Legal Jargons
1. Pro Bono - Legal work done voluntarily without payment, typically for the
public good or for individuals who cannot afford legal representation.
Example: Junior belongs to underprivileged, that’s why I will represent him
as pro bono client.
2. Habeas Corpus - A writ that requires a person under arrest to be brought
before a judge or into court, especially to secure the person's release unless
lawful grounds are shown for their detention.
Example: If Crisencio will not be charge within 36 hours, we will be filing a
writ of habeas corpus before the RTC.
3. Juror – A selected person who will act as a judge on a particular case
Example: We should convince the jurors that the allegation against our
client Junior is not based on facts.
4. Perjury - The act of deliberately giving false or misleading information
while under oath or affirmation in a court of law.
Example: After series of inconsistent answer made by Quibuloy, He is
warned by Senator Hontiveros that he will be liable for perjury if found out
that he is not saying the truth.
5. Prima Facie - Latin for "at first sight" or "on its face." Refers to evidence
that, unless rebutted, is sufficient to prove a particular proposition or fact.
Example: B bumped his car to the store owned by C, he is prima facie liable
to the damages it caused.
6. Stare Decisis - Latin for "to stand by things decided." The legal principle of
determining points in litigation according to precedent, ensuring consistency
and predictability in court rulings.
Example: The jurors cannot apply the case to our client because there is
different issue on the Stare Decisis.
7. Non-suability – a legal principle that the government cannot be sued
without its consent.
Example: Secretary A being a government employee cannot be sued for
damages done in the exercise of his duty.
8. Ex Parte - Latin for "from one party." Refers to legal proceedings where
only one party (typically the petitioner) is present or represented.
Example: After the default of the defendant in submitting their affidavits
and other pleadings, the court will now resolve the case ex parte.
9. Obligor- the person who is bound to perform a certain prestation.
Example: A agreed to sell the horse to B. After the payment thereof, A is
the obligor to deliver the thing ordered by B.
10.Tort - A civil wrong that causes harm or loss to another, giving rise to legal
liability, which may be compensated through damages.
Example: Breach of contract may be a tort, because it can cause certain
losses or injury to other party.
11.Affidavit - A written statement made under oath or affirmation, typically
used as evidence in court proceedings.
Example- The witness should submit their affidavit attached to the
complaint.
12.Arraignment - The formal process in which a defendant is brought before a
court to hear the charges against them and enter a plea.
Example-After the arrest, he is now scheduled for arraignment within 10
days from his detention.
13.Brief - A written legal document that presents arguments and summarizes
the facts and law relevant to a case, typically submitted to a court by
attorneys.
Example- The court asked the counsel of both parties to submit their written
brief for easy resolution of the case.
14.Circumstantial Evidence - Evidence that indirectly suggests a fact rather
than directly proving it, based on inference and deduction.
Example- We can infer the intention of the criminal based on the
circumstantial evidence of this case.
15.Contempt of Court - Disobeying or showing disrespect for the authority or
orders of a court, which can result in sanctions or penalties.
Example- The counsel after its unethical behavior was cited in contempt of
court by the judge.
16.Cross-examination - The questioning of a witness by the opposing party
during a trial, typically aimed at challenging the witness's testimony or
credibility.
Example-After the prosecution done with his witness, the judge asked the
opposing counsel for cross-examination
17.Defendant - The party in a legal proceeding who is accused of committing a
wrongdoing and is being sued or prosecuted.
Example-The defendant who pleaded guilty to the crime charge and
invoked self-defense, the burden of proving the same lies now on his part.
18.Hearsay - An out-of-court statement offered as evidence to prove the truth
of the matter asserted, generally not admissible unless an exception applies.
Example-The argument of A is merely based on hearsay, it would probably
inadmissible as evidence based on the discretion of the court.
19.Adjudication - The legal process of resolving a dispute by a judge or court.
Example- The court is presumed impartial during their adjudication of the
case.
20.Allegation - A statement made by one party in a legal proceeding, which
may or may not be proven or admitted by the opposing party.
Example-The prosecution has the duty to prove their allegation beyond
reasonable doubt.
21.Appellate Court - A court with the authority to review decisions made by
lower courts, typically on appeal by one of the parties involved in the
original case.
Example-MTC is not an appellate court.
22.Bail - The temporary release of a defendant from custody, typically secured
by posting a bond or other form of security to ensure their appearance in
court.
Example-A person under bail cannot assure that he is innocent.
23.Bench Trial - A trial in which a judge, rather than a jury, decides the facts
and renders a verdict.
Example- In the Philippines, we practice a bench trial as opposed to a jury.
24.Beyond a Reasonable Doubt - The high standard of proof required in
criminal cases, where the evidence must convince the trier of fact (judge or
jury) that the defendant is guilty to a moral certainty.
Example-My client cannot be convicted except beyond reasonable doubt.
25.Burden of Proof - The obligation to present evidence and prove the truth of
one's allegations or defenses in a legal proceeding.
Example-The prosecution has the burden of proof to convict our client for
murder.
26.Certiorari - A writ issued by a higher court directing a lower court to send
up the record of a case for review.
27.Common Law - The body of law derived from judicial decisions and
precedents, rather than statutes or regulations.
Example- America practiced the common law in their adjudication.
28.Jurisprudence - The theory or philosophy of law, including the study of
legal principles, theories, and systems.
Example- Jurisprudence have the force and effect of a law.
29.Lien - A legal right or interest that a creditor has in a debtor's property as
security for a debt or obligation.
Example-The property of the accused is attached as a lien in an obligation.
30.Moot - A legal issue or case that is no longer relevant or requires a decision,
typically because the matter has been resolved or there is no practical relief
that can be granted.
Example- The filing of a petition against martial law after its revocation will
lead the case moot.
31.Preliminary Injunction - A court order issued at the beginning of a legal
action to preserve the status quo or prevent imminent harm until the case is
resolved.
Example- During appeal, the party asked for a preliminary injunction of its
prior order.
32.Breach of Contract: The failure to perform a contractual obligation without
a lawful excuse
Example- The plaintiff sued the defendant for breach of contract after they
failed to deliver the goods as specified in the agreement
33.Fraud: Intentional deception or misrepresentation that results in harm or
loss to another party.
Example: The businessman was convicted of fraud for knowingly providing
false financial statements to investors.
34.Grievance: A formal complaint or allegation of wrongdoing, typically
addressed through internal processes or legal action.
Sentence: The employee filed a grievance against the company, alleging
discrimination and harassment in the workplace
35.Misdemeanor: A criminal offense less serious than a felony, typically
punishable by fines or imprisonment for less than one year.
Sentence: The defendant was charged with misdemeanor assault for his
involvement in a bar fight
36.Notary Public: A public official authorized to witness and certify the
signing of legal documents and administer oaths.
Example: The notary public notarized the power of attorney, verifying the
signatures of the parties involved.
37.Probable Cause: A reasonable belief that a person has committed or is
about to commit a crime, required for certain law enforcement actions such
as arrest or search.
Example: The police officer had probable cause to search the vehicle after
observing drug paraphernalia in plain view.
38.Voidable: A contract or agreement that is valid and enforceable unless one
of the parties chooses to void or rescind it due to certain circumstances such
as fraud, duress, or incapacity.
Example: The minor had the option to void the contract upon reaching
adulthood, as it was considered voidable due to his lack of capacity to enter
into a legally binding agreement
39.Plea Bargain: An agreement between a defendant and prosecutor where the
defendant agrees to plead guilty to a lesser charge or receive a lighter
sentence in exchange for cooperating or avoiding trial.
Example- During pre-trial, the accused may be allowed to settle the case
through plea bargain.
40.Statute- the law passed by congress.
Example-Courts other than the Supreme Court are courts by virtue of
Statute.
41.Ordinance- a local law passed by municipal board member.
Example-An expropriation should be based on ordinance passed by
legislative body.
42.Police power- the power to regulate the use of liberty for public purpose
43.Power of taxation- the power to exact funds from the people to support the
governmental operations.
44.Eminent domain- power to take private property for public purpose with
just compensation.
45.Complaint- a sworn written statement subscribe by the complainant and
filed to the prosecutor’s office.
46.Counter-claim- it is an answer made by the defendant claiming that the
plaintiff is the one responsible for the violative act.
Example- Defendant made a counter-claim in its answer on the allegations
made against him by the plaintiff.
47.Trial- the process wherein both parties are given the chance to prove their
claims and defenses.
48.Plaintiff- the person who is aggrieved from the act or omission made by the
defendant.
49.Defendant- the person accused of having violated the right of the plaintiff.
50.Litigants- the parties in a litigation
Example- the plaintiff and defendant are litigants of the present case.
51.Accused- the person who is alleged to be responsible for the crime or
violation of others right.
52.Justice- the due to be given by the person who has the right over an act who
is unlawfully injured by other.
Example- The end sought by the parties is no other than Justice.
53.Cause of action- the legal right of a person being damage by the other
person thru an act or omission.
Example- a person who is claiming some obligation must derived his right
from the sources of obligation to attach his cause of action.
54.Due process- the right afforded to a person during the disposition of the
case.
55.Equal protection of the law- the principle that every person similarly
situated should be treated equally.
56.Jurisdiction- the authority of the court or body to decide on a particular
case.
Example- MTC has no jurisdiction to decide cases punishable by more than
6 years imprisonment.
57.Appeal- the right afforded to the adverse party to question or review the
judgment of the lower court
Example- A party who did not raised the issue before the lower court cannot
raise the same first time upon appeal.
58.Detention- the deprivation of a person’s liberty.
Example- Prisoner is held under the detention facility.
59.Corpus delicte- body of the crime
Example- A is liable as accessory after he was found of burying the body of
the crime
60. Accessory- a person who has knowledge of the crime without being a
principal or accomplice buried the body of the crime.
61.Principal- the person who is primarily liable being part of the actual
perpetration of the crime.
Example- Nardo who paid Narda to kill Ding is liable as principal by
inducement.
62.Doctrine- a repeated jurisprudence in a certain case.
Example- Non-suability is a well settled doctrine in a democratic
government that the government cannot be sued without its consent.
63.Justifying circumstances- an act which is not contrary to law.
Example- Leo is doing self-defense after Leona sufficiently provoked him.
64.Imprisonment- the actual detention of a person as a punishment for a
certain crime.
Example-The imprisonment for murder is reclusion Perpetua
65.Prisoner- a person who is detained and imprisoned inside a detention cell.
Example- a prisoner can be arrested without warrant if he escapes from jail.
66.Contract- the meeting of the minds between a parties.
Example- Obligation of a creditor should be from the contract.
67.Crime- an act or omission punishable by law.
Example- There is no crime if there is no law.
68.Damage- this is the sum of the amounts brought by the injury caused by an
accused.
Example- B is liable for damages to A due to wreck less driving.
69.Prerogatives- the vested right upon a governmental body.
Example- Determination of just compensation is a judicial prerogative.
70.Arrest- the actual physical restraint towards an accused.
Example-He will be arrested for violation of an ordinance.
71.Just compensation- the amount of money to be paid by the state for the
taking of a property
Example-Private property shall not be taken for public use without just
compensation
72.Prestation- the agreed act to be performed by both parties in a certain
contract.
Example- A agreed to sell to B his horse. Both of them is bound to perform
the prestation under their contract.
73.Judge- the person who is assigned to adjudicate the case brought before him.
Example- The judge should examine the probable cause to issue warrant of
arrest.
74.Counsel- commonly referred to as the lawyers of both parties.
Example- The government may provide a counsel to those who are unable
to afford for their services.
75.Tumultuous- a disturbance cause by at least 4 or more persons.
Example- Sedition is rising publicly and tumultuously to prevent a
particular body of the government from exercising their duties.
76.Sedition- is the rising publicly and tumultuously or any other means outside
legal methods.
Example-Sedition could be political or social end.
77.Rebellion-Any person who rise publicly taking arms against the government
for the purpose of overthrowing them.
Example-The person fight against the government using rifles are called
rebels because they are sought to commit rebellion.
78.Legislation- the process of crafting a law.
Example- Legislation is the primary prerogative of the Congress.
79.Acquittal- the legal verdict of not guilty.
Example- After trial, the accused was acquitted because there is no
sufficient proof beyond reasonable doubt.
80.Breach of contract - Failure to fulfill the terms of a contract without a legal
excuse or justification, giving rise to a cause of action for damages or other
remedies.
Example- A agreed to deliver the determinate thing to B upon demand for
payment on March 12. After the demand made on such date A did not
deliver the thing therefore he is liable for breaching of contract.
81.Dismissal - The termination or closure of a lawsuit or legal action by a
court, typically without a decision on the merits, often due to procedural
defects, lack of jurisdiction, or settlement.
Example- Castro filed a case against Digong for murder in MTC, but
dismissed by the court because it does not state a cause of action.
82.Double jeopardy - The constitutional principle that prohibits an individual
from being tried or punished twice for the same offense, protecting against
multiple prosecutions or punishments for the same conduct.
Example-A was convicted of thief before the MTC. He cannot be made
liable for another case of thief at other MTC because that will amount to
double jeopardy.
83.Fraud - Intentional deception
Example- a waiver of action for future fraud is void in a contract.
84.Felony- an act or omission punishable under the revised penal code
Example- a person who committed suicide cannot be held to have
committed a felony because such is absent from the RPC.
85.Delict- an act or omission punishable by law.
Example-a person who is liable for delict is presumed to have been.
86.Quasi-delict- an act or omission causes damage to another there being fault
or negligence.
Example-A driver who causes injury to his passenger is liable for quasi-
delict.
87.Dolo-means intention to commit a crime
Example- Under the RPC, a person could be criminally liable by means of
culpa (fault) or dolo (intent)
88.Expropriation- the process of filing a complaint before the court to acquire
a private property.
Example- Rule on expropriation is provided under rule 67 of the rules of
Court.
89.Culpa- is the negligent act caused damage to another.
Example-Breach of contract can be made by culpa.
90.Solution indebiti- a person who received something by mistake.
Example-A received 50 pesos for 20 pesos worth of coca-cola is duty bound
to return the excess amount because under quasi-contract it is Solution
indebiti.
91.Mandamus- a writ sought to compel a person or group to perform an act in
accordance with the mandate of their office.
Example- a government employee who is negligent on its work could be
compelled to perform by means of Mandamus.
92.Presumption of innocence- a courts perception towards an accused prior to
judgement of conviction.
Example- An accused is presumed to be innocent unless proven otherwise.
93.Witness- person or group who can testify before the court of a certain act
punishable by law.
Example-In the crime of treason, it is required that there be at least two
witnesses who can testify for the same overt act of levying war against the
enemy.
94.Bill of rights- the fundamental rights of a person under the constitution that
sought to delimit the exercised of governmental power.
Example- an accused is also protected under the Bill of rights.
95.Pro-reo- means pro accused.
Example- In case of doubt in the interpretation of the law on certain
criminal, it should be interpreted in favor of the accused.
96.Retroactivity- it is the backward effect of a law.
Example-as a general rule, all laws should be applied prospectively, unless
its retroactive application is provided.
97.Prospectivity- the opposite of retroactive effect.
Example- as a general rule, all laws should be applied prospectively, unless
its retroactive effect is provided.
98.Bicameral- composed of two chambers
Example-Congress is a bicameral body composed of Senate and HOR.
99.Resolution- an opinion of a certain body of the government.
Example-There is a resolution of both houses sought to amend certain
provision of the constitution.
100. Remedial law- prescribe the disposition of the substantive right.
Example- Remedial law is the manner to impose the substantive right of an
aggrieved party.
101. Correctional penalty- a punishment imposed on a certain person who
committed an act which is punishable by not more than six years
imprisonment.
Example-Prision correctional is a penalty ranging from 1 month and 1 day to
six years.
102. Juridical tie- the source of obligation between the parties.
Example- both parties are bound by the contract, the juridical tie.
103. Active subject- the person who has the right to demand for a certain
obligation.
Example- A obliged to sell the horse to B. After A breach the contract for not
delivering the same after the payment and demand of B, B is the active subject
against A.
104. Original Jurisdiction- the authority to decide a cased raise for the first time.
Example- MTC has the original jurisdiction over a case subject for summary
procedure.
105. Tax- the amount of money levied by the government towards its subject.
Example-the government may raise an amount to certain individual as a form of
tax.
106. Void - Legal term indicating that a contract or transaction is invalid from the
beginning and has no legal effect.
Example-Action for future fraud is void.
107. Arbitrary detention- when a public officer detains someone without legal
ground.
Example-Mario was arbitrarily detained by a police officer
108. Civil rights - Rights guaranteed by law to protect individuals from
discrimination and ensure equal treatment under the law, including rights to
freedom of speech, religion, and due process.
Example- We should not be afraid to speak up because that is part our civil rights.
109. Miranda rights - Legal rights guaranteed to individuals under arrest,
including the right to remain silent and the right to legal counsel.
Example-Before a police officer effected an arrest, he shall read before the
accused the Miranda Rights doctrine.
110. Parole - Conditional release of a prisoner from incarceration before the
completion of their sentence, subject to certain conditions and supervision.
Example- Before a prisoner could able to be release by parole, he should have
serve the minimum of his sentence.
111. Subpoena - Court order requiring a person to appear in court to testify as a
witness or produce documents or evidence.
Example-I will not appear in court unless there is a subpoena.
112. Fortuitous event- Those event which are unforeseen, or though foreseen but
inevitable.
Example- A person who is bound to deliver a thing is not liable on damages
caused by fortuitous event.
113. Ombudsman: Independent official appointed to investigate complaints
against government agencies or organizations.
Example-Public officer who is accused of plunder is under investigation before the
Ombudsman.
114. Adjournment-The postponement of a hearing or meeting.
Example-The Committee on women adjourned the inquiry while waiting for
Quiboloy to appear in the meeting.
115. Bar exam- The examination administered by the Supreme Court for the
aspiring lawyers.
Example-Before you will become a lawyer, you should have to pass the Bar
Exam.
116. Case-A dispute or claim between opposing parties presented in court.
Example- The case is already submitted for decision.
117. Libel- A false statement that sought to discredit the reputation of a person.
Example- Any person will be held liable under libel laws for false accusation that
damage someone’s honor.
118. Oath- An act of swearing the truth in court before God.
119. Plea- the accused answer to a charge.
Example-During arraignment, the accused will enter his plea.
120. Civil case-Any case that does not involve criminal charges.
Example-A filed a civil case against B to recover damages for breach of contract.
121. Evidence- the documents, testimony or other information presented by the
parties to the court to persuade the judge to rule in their favor.
Example- No person shall be allowed to post bail if he is charge with capital
punishment when evidence of guilt is strong.
122. Hearing- a time scheduled when the judge gives the parties an opportunity to
present evidence and testimony in support of their claims.
Example-After the pre-trial conference, those which are not admitted as evidence
are not allowed to be presented during the hearing subject to the discretion of the
court.
123.Res judicata- an issue that has been decided by the court and attains finality.
Example-the case cannot be appealed to SC because it is now barred under res
judicata after the lapse of 15 days.
124. Overruled- when a judge disagrees with the objection of the counsel and
allows the objected statement to remain valid.
Example-The objection of the prosecution was overruled after the judge finds the
statement material to the case.
125. Pre-trial- a conference wherein both parties may agree for settlement.
Example- An accused for violating RA 9165 plead guilty for a lesser offense
during pre-trial.
126. Dispositive portion- the final decision of the court after the trial of a certain
case.
Example- The dispositive portion of CA is reversed by the SC.
127. Sustain- when the judge agreed to the objection of either party.
Example-The prosecution objected on the presented evidence which was not
adduced during pre-trial and thereby sustained by the judge outright.
128. Action- is also called a case or lawsuit.
Example-Criminal action is one of the basis to determine the jurisdiction.
129. Appellant- the party appealing a decision or judgement to a higher court.
Example-The defendant is called appellant after he filed an appeal before the SC.
130. Certify- to testify in writing or to make known or establish as a fact.
Example-The medical certificate is authenticated by the certification of a
physician.
131. Conviction- to be found guilty of committing a crime.
Example- He is not allowed to avail for good conduct time allowance because he
had already a previous conviction.
132. Ejectment- a case filed against a person who is illegally occupying a property
without authority.
Example-Ejectment case would follow after a demand to pay and vacate was made
by the owner.
133. Pleadings- the court documents filed with the court by the parties in a civil or
criminal case.
Example-Pleadings are submitted in filing a motion to dismiss.
134. Prosecutor- a person who is a lawyer for the state.
Example-The prosecutor conduct an examination for the existence of probable
cause to file an information.
135. Bill- a written draft before it become a law.
Example-The RH bill would likely become a law due to the increase of
population.
136. Practice of law- any activities done by a lawyer in or out of court that
requires the application of legal knowledge and training.
Example-a lawyer who is giving advice on how to make a delicious bread is not
engaged in the practice of law.
137. Grave abuse of discretion- when a court or tribunal exceeds to the limitation
of its authority.
Example-The error made by the judge after dismissing the case with prejudice on
future appeal is tainted with grave abuse of discretion.
138. Judicial review- the authority of the Supreme Court to settle an actual case or
controversy.
Example- The court has the power of judicial review in interpreting the laws
passed by congress.
139. Ruling- the position of the court in a particular case.
Example-The ruling of the Supreme Court is final and become part of the law of
the land.
140. Ad hoc- for a particular purpose.
Example- The Senate created an ad hoc committee to investigate Mamasapano
encounter.
141. Alien- someone from a foreign country.
Example- Aliens are not allowed to run for a Philippine election.
142. Amnesty-an act of absolute forgiveness for a person who is convicted for
political offense.
Example-Senator Trillanos was convicted by an act of rebellion and was release
after Arroya granted him the amnesty.
143. Claimant- a person making a claim.
Example-A claimant cannot recover damages he did not raise in his complaint.
144. Conspiracy: An agreement between two or more people to commit a crime.
Example-As a general rule, Conspiracy to commit a felony is not punishable under
the law, except in those cases of rebellion, treason or sedition.
145. Judiciary- the branch of the government in charge with the interpretation of
the law.
Example-The Congress even though they created the law, the judiciary has the
power to interpret it.
146. In aid of legislation- an inquiry of congress with the purpose of crafting or
amending a law
Example-Senator Hontiveros investigated the allegation of human trafficking
against Quiboloy in aid of legislation.
147. Obligation- a juridical necessity to give, to do, or not to do.
Example-A contract is a source of an obligation.
148. Juridical necessity- means that in case of non-fulfillment of an obligation the
court may be ask to enforce its fulfillment.
Example-In an obligation, there is a juridical necessity to give, to do, or not to do.
149. Impeachment- a process of removing a highest government official in the
government.
Example-Chief Justice Renato corona was removed from office via impeachment.
150. Peoples initiative- a recognized legislative power to amend a specific
provision in the constitution by means of Peoples signature.
1. Impeachment- a process of removing a highest government official in the
government.
Habeas Corpus - A writ that requires a person under arrest to be brought
before a judge or into court, especially to secure the person's release unless
lawful grounds are shown for their detention
