Foreclosure is the process by which a mortgagee acquires an absolute title to the property of which he had previously been only the conditional owner, or upon which he had previously a…
Category: Terms
Forum Shopping
Forum shopping is the institution of two or more actions involving the same parties for the same cause of action either simultaneously or successively, on the suspension that one or the other…
Culpa Aquiliana
Responsibility without a written contract, on the basis of a wrongful act. “Culpa” or culpability means responsibility arising from a wrongful act. Aquiliana – Latin “a” means without; “quill” means a pen…
Stare decisis
that once a question of law has been examined and decided, it should be deemed settled and closed to further argument. – Virtucio vs. Alegarbes
Question of Fact
There is a question of fact when the doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly…
Legal Standing or Locus Standi
A personal stake in the outcome of the controversy which: Assures the concrete adverseness Sharoens the presentation of the issues Illuminates the court for difficult constitutional questions (Memory aid: concrete sharp bulb)…
Unrestricted Retained Earnings (URE)
Unrestricted Retained Earnings (URE) are the accumulated profits and gains realized out of the normal and continuous operations of the company after deducting therefrom the distributions of stockholders (legal capital) and transfers…
Defamation
Defamation, which includes libel and slander, means the offense of injuring a person’s character, fame or reputation through false and malicious statements.5 It is that which tends to injure reputation or to…
Class Suit
A class suit is where one or more may sue for the benefit of all (Mathay vs. Consolidated Bank and Trust) or where the representation of class interest affect by the by…
Grave abuse of discretion
Grave abuse of discretion connotes judgment exercised in a capricious and whimsical manner that is tantamount to lack of jurisdiction. To be considered ‘grave,’ discretion must be exercised in a despotic manner…
English