Legal doctrines, from A to Z

Criminal liability is incurred by any person committing a felony, although the wrongful act be different from that which he intended.

People v. Flora, G.R. No. 125909, June 23, 2000

An absolute pardon not only blots out the crime committed but removes all disabilities resulting from the conviction; and that when granted after the term of imprisonment has expired, absolute pardon removes all that is left of the consequences of the conviction.

Flora v. Oximana, En Banc, G.R. No. L-19745, January 31, 1964

In order that accion in rem verso may prosper, the essential elements must be present: (1) that the defendant has been enriched, (2) that the plaintiff has suffered a loss, (3) that the enrichment of the defendant is without just or legal ground, and (4) that the plaintiff has no other action based on contract, quasi-contract, crime or quasi-delict. An accion in rem verso is considered merely an auxiliary action, available only when there is no other remedy on contract, quasi-contract, crime, and quasi-delict. If there is an obtainable action under any other institution of positive law, that action must be resorted to, and the principle of accion in rem verso will not lie.

University of the Philippines v. Philab Industries, Inc., G.R. No. 152411, September 29, 2004

Accion interdictal comprises two distinct causes of action, namely, forcible entry (detentacion) and unlawful detainer (desahuico) [sic]. In forcible entry, one is deprived of physical possession of real property by means of force, intimidation, strategy, threats, or stealth whereas in unlawful detainer, one illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied. The two are distinguished from each other in that in forcible entry, the possession of the defendant is illegal from the beginning, and that the issue is which party has prior de facto possession while in unlawful detainer, possession of the defendant is originally legal but became illegal due to the expiration or termination of the right to possess. The jurisdiction of these two actions, which are summary in nature, lies in the proper municipal trial court or metropolitan trial court. Both actions must be brought within one year from the date of actual entry on the land, in case of forcible entry, and from the date of last demand, in case of unlawful detainer. The issue in said cases is the right to physical possession.

Sps. Tobias v. Gonzales, G.R. No. 232176, February 17, 2021

Accion publiciana is the plenary action to recover the right of possession which should be brought in the proper regional trial court when dispossession has lasted for more than one year. It is an ordinary civil proceeding to determine the better right of possession of realty independently of title. In other words, if at the time of the filing of the complaint more than one year had elapsed since defendant had turned plaintiff out of possession or defendant's possession had become illegal, the action will be, not one of the forcible entry or illegal detainer, but an accion publiciana.

Sps. Tobias v. Gonzales, G.R. No. 232176, February 17, 2021

[A]ccion reivindicatoria is an action instituted to recover possession of a parcel of land as an element of ownership. "It is an action whereby the plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. The judgment in such a case determines the ownership of the property and awards the possession of the property to the lawful owner."

Sps. Tobias v. Gonzales, G.R. No. 232176, February 17, 2021

Acknowledgment. - 'Acknowledgment' refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and (c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. (Section 1, Rule II of the 2004 Rules on Notarial Practice)

Almario v. Atty. Llera-Agno, A.C. No. 10689, January 8, 2018

The act of state doctrine is one of the methods by which States prevent their national courts from deciding disputes which relate to the internal affairs of another State, the other two being immunity and non-justiciability. It is an avoidance technique that is directly related to a State's obligation to respect the independence and equality of other States by not requiring them to submit to adjudication in a national court or to settlement of their disputes without their consent. It requires the forum court to exercise restraint in the adjudication of disputes relating to legislative or other governmental acts which a foreign State has performed within its territorial limits.

PCGG v. Sandiganbayan, G.R. No. 124772, August 14, 2007

Actus reus pertains to the external or overt acts or omissions included in a crime's definition.

XXX v. People of the Philippines, G.R. No. 252739. April 16, 2024

Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon motion, issue an alias summons.

Rules of Court, Rule 14 (Summon)

The time honored albeit weather beaten but still is the prevailing doctrine in this jurisdiction is that alibi is the weakest defense for the reason that it can easily be concocted and fabricated and for this defense to hold water the physical impossibility for the accused to be at the scene of the crime at the particular hour and day of its commission must be established.

People v. Almazan, G.R. No. 133442. March 23, 2004

Ambulance chasing or the solicitation of almost any kind of business by an attorney, personally or through an agent, in order to gain employment, is proscribed; An act of chasing an ambulance carrying the victim of an accident for purpose of offering his legal services for filing a case against the person who caused the accident.

Zamora v. Atty. Gallanosa, A.C. No. 10738, Septembet 14, 2020

Amnesty is an act of the sovereign power that abolishes criminal liability for past political offenses, overlooks and obliterates the offense/s for which persons are charged, and allows these persons to stand before the law as though no offense has been committed.

National Amnesty Commission

Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction.

Labor Code

The “Archipelagic Doctrine” is a legal principle wherein an archipelago is to be regarded as a single unit, such that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of an archipelagic state, and are subject to its exclusive sovereignty. This is reflected in Part IV of the United Nations Convention on the Law of the Sea (UNCLOS) and enshrined in Article I of the Philippine Constitution.

DFA-MANAMo 2022