacilli are also found. (Ceniza v. Employees'
Compensation Commission, G.R. No. L-55645, November 2, 1982, citing
Textbook of Medicine by Cecil & Loeb, 10th edition, p. 1076)

CHURCH
 
A place where persons regularly assemble for worship. (Martelino v. Estrella,
G.R. No. L-15927, April 29, 1963, citing 7 Words and Phrases 199)

CIAC
 
Clark International Airport Corporation
Construction Industry Arbitration Commission

CIAP
 
Construction Industry Authority of the Philippines

CIC
 
Center for International Competitiveness
CICT
 
Commission on Information and Communications Technology

CIGARETTES
 
All rolls of finely-cut leaf tobacco, or any substitute therefor, wrapped in paper or
in any other material. (Rep. Act No. 8424, Tax Reform Act of 1997, sec. 147(b))

CIGARS
 
All rolls of tobacco or any substitute thereof, wrapped in leaf tobacco. (Rep. Act
No. 8424, Tax Reform Act of 1997, sec. 147(a))

CINEMA
 
See "Theater"

CINEMATOGRAPHIC ART OR WORK

 
Artistic creations that employ a series of pictures projected on a screen in rapid
succession, with objects shown in successive positions slightly changed so as to
produce the optical effect of a continuous picture in which the objects
move. (Rep. Act No. 9239, Review and Classification Rules and Regulations of
Optical Media Materials for Private Viewing (2005), sec. 1(e))

CINEMATOGRAPHIC FILM
 
Any audiovisual work consisting of a series of related images which, when shown
in succession, impart an impression of motion, together with accompanying
sounds, if any. (Rep. Act No. 10088, Anti-Camcording Act of 2010, sec. 2(e))

CINERARY REMAINS OR CREMAINS

 
The ashes resulting from cremation of a dead body. (Implementing Rules and
Regulations of Chapter XXI (Disposal of Dead Persons) of Pres. Decree No. 856
(1996), sec. 2(5))

CIPHER
 
A method of secret writing or use of characteristic style or symbol by substituting
other letter/s or character/s for the letter/s intended, for the purpose of misleading
the consumer. (Rep. Act No. 10918, Philippine Pharmacy Act (2016), sec. 5(e))

CIRCUITUS EST EVITANDUS; ET BONI JUDICIS EST LITES DIRIMERE, NE

LIS EX LITE ORIATUR
 
To prevent circuity of action, we must recognize the affirmative right of action on
the part of the landlord as a complete and efficacious defense to the
maintenance of an action by the tenant. (Viray. v. Intermediate Appellate Court,
G.R. No. 81015, July 4, 1991)

CIRCUMFERENCE
 
The line that bounds a circular plane surface. (People v. Butron, G.R. No.
112986, May 7, 1997, citing Webster's Third New International Dictionary)

CIRCUMSTANCES WHICH GRAVELY THREATEN OR ENDANGER THE

SURVIVAL AND NORMAL DEVELOPMENT OF CHILDREN
 
Include, but are not limited to, the following; (1) Being in a community where
there is armed conflict or being affected by armed conflict-related activities; (2)
Working under conditions hazardous to life, safety and morals which unduly
interfere with their normal development; (3) Living in or fending for themselves in
the streets of urban or rural areas without the care of parents or a guardian or
any adult supervision needed for their welfare; (4) Being a member of
an indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life; (5) Being a victim of a
man-made or natural disaster or calamity; or (6) Circumstances analogous to
those abovestated which endanger the life, safety or normal development of
children. (Rep. Act No. 7610, Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act (1992), sec. 3(c))

CIRCUMSTANTIAL EVIDENCE
 
Evidence which indirectly proves a fact in issue through an inference which the
fact-finder draws from the evidence established. Such evidence is founded on
experience and observed facts and coincidences establishing a connection
between the known and proven facts and the facts sought to be proved. (People
v. Osianas, G.R. No. 182548, September 30, 2008, citing People v. Pascual, Jr.,
G.R. No. 132870, May 29, 2002, 432 Phil. 224, 231)  aDAHE

Circumstantial evidence is sufficient for conviction if: (a) There is more than one
circumstance; (b) The facts from which the inferences are derived are proven;
and (c) The combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt. (Revised Rules of Court, sec. 4, rule 133)

CIRCUMVALACION
 
Spanish for "the act of surrounding a place". It is a term that is derived from the
word "circuir," which means to surround, to encompass, to encircle. (Querubin v.
Alconcel, G.R. No. L-23050, September 18, 1975)

CIRRHOSIS
 
A disease of the liver in which it usually becomes more dense and fibrous and
undergoes degeneration. It becomes yellowish in appearance due to coloring by
bile pigments. (Tan Lim Te v. Workmen's Compensation Commissioner, G.R.
No. L-12324, August 30, 1958, citing Maloy, Medical Dictionary for Lawyers, 2nd
Ed., p. 134) HcACT

See also "Chronic Hepatitis"

CITC
 
Cottage Industry Technology Center

CITEM
 
Center for International Trade Expositions and Missions

CITES
 
The Convention on International Trade in Endangered Species of Wild Fauna
and Flora, a treaty regulating the international trade of fauna and flora listed in its
Appendices. (DENR Administrative Order No. 01-09, Guidelines in Establishing
the Wild Fauna Marking and Identification System (2009), sec. 2(4))  I

CITIZEN
 
One who, by birth, naturalization, or otherwise, is a member of a political
community, and as such is subject to its laws and entitled to its protection in all
his rights incident to that relation. Derived from the Latin word "cives," the term
"citizen" conveys the idea of connection or identification with the state or
government and participation in its function. (Dissenting Opinion of J. Carpio-
Morales in Tecson v. Commission on Elections, G.R. Nos. 161434, 161634 &
161824, March 3, 2004, citing R. Velayo, Philippine Citizenship and
Naturalization (1964); E. Q. Fernando, The 1973 Constitution: A Survey, 31
(1977); R. Ledesma, An Outline of Philippine Immigration and Citizenship Laws,
353 (1999))

CITIZEN'S CHARTER
 
An official document, a service standard, or a pledge, that communicates, in
simple terms, information on the services provided by the government to its
citizens. It describes the step-by-step procedure for availing a particular service,
and the guaranteed performance level that they may expect for that
service. (CSC Resolution No. 081471 (2008), sec. 2(b))

CITIZENS ASSEMBLY
 
A body created in chartered cities or in poblaciones of municipalities where there
are no barangays pursuant to the provisions of Presidential Decree No. 86,
composed of residents of the barangay with the same qualifications, powers and
rights as those constituting the barrio assembly created under Republic Act No.
3590. (Katarungang Pambarangay Rules, rule II, par. 10)

CITIZENS OF THE PHILIPPINES

 
The following are citizens of the Philippines: (1) Those who were citizens of the
Philippines at the time of the adoption of the Constitution of the Philippines; (2)
Those born in the Philippines of foreign parents who, before the adoption of
said Constitution,had been elected to public office in the Philippines; (3) Those
whose fathers are citizens of the Philippines; (4) Those whose mothers are
citizens of the Philippines and, upon reaching the age of majority,elect
Philippine citizenship; (5) Those who are naturalized in accordance with
law. (1987 Constitution, sec. 1, art. IV)

CITY
 
Consisting of more urbanized and developed barangays, serves as a general
purpose government for the coordination and delivery of basic, regular, and
direct services and effective governance of the inhabitants within its territorial
jurisdiction. (Rep. Act No. 7160, Local Government Code of 1991, sec. 448)

CIVIC WELFARE TRAINING SERVICE

 
Programs or activities contributory to the general welfare and the betterment of
life for the members of the community or the enhancement of its facilities,
especially those devoted to improving health, education, environment,
entrepreneurship, safety, recreation and morals of the citizenry. (Rep. Act No.
9163, National Service Training Program (NSTP) Act of 2001, sec. 3(d)) 

CIVIL ACTION
 
One by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong. A civil action may either be ordinary or
special. Both are governed by the rules for ordinary civil actions, subject to the
specific rules prescribed for a special civil action. (1997 Rules of Civil Procedure,
sec. 3(a), rule 1) 

CIVIL AIRCRAFT
 
Any aircraft other than a State or public aircraft. (Rep. Act No. 9497, Civil
Aviation Authority Act of 2008, sec. 3(hh))

CIVIL AVIATION
 
The operation of any civil aircraft for the purpose of general aviation operations,
aerial work or commercial air transport operations. (Rep. Act No. 9497, Civil
Aviation Authority Act of 2008, sec. 3(ii))

CIVIL CONSPIRACY
 
The combination of two or more persons for purposes of accomplishing by
concerted action either lawful purpose by unlawful means or unlawful purpose by
lawful means. (Dissenting Opinion of J. Davide in Republic v. Sandiganbayan,
G.R. No. 92594, March 4, 1994, citing Black's Law Dictionary, 223, 5th ed.)

CIVIL CONTEMPT
 
The failure to do something ordered to be done by a court or a judge for the
benefit of the opposing party therein and is therefore, an offense against the
party in whose behalf the violated order was made. (Ceniza v. Wistehuff, Sr.,
G.R. No. 165734, June 16, 2006, citing Montenegro v. Montenegro, G.R. No.
156829, June 8, 2004)

CIVIL ENGINEERING, PRACTICE OF

 
Embraces services in the form of consultation, design, preparation of plans,
specifications, estimates, erection, installation and supervision of the construction
of streets, bridges, highways, railroads, airports and hangars, portworks, canals,
river and shore improvements, lighthouses, and dry docks; buildings, fixed
structures for irrigation, flood protection, drainage, water supply
and sewerage works; demolition of permanent structures; and tunnels. The
enumeration of any work in this section shall not be construed as excluding any
other work requiring civil engineering knowledge and application. (Rep. Act No.
544, Civil Engineering Law (1950), sec. 2)

CIVIL FRUITS
 
The rents of buildings, the price of leases of lands and other property and the
amount of perpetual or life annuities or other similar income. (Rep. Act No.
386, Civil Code of the Philippines (1949), as amended, art. 442)

CIVIL INTERDICTION
 
A penalty that shall deprive the offender during the time of his sentence of the
rights of parental authority, or guardianship, either as to the person or property
of any ward, of marital authority, of the right to manage his property and of the
right to dispose of such property by any act or any conveyance inter
vivos. (Maquilan v. Maquilan, G.R. No. 155409, June 8, 2007, citing Act No.
3815, Revised Penal Code (1930), art. 34)

CIVIL LIBERTY
 
That measure of freedom which may be enjoyed in a civilized community,
consistently with the peaceful enjoyment of like freedom in others. The right to
liberty guaranteed by the Constitution includes the right to exist and the right to
be free from arbitrary personal restraint or servitude. The term cannot be dwarfed
into mere freedom from physical restraint of the person of the citizen, but is
deemed to embrace the right of man to enjoy the faculties with which he has
been endowed by his Creator, subject only to such restraints as are necessary
for the common welfare. As enunciated in a long array of authorities including
epoch-making decisions of the United States Supreme Court, liberty includes the
right of the citizen to be free to use his faculties in lawful ways; to live and work
where he will; to earn his livelihood by any lawful calling; to pursue any
avocation, and for that purpose, to enter into all contracts which may be proper,
necessary, and essential to his carrying out these purposes to a successful
conclusion. The chief elements of the guaranty are the right to contract, the right
to choose one's employment, the right to labor, and the right of
locomotion. (Concurring Opinion of J. Jardeleza in Capin-Cadiz v. Brent Hospital
and Colleges, Inc., G.R. No. 187417, February 24, 2016, citing Rubi v. Provincial
Board of Mindoro, G.R. No. 14078, March 7, 1919, 39 Phil. 660)

CIVIL MONTH
 
That which agrees with the Gregorian calendar; and these months are known by
the names of January, February, March, etc. They are composed of unequal
portions of time. (Gutierrez v. Carpio, G.R. No. 31025, August 15, 1929, citing
Bouvier's Law Dictionary)
See also "Calendar Month"
CIVIL OBLIGATIONS
 
Obligations that give a right of action to compel their performance. (Rep. Act No.
386, Civil Code of the Philippines (1949), as amended, art. 1423)

CIVIL REGISTER
 
The various registry books and related certificates and documents kept in the
archives of the local civil registry offices, Philippine Consulates and of the Office
of the Civil Registrar General. (Rep. Act No. 9048 (2001), sec. 2(4))

CIVIL REGISTRAR
 
The person in-charge of recording vital events and other documents affecting the
civil status of persons in cities and municipalities. (NSO Administrative Order No.
1-93, Implementing Rules and Regulations of Act No. 3753 and Other Laws on
Civil Registration, preliminary statement)

CIVIL REGISTRAR (CITY OR MUNICIPAL)

 
The head of the local civil registry office of the city or municipality, as the case
may be, who is appointed as such by the city or municipal mayor in accordance
with the provisions of existing laws. (Rep. Act No. 9048 (2001), sec. 2(1))

CIVIL REGISTRAR GENERAL

 
The administrator of the National Statistics Office which is the agency mandated
to carry out and administer the provision of laws on civil registration. (Rep. Act
No. 9048 (2001), sec. 2(5))

CIVIL RIGHTS
 
Those (rights) that belong to every citizen of the state or country, or, in wider
sense, to all its inhabitants, and are not connected with the organization or
administration of government. They include the rights to
property, marriage, equal protection of the laws, freedom of contract, etc. Or,
as otherwise defined civil rights are rights appertaining to a person by virtue of
his citizenship in a state or community. Such term may also refer, in its general
sense, to rights capable of being enforced or redressed in a civil action. (Simon,
Jr. v. Commission on Human Rights, G.R. No. 100150, January 5, 1994, citing
Black's Law Dictionary, Sixth Edition, 1324; Handbook of American
Constitutional Law, (4th Ed., 1927), p. 524)

CIVIL SOCIETY
 
Non-government organizations (NGOs) and people's organizations (POs). (Rep.
Act No. 9275, Philippine Clean Water Act of 2004, sec. 4(e))

CIVIL SOCIETY ORGANIZATIONS (CSOs)

 
Groups of nongovernmental and noncommercial individuals or legal entities that
are engaged in non-coerced collective action around shared interests, purpose
and values. (Rep. Act No. 11166, Philippine HIV and AIDS Policy Act (2018),
sec. 3 (d)) 
CTADI

Non-State actors whose aims are neither to generate profits nor to seek
governing power, such as nongovernment organizations (NGOs), professional
associations, foundations, independent research institutes, community-based
organizations (CBOs), faith-based organizations, people's organizations, social
movements, networks, coalitions, and labor unions, which are organized based
on ethical, cultural, scientific, religious or philanthropic considerations. (Rep. Act
No. 11148 (Kalusugan at Nutrisyon ng Mag-Nanay Act (2018), sec. 6 (c))
Non-state actors whose aims are neither to generate profits nor to seek
governing power. CSOs unite people to advance shared goals and interests.
They have a presence in public life, expressing the interests and values of their
members or others, and are based on ethical, cultural, scientific, religious or
philanthropic considerations. CSOs include nongovernment organizations
(NGOs), professional associations, foundations, independent research institutes,
community-based organizations (CBOs), faith-based organizations, people's
organizations, social movements, and labor unions. (Rep. Act No.
10121, Philippine Disaster Risk Reduction and Management Act of 2010, sec.
3(c)) 

CLAIM
 
Right to payment, whether or not such right is reduced to judgment, liquidated,
unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured, or unsecured; or right to an equitable remedy for breach of
performance if such breach gives rise to a right to payment, whether or not such
right to an equitable remedy is reduced to judgment, fixed, contingent, matured,
unmatured, disputed, undisputed, secured, unsecured. (Cordova v. Reyes
Daway Lim Bernardo Lindo Rosales Law Offices, G.R. No. 146555, July 3, 2007,
citing Finasia Investments and Finance Corporation v. Court of Appeals, G.R.
No. 107002, October 7, 1994)
An action involving monetary considerations. (Rosario v. Co, G.R. No. 133608,
August 26, 2008, citing Arranza v. B.F. Homes, Inc., G.R. No. 131683, June 19,
2000, 389 Phil. 318)  AECcTS

Includes all claims or demands of whatever nature or character against a debtor

or its property, whether for money or otherwise. (Dela Torre v. Primetown
Property Group, Inc., G.R. No. 221932, February 14, 2018, citing the Interim
Rules of Procedure on Corporate Rehabilitation, A.M. No. 00-8-10-SC,
December 15, 2000)

CLAIM OF OWNERSHIP
 
The possession of a piece of property with the intention of claiming it in hostility
to the true owner. It is a party's manifest intention to take over land, regardless of
title or right. (Heherson Alvarez v. PICOP Resources, G.R. Nos. 162243, 164516
& 171875, December 3, 2009, citing Black's Law Dictionary (Eighth Edition), p.
265)

CLANDESTINE LABORATORY
 
Any facility used for the illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical. (Rep. Act No.
9165, Comprehensive Dangerous Drugs Act of 2002, sec. 3(e))

CLASS
 
Includes all positions in the government service that are sufficiently similar as to
duties and responsibilities and require similar qualifications that can be given the
same title and salary and for all administrative and compensation purposes, be
treated alike. (Exec. Order No. 292, Administrative Code of 1987, as amended,
sec. 5(3), chap. 1, subtitle A, title I, book V)

CLASS ACTIONS, PRINCIPLE OF

 
See "Principle of Class Actions"

CLASS SUIT
 
When the subject matter of the controversy is one of common or general interest
to many persons so numerous that it is impracticable to join all as parties, a
number of them which the court finds to be sufficiently numerous and
representative as to fully protect the interests of all concerned may sue or defend
for the benefit of all. Any party in interest shall have the right to intervene to
protect his individual interest. (1997 Rules of Civil Procedure, sec. 12, rule 3)

CLASSIFICATION
 
The grouping of persons or things similar to each other in certain particulars and
different from each other in these same particulars. To be valid, it must conform
to the following requirements: (1) it must be based on substantial distinctions; (2)
it must be germane to the purposes of the law; (3) it must not be limited to
existing conditions only; and (4) it must apply equally to all the members of the
class. (Association of Small Landowners in the Philippines, Inc. v. Secretary of
Agrarian Reform, G.R. No. 78742, July 14, 1989, citing International Harvester
Co. v. Missouri, 234 US 199 and People v. Cayat, G.R. No. 45987, May 5, 1939,
68 Phil. 12)

CLASSIFICATION / RECLASSIFICATION OF PHILIPPINE WATERS

 
The categorization of all water bodies taking into account, among others, the
following: (1) existing quality of the body of water; (2) size, depth, surface area
covered, volume, direction, rate of flow and gradient of stream; (3) most
beneficial existing and future use of said bodies of water and lands bordering
them, such as for residential, agricultural, aquacultural, commercial, industrial,
navigational, recreational, wildlife conservation and aesthetic purposes; and (4)
vulnerability of surface and groundwater to contamination from pollutive
and hazardous wastes, agricultural chemicals and underground storage tanks
of petroleum products. (Rep. Act No. 9275, Philippine Clean Water Act of 2004,
sec. 4(d))

CLEAN-UP OPERATIONS
 
Activities involving the removal of pollutants discharged or spilled into a water
body and its surrounding areas, and the restoration of the affected areas to their
former physical, chemical and biological state or conditions. (Rep. Act No.
9275, Philippine Clean Water Act of 2004, sec. 4(g))

CLEANER PRODUCTION
 
The application of an integrated, preventive environmental strategy to processes,
products, services to increase efficiency and reduce risks to humans and the
environment. (Rep. Act No. 9275, Philippine Clean Water Act of 2004, sec. 4(f))

CLEAR AND CONVINCING PROOF

 
More than mere preponderance, but not to the extent of such certainty as is
required beyond reasonable doubt as in criminal cases. (Caurdanetaan Piece
Workers Union v. Laguesma, G.R. Nos. 113542 & 114911, February 24, 1998,
citing Black's Law Dictionary, 5th Ed., p. 227)

CLEAR-AND-PRESENT-DANGER RULE
 
The question in every case is whether the words are used in such circumstances
and are of such nature as to create a clear and present danger that they will
bring about the substantive evils that Congress has the right to prevent. (Social
Weather Stations, Inc. v. Commission on Elections, G.R. No. 147571, May 5,
2001, citing Schenck v. United States, 249 U.S. 47, 63 L Ed 470, 473-474)  CTDAaE

The evil consequence of the comment or utterance must be "extremely serious

and the degree of imminence extremely high" before the utterance can be
punished. The danger to be guarded against is the "substantive evil" sought to be
prevented. And this evil is primarily the "disorderly and unfair administration of
justice." This test establishes a definite rule in constitutional law. It provides the
criterion as to what words may be published. Under this rule, the advocacy of
ideas cannot constitutionally be abridged unless there is a clear and present
danger that such advocacy will harm the administration of justice. (Cabansag v.
Fernandez, G.R. No. L-8974, October 18, 1957)

CLEAR LEGAL RIGHT

 
A right clearly founded in, or granted by law; a right which is inferable as a matter
of law. (Velasco v. Belmonte, Jr., G.R. No. 211140, January 12, 2016, citing
Palileo v. Ruiz Castro, No. L-3261, December 29, 1949)

CLEARANCE
 
The completion of customs and other government formalities necessary to allow
goods to enter for consumption, warehousing, transit or transshipment, or to be
exported or placed under another customs procedure. (Rep. Act No.
10863, Customs Modernization and Tariff Act (2016), sec. 102 (k))

CLEARING
 
The process of transmitting, reconciling, and in some cases, confirming payment
orders prior to settlement, and the establishment of final payment obligations for
settlement. (Rep. Act No. 11127, The National Payment Systems Act (2018),
sec. 4 (b))

CLEARING AGENCY
 
Any person who acts as intermediary in making deliveries upon payment to effect
settlement in securities transactions. (Rep. Act No. 8799, Securities Regulation
Code (2000), sec. 3.6)
Any person that provides a facility to a Broker dealer, salesman, associated
person of a Broker dealer or another clearing agency and whose facility performs
any or all of the following activities: (A) makes deliveries in connection with
transactions in securities; (B) reduces the number of settlements of securities
transactions or allocates securities settlement responsibilities; and (C) provides
for the central handling of securities so that transfers, loans, pledges and similar
transactions can be made by bookkeeping entry, or otherwise, to facilitate the
settlement of securities transactions without physical delivery of securities
certificates. (Amended Implementing Rules and Regulations of the Securities
Regulation Code (2003), SRC rule 3.6)

CLERICAL ERROR
 
A mistake committed in the performance of clerical work in writing, copying,
transcribing or typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth, mistake in the entry of day
and month in the date of birth or the sex of the person 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 no
correction must involve the change of nationality, age, or status of the
petitioner. (Rep. Act No. 9048 (2001), sec. 2 (3), as amended by Rep. Act No.
10172 (2012))
Covers all errors, mistakes, or omissions which are not the result of the exercise
of the judicial function. (Llanes & Company v. Bocar, G.R. No. L-26992, February
12, 1976, citing Hubbard v. Hubbard, 212 Or. 482, 324 P. 2d 469)
CLERK OF COURT
 
The administrative officer of the Court, subject to the control and supervision of
the Presiding Judge and/or Executive Judge (in case of multiple sala Courts).
Said officer has control and supervision over all Court records, exhibits,
documents, properties and supplies; acts on applications for leave and signs
daily time records; prepares and signs summons, subpoena and notices, writs
of execution, remittance of prisoners, release of prisoners, certified true copies of
decisions, orders, and other processes, letters of administration and
guardianship, transmittals of appealed cases, indorsements and
communications, and monthly reports of cases; determines the docket fees to be
paid by the parties-litigants as provided in the Rules of Court; issues clearances
in appropriate cases and performs and discharges such duties as may be
assigned by the Executive Judge or the Presiding Judge. (Office of the Court
Administrator v. Quizon, A.M. No. RTJ-01-1636, February 13, 2002, citing
Manual for Clerks of Court (2002), chap. II, sec. B(1))

CLIMATE CHANGE
 
A change in climate that can be identified by changes in the mean and/or
variability of its properties and that persists for an extended period typically
decades or longer, whether due to natural variability or as a result of human
activity. (Rep. Act No. 9729, Climate Change Act of 2009, as amended, sec. 3
(d))

CLIMATE FINANCE
 
Resources that have been allocated or may be utilized towards the climate
change adaptation and mitigation requirements of the country and its vulnerable
communities. (Rep. Act No. 9729, Climate Change Act of 2009, as amended,
sec. 3 (e))

CLIMATE RISK
 
The product of climate and related hazards working over the vulnerability of
human and natural ecosystems. (Rep. Act No. 9729, Climate Change Act of
2009, as amended, sec. 3 (g))

CLIMATE VARIABILITY
 
The variations in the average state and in other statistics of the climate on all
temporal and spatial scales beyond that of individual weather events. (Rep. Act
No. 9729, Climate Change Act of 2009, as amended, sec. 3(f))

CLOSE CORPORATION
 
One whose articles of incorporation provides that: (a) all the corporation's issued
stock of all classes, exclusive of treasury shares, shall be held of record by not
more than a specified number of persons, not exceeding twenty (20); (b) all of
the issued stock of all classes shall be subject to one or more specified
restrictions on transfer permitted by Title XII of the Revised Corporation Code of
the Philippines; and (c) the corporation shall not list in any stock exchange or
make any public offering of any of its stock of any class. Notwithstanding the
foregoing, a corporation shall not be deemed a close corporation when at least
two-thirds (2/3) of its voting stock or voting rights is owned or controlled by
another corporation which is not a close corporation within the meaning of
the Revised Corporation Code of the Philippines. (Rep. Act No. 11232, Revised
Corporation Code of the Philippines (2019), sec. 95)

CLOSE-END COMPANY
 
Any investment company other than an open-end company. (Rep. Act No.
2629, Investment Company Act (1960), sec. 5)

CLOSED BANK
 
A bank placed under liquidation by the Monetary Board. (Rep. Act No. 3591
(1963), sec. 5 (e), as amended by Rep. Act No. 10846 (2016))
CLOSED LEG BAND
 
A metal or hard plastic ring or band in a continuous circle, without any break or
join, which has not been tampered with in any way, of a size which cannot be
removed from the bird when its leg is fully grown after having been applied in the
first days of the bird's life. (DENR Administrative Order No. 01-09, Guidelines in
Establishing the Wild Fauna Marking and Identification System, sec. 2(15.a))

CLOSED SEASON
 
The period during which the taking of specified fishery species by a specified
fishing gear is prohibited in a specified area or areas in Philippine waters. (Rep.
Act No. 8550, Philippine Fisheries Code of 1998, sec. 4(8))

CLOSED SHOP
 
An enterprise in which, by agreement between the employer and his employees
or their representatives, no person may be employed in any or certain agreed
departments of the enterprise unless he or she is, becomes, and, for the duration
of the agreement, remains a member in good standing of a union entirely
comprised of or of which the employees in interest are a part. (Inguillo v. First
Philippine Scales, Inc., G.R. No. 165407, June 5, 2009, citing Del Monte
Philippines, Inc. v. Saldivar, G.R. No. 158620, October 11, 2006)

CLOSED SHOP AGREEMENT

 
An agreement whereby an employer binds himself to hire only members of the
contracting union who must continue to remain members in good standing to
keep their jobs. It is "the most prized achievement of unionism." It adds
membership and compulsory dues. By holding out to loyal members a promise of
employment in the closed-shop, it welds group solidarity. It is a very effective
form of union security agreement. (Manila Mandarin Employees Union v.
National Labor Relations Commission, G.R. No. 76989, September 29, 1987,
citing National Labor Union v. Aguinaldo's Echague, Inc., G.R. No. L-7358, May
31, 1955, 97 Phil. 184)

CLOSED VAN
 
A large motor vehicle, usually with an enclosed cargo space, designed to carry
goods for commercial purposes, or engaged in services of transporting personal
effects. (Rep. Act No. 10916, Road Speed Limiter Act of 2016, sec. 3 (a))

CLOSING-OUT SALE
 
A consumer sale wherein the seller uses the announcement to create the
impression that he is willing to give large discounts or merchandise in order to
reduce, dispose or close out his inventory and business. (Rep. Act No.
7394, Consumer Act of the Philippines (1992), art. 4(l))

CLOTHIER
 
One who makes or sells cloths or clothing; especially, one who sells ready-made
clothing. (A.T. Hashim v. Juan Posadas, G.R. No. 24402, February 19, 1926, 48
Phil. 767)

CLOUD ON TITLE
 
A semblance of title which appears in some legal form but which is in fact
unfounded. (Metropolitan Bank and Trust Company v. Floro T. Alejo, G.R. No.
141970, September 20, 2001, citing Tolentino, Civil Code,Vol. II, 1992 ed., p.
150)
An outstanding instrument, record, claim, encumbrance or proceeding which is
actually invalid or inoperative, but which may nevertheless impair or affect
injuriously the title to property. The matter complained of must have a prima facie
appearance of validity or legal efficacy. The cloud on title is a semblance of title
which appears in some legal form but which is in fact unfounded. The invalidity or
inoperativeness of the instrument is not apparent on the face of such instrument,
and it has to be proved by extrinsic evidence. ..(Evangelista v. Santiago, G.R.
No. 157447, April 29, 2005, citing II Tolentino, Arturo, Commentaries and
Jurisprudence on the Civil Code of the Philippines, p. 139 [1983 ed.])  CaSAcH

Any instrument, record, claim, encumbrance or proceeding which is apparently

valid or effective but is in truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title. (Bongalon v. Court of
Appeals, G.R. No. 142441, November 10, 2004, citing Rep. Act No. 386, Civil
Code (1949), art. 476)

CLUSTER
 
A number of similar things that occur together: such as a: two or more
consecutive consonants or vowels in a segment of a speech b: a group of
buildings and especially houses built together on a sizable tract in order to
preserve open spaces larger than the individual yard for common recreation c: an
aggregation of stars or galaxies that appear close together in the sky and are
gravitationally associated x x x d: a larger than expected number of cases of
disease (as leukemia) occurring in a particular locality, group of people, or period
of time e: a number of computers networked together in order to function as a
single computing system x x x. (Separate Opinion of J. Caguioa in Aguinaldo v.
Aquino III, G.R. No. 224302, February 21, 2017, citing www.merriam-
webster.com/dictionary/cluster)
To come together to form a group. (Separate Opinion of J. Caguioa in Aguinaldo
v. Aquino III, G.R. No. 224302, February 21, 2017, citing www.merriam-
webster.com/dictionary/cluster)

CLUSTER OF SCHOOLS
 
A group of schools which are geographically contiguous and brought together to
improve the learning outcomes. (Rep. Act No. 9155, Governance of Basic
Education Act of 2001, sec. 4(c))

CMDF
 
Construction Manpower Development Foundation

CO-GENERATION SYSTEMS
 
Facilities which produce electrical and/or mechanical energy and forms of useful
thermal energy such as heat or steam which are used for industrial, commercial
heating or cooling purposes through the sequential use of energy. (Rep. Act No.
9513, Renewable Energy Act of 2008,sec. 4(d))

CO-INSURANCE
 
A percentage of a medical charge that is paid by the insured, with the rest paid
by the health insurance plan. (Rep. Act No. 11223, Universal Health Care Act
(2019), sec. 4 (d))
CO-LOADING
 
Agreements between two (2) or more international or domestic sea carriers
whereby a sea carrier bound for a specified destination agrees to load, transport,
and unload the container van or cargo of another carrier bound for the same
destination. (Rep. Act No. 10668 (2015), sec. 2(a))

CO-OWNERSHIP
 
Exists whenever the ownership of an undivided thing or right belongs to different
persons. (Co Giok Lun v. Co, G.R. No. 184454, August 3, 2011, citing Rep. Act
No. 386, New Civil Code (1949), art. 484)
The right of common dominion which two or more persons have in a spiritual part
of a thing, not materially or physically divided. Before the partition of the property
held in common, no individual or co-owner can claim title to any definite portion
thereof. All that the co-owner has is an ideal or abstract quota or proportionate
share in the entire property. (Vagilidad v. Vagilidad, Jr., G.R. No. 161136,
November 16, 2006, citing Tolentino, Commentaries and Jurisprudence on
the Civil Code of the Philippines II (1994) at 161 and Oliveras v. Lopez, G.R. No.
L-29727, December 14, 1988)  cESDCa
The juridical concept of co-ownership is unity of the object or property and
plurality of subjects. Each co-owner, jointly with the other co-owners, is the owner
of the whole property, but at the same time of the undivided aliquot part thereof.
Each co-owner has the right to sell, assign or dispose of his share, unless
personal rights are involved, and therefore, he may lose said rights to others, as
by prescription thereof by a co-owner. (Consignado v. Court of Appeals, G.R.
No. 87148, March 18, 1992, citing 3 Manresa 386-387, Civil Code, art.
399, Bargayo v. Camumot, G.R. No. 14749, March 12, 1920, 40 Phil. 857)

CO-PAYMENT
 
A flat fee or predetermined rate paid at point of service. (Rep. Act No.
11223, Universal Health Care Act (2019), sec. 4 (e))

CO-TENANCY
 
A custom under which a tenant (lessee) employs another to do the farm work for
him, although it is he with whom the landholder (lessor) deals directly. (Valencia
v. Court of Appeals, G.R. No. 122363, April 29, 2003)

COA
 
Commission on Audit

COALITION
 
An aggrupation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes. (Rep. Act No. 7941, Party-
List System Act (1995), sec. 3(e))

COASTAL AREA / ZONE

 
A band of dry land and adjacent ocean space (water and submerged land) in
which terrestrial processes and uses directly affect oceanic processes and uses,
and vice versa; its geographic extent may include areas within a landmark limit of
one (1) kilometer from the shoreline at high tide to include mangrove swamps,
brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other
areas within a seaward limit of 200 meters isobath to include coral reefs, algal
flats, seagrass beds and other soft-bottom areas. (Rep. Act No. 8550, Philippine
Fisheries Code of 1998, sec. 4(9))

COASTLINE
 
The outline of the mainland shore touching the sea at mean lower low
tide. (Implementing Rules and Regulations of Rep. Act No. 8550 (The Philippine
Fisheries Code of 1998), rule 4.1 (a))

COASTWISE PORTS
 
Such domestic ports as are open to the coastwise trade only. These include all
ports, harbors and places not ports of entry. (Pres. Decree No. 1464, Tariff and
Customs Code of 1978, as amended, sec. 3519)

COBRO DE LO INDEBIDO
 
The recovery of what has been improperly paid. (Leung Ben v. P.J. O' Brien,
G.R. No. 13602, April 6, 1918)

COCAL
 
Coconut tree plantation. (Vda. de Raz v. Court of Appeals, G.R. No. 120066,
September 9, 1999)

COCKFIGHTING
 

A battle between cocks; specially a match between two gamecocks, in which the
birds armed with artificial spurs of steel are pitted against each other in a
ring. (United States v. Estapia, G.R. No. L-12891, October 19, 1917)
The commonly known game or term "cockfighting derby, pintakasi or tupada", or
its equivalent terms in different Philippine localities. (Pres. Decree No.
449, Cockfighting Law of 1974, sec. 4(a))

COCKPIT
 
A pit or ring for cockfighting. (United States v. Estapia, G.R. No. L-12891,
October 19, 1917, citing Websters, Funk & Wagnalls, and the Twentieth Century
Dictionary)

COCONUT TREE
 
A tall pinnate-leaved palm bearing a large edible fruit called coconut, including
those not yet bearing or is no longer bearing fruit. (Amended Implementing Rules
and Regulations of Rep. Act No. 8048 (2002), sec. 4(a))

CODA
 
Cotton Development Administration

CODDLER
 
See "Protector" (Rep. Act No. 9165, Comprehensive Dangerous Drugs Act of
2002, sec. 3(ee))
Any person who lends or provides protection, or receives benefits in any manner
in the operation of any illegal numbers game. (Rep. Act No. 9287 (2004), sec.
2(k))
CODE
 
See "Cipher"

CODICIL
 
A supplement or addition to a will,made after the execution of a will and annexed
to be taken as a part thereof, by which any disposition made in the original will is
explained, added to, or altered. (Rep. Act No. 386, Civil Code of the Philippines
(1949), as amended, art. 825)

COERCION
 
Synonymous to compulsion, constraint, a compelling by force or arms or
threat. (Favor v. Untalan, A.M. No. RTJ-08-2158, July 30, 2009, citing Black's
Law Dictionary Abridged Fifth Ed., p. 135)  ACIESH

Compulsion; force; duress. (People v. Ejercito, G.R. No. 229861, July 2, 2018,

citing Black's Law Dictionary)
The improper use of power to compel another to submit to the wishes of one who
wields it. (People v. Ejercito, G.R. No. 229861, July 2, 2018)

COERCIONS, GRAVE
 
See "Grave Coercions" (Act No. 3815, Revised Penal Code (1930), art. 286)

COERCIONS, LIGHT
 
See "Light Coercions" (Act No. 3815, Revised Penal Code (1930), art. 287)
COERCIONS, OTHER SIMILAR
 
See "Compulsory Purchase of Merchandise and Payment of Wages by
Means of Tokens" (Act No. 3815, Revised Penal Code (1930), art. 288)

COGITATIONIS POENAM NEMO EMERET

 
No man may be punished for what he thinks. (Soria v. Villegas, A.M. No. RTJ-
03-1812, November 18, 2004, citing Aquino, Revised Penal Code, Vol. 1, 1997
ed., p. 34)

COHABIT
 
First, to dwell with another in the same place; second, to live together as
husband and wife. (People v. Pitoc, G.R. No. 18513, September 18, 1922)  EDACSa

To dwell or live together as husband and wife; to live together as husband and
wife although not legally married; to live together in the same house, claiming to
be married; to live together at bed and board. (People v. Pitoc, G.R. No. 18513,
September 18, 1922, citing Corpus Juris, vol. 11, p. 950)
To dwell together, inhabit or reside in company, or in the same place or country.
Specifically, 'to dwell or live together as husband and wife,' often with reference
to persons not legally married, and usually, but not always, implying sexual
intercourse. (People v. Pitoc, G.R. No. 18513, September 18, 1922, citing Cox v.
State, 23 South., 806; 117 Ala., 41 L. R. A., 760; 67 Am. St. Rep., 166)

COHABITATION
 
Living together as husband and wife. It means not only residing under one roof,
but also having repeated sexual intercourse. Cohabitation, of course, means
more than sexual intercourse, especially when one of the parties is already old
and may no longer be interested in sex. At the very least, cohabitation is the
public assumption by a man and a woman of the marital relation, and dwelling
together as man and wife, thereby holding themselves out to the public as such.
Secret meetings or nights clandestinely spent together, even if often repeated, do
not constitute such kind of cohabitation; they are merely meretricious. (Arcaba v.
Vda. de Batocael, G.R. No. 146683, November 22, 2001, citing Bitangcor v. Tan,
A.C. No. 528-SBC, February 25, 1982 and 52 Am Jur 2d §50)

COLLABORATION
 
The act of working together in a joint project. (Kilosbayan, Inc. v. Guingona,
Jr., G.R. No. 113375, May 5, 1994, citing Black's Law Dictionary, Sixth Ed., 261)

COLLATERAL ATTACK
 
An attack, made as an incident in another action, whose purpose is to obtain a
different relief. (Pacasum, Sr. v. Zamoranos, G.R. No. 193719, March 21, 2017)
An attempt to impeach the judgment or resolution by matters dehors the record,
before a tribunal other than the one in which it was rendered, in an action other
than that in which it was rendered; an attempt to avoid, defeat, or evade it, or
deny its force and effect, in some incidental proceeding not provided by law for
the express purpose of attacking it; any proceeding which is not instituted for the
express purpose of annulling, correcting, or modifying such decree; an objection,
incidentally raised in the course of the proceeding, which presents an issue
collateral to the issues made by the pleadings. (Roces v. House of
Representatives Electoral Tribunal, G.R. No. 167499, September 15, 2005, citing
50 C.J.S. Judgments § 505 (2005))

COLLATERAL ESTOPPEL
 
See "Conclusiveness of Judgment"

COLLATERAL FRAUD
 
See "Extrinsic Fraud"
COLLATERAL-FREE AGREEMENT
 
A financial arrangement wherein a loan is contracted by the debtor without the
conventional loan security of a real estate or chattel mortgage in favor of the
creditor. In lieu of these conventional securities, alternative arrangements to
secure the loans and ensure repayment are offered and accepted. (Rep. Act No.
8425, Social Reform and Poverty Alleviation Act (1998), sec. 3 (e))

COLLATERAL LINE
 
That constituted by the series of degrees among persons who are not
ascendants and descendants, but who come from a common ancestor. (Rep. Act
No. 386, Civil Code of the Philippines (1949), as amended, art. 964)

COLLATION
 
Every compulsory heir,who succeeds with other compulsory heirs, must bring
into the mass of the estate any property or right which he may have received
from the decedent,during the lifetime of the latter, by way of donation, or any
other gratuitous title, in order that it may be computed in the determination of the
legitime of each heir, and in the account of the partition.(Rep. Act No. 386, Civil
Code of the Philippines (1949), as amended, art. 1061)  HSATIC

The act by virtue of which descendants or other forced heirs who intervene in the
division of the inheritance of an ascendant bring into the common mass, the
property which they received from him, so that the division may be made
according to law and the will of the testator. Collation is only required of
compulsory heirs succeeding with other compulsory heirs and involves property
or rights received by donation or gratuitous title during the lifetime of the
decedent. The purpose is to attain equality among the compulsory heirs in so far
as possible for it is presumed that the intention of the testator or predecessor in
interest in making a donation or gratuitous transfer to a forced heir is to give him
something in advance on account of his share in the estate, and that the
predecessor's will is to treat all his heirs equally, in the absence of any
expression to the contrary. Collation does not impose any lien on the property or
the subject matter of collationable donation. What is brought to collation is not the
property donated itself, but rather the value of such property at the time it was
donated, the rationale being that the donation is a real alienation which conveys
ownership upon its acceptance, hence any increase in value or any deterioration
or loss thereof is for the account of the heir or donee. (Vizconde v. Court of
Appeals, G.R. No. 118449, February 11, 1998)

COLLATIVE CHAPLAINCY
 
That instituted with the intervention of the ecclesiastical authority and requires a
title of ordination. It is called ecclesiastical because it is in the form of
ecclesiastical benefice, and it is proper for the Bishop to confer it. When the
foundation calls for relatives of the founder or of the persons whom he
designated as trunk, to enjoy the chaplaincy, the latter is called colativa familiar;
when individuals of a certain family are not called to the possession but the
patron is authorized to appoint, then the chaplaincy is called colativa
simple or gentilicia. (Gonzalez v. Roman Catholic Archbishop of Manila, G.R. No.
27619, February 4, 1928, citing Alcubilla, Diccionario dela Administracion (1886),
Vol. 2, p. 118)

COLLECTION
 
The act of removing solid waste from the source or from a communal storage
point (Rep. Act No. 9003, Ecological Solid Waste Management Act of 2000, sec.
2(e))

COLLECTION OR COLLECTING
 
The act of gathering or harvesting wildlife, its by-products or derivatives. (Rep.
Act No. 9147, Wildlife Resources Conservation and Protection Act (2001), sec.
5(d))

COLLECTIVE
 
Indicating a number of persons or things considered as constituting one group or
aggregate. (Hacienda Luisita, Inc. v. Presidential Agrarian Reform Council, G.R.
No. 171101, July 5, 2011, citing Webster's Third New International Dictionary
Unabridged 444-445 (1993))

COLLECTIVE BARGAINING
 
Negotiations towards a collective agreement. (Kiok Loy v. National Labor
Relations Commission, G.R. No. L-54334, January 22, 1986, citing Pampanga
Bus Co. v. Pambusco Employees, G.R. No. 46739, September 23, 1939, 68
Phil. 541)

COLLECTIVE BARGAINING AGREEMENT

 
The contract between a legitimate labor union and
the employer concerning wages, hours of work, and all other terms and
conditions of employment in a bargaining unit. (DOLE Department Order No. 40-
03, February 17, 2003)

COLLECTIVE BARGAINING DEADLOCK

 
The situation between the labor and the management of the company where
there is failure in the collective bargaining negotiations resulting in a
"stalemate." (San Miguel Corp. v. National Labor Relations Commission, G.R.
No. 99266, March 2, 1999, citing Tayag & P. F. Jardiniano, Dictionary of
Philippine Labor Terms, p. 36)

COLLECTIVE MARK
 
Any visible sign designated as such in the application for registration and capable
of distinguishing the origin or any other common characteristic, including the
quality of goods or services of different enterprises which use the sign under the
control of the registered owner of the collective mark. (Rep. Act No.
8293, Intellectual Property Code of the Philippines (1998), sec. 121.2)
COLLECTIVE WORK
 
A work which has been created by two (2) or more natural persons at the
initiative and under the direction of another with the understanding that it will be
disclosed by the latter under his own name and that contributing natural persons
will not be identified. (Rep. Act No. 8293, Intellectual Property Code of the
Philippines (1998), sec. 171.2)

COLLECTIVELY
 
In a collective sense or manner; in a mass or body. (Hacienda Luisita, Inc. v.
Presidential Agrarian Reform Council, G.R. No. 171101, July 5, 2011, citing
Webster's Third New International Dictionary Unabridged 444-445 (1993))

COLLECTOR
 
Any person or institution who acquires cultural properties and National Cultural
Treasures for purposes other than sale. (Rep. Act No. 4846, Cultural Properties
Preservation and Protection Act (1966), sec. 3(l), as amended by Pres. Decree
No. 374 (1974), sec. 1)  ICASEH

Any person who or institution that acquires cultural properties for purposes other
than sale. (Rep. Act No. 10066, National Cultural Heritage Act of 2009, sec. 3(g))

COLLEGE ATHLETIC PROGRAM

 
College or university athletic programs, league competitions, amateur sports, and
other sports activities, including training for international competitions, organized
by the higher education institution or participated in by a team of students
representing a college or university. (Rep. Act No. 11180, Athletic Programs
Report Act (2019), sec. 3 (a)) 

COLLEGE DEAN
 
The senior officer responsible for the operation of an academic program, the
enforcement of rules and regulations, and the supervision of faculty and student
services. (AMA Computer College v. Austria, G.R. No. 164078, November 23,
2007, citing Manual of Regulations for Private Schools Annotated, Ulpiano P.
Sarmiento III, Esq., First Edition, 1995, p. 164) 

COLLEGIAL
 
Relating to a collegium or group of colleagues. In a collegial court, the members
act on the basis of consensus or majority rule. (Jamsani-Rodriguez v. Ong, A.M.
No. 08-19-SB-J, August 24, 2010)

COLLEGIUM
 
An executive body with each member having approximately equal power and
authority. (Payumo v. Sandiganbayan, G.R. Nos. 151911 & 154535, July 25,
2011, cited Webster's Third New World International Dictionary, 445 (1993))

COLLUSION
 
Implies a secret understanding whereby one party plays into another's hands for
fraudulent purposes. It may take place between and every contractor resulting in
no competition, in which case, the government may declare a failure of bidding.
Collusion may also ensue between contractors and the chairman and members
of the PBAC to simulate or rig the bidding process, thus insuring the award to a
favored bidder, to the prejudice of the government agency and public service. For
such acts of the chairman and the members of the PBAC, they may be held
administratively liable for conduct grossly prejudicial to the best interest of the
government service. Collusion by and among the members of the PBAC and/or
contractors submitting their bids may be determined from their collective acts or
omissions before, during and after the bidding process. The complainants are
burdened to prove such collusion by clear and convincing evidence because if so
proved, the responsible officials may be dismissed from the government service
or meted severe administrative sanctions for dishonesty and conduct prejudicial
to the government service. (Caugma v. People, G.R. No. 167048, April 7, 2006,
citing Desierto v. Ocampo, G.R. No. 155419, March 4, 2005)
In matrimonial cases, it is the act of married persons in procuring a divorce by
mutual consent, whether by preconcerted commission by one of a matrimonial
offense, or by failure, in pursuance of agreement, to defend divorce
proceedings. (Brown v. Yambao, G.R. No. L-10699, October 18, 1957, citing
Cyclopaedic Law Dictionary)  cADSCT

Collusion in divorce or legal separation means the agreement between husband

and wife for one of them to commit, or to appear to commit, or to be represented
in court as having committed, a matrimonial offense, or to suppress evidence of a
valid defense, for the purpose of enabling the other to obtain a divorce. This
agreement, if not express, may be implied from the acts of the parties. It is a
ground for denying the divorce. (De Ocampo v. Florenciano, G.R. No. L-13553,
February 23, 1960, citing Griffiths v. Griffiths, 69 N. J. Eq. 689 60 Atl. 1099;
Sandoz v. Sandoz, 107 Ore. 282, 214 Pas. 590)

COLOR OF AUTHORITY
 
That derived from an election or appointment, however irregular or informal, so
that the incumbent is not a mere volunteer. (Civil Service Commission v.
Joson, G.R. No. 154674, May 27, 2004)

COLORABLE IMITATION
 
Such similarity in form, content, words, sound, meaning, special arrangement or
general appearance of the trademark or tradename in their overall presentation
or in their essential and substantive and distinctive parts as would likely mislead
or confuse persons in the ordinary course of purchasing the genuine
article. (Mighty Corp., v. E. & J. Gallo Winery, G.R. No. 154342, July 14, 2004,
citing Ruben Agpalo, Trademark Law and Practice in the Philippines [1990], p.
41)
Denotes such a close or ingenious imitation as to be calculated to deceive
ordinary persons, or such a resemblance to the original as to deceive an ordinary
purchaser giving such attention as a purchaser usually gives, as to cause him to
purchase the one supposing it to be the other. (Societe des Produits Nestle v.
Court of Appeals, G.R. No. 112012, April 4, 2001, citing Etepha v. Director of
Patents, G.R. No. L-20635, March 31, 1966)
COLORUM VEHICLE
 
A private vehicle operated for public utility purposes without the benefit of a valid
and existing special permit, provisional authority or franchise. (L.O.I. No.
1482, Legalization of "Colorum" Motorized Tricyles (1985), sec. 3(3))
See also "Kabit System"

COMADRE
 
A female fellow sponsor in a baptismal ceremony. (People v. Simbulan, G.R. No.
L-50476, September 30, 1983)

COMADRONA
 
See "Hilot"

COMANDITARIOS
 
Spanish for "unofficial partners". (Figueras v. Rocha and Co., G.R. No. 4394,
April 19, 1909, 13 Phil. 504)

COMBINATION
 
The result or product of combining; the act or process of combining. To combine
is to bring into such close relationship as to obscure individual
characters. (Estrada v. Sandiganbayan, G.R. No. 148560, November 19, 2001,
citing Webster's New Collegiate Dictionary)
COMBINATION IN RESTRAINT OF TRADE
 
An agreement or understanding between two or more persons, in the form of a
contract, trust, pool, holding company, or other form of association, for the
purpose of unduly restricting competition, monopolizing trade and commerce in a
certain commodity, controlling its production, distribution and price, or otherwise
interfering with freedom of trade without statutory authority. Combination in
restraint of trade refers to the means while monopoly refers to the end. (Tatad v.
Secretary of the Department of Energy, G.R. Nos. 124360 & 127867, November
5, 1997, citing Black's Law Dictionary, 6th edition, p. 266 and 54 Am Jur 2d 669)
Where two or three or a few companies act in concert to control market prices
and resultant profits, the monopoly is called an oligopoly or cartel. It is a
combination in restraint of trade. (Garcia v. Corona, G.R. No. 132451, December
17, 1999, citing American Tobacco Co. v. United States, 328 U.S. 781; 90 L. Ed.
1575)

COMBUSTIBLE LIQUID
 
Any liquid having a flash point at or above 37.8ºC (100ºF). (Rep. Act No.
9514, Fire Code of the Philippines of 2008, sec. 3)

COMELEC
 
Commission on Elections

COMITY
 
The recognition which one nation allows within its territory to the legislative,
executive, or judicial acts of another nation, having due regard both to
international duty and convenience, and to the rights of its own citizens or of
other persons who are under the protection of its laws. (Sison v. Board of
Accountancy, G.R. No. L-2529, December 31, 1949, citing Hilton v. Guyot, 159
U.S., 113, 40 Law. ed., 95; 16 S. Ct., 13)
COMMENT
 
A remark, observation, or criticism; gossip, discourse, talk; a note or observation
intended to explain, illustrate or criticize the meaning of a writing, book, etc.
Explanation, annotation, exposition. (United States v. Dorr, G.R. No. 1049, May
16, 1903, citing Webster's Dictionary)

COMMERCE
 
The sale, lease, exchange, traffic or distribution of goods, commodities,
productions, services or property, tangible or intangible. (Rep. Act No.
7394, Consumer Act of the Philippines (1992), art. 4(m))

COMMERCIAL ARBITRATION
 
An arbitration that covers matter arising from all relationships of a commercial
nature, whether contractual or not. (Rep. Act No. 9285, Alternative Dispute
Resolution Act of 2004, sec. 3(g))

COMMERCIAL BLOOD BANK

 
A blood bank that exists for profit. (Rep. Act No. 7719, National Blood Services
Act of 1994, sec. 3(c)) 

COMMERCIAL FARMS
 
Private agricultural lands devoted to saltbeds, fruit farms, orchards, vegetables
and cut-flower farms, cacao, coffee and rubber plantations. (Department of
Agrarian Reform v. Sarangani Agricultural Co., Inc., G.R. No. 165547, January
24, 2007, citing Rep. Act No. 6657 (1988), sec. 11)

COMMERCIAL FISHING
 
The taking of fishery species by passive or active gear for trade, business & profit
beyond subsistence or sports fishing, to be further classified as: (1) Small scale
commercial fishing — fishing with passive or active gear utilizing fishing vessels
of 3.1 gross tons (GT) up to twenty (20) GT; (2) Medium scale commercial fishing
— fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty
(150) GT; and (3) Large commercial fishing — fishing utilizing active gears and
vessels of more than one hundred fifty (150) GT. ((Rep. Act No. 8550, Philippine
Fisheries Code of 1998, sec. 4(10))

COMMERCIAL LISTS
 
Evidence of statements of matters of interest to persons engaged in an
occupation contained in a list, register, periodical, or other published compilation
is admissible as tending to prove the truth of any relevant matter so stated if that
compilation is published for use by persons engaged in that occupation and is
generally used and relied upon by them therein. (Rules on Evidence (1997), rule
130, sec. 45)

COMMERCIAL SCALE
 
A scheme of producing a minimum harvest per hectare per year of milkfish or
other species including those raised in pens, cages, and tanks to be determined
by the Department of Agriculture in consultation with the concerned
sectors (Rep. Act No. 8550, Philippine Fisheries Code of 1998, sec. 4(11))

COMMERCIALIZATION
 
A process of introducing a new agricultural and fishery technology either as
product, process or service that has undergone the intensive innovative activities
of assessment, promotion and transfer for economic benefit. (Rep. Act No.
10068, Organic Agriculture Act of 2010, sec. 3(g))
The process of deriving income or profit from a technology, such as the creation
of a spin-off company, or through licensing, or the sale of the technology
and/or IPRs. (Rep. Act No. 10055, Philippine Technology Transfer Act of 2009,
sec. 4(p))

COMMISSION
 
A board or committee officially appointed and empowered to perform certain acts
or exercise certain jurisdiction of a public nature or relation. (Ifurung v. Carpio-
Morales, G.R. No. 232131, April 24, 2018, citing Black's Law Dictionary, Sixth
Ed., p. 272)
The recompense, compensation, reward of an employee, agent, salesman,
executor, trustee, receiver, factor, broker or bailee, when the same is calculated
as a percentage on the amount of his transactions or on the profit of the
principal. (Philippine Agricultural Commercial and Industrial Workers Union v.
National Labor Relations Commission, G.R. No. 107994, August 14, 1995, citing
Black's Law Dictionary, 5th Ed.)
Doing or preparation; the performance of an act. (Torres v. Gonzales, G.R. No.
76872, July 23, 1987)
A percentage or allowance made to a factor or agent for transacting business for
another. (Arms Taxi v. National Labor Relations Commission, G.R. Nos. 104523
& 104526, March 8, 1993, citing Moreno's Philippine Law Dictionary, 3rd Ed., p.
852) ACcHIa

Refers to the grant of authority to perform notarial acts and to the written
evidence of the authority. (2004 Rules on Notarial Practice, A.M. No. 02-8-13-
SC, July 6, 2004, sec. 3, rule II)

COMMISSION MERCHANT
 
One engaged in the purchase or sale for another of personal property which, for
this purpose, is placed in his possession and at his disposal. He maintains a
relation not only with his principal and the purchasers or vendors, but also with
the property which is subject matter of the transaction. (Schmid & Oberly, Inc. v.
RJL Martinez Fishing Corp., G.R. No. 75198, October 18, 1988, citing Pacific
Commercial Co. v. Yatco, G.R. No. 45976, July 20, 1939, 68 Phil. 398, 401)
One who buys and sells in his own name without having to disclose his
"principal," for which purpose, the goods are placed in his possession and at his
disposal. (Nichimen Corp. v. Court of Appeals, G.R. No. 139674, March 6, 2002,
citing 7-A Words and Phrases, Perm. Ed., p. 571)

COMMISSIONING OF THE SHIP

 
The ceremony mandating the beginning of active service of the ship or beginning
of the ship's active service, which may refer to the date of launching, if available,
or year built. (Rules and Regulations Implementing Rep. Act No. 9295, Domestic
Shipping Development Act of 2004, sec. 3)

COMMIT
 
Connotes a pledge to do something. (Spouses Vazquez v. Ayala Corp., G.R. No.
149734, November 19, 2004, citing Black's Law Dictionary, Sixth Edition, p. 273)

COMMITMENT
 
The warrant or order by which a court or magistrate directs a ministerial officer to
take a person to prison; the act of sending a person to prison by means of such a
warrant or order. (Manigbas v. Luna, G.R. No. L-8455, February 27, 1956, citing
Vol. I, Bouvier's Law Dictionary, p. 550)

COMMITMENT OR SURRENDER OF A CHILD

 
The legal act of entrusting a child to the care of the Department (of Social
Welfare and Development) or any duly licensed child-placement or child-caring
agency or individual by a court, parent or guardian or any interested party. (Rule
on Commitment of Children, A.M. No. 02-1-19-SC, February 28, 2002, sec.
3(m)) 

COMMODATUM
 
Exists when one of the parties delivers to another something not consumable so
that the latter may use the same for a certain time and return it. (Pajuyo v. Court
of Appeals, G.R. No. 146364, June 3, 2004, citing Rep. Act No. 386, Civil Code
of the Philippines (1949), as amended, art. 1933)
A contract of "rent" is a contract by which one of the parties delivers to the other
some nonconsumable thing, in order that the latter may use it during a certain
period and return it to the former. ..In the case of a contract of "rent," under the
civil law, it is called a "commodatum." (Tolentino v. Gonzalez Sy Chiam, G.R. No.
26085, August 12, 1927)

COMMODITY
 
Any farm, agricultural or horticultural product; animal and animal husbandry or
livestock, dairy or poultry product; water, marine or fish product; mineral,
chemical, drug or medicinal product; forestry product; and any raw, processed,
manufactured or finished product or by-product, good, article, or merchandise,
either of domestic or of foreign production or origin, which may be traded or dealt
in openly and legally. (Act No. 3893, General Bonded Warehouse Act (1931), as
amended, sec. 2)

COMMODITY CONTRACT
 
A commodity futures contract, an option on a commodity futures contract, a
commodity option, or another contract if the contract or option is: (1) traded on or
subject to the rules of a board of trade that has been designated as a contract
market for such a contract; or (2) traded on a foreign commodity board of trade,
exchange, or market, and is carried on the books of a commodity intermediary for
a commodity customer. (Rep. Act No. 11057, Personal Property Security Act
(2018), sec. 3 (a))

COMMODUM EX INJURIA SUA NON HABERE DEBET

 
No person ought to derive any advantage from his own wrong. (Rimbunan Hijau
Group of Companies v. Oriental Wood Processing Corp., G.R. No. 152228,
September 23, 2005, citing European Resources and Technologies, Inc. v.
Ingenieuburo Birkhahn + Nolte, Ingeniurgesellschaft mbh, G.R. No. 159586, July
26, 2004)

COMMON AREAS
 
Property owned or otherwise maintained, repaired or administered in whole or in
part by the association including, but not limited to, roads, parks, playgrounds
and open spaces as provided in Presidential Decree No. 1216. (Rep. Act No.
9904, Magna Carta for Homeowners and Homeowners' Associations (2010),
sec. 3(f))

COMMON CARRIERS
 
Persons, corporations, firms or associations engaged in the business of carrying
or transporting passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public. (Rep. Act No. 386, Civil Code
of the Philippines (1949), as amended, art. 1732)

COMMON EXPENSE
 
Costs incurred by the association to exercise any of the powers provided for in
this Act. (Rep. Act No. 9904, Magna Carta for Homeowners and Homeowners'
Associations (2010), sec. 3(g))

COMMON KNOWLEDGE
 
See "Matters of Judicial Notice" and "Things of Common Knowledge"

COMMON REPUTATION
 
Common reputation existing previous to the controversy, respecting facts of
public or general interest more than thirty years old, or respecting marriage or
moral character, may be given in evidence. Monuments and inscriptions in public
places may be received as evidence of common reputation. (Rules on Evidence
(1997), rule 130, sec. 41)

COMMON STOCK
 
Represents the residual ownership interest in the corporation. It is a basic class
of stock ordinarily and usually issued without extraordinary rights or privileges
and entitles the shareholder to a pro rata division of profits. (Commissioner of
Internal Revenue v. Court of Appeals, G.R. No. 108576, January 20, 1999, citing
Agbayani, Commercial Law, Vol. 3 (1979 ed.), p. 89)

COMMUNAL CLAIMS
 
Claims on land, resources and rights thereon, belonging to the whole community
within a defined territory. (Rep. Act No. 8371, Indigenous Peoples' Rights Act of
1997, sec. 3(e))

COMMUNAL IRRIGATION SYSTEM

 
An irrigation system that is managed by a bona fide Irrigators Association. (Rep.
Act No. 8435, Agriculture and Fisheries Modernization Act of 1997, sec. 4)

COMMUNICATION
 
Connotes the act of sharing or imparting, as in a conversation, or signifies the
process by which meanings or thoughts are shared between individuals through
a common system of symbols (as language signs or gestures). (Ramirez v. Court
of Appeals, G.R. No. 93833, September 28, 1995, citing Webster's Third New
International Dictionary 460 (1976)) 
cEDIAa

The transmission of information through ICT media, including voice, video and
other forms of data. (Rep. Act No. 10175, Cybercrime Prevention Act of 2012,
sec. 3(c))
COMMUNICATION DISORDER
 
The impairment in the ability to: (1) receive and/or process symbol systems; (2)
represent concepts in systems; or (3) transmit and use symbol systems. The
impairment may be observed in the disorders of hearing, language, and speech
processes. (Rep. Act No. 11249, Speech Language Pathology Act (2019), sec. 3
(a))

COMMUNICATION TO THE PUBLIC

 
Any communication to the public, including broadcasting, rebroadcasting,
retransmitting by cable, broadcasting and retransmitting by satellite, and includes
the making of a work available to the public by wire or wireless means in such a
way that members of the public may access these works from a place and time
individually chosen by them. (Rep. Act No. 8293, Intellectual Property Code of
the Philippines (1998), sec. 171.3, as amended by Rep. Act No. 10372 (2013))

COMMUNIST PARTY OF THE PHILIPPINES

 
The organizations now known as the Communist Party of the Philippines (CPP),
its military arm, the New People's Army (NPA), and its political arm, and any
successors of such organizations. (Rep. Act No. 1700 (1957), sec. 3, as
amended by Exec. Order No. 276 (1987), sec. 2)

COMMUNITY ADVISER
 
The adviser from within the community who helps the open learners harmonize
their studies with community service and leisure. (Rep. Act No. 10665, Open
High School System Act (2015), sec. 3 (a))

COMMUNITY-BASED DISASTER RISK REDUCTION AND MANAGEMENT

(CBDRRM)
 
A process of disaster risk reduction and management in which at risk
communities are actively engaged in the identification, analysis, treatment,
monitoring and evaluation of disaster risks in order to reduce their vulnerabilities
and enhance their capacities, and where the people are at the heart of decision-
making and implementation of disaster risk reduction and management
activities. (Rep. Act No. 10121, Philippine Disaster Risk Reduction and
Management Act of 2010, sec. 3(e)) 

COMMUNITY-BASED ECOTOURISM
 
A form of tourism where the local community and its residents have substantial
control and involvement in the development and management of the local
tourism industry and a greater portion of the economic gains remain within the
community; (Rep. Act No. 11365, Balanga Wetland and Nature Park
Responsible Ecotourism Act, (2019), sec. 4 (b))

COMMUNITY-BASED MONITORING SYSTEM (CBMS)

 
An organized technology-based system of collecting, processing and validating
necessary disaggregated data that may be used for planning, program
implementation and impact monitoring at the local level while empowering
communities to participate in the process. It involves the generation of data at the
local level which serves as basis in targeting households in the planning,
budgeting and implementation of government programs geared towards poverty
alleviation and economic development. This system merges the methodologies
used in data collection activities of all national agencies, geo-tagging, and the
CBMS implemented by local government units (LGUs). It entails a census of
households undertaken by the LGUs with the participation of the community
using accelerated poverty profiling system in the data collection, processing,
mapping and analysis of data. (Rep. Act No. 11315, Community-Based
Monitoring System Act (2019), sec. 3 (a) )

COMMUNITY-BASED PROGRAMS
 
The programs provided in a community setting developed for purposes of
intervention and diversion, as well as rehabilitation of the child in conflict with the
law, for reintegration into his/her family and/or community. (Rep. Act No.
9344, Juvenile Justice and Welfare Act of 2006, sec. 4 (f))

COMMUNITY-BASED RESEARCH
 
Studies undertaken in community settings, which involve community members in
the design and implementation of research projects. (Rep. Act No.
11166, Philippine HIV and AIDS Policy Act (2018), sec. 3 (e)) 

COMMUNITY-BASED TOURISM
 
A form of tourism where the local community and its residents have substantial
control over and involvement in the development and management of the local
tourism industry and a greater proportion of the economic gains remain within the
community. (Rep. Act No. 10866, Batanes Responsible Tourism Act (2016), sec.
4 (b))

COMMUNITY FIREWORKS DISPLAY

 
A display held using certain types of firecrackers conducted on the occasion or
as part of a celebration, competition or similar event held in a venue other than a
place of residence, under the supervision of a trained person duly licensed by the
PNP, and allowed by the municipality/city concerned through a permit specifying
the date and time of the fireworks display and the specific area in which the
display will be conducted, in conformity with national standards, rules and
regulations. (Implementing Rules and Regulations Governing the Administration
and Enforcement of EO No. 28, s. 2017 (2017), rule 1, sec. 2)

COMMUNITY INTELLECTUAL RIGHTS

 
A sui generis or unique set of rights which provides the legal basis for the
indigenous and local communities to control, protect, and regulate access to their
knowledge systems concerning plants and biological resources used in
traditional and alternative health care practices and includes the right to receive
benefits from its sustainable utilization as well as the commercialization of
products that may be derived from it. (Rules and Regulations Implementing the
Traditional and Alternative Medicine Act of 1997 (1999), sec. 1(10))

COMMUNITY MORTGAGE PROGRAM (CMP)

 
A mortgage financing program of the National Home Mortgage Finance
Corporation (NHMFC) which assists legally organized associations
of underprivileged and homeless citizens to purchase and develop a tract of
land under the concept of community ownership. The primary objective of the
program is to assist residents of blighted or depressed areas to own the lots they
occupy, or where they choose to relocate to, and eventually improve their
neighborhood and homes to the extent of their affordability. (Rep. Act No.
7279, Urban Development and Housing Act of 1992, sec. 31)

COMMUNITY PROPERTY
 
Unless otherwise provided in this Chapter (3 of the Family Code) or in the
marriage settlements, the community property shall consist of all the property
owned by the spouses at the time of the celebration of the marriage or acquired
thereafter. (Exec. Order No. 209, Family Code of the Philippines (1987), art. 91)

COMMUNITY SERVICE
 
Any service or activity that is performed for the benefit of the community or its
institutions in lieu of payment of fine imposed as administrative or criminal
penalty. (Rep. Act No. 8550, Philippine Fisheries Code of 1998, sec. 4 (12), as
amended by Rep. Act No. 10654 (2015))
 
The court in its discretion may, in lieu of service in jail, require that the penalties
of arresto menor and arresto mayor be served by the defendant by rendering
community service in the place where the crime was committed, under such
terms as the court shall determine, taking into consideration the gravity of the
offense and the circumstances of the case, which shall be under the supervision
of a probation officer. Community service shall consist of any actual physical
activity which inculcates civic consciousness, and is intended towards the
improvement of a public work or promotion of a public service. (Rep. Act No.
11362, Community Service Act (2019), sec. 3 )

COMMUNITY TAX
 
Every inhabitant of the Philippines eighteen (18) years of age or over who has
been regularly employed on a wage or salary basis for at least thirty (30)
consecutive working days during any calendar year, or who is engaged in
business or occupation, or who owns real property with an aggregate assessed
value of One thousand pesos (P1,000.00) or more, or who is required by law to
file an income tax return shall pay an annual additional tax of Five pesos (P5.00)
and an annual additional tax of One peso (P1.00) for every One thousand pesos
(P1,000.00) of income regardless of whether from business, exercise of
profession or from property which in no case shall exceed Five thousand pesos
(P5,000.00). (Rep. Act No. 7160, Local Government Code of 1991, as amended,
sec. 157))

COMMUNITY TAX CERTIFICATE

 
A community tax certificate shall be issued to every person or corporation upon
payment of the community tax. (Rep. Act No. 7160, Local Government Code of
1991, as amended, sec. 162)

COMMUTATION OF LEAVE CREDITS

 
Conversion to cash. (Arco Metal Products, Co., Inc. v. Samahan ng mga
Manggagawa sa Arco Metal-NAFLU, G.R. No. 170734, May 14, 2008)

COMMUTATION OF SENTENCE
 
The reduction of penalty imposed. (Llamas v. Orbos, G.R. No. 99031, October
15, 1991, citing Cabantag v. Wolfe, G.R. No. 3080, May 5, 1906, 6 Phil. 276)
A remission of a part of the punishment; a substitution of a less penalty for the
one originally imposed. (People v. Vera, G.R. No. 45685, November 16, 1937,
citing Lee v. Murphy, 22 Grat. [Va.], 789; 12 Am. Rep., 563; Rich v. Chamberlain,
107 Mich., 381; 65 N. W., 235)  DTaSIc

The reduction of the duration of a prison sentence of a prisoner. (Revised Rules

and Regulations of the Board of Pardons and Parole (2002), sec. 2(o))

COMPACT FARMERS
 
Farmers with adjoining farms operating as a single unit under one management,
farm plan and budget. (Rep. Act No. 10000, Agri-Agra Reform Credit Act of
2009, sec. 3(g))

COMPADRE
 
A male fellow sponsor in a baptismal ceremony. (People v. Simbulan, G.R. No.
L-50476, September 30, 1983)

COMPANY
 
Includes a troop battery or commissioned vessels. (Com. Act No. 408, Articles of
War (1938), as amended, art. 1(c))

COMPANY UNION
 
Any labor organization whose formation, function or administration has been
assisted by any act defined as unfair labor practice by the Labor Code of the
Philippines. (Pres. Decree No. 442, Labor Code of the Philippines (1974), as
amended, art. 212(i)) SAcCIH

Exists when the employer acts "[t]o initiate, dominate, assist or otherwise

interfere with the formation or administration of any labor organization, including
the giving of financial or other support to it or its organizers or
supporters." (Rivera v. Espiritu, G.R. No. 135547, January 23, 2002, citing Pres.
Decree No. 442, Labor Code of the Philippines (1974), art. 248(d))

COMPELLING STATE INTEREST TEST

 
A test applied where conduct is involved. For the whole gamut of human conduct
has different effects on the state's interests: some effects may be immediate and
short-term while others delayed and far-reaching. A test that would protect the
interests of the state in preventing a substantive evil, whether immediate or
delayed, is therefore necessary. However, not any interest of the state would
suffice to prevail over the right to religious freedom as this is a fundamental right
that enjoys a preferred position in the hierarchy of rights — "the most inalienable
and sacred of all human rights", in the words of Jefferson. This right is sacred for
an invocation of the Free Exercise Clause is an appeal to a higher sovereignty.
The entire constitutional order of limited government is premised upon an
acknowledgment of such higher sovereignty, thus the Filipinos implore the "aid of
Almighty God in order to build a just and humane society and establish a
government."...(O)nly the gravest abuses, endangering paramount interests can
limit this fundamental right. A mere balancing of interests which balances a right
with just a colorable state interest is therefore not appropriate. Instead, only a
compelling interest of the state can prevail over the fundamental right to
religious liberty. The test requires the state to carry a heavy burden, a
compelling one, for to do otherwise would allow the state to batter religion,
especially the less powerful ones until they are destroyed. In determining which
shall prevail between the state's interest and religious liberty, reasonableness
shall be the guide. The "compelling state interest" serves the purpose of revering
religious liberty while at the same time affording protection to the paramount
interests of the state. (Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006) 

COMPENDIOUS SUBSTITUTION
 
A type of substitution of an heir. (Testate Estate of Ramirez v. Vda. de
Ramirez, G.R. No. L-27952, February 15, 1982)

COMPENSABLE DISEASE
 
See "Compensable Sickness" (Rodriguez v. Employees' Compensation
Commission, G.R. No. L-46454, September 28, 1989) 

COMPENSABLE ILLNESS
 
See "Compensable Sickness"

COMPENSABLE INJURY
 
Any harmful change in the human organism from any accident arising out of and
in the course of the employment. (Hinoguin v. Employees' Compensation
Commission, G.R. No. 84307, April 17, 1989)

COMPENSABLE SICKNESS
 
Any illness definitely accepted as an occupational disease listed by the
(Employees' Compensation) Commission, or any illness caused by employment
subject to proof by the employee that the risk of contracting the same is
increased by the working conditions. (Government Service Insurance System v.
Ibarra, G.R. No. 172925, October 19, 2007, citing Pres. Decree No. 626 (1975))

COMPENSABLE TAKING
 
Exists when the following conditions concur: (1) the expropriator must enter
a private property; (2) the entry must be for more than a momentary period; (3)
the entry must be under warrant or color of legal authority; (4) the property must
be devoted to public use or otherwise informally appropriated or injuriously
affected; and (5) the utilization of the property for public use must be in such a
way as to oust the owner and deprive him of beneficial enjoyment of the
property. (Association of Small Landowners in the Philippines, Inc. v. Secretary
of Agrarian Reform, G.R. No. 78742, July 14, 1989, citing Republic v. Castellvi,
G.R. No. L-20620, August 15, 1974)
COMPENSACION
 
See "Compensation" and "Set-Off"

COMPENSATING TAX
 
A tax, the rationale for which is to place, for tax purposes, persons purchasing
from merchants in the Philippines on a more or less equal basis with those who
buy directly from foreign countries. (Commissioner of Internal Revenue v.
Philippine Long Distance Telephone, Co., G.R. No. 140230, December 15, 2005,
citing Panay Electric Co. v. Collector of Internal Revenue, G.R. No. L-6753, July
30, 1955, 97 Phil. 979)
Partakes of the nature of an excise tax payable by all persons who import
articles, whether in the course of business or not. The rationale for compensating
tax is to place, for tax purposes, persons purchasing from merchants in the
Philippines on a more or less equal basis with those who buy directly from
foreign countries. (Commissioner of Internal Revenue v. Philippine Long
Distance Telephone, Co., G.R. No. 140230, December 15, 2005, citing Panay
Electric Co. v. Collector of Internal Revenue, G.R. No. L-6753, July 30, 1955, 97
Phil. 979)

COMPENSATIO MORAE
 
Mutual fault or delay. (Hi-Precision Steel Center, Inc. v. Lim Kim Steel Builders,
Inc., G.R. No. 110434, December 13, 1993)
Fault on the part of both parties because neither has completed their part in their
reciprocal obligation. (Cortes v. Court of Appeals, G.R. No. 126083, July 12,
2006, citing Paras, Civil Code, Book IV, Fourteenth edition, p. 123) 

COMPENSATION
 
The basic pay or salary received by an employee, pursuant to his
election/appointment, excluding per diems, bonuses, overtime pay, honoraria,
allowances and any other emoluments received in addition to the basic pay
which are not integrated into the basic pay under existing laws. (Rep. Act No.
8291, Government Service Insurance Act of 1997, sec. 2(i))
For purposes of withholding tax, all remunerations paid for services performed by
an employee for his or her employer, whether paid in cash or in kind, unless
specifically excluded under Sections 32 (B) and 78 (A) of the 1997 National
Internal Revenue Code. The name designated to the remuneration for services is
immaterial. Thus, "salaries, wages, emoluments and honoraria, bonuses,
allowances (such as transportation, representation, entertainment, and the like),
[taxable] fringe benefits[,] pensions and retirement pay, and other income of a
similar nature constitute compensation income" that is taxable. (ING Bank N.V. v.
Commissioner of Internal Revenue, G.R. No. 167679, July 22, 2015, citing
Revenue Regulations No. 6-82, as amended, sec. 2)
When two persons, in their own right, are creditors and debtors of each
other. (Rep. Act No. 386, Civil Code of the Philippines (1949), as amended, art.
1278)
As a mode of extinguishing obligations, it is the offsetting of two obligations which
are reciprocally extinguished if they are of equal value or extinguished to the
concurrent amount if of different values. (Korea Exchange Bank v. Gonzales,
G.R. Nos. 142286-87, April 15, 2005, citing Rep. Act No. 386, Civil Code of the
Philippines (1949), as amended, art. 1231 (5))  DIAcTE

A term broad enough to include all forms of remuneration. (Malate Taxicab &

Garage, Inc. v. Court of Industrial Relations, G.R. No. L-8718, May 11, 1956)

COMPENSATORY DAMAGES
 
See "Actual Damages" (Rep. Act No. 386, Civil Code of the Philippines (1949),
as amended, art. 2199)

COMPENSATORY DONATION
 
See "Remuneratory Donation"

COMPETENCE
 
The quality or state of being functionally adequate or having sufficient
knowledge, judgment, skill, or strength. (In re Runes-Tamang, A.M. No. MTJ-04-
1558, April 7, 2010, citing Webster's Third New International Dictionary)

COMPETENCE-COMPETENCE PRINCIPLE
 
The arbitral tribunal shall be accorded the first opportunity or competence to rule
on the issue of whether or not it has the competence or jurisdiction to decide a
dispute submitted to it for decision, including any objection with respect to the
existence or validity of the arbitration agreement. When a court is asked to rule
upon issue/s affecting the competence or jurisdiction of an arbitral tribunal in a
dispute brought before it, either before or after the arbitral tribunal is constituted,
the court must exercise judicial restraint and defer to the competence or
jurisdiction of the arbitral tribunal by allowing the arbitral tribunal the first
opportunity to rule upon such issues. (Luzon Iron Development Group Corp. v.
Bridestone Mining and Development Corp., G.R. No. 220546, December 7,
2016, citing Special Rules of Court on Alternative Dispute Resolution, A.M. No.
07-11-08-SC, September 1, 2009, rule 2.4)

COMPETENCIES
 
The standard knowledge, skills, attitudes, and values required to complete work
activities in a particular job, trade, or occupation. (Rep. Act No. 11230, Tulong-
Trabaho Act (2019), sec. 4 (a))

COMPETENCIES-BASED LEARNING SYSTEM

 
A system by which the learner is trained on the basis of demonstrated
ability. (Rep. No. 11230, Tulong-Trabaho Act (2019), sec. 4 (b))

COMPETENCY STANDARDS
 
Industry-determined specification of proficiency required for effective work
performance. These are expressed as outcomes with focus on workplace activity
rather than training or personal attributes, and the ability to apply new skills in
new situations or changing work organization. (Rep. Act No. 11058 (2018), sec.
3 (b))

COMPETENT
 
To be a "competent" person to receive the summons means that he should be
"duly qualified" and "having sufficient capacity, ability or authority." (Sandoval II
v. House of Representatives Electoral Tribunal, G.R. No. 149380, July 3, 2002,
citing Black's Law Dictionary (1991), p. 284)
Possessed of or characterized by marked or sufficient aptitude, skill, strength, or
knowledge. (In re Runes-Tamang, A.M. No. MTJ-04-1558, April 7, 2010, citing
Webster's Third New International Dictionary)

COMPETENT EVIDENCE
 
"Generally admissible" evidence. (People v. Valdez, G.R. No. 129296,
September 25, 2000, citing Black's Law Dictionary (6th Ed. 1991) 284)

COMPETENT EVIDENCE OF IDENTITY

 
The identification of an individual based on: (a) at least one current identification
document issued by an official agency bearing the photograph and signature of
the individual, such as but not limited to, passport, driver's license, Professional
Regulations Commission ID, National Bureau of Investigation clearance, police
clearance, postal ID, voter's ID, Barangay certification, Government Service and
Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth
card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman's book, alien certificate of registration/immigrant certificate of
registration, government office ID, certification from the National Council for the
Welfare of Disabled Persons (NCWDP), Department of Social Welfare and
Development (DSWD) certification; or; or (b) the oath or affirmation of one
credible witness not privy to the instrument, document or transaction who is
personally known to the notary public and who personally knows the individual,
or of two credible witnesses neither of whom is privy to the instrument, document
or transaction who each personally knows the individual and shows to the notary
public documentary identification. (Orbe v. Filinvest Land, Inc., G.R. No. 208185,
September 6, 2017, citing A.M. No. 02-8-13-SC, sec. 12, rule II)

COMPETENT WITNESS
 
A person who can perceive and is capable of making known her perception to
others. (People v. Jackson, G.R. No. 131842, June 10, 2003, citing People v.
Baid, G.R. No. 129667, July 31, 2000)

COMPETITION
 
Implies a struggle for advantage between two or more forces, each possessing,
in substantially similar if not identical degree, certain characteristics essential to
the business sought. It means an independent endeavor of two or more persons
to obtain the business patronage of a third by offering more advantageous terms
as an inducement to secure trade. (Gokongwei, Jr. v. Securities and Exchange
Commission, G.R. No. L-45911, April 11, 1979)
The act or action of seeking to gain what another is seeking to gain at the same
time and usually under or as if under fair or equitable rules and
circumstances. (DOJ Opinion No. 052, s. 2008, Webster's Third New
International Dictionary (Unabridged), 464 (1993))

COMPETITIVE ADVANTAGE
 
Competitive edge in terms of product quality and/or price. It likewise refers to the
ability to produce a product with the greatest relative efficiency in the use of
resources. (Rep. Act No. 8435, Agriculture and Fisheries Modernization Act of
1997, sec. 4)

COMPETITIVE BIDDING
 
A method of procurement which is open to participation by any interested party
and which consists of the following processes: advertisement, pre-bid
conference, eligibility screening of prospective bidders, receipt and opening of
bids, evaluation of bids, post-qualification, and award of contract, the specific
requirements and mechanics of which shall be defined in the IRR to be
promulgated under this Act. (Rep. Act No. 9184, Government Procurement
Reform Act (2003), sec. 5(e))

COMPLAINT
 
The pleading alleging the plaintiff's cause or causes of action. The names and
residences of the plaintiff and defendant must be stated in the complaint. (1997
Rules of Civil Procedure, sec. 3, rule 6)
A sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer or other public officer charged with the
enforcement of the law violated. (Revised Rules on Criminal Procedure, A.M. No.
00-5-03-SC, October 3, 2000, sec. 3, rule 110)

COMPLAINT FILED BY THE OFFENDED PARTY

 
As used in Section 5, Rule 110, should be given a liberal or loose interpretation
meaning a charge, allegation, grievance, accusation or denunciation. (People v.
Barrientos, G.R. No. 119835, January 28, 1998, citing West's Legal Thesaurus
Dictionary, p. 158)

COMPLEMENTATION INDUSTRY
 
That sector responsible for the production or manufacture of articles which
complement, supplement or form part of a separate or incomplete article or sub-
assembly to make it whole or complete and/or to replace missing or defective
parts of tools, implements, equipment or assemblies including the manufacture or
fabrication of component parts, machine parts, car parts, electronics and radio
parts, watch components and others. (Pres. Decree No. 1788, Cottage
Industries Development Decree of 1981, sec. 10(g))
COMPLETENESS OF SERVICE
 
Personal service is complete upon actual delivery. Service by ordinary mail is
complete upon the expiration of ten (10) days after mailing, unless the court
otherwise provides. Service by registered mail is complete upon actual receipt
by the addressee, or after five (5) days from the date he received the first notice
of the postmaster, whichever date is earlier. (1997 Rules of Civil Procedure, sec.
10, rule 13)

COMPLEX CRIME
 
Exists when a single act constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the other. (Act No.
3815, Revised Penal Code (1930), art. 48)  TCEaDI

In a complex crime, two or more crimes are actually committed, however, in the
eyes of the law and in the conscience of the offender they constitute only one
crime, thus, only one penalty is imposed. There are two kinds of complex crime.
The first is known as a compound crime, or when a single act constitutes two or
more grave or less grave felonies while the other is known as a complex crime
proper, or when an offense is a necessary means for committing the
other. (People v. Jugueta, G.R. No. 202124, April 5, 2016, citing People v.
Nelmida, G.R. No. 184500, September 11, 2012, 694 Phil. 529, 581)

COMPLEX EMERGENCY
 
A form of human-induced emergency in which the cause of the emergency as
well as the assistance to the afflicted is complicated by intense level of political
considerations. (Rep. Act No. 10121, Philippine Disaster Risk Reduction and
Management Act of 2010, sec. 3(f))

COMPLEX TRANSACTIONS
 
Requests or applications submitted by clients of a government office which
necessitate the use of discretion in the resolution of complicated issues by an
officer or employee of said government office, such transaction to be determined
by the office concerned. (Rep. Act No. 9485, Anti-Red Tape Act of 2007, sec.
4(b))

COMPLIANCE VERIFICATION
 
The checking and monitoring undertaken to ensure that the qualified household-
beneficiaries comply with conditions for entitlement set forth by the Pantawid
Pamilyang Pilipino Program (4Ps). (Rep. Act No. 11310, Pantawid Pamilyang
Pilipino Program (4Ps) Act (2019), sec. 3 (c))

COMPLIMENTARY LIST
 
A list of alternative drugs used when there is no response to the core essential
drug or when there is a hypersensitivity reaction to the core essential drug or
when, for one reason or another, the core essential drug cannot be given. (Rep.
Act No. 6675, Generics Act of 1988, as amended, sec. 3(9))

COMPOSICION CON EL ESTADO

 
Spanish for "adjustment title". (Collado v. Court of Appeals, G.R. No. 107764,
October 4, 2002)

COMPOSITE CRIME
 
Also known as a special complex crime, is composed of two or more crimes that
the law treats as a single indivisible and unique offense for being the product of a
single criminal impulse. It is a specific crime with a specific penalty provided by
law, and differs from a compound or complex crime under Article 48 of
the Revised Penal Code. (People v. Villaflores, G.R. No. 184926, April 11, 2012)
COMPOSTING
 
The controlled decomposition of organic matter by micro-organisms, mainly
bacteria and fungi, into a humus-like product. (Rep. Act No. 9003, Ecological
Solid Waste Management Act of 2000, sec. 2(f))

COMPOUND CRIME
 
A specie of complex crime wherein a single act produces two or more grave or
less grave felonies. (People v. Tabaco, G.R. Nos. 100382-85, March 19, 1997)

COMPOUNDING
 
The sum of processes performed by a pharmacist in drug preparation including
the calculations, mixing, assembling, packaging, or labeling of a drug: (i) as the
result of a prescription or drug order by a physician, dentist, or veterinarian; or (ii)
for the purpose of, or in relation to, research, teaching, or chemical
analysis. (Rep. Act No. 10918, Philippine Pharmacy Act (2016), sec. 5 (g))

COMPREHENSIVE EMERGENCY OBSTETRIC AND NEWBORN CARE

(CEMONC)
 
Lifesaving services for emergency maternal and newborn
conditions/complications as in Basic Emergency Obstetric and Newborn Care
plus the provision of surgical delivery (caesarian section) and blood bank
services, and other highly specialized obstetric interventions. It also includes
emergency neonatal care which includes at the minimum: newborn resuscitation,
treatment of neonatal sepsis infection, oxygen support, and antenatal
administration of (maternal) steroids for threatened premature delivery. (Rep. Act
No. 10354, The Responsible Parenthood and Reproductive Health Act of 2012,
sec. 4 (d))

COMPREHENSIVE LAND USE PLAN (CLUP)

 
The document, formulated by the local government in consultation with its
stakeholders, that defines or provides guidelines on the allocation, utilization,
development and management of all lands within a given territory or jurisdiction
according to the inherent qualities of the land itself and supportive economic,
demographic, socio-cultural and environmental objectives. (Rep. Act No.
11201, Department of Human Settlements and Urban Development Act (2019),
sec. 3 (b))

COMPREHENSIVE NEWBORN SCREENING SYSTEM

 
A newborn screening that includes, but is not limited to education of relevant
stakeholders; collection and biochemical screening of blood samples taken from
newborns; tracking and confirmatory testing to ensure the accuracy of screening
result; clinical evaluation and biochemical confirmation of test; drugs and
medical/surgical management and dietary supplementation to address the
heritable conditions; and evaluations activities to assess long term outcome,
patient compliance and quality assurance. (Rep. Act No. 9288, Newborn
Screening System Act of 2004, sec. 4(1))

COMPREHENSIVE PROGRAM AGAINST CHILD ABUSE, EXPLOITATION

AND DISCRIMINATION
 
The coordinated program of services and facilities to protect children against: (1)
Child prostitution and other sexual abuse; (2) Child trafficking;
(3) Obscene publications and indecent shows; (4) Other acts of abuse; and (5)
Circumstances which threaten or endanger the survival and normal development
of children. (Rep. Act No. 7610, Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act (1992), sec. 3(d))

COMPROMISE
 
A contract whereby the parties, by making reciprocal concessions, avoid a
litigation or put an end to one already commenced. (Asia's Emerging Dragon
Corp. v. Department of Transportation and Communications, G.R. Nos. 169914
& 174166, citing Rep. Act No. 386, Civil Code of the Philippines (1949), as
amended, art. 2028)
COMPROMISE AGREEMENT
 
A form of amicable settlement that is not only allowed but also encouraged in civil
cases. (Harold v. Aliba, G.R. No. 130864, October 2, 2007, citing Sanchez v.
Court of Appeals, G.R. No. 108947, September 29, 1997)
A contract whereby the parties make reciprocal concessions in order to resolve
their differences and thus avoid or put an end to a lawsuit. (Hapitan v. Spouses
Lagradilla, G.R. No. 170004, January 13, 2016)
To have the force of law between the parties, a compromise agreement must
comply with the requisites and principles of contracts. Thus, it must have the
following elements: 1) the consent of the parties to the compromise; 2) an object
certain that is the subject matter of the compromise; and 3) the cause of the
obligation that is established. (Hapitan v. Spouses Lagradilla, G.R. No. 170004,
January 13, 2016)

COMPTROLLER
 
An officer of a business, charged with certain duties in relation to the fiscal affairs
of the same, principally to examine and audit the accounts, to keep records, and
report the financial situation from time to time. (Sy Chim v. Sy Siy Ho & Sons,
Inc., G.R. No. 164958, January 27, 2006, citing Black's Law Dictionary)

COMPULSORY
 
Involuntary or forced, in contradistinction to voluntary. (Dissenting Opinion of J.
Romero in Cena v. Civil Service Commission, G.R. No. 97419, July 3, 1992,
citing 8 Words and Phrases 465)

COMPULSORY ARBITRATION
 
The process of settlement of labor disputes by a government agency which has
the authority to investigate and to make an award which is binding on all the
parties, and as a mode of arbitration where the parties are compelled to accept
the resolution of their dispute through arbitration by a third party. (Benguet Corp.
v. Department of Environment and Natural Resources, G.R. No. 163101,
February 13, 2008, citing Ludo and LuYm Corp. v. Saornido, G.R. No. 140960,
January 20, 2003)  TCIDSa

When the law declares the dispute subject to arbitration, regardless of the
consent or desire of the parties. (Vivero v. Court of Appeals, G.R. No. 138938,
October 24, 2000, citing II Azucena, The Labor Code with Comments and Cases
277 [1993])
A system whereby the parties to a dispute are compelled by the government to
forego their right to strike and are compelled to accept the resolution of their
dispute through arbitration by a third party. (Luzon Development Bank v.
Association of Luzon Development Bank Employees, G.R. No. 120319, October
6, 1995, citing Seide, A Dictionary of Arbitration [1970])

COMPULSORY COUNTERCLAIM
 
One which, being cognizable by the regular courts of justice, 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. Such
a counterclaim must be within the jurisdiction of the court both as to the amount
and the nature thereof, except that in original action before the Regional Trial
Court, the counterclaim may be considered compulsory regardless of the
amount. (1997 Rules of Civil Procedure, sec. 7, rule 6)
One which at the time of suit arises out of, or is necessarily connected with, the
same transaction or occurrence that is the subject matter of plaintiff's
complaint. (Cabaero v. Cantos, G.R. No. 102942, April 18, 1997, citing Lopez v.
Gloria and Sheriff of Leyte, G.R. No. 13846, August 30, 1919, 40 Phil. 26, 31) 

COMPULSORY EASEMENT
 
The essential requisites for an easement to be compulsory are: (1) the dominant
estate is surrounded by other immovables and has no adequate outlet to a public
highway; (2) proper indemnity has been paid; (3) the isolation was not due to
acts of the proprietor of the dominant estate; (4) the right of way claimed is at a
point least prejudicial to the servient estate; and (5) to the extent consistent with
the foregoing rule, where the distance from the dominant estate to a public
highway may be the shortest. (Villanueva v. Velasco, G.R. No. 130845,
November 27, 2000, citing Cristobal v. Court of Appeals, G.R. No. 125339, June
22, 1998)

COMPULSORY HEIRS
 
The following are compulsory heirs: (1) Legitimate children and descendants,
with respect to their legitimate parents and ascendants; (2) In default of the
foregoing, legitimate parents and ascendants, with respect to their legitimate
children and descendants; (3) The widow or widower; (4) Acknowledged natural
children, and natural children by legal fiction; (5) Other illegitimate children
referred to in Article 287 of the Civil Code.(Rep. Act No. 386, Civil Code of the
Philippines (1949), as amended, art. 886)

COMPULSORY HIV TESTING

 
HIV testing imposed upon an individual characterized by lack of consent, use of
force or intimidation, the use of testing as a prerequisite for employment or other
purposes, and other circumstances when informed choice is absent. (Rep. Act
No. 11166, Philippine HIV and AIDS Policy Act (2018), sec. 3 (g))

COMPULSORY JOINDER OF PARTIES

 
Parties in interest without whom no final determination can be had of an action
shall be joined either as plaintiffs or defendants. (1997 Rules of Civil Procedure,
sec. 7, rule 3) 
AcHaTE

The presence of all indispensable parties is a condition sine qua non for the

exercise of judicial power. It is precisely when an indispensable party is not
before the court that the action should be dismissed. The plaintiff is mandated to
implead all indispensable parties, and the absence of one renders all subsequent
actions of the court null and void for want of authority to act, not only as to the
absent parties, but even as to those present. One who is a party to a case is not
bound by any decision of the court; otherwise, he will be deprived of his right to
due process. (Ramon Aron v. Francisco Realon, G.R. No. 159156, January 31,
2005)
Joining indispensable parties into an action is mandatory, being a requirement of
due process. Without their presence, the judgment of the court cannot attain real
finality. (Tallorin v. Heirs of Tarona, G.R. No. 177429, November 24, 2009,
citing Quilatan v. Heirs of Quilatan, G.R. No. 183059, August 28, 2009)

COMPULSORY LICENSE
 
A license issued by the Director General of the Intellectual Property Office to
exploit a patented invention without the permission of the patent holder, either
by manufacture or through parallel importation. (Rep. Act No. 9502, Universally
Accessible Cheaper and Quality Medicines Act of 2008, sec. 4(a))

COMPULSORY MOTOR VEHICLE LIABILITY INSURANCE

 
Primarily intended to provide compensation for the death or bodily injuries
suffered by innocent third parties or passengers as a result of a negligent
operation and use of motor vehicles. The victims and or their dependents are
assured of immediate financial assistance, regardless of the financial capacity of
the motor vehicle owners. (First Integrated Bonding and Insurance Co. v.
Hernando, G.R. No. 51221, July 31, 1991, citing Shafer v. Regional Trial Court,
G.R. No. 78848, November 14, 1988)

COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES

BY MEANS OF TOKENS
 
An offense committed by any person, agent or officer of any association or
corporation who shall force or compel, directly or indirectly, or shall knowingly
permit any laborer or employee employed by him or by such firm or corporation
to be forced or compelled, to purchase merchandise or commodities of any kind,
or any person who shall pay the wages due a laborer or employee employed by
him, by means of tokens or objects other than the legal tender currency of the
Philippine Islands, unless expressly requested by the laborer or employee. (Act
No. 3815, Revised Penal Code (1930), art. 288)
COMPULSORY RECOGNITION
 
Occurs when, by court action, the child causes the putative parent to
acknowledge his filiation. It is also called judicial recognition. (Banaag v.
Bartolome, G.R. No. 76245, December 20, 1991, citing Baluyut v. Baluyut, G.R.
No. 33659, June 14, 1990, 512; Mangulabnan v. IAC, G.R. No. 71994, May 31,
1990)
Recognition is compulsory in the following cases: (1) In cases
of rape, abduction or seduction, when the period of the offense coincides more
or less with that of the conception; (2) when the child is in continuous possession
of status of a child of the alleged father (or mother) by the direct acts of the latter
or of his family; (3) when the child was conceived during the time when the
mother cohabited with the supposed father; (4) when the child has in his favor
any evidence or proof that the defendant is his father. (Vda. dela Rosa v. Heirs of
Rustia, G.R. No. 155733, January 27, 2006)
Sometimes also called judicial recognition, to distinguish it from that which is a
purely voluntary act of the parent. It is recognition decreed by final judgment of a
competent court. (Gapusan-Chua v. Court of Appeals, G.R. No. 46746, March
15, 1990, citing Tolentino, Civil Code, Commentaries and Jurisprudence, 1983
ed., Vol. 1, p. 577)

COMPULSORY SUCCESSION
 
A kind of succession that reserves a portion of the net estate of the decedent in
favor of certain heirs, or group of heirs, or combination of heirs, prevailing over all
kinds of succession. (Raymundo v. Vda. de Suarez, G.R. No. 149017, November
28, 2008, citing Balane, Jottings and Jurisprudence in Civil Law (2002), p. 278)

COMPUTER
 
An electronic or similar device having information-processing capabilities. (Rep.
Act No. 8293, Intellectual Property Code of the Philippines (1998), sec. 171.4)
Any device or apparatus singly or interconnected which, by electronic, electro-
mechanical, optical and/or magnetic impulse, or other means with the same
function, can receive, record, transmit, store, process, correlate, analyze, project,
retrieve and/or produce information, data, text, graphics, figures, voice, video,
symbols or other modes of expression or perform any one or more of these
functions. (Rep. Act No. 8792, Electronic Commerce Act (2000), sec. 5(b))  AEaSTC

An electronic, magnetic, optical, electrochemical, or other data processing or

communications device, or grouping of such devices, capable of performing
logical, arithmetic, routing, or storage functions and which includes any storage
facility or equipment or communications facility or equipment directly related to or
operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart
phones, computer networks and other devices connected to the internet. (Rep.
Act No. 10175, Cybercrime Prevention Act of 2012, sec. 3(d))

COMPUTER DATA
 
Any representation of facts, information, or concepts in a form suitable for
processing in a computer system including a program suitable to cause a
computer system to perform a function and includes electronic documents and/or
electronic data messages whether stored in local computer systems or
online. (Rep. Act No. 10175, Cybercrime Prevention Act of 2012, sec. 3 (e))

COMPUTER PROGRAM
 
A set of instructions expressed in words, codes, schemes or in any other form,
which is capable when incorporated in a medium that the computer can read, of
causing the computer to perform or achieve a particular task or result (Rep. Act
No. 8293, Intellectual Property Code of the Philippines (1998), sec. 171.4)
A set of instructions executed by the computer to achieve intended results. (Rep.
Act No. 10175, Cybercrime Prevention Act of 2012, sec. 3 (f))

COMPUTER-RELATED FORGERY
 
The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly
readable and intelligible; or the act of knowingly using computer data which is the
product of computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design. (Rep. Act No. 10175, Cybercrime
Prevention Act of 2012, sec. 4 (b) (1))

COMPUTER-RELATED FRAUD
 
The unauthorized input, alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing damage thereby
with fraudulent intent. (Rep. Act No. 10175, Cybercrime Prevention Act of 2012,
sec. 4 (b) (2))

COMPUTER-RELATED IDENTITY THEFT

 
The intentional acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another, whether natural or
juridical, without right. (Rep. Act No. 10175, Cybercrime Prevention Act of 2012,
sec. 4 (b) (3))

COMPUTER SYSTEM
 
Any device or group of interconnected or related devices, one or more of which,
pursuant to a program, performs automated processing of data. It covers any
type of device with data processing capabilities including, but not limited to,
computers and mobile phones. The device consisting of hardware and software
may include input, output and storage components which may stand alone or be
connected in a network or other similar devices. It also includes computer data
storage devices or media. (Rep. Act No. 10175, Cybercrime Prevention Act of
2012, sec. 3 (g))

CONCEALING TRUE NAME

 
An offense committed by any person who conceals his true name and other
personal circumstances. (Act No. 3815, Revised Penal Code (1930), art. 178)
CONCEALMENT
 
A neglect to communicate that which a party knows and ought to
communicate. (Pres. Decree No. 612, Insurance Code of the Philippines (1974),
as amended, sec. 26)

CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD

 
An offense committed by any person who shall conceal or abandon
any legitimate child with intent to cause such child to lose its civil status. (Act
No. 3815, Revised Penal Code (1930), art. 347)  SIaHDA

It is . . . an essential condition of this crime, that the child who has been exposed
or concealed shall have been born alive . . . It must be noted, furthermore, that
the exposition or concealment must be of a legitimate child and done with the
intention of making him lose his civil status, that is, his inherent rights as a
legitimate child; and therefore, were he illegitimate, or, were the intentions of the
one who concealed or exposed the child different, the act may constitute a crime
against liberty and security, but certainly not an attempt against the civil status of
the child. (United States v. Capillo, G.R. No. 9279, March 25, 1915, citing Viada
[vol. 3, p. 270])

CONCERNING
 
Regarding, respecting, or about. (La Bugal-B'laan Tribal Association, Inc. v.
Ramos, G.R. No. 127882, December 1, 2004, citing Webster's Third New
International Dictionary)

CONCESSION ESPECIAL
 
Spanish for "special grant". (Collado v. Court of Appeals, G.R. No. 107764,
October 4, 2002)
CONCLUSION OF LAW
 
A proposition not arrived at by any process of natural reasoning from a fact or
combination of facts stated but by the application of the artificial rules of law to
the facts pleaded. (Siquian v. People, G.R. No. 82197, March 13, 1989, citing
Black's Law Dictionary, p. 362)

CONCLUSIVE FINALITY, DOCTRINE

 
See "Doctrine of Conclusive Finality"

CONCLUSIVENESS OF JUDGMENT
 
Any right, fact, or matter in issue directly adjudicated or necessarily involved in
the determination of an action before a competent court in which judgment is
rendered on the merits is conclusively settled by the judgment therein and cannot
again be litigated between the parties and their privies whether or not the claims,
demands, purposes, or subject matters of the two actions are the same. (In-N-
Out Burger, Inc. v. Sehwani, Inc., G.R. No. 179127, December 24, 2008)
Where between the first case wherein judgment is rendered and the second case
wherein such judgment is invoked, there is identity of parties, but there is no
identity of cause of action, the judgment is conclusive in the second case, only as
to those matters actually and directly controverted and determined and not as to
matters merely involved therein. (Dole Philippines v. Esteva, G.R. No. 161115,
November 30, 2006)  DTIcSH

A fact or question which was in issue in a former suit and was there judicially
passed upon and determined by a court of competent jurisdiction, is conclusively
settled by the judgment therein as far as the parties to that action and persons in
privity with them are concerned and cannot be again litigated in any future action
between such parties or their privies, in the same court or any other court of
concurrent jurisdiction on either the same or different cause of action, while the
judgment remains unreversed by proper authority. It has been held that in order
that a judgment in one action can be conclusive as to a particular matter in
another action between the same parties or their privies, it is essential that the
issue be identical. If a particular point or question is in issue in the second action,
and the judgment will depend on the determination of that particular point or
question, a former judgment between the same parties or their privies will be final
and conclusive in the second if that same point or question was in issue and
adjudicated in the first suit. (Calalang v. Register of Deeds of Quezon City, G.R.
No. 76265 & 83280, March 11, 1994, citing Nabus v. Court of Appeals, G.R. No.
91670, February 7, 1991)

CONCRETE
 
Having a material, perceptible existence; of, belonging to, or characterized by
things or events that can be perceived by the senses; real; actual; and referring
to a particular; specific, not general or abstract. (ABS-CBN Corp. v. Gozon, G.R.
No. 195956, March 11, 2015, citing Webster's New Twentieth Century Dictionary
of the English Language)

CONCRETE BLOCK
 
A hollow or solid concrete masonry unit made from portland cement and suitable
aggregates such as sand, gravel, crushed stone, bituminous or anthracite
cinders, burned clay, pumice, volcanic scoria, air-cooled or expanded blast
furnace slags. (Pres. Decree No. 1096, National Building Code of the Philippines
(1977), Annex "A")

CONCRETE MIXER LORRY

 
A vehicle consisting of a cab and a chassis, on which is permanently mounted a
concrete mixer, capable of use for both making and transporting concrete. (Exec.
Order No. 877-A (2010), sec. 1(k), art. 2)

CONCUBINAGE
 
An offense committed by any husband who shall keep a mistress in the conjugal
dwelling, or, shall have sexual intercourse, under scandalous circumstances, with
a woman who is not his wife, or shall cohabit with her in any other place. (Act
No. 3815, Revised Penal Code (1930), art. 334)
CONCURRENT JURISDICTION
 
That which is possessed over the same parties or subject matter at the same
time by two or more separate tribunals. (Puse v. Delos Santos-Puse, G.R. No.
183678, March 15, 2010, citing Bouvier's Law Dictionary, Vol. 1, Third Revision,
p. 1761

CONCURRING OPINION
 
A separate opinion delivered by one or more judges which agrees with the
decision of the majority of the court but offering its own reason for reaching that
decision. (Manotok IV v. Heirs of Barque, G.R. Nos. 162335 & 162605, February
13, 2009, citing Black’s Law Dictionary, 6th ed., at 291)

CONDITION
 
A future and uncertain event upon which the existence of an obligation is made
to depend or that which subordinates the existence of a liability under a contract
to a certain future event. (Gonzales v. Lim, G.R. No. 130403, July 30, 2007,
citing Black's Law Dictionary)

CONDITIONAL CASH GRANT

 
The amount received by the qualified household-beneficiaries who comply with
the conditions for entitlement. (Rep. Act No. 11310, Pantawid Pamilyang Pilipino
Program (4Ps) Act (2019), sec. 3 (d))

CONDITIONAL DONATION
 
One where the donation is made in consideration of future services or where the
donor imposes certain conditions, limitations or charges upon the donee, the
value of which is inferior than that of the donation given. (C-J Yulo & Sons, Inc. v.
Roman Catholic Bishop of San Pablo, Inc., G.R. No. 133705, March 31, 2005,
citing Republic v. Silim, G.R. No. 140487, April 2, 2001)

CONDITIONAL GUARANTY
 
One which depends upon some extraneous event, beyond the mere default of
the principal, and generally upon notice of the principal's default and reasonable
diligence in exhausting proper remedies against the principal. (Philippine Export
and Foreign Loan Guarantee Corp. v. V. P. Eusebio Construction, Inc., G.R. No.
140047, July 13, 2004, citing Black's Law Dictionary 635 (5th ed., 1979))

CONDITIONAL IMPORTATION
 
The customs procedure known under the RKC as temporary admission in which
certain goods can be brought into a customs territory conditionally relieved,
totally or partially, from payment of import duties and taxes; such goods must be
imported for a specific purpose and must be intended for reexportation within a
specified period and without having undergone any substantial change except
due to normal depreciation. (Rep. Act No. 10863, Customs Modernization and
Tariff Act (2016), sec. 102 (m))

CONDITIONAL INDORSEMENT
 
Where an indorsement is conditional, a party required to pay the instrument may
disregard the condition and make payment to the indorsee or his transferee
whether the condition has been fulfilled or not. But any person to whom an
instrument so indorsed is negotiated will hold the same, or the proceeds thereof,
subject to the rights of the person indorsing conditionally. (Act No.
2031, Negotiable Instruments Law (1911), sec. 39)

CONDITIONAL PARDON
 
In the nature of a contract between the sovereign power or the Chief Executive
and the convicted criminal to the effect that the former will release the latter
subject to the condition that if he does not comply with the terms of the pardon,
he will be recommitted to prison to serve the unexpired portion of the sentence or
an additional one. (Torres v. Director, Bureau of Corrections, G.R. No. 122338,
December 29, 1995, citing Alvarez v. Director of Prisons, G.R. No. L-1809,
January 23, 1948, 80 Phil. 50)  aEHTSc

Any person who has been granted conditional pardon shall incur the obligation of
complying strictly with the conditions imposed therein; otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of
the pardon and the provisions of article 159 [of the Revised Penal Code] shall be
applied to him. (Act No. 3815, Revised Penal Code (1930), art. 95)
The exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in
the partial extinction of his criminal liability. (Revised Rules and Regulations of
the Board of Pardons and Parole (2002), sec. 2(p))

CONDITIONALLY PRIVILEGED COMMUNICATION

 
Article 354 of the Revised Penal Code limits conditionally or qualifiedly privileged
communication to the following instances: (1) A private communication made
by a person to another in the performance of any legal, moral, or social duty; and
(2) A fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative, or other official proceedings which are not of
confidential nature, or of any statement, report, or speech delivered in said
proceedings, or of any act performed by public officers in the exercise of their
functions. (Binay v. Secretary of Justice, G.R. No. 170643, September 8, 2006)
Those which, although containing defamatory imputations, would not be
actionable unless made with malice or bad faith. (Brillante v. Court of Appeals,
G.R. Nos. 118757 & 121571, October 19, 2004, citing Orfanel v. People, G.R.
No. L-26877, December 26, 1969, 141 Phil. 519)  ADEaHT

The essential elements of conditionally privileged communication may

accordingly be enumerated as a good faith, an interest to be upheld, a statement
limited in its scope to this purpose, a proper occasion, and publication in a proper
manner and to proper parties only. (Sison v. David, G.R. No. L-11268, January
28, 1961, citing 33 Am. Jur., pp. 124-125)
CONDOMINIUM
 
An interest in real property consisting of separate interest in a unit in a
residential, industrial or commercial building and an undivided interest in
common, directly or indirectly, in the land on which it is located and in other
common areas of the building. (Rep. Act No. 4726, Condominium Act (1966), as
amended, sec. 2)
A building with one or more storeys composed of multi-unit residential suites
under joint ownership of occupants, each unit provided with complete sanitary
facilities, utilities and other amenities. (Pres. Decree No. 856, Code on Sanitation
of the Philippines (1975), sec. 63(g))

CONDOMINIUM UNIT
 
A part of the condominium project intended for any type of independent use or
ownership, including one or more rooms or spaces located in one or more floors
(or part of parts of floors) in a building or buildings and such accessories as may
be appended thereto. (Pres. Decree No. 957, Subdivision and Condominium
Buyers' Protection Decree (1976), sec. 2(h))

CONDONATION
 
The conditional forgiveness or remission, by a husband or wife of a matrimonial
offense which the latter has committed. (Bugayong v. Ginez, G.R. No. L-10033,
December 28, 1956, citing I Bouvier's Law Dictionary, p. 585) 

CONDONATION BY RE-ELECTION
 
A public official can not be removed for administrative misconduct committed
during a prior term, since his re-election to office operates as a condonation of
the officer's previous misconduct to the extent of cutting off the right to remove
him therefrom. (Aguinaldo v. Santos, G.R. No. 94115, August 21, 1992)

CONDONATION OF DEBT
 
An act of liberality, by virtue of which, without receiving any equivalent, the
creditor renounces the enforcement of the obligation, which is extinguished in its
entirety or in that part or aspect of the same to which the remission refers. It is an
essential characteristic of remission that it be gratuitous, that there is no
equivalent received for the benefit given; once such equivalent exists, the nature
of the act changes. It may become dation in payment when the creditor
receives a thing different from that stipulated; or novation, when the object or
principal conditions of the obligation should be changed; or compromise, when
the matter renounced is in litigation or dispute and in exchange of some
concession which the creditor receives. (Dizon v. Court of Tax Appeals, G.R. No.
140944, April 30, 2008, citing Tolentino, Commentaries and Jurisprudence on
the Civil Code of the Philippines, Vol. IV, 1991 ed., p. 353, citing 8 Manresa
365) DACIHc

Condonation or remission is essentially gratuitous, and requires the acceptance

by the obligor. It may be made expressly or impliedly. One and the other kind
shall be subject to the rules which govern inofficious donations. Express
condonation shall, furthermore, comply with the forms of donation. (Rep. Act No.
386, Civil Code of the Philippines (1949), as amended, art. 1270)

CONDUCT
 
Any type or form of undertaking, collective recommendation, independent or
concerted action or practice, whether formal or informal. (Rep. Act No.
10667, Philippine Competition Act (2015), sec. 4 (c))

CONDUCT UNBECOMING
 
See "Unbecoming Conduct"

CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN

 
A uniquely military offense. In order to constitute the said offense, the misconduct
must offend so seriously against the law, justice, morality or decorum as to
expose to disgrace, socially or as a man, the offender, and at the same time
must be of such a nature or committed under such circumstances as to bring
dishonor or disrepute upon the military profession which he represents. The
article proscribing conduct unbecoming an officer and a gentleman has been
held to be wholly independent of other definitions of offenses, and the same
course of conduct may constitute an offense elsewhere provided for and may
also warrant a conviction under this provision; it is not subject to preemption by
other punitive articles. (Gonzales v. Abaya, G.R. No. 164007, August 10, 2006,
Concurring Opinion of Justice Callejo, citing U.S. v. Weldon, 7 M.J. 938 (1979),
Parker v. Levy, 417 U.S. 733 (1974) and U.S. v. Taylor, 23 M.J. 341 (1987))

CONDUCT UNBECOMING OF A POLICE OFFICER

 
Any behavior or action of a PNP member, irrespective of rank, done in his official
capacity, which, in dishonoring or otherwise disgracing himself as a PNP
member, seriously compromise his character and standing as a gentleman in
such a manner as to indicate his vitiated or corrupt state of moral character; it
may also refer to acts or behavior of any PNP member in an unofficial or private
capacity which, in dishonoring or disgracing himself personally as a gentleman,
seriously compromises his position as a PNP member and exhibits himself as
morally unworthy to remain as a member of the organization. (Lastimoso v.
Asayo, G.R. No. 154243, March 6, 2007 citing Quiambao v. Court of Appeals,
G.R. No. 128305, March 28, 2005)

CONFESSIO FACTA IN JUDICIO OMNI PROBATIONE MAJOR EST

 
A confession made in Court is more important than all proof. (People v.
Salimbago, G.R. No. 121365, September 14, 1999)

CONFESSION
 
An acknowledgment in express words, by the accused in a criminal case, of the
truth of the main fact charged, or of some essential part thereof. (United States v.
Lio Team, G.R. No. 7226, August 24, 1912, 23 Phil. 64, citing Wigmore on
Evidence, Vol. 1, sec. 821)
The declaration of an accused acknowledging his guilt of the offense charged, or
of any offense necessarily included therein, may be given in evidence against
him. (Revised Rules of Court in the Philippines, rule 130, sec. 33)
CONFIDENTIAL BUSINESS INFORMATION
 
Information which concerns or relates to the operations, production, sales,
shipments, purchases, transfers, identification of customers, inventories, or
amount or source of any income, profits, losses, expenditures. (Rep. Act No.
10667, Philippine Competition Act (2015), sec. 4 (e)) 

CONFIDENTIAL EMPLOYEE
 
An employee chosen by the appointing authority because of the latter's belief that
he can share a close intimate relationship with the employee which ensures
freedom of discussion, without fear of embarrassment or misgivings of possible
betrayal of personal trust or confidential matters of state. (In Re Moral, A.M. No.
2008-13-SC, November 19, 2008, citing Civil Service Commission v. Salas, G.R.
No. 123708, June 19, 1997)
One who assists or acts in a confidential capacity to persons who formulate,
determine, and effectuate management policies in the field of labor
relations. (Santos v. Shing Hung Plastics, Co., Inc., G.R. No. 172306, September
29, 2008, citing San Miguel Corp. Supervisors and Exempt Employees Union v.
Laguesma, G.R. No. 110399, August 15, 1997, 343 Phil. 143, 149)
Those who (1) assist or act in a confidential capacity, in regard (2) to persons
who formulate, determine, and effectuate management policies in the field of
labor relations. (San Miguel Foods, Inc. v. San Miguel Corp. Supervisors and
Exempt Union, G.R. No. 146206, 1 August 2011, citing Sugbuanon Rural Bank,
Inc. v. Laguesma, G.R. No. 116194, February 2, 2000, 381 Phil. 414, 424)  TcaAID

One entrusted with confidence on delicate matters, or with the custody, handling,
or care and protection of the employer's property. (National Association of Trade
Unions v. Torres, G.R. No. 93468, December 29, 1994, citing Panday v. NLRC,
G.R. No. 67664, May 20, 1992)

CONFIDENTIAL INFORMATION
 
Any information, relative to the subject of mediation or arbitration, expressly
intended by the source not to be disclosed, or obtained under circumstances that
would create a reasonable expectation on behalf of the source that the
information shall not be disclosed. It shall include (1) communication, oral or
written, made in a dispute resolution proceedings, including any memoranda,
notes or work product of the neutral party or non-party participant, as defined in
this Act; (2) an oral or written statement made or which occurs during mediation
or for purposes of considering, conducting, participating, initiating, continuing or
reconvening mediation or retaining a mediator; and (3) pleadings, motions,
manifestations, witness statements, reports filed or submitted in an arbitration or
for expert evaluation. (Rep. Act No. 9285, Alternative Dispute Resolution Act of
2004, sec. 3(h)) ETHSAI

Information not yet made a matter of public record relating to pending cases, as
well as information not yet made public concerning the work of any justice or
judge relating to pending cases, including notes, drafts, research papers, internal
discussions, internal memoranda, records of internal deliberations, and similar
papers. (Mah-Arevalo v. Mape, A.M. No. P-09-2622, April 7, 2009, citing Code of
Conduct for Court Personnel, A.M. No. 03-06-13-SC, May 15, 2004, canon II,
sec. I)

CONFIDENTIAL POSITION
 
A position (policy-determining, primarily confidential and highly
technical positions) which involves the highest degree of confidence, or is
closely bound up with and dependent on other positions to which they are
subordinate, or are temporary in nature. It may truly be said that the good of the
service itself demands that appointments coming under this category be
terminable at the will of the officer that makes them. (Civil Service Commission v.
Javier, G.R. No. 173264, February 22, 2008, citing De los Santos v.
Mallare, G.R. No. L-3881, August 31, 1950, 87 Phil. 288)

CONFINEMENT
 
Not synonymous only with incarceration inside a jail cell. It is enough to qualify as
confinement that a man be restrained, either morally or physically, of his
personal liberty. (Cayao v. Del Mundo, A.M. No. MTJ-93-813, September 15,
1993, citing Black's Law Dictionary, 270 (1979))
A state of being admitted in a hospital or medical clinic for medical observation,
diagnosis, testing, and treatment consistent with the capability and available
facilities of the hospital or clinic. (Batas Blg. 702 (1984), as amended, sec. 2(c))
The state of being confined; restraint within the limits; restraint within doors by
sickness . . .; any restraint of liberty by force or other obstacle or necessity;
hence, imprisonment. (People v. Soler, G.R. No. 45263, December 29, 1936,
citing 12 Corpus Juris, 422)

CONFIRM
 
To make firm: strengthen in a resolution, conviction, loyalty, position; to give new
assurance of the truth or validity; to state or imply the truth, and implies a prior
existing act. (Arnado v. Commission on Elections, G.R. No. 210164, August 18,
2015, citing Black's Law Dictionary, Fifth Edition, p. 476)

CONFIRMATORY TEST
 
An analytical test using a device, tool or equipment with a different chemical or
physical principle that is more specific which will validate and confirm the result of
the screening test. (Rep. Act No. 9165, Comprehensive Dangerous Drugs Act of
2002, sec. 3(f))

CONFISCATE
 
To adjudge forfeited; to appropriate property. The word is derived from the Latin
"con" meaning with, and "fiscus", a basket or hamper in which the Roman
emperor's treasure was kept. Hence, the word means to transfer property from
private use to public use; or to forfeit property to the prince or state. (Haw Pia v.
China Banking Corp., G.R. No. L-554, April 9, 1948, citing Ware v. Hylton, 1 U.
S. (3 Dallas), 199, 234; 1 L. ed. (U. S.), 568, 583)

CONFISCATED FIREARM
 
A firearm that is taken into custody by the PNP, National Bureau of Investigation
(NBI), Philippine Drug Enforcement Agency (PDEA), and all other law
enforcement agencies by reason of their mandate and must be necessarily
reported or turned over to the FEO of the PNP. (Rep. Act No.
10591, Comprehensive Firearms and Ammunition Regulation Act (2013), sec. 3
(i))

CONFISCATION
 
The seizure and appropriation of property belonging to an enemy. The law of
nations prescribes that all property belonging to the enemy shall be liable to
confiscation, but with certain modifications and relaxations of the rule. (Haw Pia
v. China Banking Corp., G.R. No. L-554, April 9, 1948, Law Dictionary with
Pronunciations by Ballantine, p. 261)

CONFLICT OF INTEREST (ATTORNEY-CLIENT RELATIONS)

 
The test of conflict of interest is whether the acceptance of a new relation will
prevent an attorney from the full discharge of his duty of undivided fidelity and
loyalty to his client or invite suspicion of unfaithfulness or double-dealing in its
performance. The conflict exists if the acceptance of the new retainer will require
the attorney to perform an act which will injuriously affect his first client in any
matter in which he represented him and also whether he will be called upon in his
new relation to use against the first client any knowledge acquired through their
connection. (Frias v. Lozada, A.C. No. 6656, December 13, 2005, citing Gamilla
v. Mariño, Jr., A.C. No. 4763, March 20, 2003, 447 Phil. 419 and Hornilla v.
Salunat, A.C. No. 5804, 1 July 2003)

CONFLICT OF INTEREST (PUBLIC OFFICIALS)

 
Arises when a public official or employee is a member of a board, an officer, or
a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or
business, or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty. (Rep. Act No. 6713, Code of Conduct and
Ethical Standards for Public Officials and Employees (1989), sec. 3(i))
Refers in general to one where it may be reasonably deduced that a member of
a sanggunian may not act in the public interest due to some private, pecuniary,
or other personal considerations that may tend to affect his judgment to the
prejudice of the service or the public. (Rep. Act No. 7160, Local Government
Code of 1991, as amended, sec. 51)

CONFUSION OF BUSINESS
 
In trademark infringement, wherein the goods of the parties are different but
the defendant's product can reasonably (though mistakenly) be assumed to
originate from the plaintiff, thus deceiving the public into believing that there is
some connection between the plaintiff and defendant which, in fact, does not
exist. (Mighty Corp. v. E. & J. Gallo Winery, G.R. No. 154342, July 14, 2004)

CONFUSION OF GOODS
 
In trademark infringement, occurs when an otherwise prudent purchaser is
induced to purchase one product in the belief that he is purchasing another, in
which case defendant's goods are then bought as the plaintiff's and its poor
quality reflects badly on the plaintiff's reputation. (Mighty Corp, v. E. & J. Gallo
Winery, G.R. No. 154342, July 14, 2004)

CONFUSION OF RIGHTS
 
See "Merger of Rights" (Rep. Act No. 386, Civil Code of the Philippines (1949),
as amended, art. 1275)

CONGENITAL ADRENAL HYPERPLASIA (CAH)

 
A condition which causes the early or "inappropriate" appearance of male
characteristics. A person . . . with this condition produces too much androgen, a
male hormone. A newborn who has XX chromosomes coupled with CAH usually
has a (1) swollen clitoris with the urethral opening at the base, an ambiguous
genitalia often appearing more male than female; (2) normal internal structures of
the female reproductive tract such as the ovaries, uterus and fallopian tubes; as
the child grows older, some features start to appear male, such as deepening of
the voice, facial hair, and failure to menstruate at puberty. (Republic v.
Cagandahan, G.R. No. 166676, September 12, 2008)

CONGENITAL HEARING LOSS

 
Hearing impairment already present at birth. (Rep. Act No. 9709, Universal
Newborn Hearing Screening and Intervention Act of 2009, sec. 4(b))

CONGENITAL HEARING LOSS

 
Hearing impairment already present at birth. (Rep. Act No. 9709, Universal
Newborn Hearing Screening and Intervention Act of 2009, sec. 4(b))

CONGENITAL HEART DISEASE (CHD)

 
A general term used to describe abnormalities of the heart or great vessels that
are present from birth, a disorder that is genetic in origin caused by faulty
embryogenesis during the gestational weeks of a fetus within the mother's
womb. (Government Service Insurance System v. Corrales, G.R. No. 16626,
June 27, 2008, citing Robbins, Pathologic Basis of Disease, 6th edition, p. 591)

CONGRESSIONAL OVERSIGHT
 
Embraces all activities undertaken by Congress to enhance its understanding of
and influence over the implementation of legislation it has enacted. Clearly,
oversight concerns post-enactment measures undertaken by Congress: (a) to
monitor bureaucratic compliance with program objectives, (b) to determine
whether agencies are properly administered, (c) to eliminate executive waste and
dishonesty, (d) to prevent executive usurpation of legislative authority, and (d) to
assess executive conformity with the congressional perception of public
interest. (Abakada Guro Party List v. Purisima, G.R. No. 166715, August 14,
2008, citing Macalintal v. Commission on Elections, G.R. No. 157013, July 10,
2003, 453 Phil. 586)
CONGRUENT-INTEREST REPRESENTATION CONFLICTS
 
Unique to government lawyers and apply primarily to former government lawyers.
Arguably do not involve conflicts at all, as it prohibits lawyers from representing a
private practice client even if the interests of the former government client and
the new client are entirely parallel. (Presidential Commission on Good
Government v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005, citing
Wolfram, Modern Legal Ethics, p. 457 (1986))

CONJUGAL PARTNERSHIP OF GAINS

 
A special type of partnership,where the husband and wife place in a common
fund the proceeds, products, fruits and income from their separate properties and
those acquired by either or both spouses through their efforts or by
chance. (Homeowners Savings & Loan Bank v. Dailo, G.R. No. 153802, March
11, 2005, citing Rep. Act No. 386, Civil Code of the Philippines (1949), as
amended, art. 119)
Under the regime of conjugal partnership of gains, the husband and wife place in
a common fund the proceeds, products, fruits and income from their separate
properties and those acquired by either or both spouses through their efforts or
by chance, and, upon dissolution of the marriage or of the partnership, the net
gains or benefits obtained by either or both spouses shall be divided equally
between them, unless otherwise agreed in the marriage settlements. (Exec.
Order No. 209, Family Code of the Philippines (1987), art. 106)

CONJUGAL PROPERTY
 
All property acquired during the marriage, whether the acquisition appears to
have been made, contracted or registered in the name of one or both spouses, is
presumed to be conjugal unless the contrary is proved. The following are
conjugal partnership properties: (1) Those acquired by onerous title during the
marriage at the expense of the common fund, whether the acquisition be for the
partnership, or for only one of the spouses; (2) Those obtained from the labor,
industry, work or profession of either or both of the spouses; (3) The fruits,
natural, industrial or civil, due or received during the marriage from the common
property, as well as the net fruits from the exclusive property of each spouse; (4)
The share of either spouse in the hidden treasure which the law awards to the
finder or owner of the property where the treasure is found; (5) Those acquired
through occupation such as fishing or hunting; (6) Livestock existing upon the
dissolution of the partnership in excess of the number of each kind brought to the
marriage by either spouse; and (7) Those which are acquired by chance, such as
winnings from gambling or betting. However, losses therefrom shall be borne
exclusively by the loser-spouse. (Exec. Order No. 209, Family Code of the
Philippines (1987), arts. 116 and 117)

CONJUNCTIVITIS
 
Sore eyes. Also known as pinkeye, is an inflammation of the conjunctiva, the
thin, clear tissue that lies over the white part of the eye and lines the inside of the
eyelid. (Lucas v. Tuaño, G.R. No. 178763, April 21, 2009, citing
http://www.webmd.com/eye-health/eye-health-conjunctivitis) 

CONNIVING WITH OR CONSENTING TO EVASION

 
An offense committed by any public officer who shall consent to the escape of a
prisoner in his custody or charge. (Act No. 3815, Revised Penal Code (1930),
art. 223)

CONSENT
 
Manifested by the meeting of the offer and the acceptance upon the thing and
the cause which are to constitute the contract. The offer must be certain and the
acceptance absolute. A qualified acceptance constitutes a counter-offer. (Rep.
Act No. 386, Civil Code of the Philippines (1949), as amended, art. 1319)
The essence of consent is the agreement of the parties on the terms of the
contract, the acceptance by one of the offer made by the other. It is the
concurrence of the minds of the parties on the object and the cause which
constitutes the contract. The area of agreement must extend to all points that the
parties deem material or there is no consent at all. To be valid, consent must
meet the following requisites: (a) it should be intelligent, or with an exact notion of
the matter to which it refers; (b) it should be free and (c) it should be
spontaneous. Intelligence in consent is vitiated by error; freedom by violence,
intimidation or undue influence; spontaneity by fraud. (Vda. de Ape v. Court of
Appeals, G.R. No. 133638, April 15, 2005, citing Leonardo v. Court of Appeals,
G.R. No. 125485, September 13, 2004)

CONSENT DECREE
 
A judicially-approved settlement between concerned parties based on public
interest and public policy to protect and preserve the environment. (Rules of
Procedure for Environment Cases, A.M. No. 09-6-8-SC, May 15, 2004, sec. 4(b))

CONSENT ELECTION
 
An agreed one, its purpose being merely to determine the issue
of majority representation of all the workers in the appropriate collective
bargaining unit. (Warren Manufacturing Workers Union v. Bureau of Labor
Relations, G.R. No. 76185, March 10, 1988)
The process of determining through secret ballot the sole and exclusive
representative of the employees in an appropriate bargaining unit for purposes of
collective bargaining or negotiation. A certification election is ordered by the
Department, while a consent election is voluntarily agreed upon by the parties,
with or without the intervention by the Department. (DOLE Department Order No.
40-03, Amending the Implementing Rules of Book V of the Labor Code of the
Philippines [Pres. Decree No. 442] (2003), rule I, sec. 1(h))

CONSENT OF THE DATA SUBJECT

 
Any freely given, specific, informed indication of will, whereby the data subject
agrees to the collection and processing of personal information about and/or
relating to him or her. Consent shall be evidenced by written, electronic or
recorded means. It may also be given on behalf of the data subject by an agent
specifically authorized by the data subject to do so. (Rep. Act No. 10173, Data
Privacy Act of 2012, sec. 3 (b))

CONSENTED ABDUCTION
 
An offense committed by any person who shall abduct a virgin over twelve years
and under eighteen years of age, carried out with her consent and
with lewd designs. (Act No. 3815, Revised Penal Code (1930), art. 343)
Elements: (1) that the offended party is a virgin; (2) that she must be over
twelve (12) and under eighteen (18) years of age; (3) the taking away of the
offended party must be with her consent, after solicitation or cajolery from the
offender; and, (4) the taking away of the offended party must be with lewd
designs. (Eleuterio C. Perez v. Court of Appeals, G.R. No. 80838, November 29,
1988)

CONSERVATION
 
Preservation and sustainable utilization of wildlife and/or maintenance,
restoration and enhancement of the habitat. (Rep. Act No. 9147, Wildlife
Resources Conservation and Protection Act (2001), sec. 5(e))  SHCaDA

All the processes and measures of maintaining the cultural significance of a

cultural property including, but not limited to, preservation, restoration,
reconstruction, protection, adaptation or any combination thereof. (Rep. Act No.
10066, National Cultural Heritage Act of 2009, sec. 3(i))

CONSERVATION AND MANAGEMENT MEASURES

 
Measures to conserve and manage living marine resources that are adopted and
applied consistently with the relevant rules of international law including those
reflected in conventions, RFMO resolutions and laws of other coastal states
where Philippine flagged vessels fish. (Rep. Act No. 8550, Philippine Fisheries
Code of 1998, sec. 4 (13), as amended by Rep. Act No. 10654 (2015))

CONSERVATOR
 
Whenever, on the basis of a report submitted by the appropriate supervising or
examining department, the Monetary Board finds that a bank or a quasi-bank is
in a state of continuing inability or unwillingness to maintain a condition of
liquidity deemed adequate to protect the interest of depositors and creditors, the
Monetary Board may appoint a conservator with such powers as the Monetary
Board shall deem necessary to take charge of the assets, liabilities, and the
management thereof, reorganize the management, collect all monies and debts
due said institution, and exercise all powers necessary to restore its viability. The
conservator shall report and be responsible to the Monetary Board and shall
have the power to overrule or revoke the actions of the previous management
and board of directors of the bank or quasi-bank. (Rep. Act No. 7653, New
Central Bank Act (1993), sec. 29)

CONSIDERATION
 
The why of the contracts, the essential reason which moves the contracting
parties to enter into the contract. (Bible Baptist Church v. Court of Appeals, G.R.
No. 126454, November 26, 2004, citing Villamor v. Court of Appeals, G.R. No.
97332, October 10, 1991)
Some right, interest, benefit, or advantage conferred upon the promissor, to
which he is otherwise not lawfully entitled, or any detriment, prejudice, loss, or
disadvantage suffered or undertaken by the promisee other than to such as he is
at the time of consent bound to suffer. (Olegario v. Court of Appeals, G.R. No.
104892, November 14, 1994, citing Gabriel v. Monte de Piedad, G.R. No.
47806, April 14, 1941, 71 Phil. 497)

CONSIGNATION
 
Made by depositing the things due at the disposal of judicial authority, before
whom the tender of payment shall be proved, in a proper case, and the
announcement of the consignation in other cases. (Rep. Act No. 386, Civil Code
of the Philippines (1949), as amended, art. 1258)

CONSIGNEE
 
An agent who has an obligation to remit the proceeds of the sales or return
anything left unsold. (Ongkiko v. Court of Appeals, G.R. No. L-48777, September
24, 1987, citing Webster's Third New International Dictionary of the English
Language, Unabridged)
CONSOLIDATE
 
To combine into one; merge; unite. (Dissenting Opinion of J. Cruz in Tolentino v.
Secretary of Finance, G.R. Nos. 115455, etc., August 25, 1994)

CONSOLIDATION
 
The creation or formation of a new union arising from the unification of two or
more unions. (DOLE Department Order No. 40-03, February 17, 2003)
The union of two or more existing corporations to form a new corporation called
the consolidated corporation. It is a combination by agreement between two or
more corporations by which their rights, franchises, and property are united and
become those of a single, new corporation, composed generally, although not
necessarily, of the stockholders of the original corporations. (McLeod v. National
Labor Relations Commission, G.R. No. 146667, January 23, 2007)  TEcCHD

See also "Merger"
In the context of legal proceedings, is a procedural tool that permits individual
cases that involve common questions of fact or law to be jointly heard and
resolved by a court or tribunal.
Office of the Ombudsman v. Chipoco, G.R. Nos. 231345 & 232406, August 19,
2019

CONSOLIDATION OF ACTIONS
 
When actions involving a common question of law or fact are pending before the
court, it may order a joint hearing or trial of any or all the matters in issue in the
actions; it may order all the actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid unnecessary costs or
delay. (Rules of Civil Procedure, sec. 1, rule 31)
A court may order several actions pending before it to be tried together where
they arise from the same act, event or transaction, involve the same or like
issues, and depend largely or substantially on the same evidence, provided that
the court has jurisdiction over the cases to be consolidated and that a joint trial
will not give one party an undue advantage or prejudice the substantial rights of
any of the parties. The obvious purpose of the rule allowing consolidation is to
avoid multiplicity of suits to guard against oppression or abuse, to prevent delays,
to clear congested dockets, to simplify the work of the trial court; in short the
attainment of justice with the least expense and vexation to the parties litigants.
Consolidation of actions is addressed to the sound discretion of the court and its
action in consolidating will not be disturbed in the absence of manifest abuse of
discretion. (Teston v. Development Bank of the Philippines, G.R. No. 144374,
November 11, 2005)

CONSOLIDATION OF OWNERSHIP
 
In case of real property, the consolidation of ownership in the vendee by virtue of
the failure of the vendor to comply with the provisions of article 1616 shall not be
recorded in the Registry of Property without a judicial order, after the vendor has
been duly heard. (Rep. Act No. 386, Civil Code of the Philippines (1949), as
amended, art. 1607)  DaHISE

A writ of possession may also be issued after consolidation of ownership of the

property in the name of the purchaser. It is settled that the buyer in a foreclosure
sale becomes the absolute owner of the property purchased if it is not redeemed
during the period of one year after the registration of sale. As such, he is entitled
to the possession of the property and can demand it any time following the
consolidation of ownership in his name and the issuance of a new transfer
certificate of title. (Sueno v. Land Bank of the Philippines, G.R. No. 174711,
September 17, 2008)

CONSPIRACY
 
Exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. (People v. Sandiganbayan
(Special Division), G.R. No. 158754, August 10, 2007, citing Act No. 3815,
The  Revised Penal Code (1930), art. 8)  cAaDHT

Established by the presence of two factors: (1) singularity of intent; and (2) unity
in execution of an unlawful objective. The two must concur. Performance of an
act that contributes to the goal of another is not enough. The act must be
motivated by the same unlawful intent. Neither joint nor simultaneous action
is per se sufficient indicium of conspiracy, unless proved to have been motivated
by a common design. (People v. Castillo, G.R. No. 132895, March 10, 2004
citing People v. Tilos, G.R. No. 138385, January 16, 2001)
CONSTITUTION
 
A system of fundamental laws for the governance and administration of a nation.
It is supreme, imperious, absolute and unalterable except by the authority from
which it emanates. It has been defined as the fundamental and paramount law of
the nation. (Manila Prince Hotel v. Government Service Insurance System, G.R.
No. 122156, February 3, 1997, citing Marbury v. Madison, 5 U.S. 138 (1803))  IcAaEH

A written instrument which serves as the fundamental law of the state. In theory,
it is the creation of the will of the people, who are deemed the source of all
political powers. It provides for the organization of the essential departments of
government, determines and limits their powers, and prescribes guarantees to
the basic rights of the individual; a compact, an "agreement of the people, in their
individual capacities, reduced to writing, establishing and fixing certain principles
for the government of themselves". (Concurring Opinion of J. Puno in Province
of North Cotabato v. GRP Peace Panel on Ancestral Domain, G.R. Nos. 183591,
etc., October 14, 2008, citing Sinco, Vicente G. Philippine Political Law, at pp.
66-67, 10th ed. (1954))

CONSTITUTIONAL POLITICAL ACTION

 
A political action within a legal framework and rests upon a moral commitment to
uphold the authority of law. (Concurring Opinion of J. Vitug in Estrada v.
Desierto, G.R. Nos. 146710-15 & 146738, March 2, 2001, citing A.J. Milne)

CONSTRUCTION
 
New construction, rehabilitation, improvement, expansion, alteration and related
works and activities including the necessary supply of equipment, materials,
labor and services and related items. (Rep. Act No. 6957, Build-Operate-
Transfer Law (1990), sec. 2(p), as amended by Rep. Act No. 7718 (1994), sec.
2)  DTcACa

All on-site work on buildings or altering structures from land clearance through
completion including excavation, erection and assembly and installation of
components and equipment. (Romago, Inc. v. Siemens Building Technologies,
Inc., G.R. No. 181969, October 2, 2009, citing Fort Bonifacio Development Corp.
v. Domingo, G.R. No. 180765, February 27, 2009)

CONSTRUCTION COST
 
Cost of all construction portions of the project, generally based upon the sum of
the construction contract(s) and other direct construction costs. It does not
include the compensation paid to the architect and consultants, the cost of the
land, right-of-way, or other costs which are defined in the contract documents as
being the responsibility of the owner. (Malayan Insurance Co., Inc. v. St. Francis
Square Realty Corp., G.R. Nos. 198916-17 & 198920-21, January 11, 2016,
citing Cyril M. Harris, McGraw-Hill, Dictionary of Architecture and Construction
(Fourth Edition), p. 251)

CONSTRUCTIVE CONTEMPT
 
See "Indirect Contempt"

CONSTRUCTIVE DELIVERY
 
A general term comprehending all those acts which, although not conferring
physical possession of the thing, have been held by construction of law
equivalent to acts of real delivery, as for example, the giving of the key to the
house, as constructive delivery of the house from the vendor to the
vendee. (Roman Catholic Archbishop of Manila v. Court of Appeals, G.R. No.
123321, March 3, 1997, citing Banawa v. Mirano, G.R. No. L-24750, May 16,
1980) SHTcDE

May be had through any of the following ways: the execution of a public
instrument evidencing the sale; symbolical tradition such as the delivery of the
keys of the place where the movable sold is being kept; traditio longa manu or
by mere consent or agreement if the movable sold cannot yet be transferred to
the possession of the buyer at the time of the sale; traditio brevi manu if the
buyer already had possession of the object even before the sale; and traditio
constitutum possesorium,where the seller remains in possession of the
property in a different capacity. (San Lorenzo Development Corp. v. Court of
Appeals, G.R. No. 124242, January 21, 2005, citing Rep. Act No. 386, Civil
Code of the Philippines (1949), as amended, arts. 1497 to 1500)

CONSTRUCTIVE DISCHARGE
 
See "Constructive Dismissal" (Unicorn Safety Glass, Inc. v. Basarte, G.R. No.
154689, November 25 2004)

CONSTRUCTIVE DISMISSAL
 
A "dismissal in disguise" or "an act amounting to dismissal but made to appear
as if it were not." It exists where there is cessation of work because continued
employment is rendered impossible, unreasonable or unlikely, as an offer
involving a demotion in rank and a diminution in pay. In some cases, while no
demotion in rank or diminution in pay may be attendant, constructive dismissal
may still exist when continued employment has become so unbearable because
of acts of clear discrimination, insensibility or disdain by the employer, that the
employee has no choice but to resign. Under these two definitions, what is
essentially lacking is the voluntariness in the employee's separation from
employment. (Doctor v. Nil Enterprises, G.R. No. 194001, November 22, 2017,
citing Galang v. Boie Takeda Chemicals, Inc., G.R. No. 183934, July 20, 2016)
Exists if an act of clear discrimination, insensibility, or disdain by
an employer becomes so unbearable on the part of the employee that it would
foreclose any choice by him except to forego his continued employment. (Fungo
v. Lourdes School of Mandaluyong, G.R. No. 152531, July 27, 2007,
citing Philippines Employ Services and Resources, Inc. v. Paramio, G.R. No.
144786, April 15, 2004)
A cessation of work because continued employment is rendered impossible,
unreasonable or unlikely, as when there is an offer involving
a demotion in rank or a diminution in pay or both or when a clear discrimination,
insensibility, or disdain by an employer becomes unbearable to the
employee. (CRC Agricultural Trading v. National Labor Relations Commission,
G.R. No. 177664, December 23, 2009, citing La Rosa v. Ambassador Hotel,
G.R. No. 177059, March 13, 2009)
An involuntary resignation resorted to when continued employment is rendered
impossible, unreasonable or unlikely; when there is a demotion in rank or a
diminution of pay; or when a clear discrimination, insensibility or disdain by an
employer becomes unbearable to the employee. (Mendoza v. Rural Bank of
Lucban, G.R. No. 155421, July 7, 2004, citing Blue Dairy Corp. v. NLRC, G.R.
No. 129843, September 14, 1999, 373 Phil. 179, 186)  cTECIA

A quitting when continued employment is rendered impossible, unreasonable or

unlikely as the offer of employment involves a demotion in rank or diminution in
pay. (Siemens Philippines, Inc. v. Domingo, G.R. No. 150488, July 28, 2008,
citing New Ever Marketing, Inc. v. Court of Appeals, G.R. No. 140555, July 14,
2005)

CONSTRUCTIVE FRAUD
 
A breach of legal or equitable duty which, irrespective of the moral guilt of the
fraud feasor, the law declares fraudulent because of its tendency to deceive
others, to violate public or private confidence, or to injure public interests. (Berico
v. Court of Appeals, G.R. No. 96306, August 20, 1993, citing 37 C.J.S. 211-212)
Construed as a fraud because of its detrimental effect upon public interests and
public or private confidence, even though the act is not done or committed with
an actual design to commit positive fraud or injury upon other persons. (Heirs of
Roxas v. Court of Appeals, G.R. No. 118436, March 21, 1997)

CONSTRUCTIVE POSSESSION
 
While possession need not mean actual physical control over the thing for it may
include constructive possession, it is still necessary that for possession to be
deemed constructive the accused knowingly has the power and the intention at a
given time to exercise dominion or control over a thing, either directly or through
another person. (Mabunga v. People, G.R. No. 142039, May 27, 2004, citing
Black’s Law Dictionary at 1163)

CONSTRUCTIVE RECEIPT
 
Occurs when the money consideration or its equivalent is placed at the control of
the person who rendered the service without restrictions by the payor. (Ericsson
Telecommunications, Inc. v. City of Pasig, G.R. No. 176667, November 22,
2007, citing Revenue Regulations No. 16-05, Consolidated Value-Added Tax
Regulations of 2005, sec. 4.108-4)
CONSTRUCTIVE TRUST
 
A trust not created by any words, either expressly or impliedly, evincing a direct
intention to create a trust, but by the construction of equity in order to satisfy the
demands of justice. It does not arise by agreement or intention but by operation
of law. (Salvatierra v. Court of Appeals, G.R. No. 107797, August 26, 1996,
citing Ramos v. Ramos, G.R. No. L-19872, December 3, 1974)  CHDTEA

A trust by operation of law which arises contrary to intention and in invitum,

against one who, by fraud, actual or constructive, by duress or abuse of
confidence, by commission of wrong, or by any form of unconscionable conduct,
artifice, concealment, or questionable means, or who in any way against equity
and good conscience, either has obtained or holds the legal right to property
which he ought not, in equity and good conscience, hold and enjoy. (Policarpio v.
Court of Appeals, G.R. No. 116211, March 7, 1997, citing Sumaoang v. Judge,
RTC Br. XXXI, Guimba, Nueva Ecija, G.R. No. 78173, October 26, 1992)

CONSULTANT
 
One who provides professional advice on matters within the field of his specific
knowledge or training. (Joson v. Office of the Ombudsman, G.R. Nos. 210220-
21, April 6, 2016, citing Posadas v. Sandiganbayan, 714 Phil. 248 (2003))

CONSULTATION
 
A deliberation of persons on some subject. (Juliano v. Commission on Elections,
G.R. No. 167033, April 12, 2006, Black's Law Dictionary, p. 286, 5th Ed.
(1979)) aScITE

The constitutionally mandated process whereby the public, on their own or

through people's organizations, is provided an opportunity to be heard and to
participate in the decision-making process on matters involving the protection
and promotion of its legitimate collective interests, which shall include
appropriate documentation and feedback mechanisms. (Rep. Act No.
7279, Urban Development and Housing Act of 1992, as amended, sec. 3(d))
CONSULTING ARCHITECT
 
The architect registered and licensed or permitted to practice under this Act, who
is professionally and academically qualified and with exceptional or recognized
expertise or specialization in any branch of architecture. (Rep. Act No.
9266, Architecture Act of 2004, sec. 3(2))

CONSULTING SERVICES
 
Services for Infrastructure Projects and other types of projects or activities of
the Government requiring adequate external technical and professional expertise
that are beyond the capability and/or capacity of the government to undertake
such as, but not limited to: (i) advisory and review services; (ii) pre-investment or
feasibility studies; (iii) design; (iv) construction supervision; (v) management and
related services; and (vi) other technical services or special studies. (Rep. Act
No. 9184, Government Procurement Reform Act (2003), sec. 5(f))

CONSUMER
 
A natural person who is a purchaser, lessee, recipient or prospective purchaser,
lessor or recipient of consumer products, services or credit. (Rep. Act No.
7394, Consumer Act of the Philippines (1992), art. 4(n))

CONSUMER CREDIT
 
Any credit extended by a creditor to a consumer for the sale or lease of any
consumer product or service under which part or all of the price or payment
therefor is payable at some future time, whether in full or in installments. (Rep.
Act No. 7394, Consumer Act of the Philippines (1992), art. 4(o))

CONSUMER GOODS
 
Goods which are used or bought for use primarily for personal, family or
household purposes. Such goods are not intended for resale or further use in the
production of other products. (Marsman & Company, Inc. v. First Coconut
Central Company, Inc., G.R. No. L-39841, June 20, 1988, citing Black's Law
Dictionary, 5th ed.)

CONSUMER LOAN
 
A loan made by the lender to a person which is payable in installments for which
a finance charge is or may be imposed. This term includes credit transactions
pursuant to an open-end credit plan other than a seller credit card. (Rep. Act
No. 7394, Consumer Act of the Philippines (1992), art. 4(p))

CONSUMER PRODUCT SAFETY RULE

 
A consumer product safety standard described in Article 78 or a rule under this
Chapter (Chapter IV — Labeling and Fair Packaging) declaring a consumer
product banned hazardous product. (Rep. Act No. 7394, Consumer Act of the
Philippines (1992), art. 4(r)) 

CONSUMER PRODUCTS AND SERVICES

 
Goods, services and credits, debts or obligations which are primarily for
personal, family, household or agricultural purposes, which shall include but not
limited to food, drugs, cosmetics, and devices. (Air Philippines Corp. v.
Pennswell, Inc., G.R. No. 172835, December 13, 2007, citing Rep. Act No.
7394, Consumer Act of the Philippines (1992), art. 4(q))

CONSUMER PYROTECHNICS
 
Devices readily available for purchase by the general public with little or no
special licensing and training. They are considered low hazard and may be used
outside fireworks zone and community fireworks display, but like all pyrotechnics,
can still be hazardous if not stored, handled and used
appropriately. (Implementing Rules and Regulations Governing the
Administration and Enforcement of EO No. 28 s. 2017 (2017), rule 2, sec. 2)
CONSUMER TRANSACTION
 
(1) (i) A sale, lease, assignment, award by chance, or other disposition of
consumer products, including chattels that are intended to be affixed to land, or
of services, or of any right, title, or interest therein, except securities as defined in
the Securities Act and contracts of insurance under the Insurance Code, or (ii)
grant of provision of credit to a consumer for purposes that are primarily
personal, family, household or agricultural, or (2) a solicitation or promotion by
a supplier with respect to a transaction referred to in clause (1). (Rep. Act No.
7394, Consumer Act of the Philippines (1992), art. 4(s))

CONSUMERS COOPERATIVE
 
One that promotes and undertakes savings and lending services among its
members. It generates a common pool of funds in order to provide financial
assistance and other related financial services to its members for productive and
provident purposes. (Rep. Act No. 6938, Philippine Cooperative Code of 2008,
art. 23(1)(b), as amended by Rep. Act No. 9520 (2009))

CONSUMMATED FELONY
 
When all the elements necessary for the execution and accomplishment of a
felony are present. (Act No. 3815, Revised Penal Code (1930), art. 6)

CONTAINED USE
 
Any operation, undertaken within a facility, installation or other physical structure,
which involves genetically modified organisms that are controlled by specific
measures that effectively limit their contact with, and their impact on, the external
environment. (National Biosafety Network, sec. 3, par. 3(4), as provided in Exec.
Order No. 514, Establishing the National Biosafety Framework (2006), sec. 1)
CONTAINER VAN
 
A standardized reusable steel box used for the safe, efficient and secure storage
and movement of materials and products within an intermodal freight transport
system where the cargo carried in the container van can be moved from one (1)
mode of transport to another without having to unload or reload the contents of
such container van. (Rep. Act No. 10668 (2015), sec. 2 (b))

CONTAMINANT
 
Any substance not intentionally added to food which is present in such food as a
result of the production (including operations carried out in crop industry, animal
husbandry and veterinary medicine) post-harvest handling, manufacturing,
processing, preparation, treatment, packing, packaging, transport or holding of
such food as a result of environmental contamination. (Rep. Act No.
10611, Food Safety Act of 2013, sec. 4 (d))

CONTAMINATION
 
The introduction of substances not found in the natural composition of water that
make the water less desirable or unfit for intended use. (Rep. Act No.
9275, Philippine Clean Water Act of 2004, sec. 4(h))

CONTEMPORANEA EXPOSITIO
 
Contemporaneous exposition, or construction; a construction drawn from the
time when, and the circumstances under which, the subject-matter to be
construed, such as a custom or statute, originated. (People v. Martin S. Simon,
G.R. No. 93028, July 29, 1994, citing Black's Law Dictionary, 4th ed., 390)

CONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSIMA IN LEGE

 
Contemporaneous exposition or construction is the best and strongest in the
law. (People v. Puno, G.R. No. 97471, February 17, 1992, citing 2 Inst. 11;
Black's Law Dictionary, Fourth Edition, 390)

CONTEMPORARY CONSTRUCTION, PRINCIPLE OF

 
See "Principle of Contemporary Construction"

CONTEMPT OF COURT
 
A willful disregard or disobedience of a public authority. In its broad sense,
contempt is a disregard of, or disobedience to, the rules or orders of a legislative
or judicial body or an interruption of, its proceedings by disorderly behavior or
insolent language in its presence or so near thereto as to disturb its proceedings
or to impair the respect due to such a body. In its restricted and more usual
sense, contempt comprehends a despising of the authority, justice, or dignity of a
court. (Lorenzo Shipping Corp. v. Distribution Management Association of the
Philippines, G.R. No. 155849, August 31, 2011, citing 17 CJS, Contempt, § 1)
Defiance of court authority that tends to degrade the dignity of the court and bring
the administration of the law into disrespect, or an act that interferes with or
prejudices parties-litigants or their witnesses during litigation thereby impeding
the administration of justice. (Dominador C. Villa v. Government Service
Insurance System, G.R. No. 174642, October 30, 2009, citing Regalado v. Go,
G.R. No. 167988, February 6, 2007)  CSTDEH

Some act or conduct which tends to interfere with the business of the court, by a
refusal to obey some lawful order of the court, or some act of disrespect to the
dignity of the court which in some way tends to interfere with or hamper the
orderly proceedings of the court and thus lessens the general efficiency of the
same. (Español v. Formoso, G.R. No. 150949, June 21, 2007, citing In re Jones,
G.R. No. L-3895, December 14, 1907, 9 Phil. 347)
A defiance of the authority, justice or dignity of the court; such conduct as tends
to bring the authority and administration of the law into disrespect or to interfere
with or prejudice parties litigants or their witnesses during litigation. (Spouses
Arleen and Lorna Oliveros v. Dionisio C. Sison, A.M. No. RTJ-07-2050, October
29, 2008)
A 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 court's order,
but such conduct which tends 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. It is a defiance of the authority, justice, or dignity of the
court which tends to bring the authority and administration of the law into
disrespect or to interfere with or prejudice party-litigants or their witnesses during
litigation. (Digital Telecommunications Philippines, Inc. v. Cantos, G.R. No.
180200, November 25, 2013, citing Bank of the Philippine Islands v. Calanza,
G.R. No. 180699, October 13, 2010)

CONTENT-BASED RESTRAINT
 
A type of prior restraint on speech that is based on the subject matter of the
utterance or speech. (Chavez v. Gonzales, G.R. No. 168338, February 15, 2008)

CONTENT-NEUTRAL REGULATION
 
A type of prior restraint on speech that is merely concerned with the incidents of
the speech, or one that merely controls the time, place or manner, and under
well-defined standards. (Chavez v. Gonzales, G.R. No. 168338, February 15,
2008, citing Burgos v. Chief of Staff, G.R. No. 64261, December 26, 1984, 218
Phil. 754) 

CONTEST
 
An earnest struggle for superiority or victory. (DOJ Opinion No. 052, s. 2008,
citing Websters' Third New International Dictionary (Unabridged), 492 (1993))

CONTESTED CASE
 
Any proceeding, including licensing, in which the legal rights, duties or privileges
asserted by specific parties as required by the Constitution or by law are to be
determined after hearing. (Exec. Order No. 292, Administrative Code of 1987, as
amended, sec. 2(5), chap. 1, book VII)
CONTIGENCY
 
In construction parlance, is an amount of money, included in the budget for
building construction, that is uncommitted for any purpose, intended to cover the
cost of unforeseen factors related to the construction which are not specifically
addressed in the budget. (Malayan Insurance Co., Inc. v. St. Francis Square
Realty Corp., G.R. Nos. 198916-17 & 198920-21, January 11, 2016, citing Cyril
M. Harris, McGraw-Hill, Dictionary of Architecture and Construction (Fourth
Edition), p. 251)

CONTIGENCY PLANNING
 
A management process that analyzes specific potential events or emerging
situations that might threaten society or the environment and establishes
arrangements in advance to enable timely, effective and appropriate responses
to such events and situations. (Rep. Act No. 10121, Philippine Disaster Risk
Reduction and Management Act of 2010, sec. 3(g))

CONTIGUOUS
 
In close proximity; neighboring; adjoining; near in succession; in actual close
contact; touching in at a point or along a boundary; bounded or traversed
by. (Roman Catholic Bishop of Kalibo, Aklan v. Municipality of Buruanga, Aklan,
G.R. No. 149145, March 31, 2006, citing Black's Law Dictionary)
(a) In physical contact; (b) touching along all or most of one side; (c) near, [n]ext,
or adjacent. (Navarro v. Executive Secretary, G.R. No. 180050, February 10,
2010, citing Webster's New World Dictionary, 1972 Ed., p. 307)

CONTINGENT BENEFIT PLANS

 
A plan the timing of the provision of the benefits of which is conditional on the
occurence of the contingency. (Rep. Act No. 9829, Pre-Need Code of the
Philippines (2009), sec. 4(r))
CONTINGENT CLAIM
 
One which, by its nature, is necessarily dependent upon an uncertain event for
its existence or validity. It may or may not develop into a valid enforceable claim,
and its validity and enforceability depending upon an uncertain event. (In Re:
Florencio P. Buan v. Sylvina C. Laya, G.R. No. L-7593, December 24, 1957,
citing E. Gaskell & Co. v. Tan Sit, G.R. No. L-18405, September 23, 1922, 43
Phil. 810)

CONTINGENT FEE
 
A fee charged for a lawyer's services only if the lawsuit is successful or is
favorably settled out of court. (Roxas v. De Zuzuarregui, G.R. Nos. 152072 &
152104, January 31, 2006, citing Black's Law Dictionary, p. 315, 7th Edition
(1999))

CONTINGENT FEE CONTRACT

 
An agreement in writing where the fee, often a fixed percentage of what may be
recovered in the action, is made to depend upon the success of the
litigation. (Villarama v. De Jesus, G.R. No. 217004, April 17, 2017, citing The
Conjugal Partnership of the Spouses Cadavedo v. Lacaya, G.R. No. 173188,
January 15, 2014)

CONTINUE
 
To go on in a specified course of action or condition. (Basher v. Commission on
Elections, G.R. No. 139028, April 12, 2000, citing Webster's New World
Dictionary, 2nd College ed. (1974))

CONTINUED CRIME
 
A single crime consisting of a series of acts but all arising from one criminal
resolution. It is a continuous, unlawful act or series of acts set on foot by a single
impulse and operated by an unintermittent force, however long a time it may
occupy. Although there are series of acts, there is only one crime committed.
Hence, only one penalty shall be imposed. (Mallari v. People, G.R. No. 58886,
December 13, 1988)

CONTINUING APPROPRIATION
 
An appropriation available to support obligations for a specified purpose or
project, even when these obligations are incurred beyond the budget
year. (Exec. Order No. 292, Administrative Code of 1987, as amended, sec.
2(6), chap. 1, book VI)

CONTINUING CRIME
 
See "Continued Crime"

CONTINUING GUARANTY
 
One which is not limited to a single transaction, but which contemplates a future
course of dealing, covering; a series of transactions, generally for an indefinite
time or until revoked. It is prospective in its operation and is generally intended to
provide security with respect to future transactions within certain limits, and
contemplates a succession of liabilities, for which, as they accrue, the guarantor
becomes liable. Otherwise stated, a continuing guaranty is one which covers all
transactions, including those arising in the future, which are within the description
or contemplation of the contract of guaranty, until the expiration or termination
thereof. A guaranty shall be construed as continuing when by the terms thereof it
is evident that the object is to give a standing credit to the principal debtor to be
used from time to time either indefinitely or until a certain period; especially if the
right to recall the guaranty is expressly reserved. Hence, where the contract
states that the guaranty is to secure advances to be made "from time to time," it
will be construed to be a continuing one. (Philippine Blooming Mills, Inc. v. Court
of Appeals, G.R. No. 142381, October 15, 2003, citing Diño v. Court of Appeals,
G.R. No. 89775, November 26, 1992)
CONTINUING MANDAMUS
 
A judicial discipline wherein the Court may, under extraordinary circumstances,
issue directives with the end in view of ensuring that its decision would not be set
to naught by administrative inaction or indifference. (Metro Manila Development
Authority (MMDA) v. Concerned Residents of Manila Bay, G.R. Nos. 171947-48,
December 18, 2008)
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 is fully
satisfied. (Rules of Procedure for Environment Cases, A.M. No. 09-6-8-SC, April
13, 2010, sec. 4(c))

CONTINUING PROFESSIONAL DEVELOPMENT

 
The inculcation of advanced knowledge, skills and ethical values in a post-
licensure specialization or in an inter- or multidisciplinary field of study, for
assimilation into professional practice, self-directed research and/or lifelong
learning. (Rep. Act No. 10912, Continuing Professional Development Act of
2016, sec. 3 (f))

CONTINUITY PLAN
 
A list of contingency measures, and the policies for activation of such, that are
put in place to ensure continuous operation of the automated election
system. (Rep. Act No. 9369 (2007), sec. 2, par. 10)

CONTINUOUS
 
Uninterrupted, unbroken and not intermittent or occasional. (Heirs of Arzadon-
Crisologo v. Ranon, G.R. No. 171068, September 5, 2007, citing Director of
Lands v. Intermediate Appellate Court, G.R. No. 68946, May 22, 1992 citing
Black's Law Dictionary (Fifth ed.), p. 291)

CONTINUOUS CRIME
 
See "Continued Crime" (Santiago v. Garchitorena, G.R. No. 109266,
December 2, 1993)

CONTINUOUS EASEMENT
 
An easement the use of which is or may be incessant, without the intervention of
any act of man. (Rep. Act No. 386, Civil Code of the Philippines (1949), as
amended, art. 615)

CONTRA NON VALENTEM AGERE NULLA CURRIT PRAESCRIPTIO

 
No prescription shall run against a person unable to bring an action. (Presidential
Ad Hoc Committee on Behest Loans v. Tabasondra, G.R. Nos. 133756 &
133757, July 4, 2008)

CONTRABAND
 
Any property which is unlawful to produce or possess. It refers to goods which
are exported and imported into a country against its laws. (Magat, Jr. v. Court of
Appeals, G.R. No. 124221, August 4, 2000, citing Black's Law Dictionary,
Abridged Fifth Edition, p. 170)

CONTRACT
 
A meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service. (Quisumbing
v. Garcia, G.R. No. 175527, December 8, 2008, citing Rep. Act No. 386, Civil
Code of the Philippines (1949), as amended, art. 1305)
A juridical convention manifested in legal form, by virtue of which one or more
persons bind themselves in favor of another, or others, or reciprocally, to the
fulfillment of a prestation to give, to do, or not to do. There can be no contract
unless the following concur: (a) consent of the contracting parties; (b) object
certain which is the subject matter of the contract; (c) cause of the obligation
which is established. (Sanchez v. Mapalad Realty Corp., G.R. No. 148516,
December 27, 2007, citing Swedish Match, AB v. Court of Appeals, G.R. No.
128120, October 20, 2004)

CONTRACT-ADD-AND-OPERATE
 
A contractual arrangement whereby the project proponent adds to an existing
infrastructure facility which it is renting from the government. It operates the
expanded project over an agreement franchise period. There may, or may not
be, a transfer arrangement in regard to the facility. (Rep. Act No. 6957, Build-
Operate-Transfer Law (1990), sec. 2(g), as amended by Rep. Act No. 7718
(1994), sec. 2)

CONTRACT-BAR POLICY
 
The representation status of the incumbent exclusive bargaining agent which is a
party to a duly registered collective bargaining agreement shall be for a term of
five (5) years from the date of the effectivity of the collective bargaining
agreement. No petition questioning the majority status of the incumbent
exclusive bargaining agent or petition for certification election filed outside of
the sixty-day period immediately preceding the expiry date of such five-year term
shall be entertained by the Department. The five-year representation status
acquired by an incumbent bargaining agent either through single enterprise
collective bargaining or multi-employer bargaining shall not be affected by a
subsequent collective bargaining agreement executed between the same
bargaining agent and the employer during the same five-year period. (DOLE
Department Order No. 40-03, Amending the Implementing Rules of Book V of
the Labor Code of the Philippines, February 17, 2003, sec. 7, rule XVII)