A Glossary of Legal Terms used in the impeachment trial of Chief Justice Renato Corona Official Gazette of the Republic

of the
Saved to Dropbox 15 Nov 2016, 2:15 AM

Philippine Standard Time:

GOVPH Tuesday, November 15, 2016 2:15:38 AM
source: PAGASA

HOME / DOCUMENTS ON THE CORONA IMPEACHMENT TRIAL / A GLOSSARY OF LEGAL TERMS USED IN THE IMPEACHMENT TRIAL OF CHIEF JUSTICE RENATO CORONA

A Glossary of Legal Terms used in the

impeachment trial of Chief Justice Renato Corona
Version as of May 29, 2012

AFFIRMATIVE DEFENSE
An allegation of new matter which, while admitting the material allegations of the complaint, expressly or impliedly, would nevertheless
prevent or bar recovery by the plaintiff. (Sec. 5, Rule 6, Rules of Court)

ALIUNDE
The Latin aliunde means from another source; from elsewhere; from outside. It is often used to refer to evidence given aliunde when
meaning cannot be derived from a document or instrument itself. In certain cases, a written instrument may be explained by
evidence aliunde e.g. the testimony of a witness in conversations, admissions or preliminary negotiations. It is often used to refer to
evidence given aliunde when meaning cannot be derived from a document or instrument itself.

BETRAYAL OF PUBLIC TRUST

The term betrayal of public trust as explained by Commissioner Romulo, is a catch-all phrase to include all acts which are not
punishable by statutes as penal offenses, but nonetheless, render the of6cer un6t to continue in of6ce. It includes betrayal of public interest,
inexcusable negligence of duty, tyrannical abuse of power, breach of of6cial duty by malfeasance or misfeasance, cronyism, favoritism, etc., to
the prejudice of public interest and which tend to bring the of6ce in to dispute.

(Record of the Constitutional Commission, Proceedings and Debates, 272)

CERTIFICATE AUTHORIZING REGISTRATION

CertiZcation issued by the Bureau of Internal Revenue (BIR) attesting that the transfer of ownership of land, buildings or shares of stock
arising from sale, barter or exchange had been reported to the BIR and that taxes due have been fully paid.

DOLO AND CULPA

Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.

(Article 3 of the Revised Penal Code)

EMOLUMENT
Fees, Zxed salary, and compensation which the incumbent of an ofZce is by law entitled to receive because he holds such ofZce or
performed some service required of the occupant thereof. (F.B. Moreno, Philippine Law Dictionary [Manila, Vera-Reyes, Inc. 1988])

The term emolument includes salary, fees, compensation, perquisites, pensions, and retirement beneZts. (Philippine Constitution
Association Inc. v. Gimenez, 122 Phil 904)

EVIDENCE ALIUNDE
Such evidence other than those documents which the law requires to be produced to be produced in court for its examination. (Reforma v.
De Luna, 104 Phil 286)

EXPERT WITNESS
A person who by study or experience has acquired particular knowledge or experience upon matters of technical knowledge or experience
upon matters ot technical knowledge and skill relating to a speciZc business or employment. (Dilag & Co. V. Merced, 45 OG 5542)

GERRYMANDERING
A term employed to describe an apportionment of representative districts so contrived as to give an unfair advantage to the party in power.
(Ceniza v. Commission on Elections, L-52304, January 28, 2980; 95 SCRA 775)

GRAVAMEN
In Civil law and as used and understood in ordinary legal parlance, a lien and/or encumbrance is synonymous with gravamen. (Raminer v.
Investment & Development Inc., SP-08793, June 14, 1979)

JUDICIARY DEVELOPMENT FUND

Created by Presidential Decree No. 1949; a fund sourced from legal fees to augment the allowances of the members and personnel of the
Judiciary and to Znance the acquisition, maintenance, and repair of ofZce equipment and facilities.

MALVERSATION OF PUBLIC FUNDS

According to RA 1060: Malversation of public funds or property. Presumption of malversation. Any public of6cer who, by reason of the
duties of his of6ce, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate shall consent, or
through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise
be guilty of the misappropriation or malversation of such funds or property.

MONTHLY ALPHALIST OF PAYEES

A consolidated alphabetical list of income earners from whom taxes have been withheld by the payor of income for a given return period and
in whose behalf, the taxes were remitted. It contains a summary of information on taxes withheld and remitted through the monthly
remittance returns showing, among others, total amounts of income/gross sales/gross receipts and taxes withheld and remitted.

MOTION
A application for relief other than by a pleading. Sec 1, Rule 15, Rules of Court

An application for an order not included in a judgment.

An application made to a court or judge for the purpose of obtaining a ruling or order directing some act to be done in favor of the applicant.

MOTION FOR RECONSIDERATION

The purpose of a motion for reconsideration is to point out the Zndings and conclusions of the decision which, in the movants view, are not
supported by law or the evidence. The movant is, therefore, very often convined to the ampliZcation or further discussion of the same issues
already passed upon by the court. Siy v. Court of Appeals 138 SCRA 543

NET WORTH METHOD

A method used in determining the taxable income of a perso, based upon the general theory that money and other assets in cess of
liabilities of a taxpayer (after an accurate and proper adjustment of non-deductible items) not accounted for by his income tax returns, leads
to the inference that part of his income has not been reported. (Perez v. Court of Tax Appeals, 103 Phil 1167)

PETITION
A petition in common phrase is a request in writing and, in legal language, describes an application to a court in writing, in contradiction to a
motion which may be made viva voce. (verbally) Mendoza v. Hahn

PLEADING
Pleadings are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.
Sec. 1 Rule 6, Rules of Court

PRIMA FACIE EVIDENCE

Such as establishes a fact, and, unless revutted or explained by the evidencee, becomes conclusive, and is to be considered as if fully
proved. (People v. Nuque, 58 0G 8445)

Evidence which, standing alone unexplained or uncontradicted, is sufZcient to maintain the proposition afZrmed. It is such as, in judgement
of law, is sufZcient to establish the fact; and, if not rebutted, remains sufZcient for that purpose (People v. Solis, 64 OG 11260; 12 C.A.R. (2s)
287

RES JUDICATA
Latin for the thing has been decided and pertains to the principle that a Znal judgment of a competent court is conclusive upon the parties
in any subsequent litigation involving the same cause of action.

SALN
Statement of Assets and Liabilities. Every public ofZcer, after assuming ofZce, and within the month of January of every other year
thereafter, as well as upon the expiration of his term of ofZce, or upon his resignation or separation from ofZce, shall prepare and Zle with
the ofZce of the corresponding Department Head, or in the case of a Head of Department or chief of an independent ofZce, with the OfZce of
the President, or in the case of members of the Congress and the ofZcials and employees thereof, with the OfZce of the Secretary of the
corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year:
Provided, That public ofZcers assuming ofZce less than two months before the end of the calendar year, may Zle their statements in the
following months of January.

(Anti-Graft And Corrupt Practices Act Sec. 7)

SPECIAL ALLOWANCE FOR THE JUDICIARY

Created by Law (RA 9227), granting additional compensation in the form of special allowances for justices, judges and all other positions in
the judiciary with the equivalent rank of justices of the court of appeals and judges of the regional trial court equivalent to 100 percent of the
basic monthly speciZed for their respective salary grades; sourced from from legal fees.

SUBPOENA
A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted
by competent authority, or for the taking of his deposition. -Sec. 1 Rule 21, Rules of Court

A coercive process issued by the court or judge, stating the name of the court and the title of the action or investigation , directed to a
person and requiring him to attend the hearing on the trial of an action, at a stated date, time and place. Filipino Merchants Insurance Co. V.
Medina, 78 OG 3136

SUBPOENA AD TESTIFICANDUM
A process to compel the attendance of a person in court so that he may give testimony therein -Rizal Surety & Insurance Co. V. Ramos

SUBPOENA DUCES TECUM

A process directed to a person requiring him to bring with him any books, documents, or other things under his control, and to testify at the
hearing or the trial of an action, or at any investigation conducted under the law. Sec. 1 Rule 21, Rules of Court

ULTIMATE FACT
Information essential to a plaintiffs right of action or a defendants assertion of a defense.

REPUBLIC OF THE PHILIPPINES ABOUT GOVPH GOVERNMENT LINKS

All content is in the public domain Learn more about the Philippine The President
unless otherwise stated. government, its structure, how OfZce of the President

government works and the people OfZce of the Vice President

Senate of the Philippines
Privacy Policy behind it.
House of Representatives
Supreme Court
OfZcial Gazette
Court of Appeals
Open Data Portal
Sandiganbayan
Send us your feedback