Laches, on the other hand, is an equitable doctrine that bars a claim due to a party’s undue delay in asserting a right, which results in prejudice to the opposing party. Unlike…
Category: Terms
Social Justice
What is social justice? From Calalang vs. Williams Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces…
What is ex post facto law?
Ex post facto is a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law. In simpler terms, it punishes someone for an action…
Hearsay
What is hearsay? In a general sense, hearsay means rumor or a statement from someone other than the one who declares. In evidence, it is called hearsay in court or hearsay evidence. …
Notarization
What is notarization? Is any act that a notary public is empowered to perform under the Rules on Notarial Practice which includes: Notarization is not an empty, meaningless, routinary act. (Dela Cruz vs….
Probable Cause
Probable cause is the existence of facts and circumstances that engenders a well-founded belief that a crime is more likely than not committed, that the respondent is probably guilty and should be…
Precarium
Precarium is a specie of commodatum where the bailor can demand the return of the thing at will. This is a contractual relationship. (Art. 1947) The original word for precarium is precarious…
Res Judicata
is a rule that a final judgment on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all subsequent suits on…
Rebus Sic Stantibus
The contract can only be valid if the conditions prevailing at the time of contracting continue to exist at the time of performance. If the conditions have changed that it becomes manifestly…
Semper Praesumitur Pro Matrimonio
means “the law always presume marriage”. Semper = “always”; Praesumitur = presume; pro matrimony = “for marriage” In Perido vs. Perido, the children of Lucio Perido and Marcelina are presumed to be…
English