1.1 ADMINISTRATION Richard C.

Raña

/ədˌminəˈstrāSH(ə)n/
Administration is the range of activities connected with
organizing and supervising the way that an organization or
institution functions.

The performance of executive duties in an institution or

business. In government, the practical management and
direction of some department or agency in the Executive
Branch; in general, the entire class of public officials and
employees managing the executive department.

1.2 CONSTITUTION Richard C. Raña

/ˌkänstəˈto͞oSH(ə)n/
Constitution, the body of doctrines and practices that form the fundamental organizing
principle of a political state.
Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987
Constitution of the Republic of the Philippines was presented to President Corazon C.
Aquino on October 15, 1986. It was ratified on February 2, 1987 by a plebiscite. A
constitution is a body of basic laws and principles that describes the general
organization and operation of the state and contains fundamental principles and
norms that underlie and guide all government action. Given the fundamental nature of
a constitution and its role in laying a groundwork to shape and support the state, a
constitution is usually expected to be long-standing and somewhat difficult to change
or undo.
 The 1987 Constitution
The Constitution of the Republic of the Philippines
PREAMBLE
ARTICLE I National Territory
ARTICLE II Declaration of Principles and State Policies
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI Legislative Department
ARTICLE VII Executive Department
ARTICLE VIII Judicial Department
ARTICLE IX Constitutional Commissions
ARTICLE X Local Government
ARTICLE XI Accountability of Public Officers
ARTICLE XII National Economy and Patrimony
ARTICLE XIII Social Justice and Human Rights
ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports
ARTICLE XV The Family
ARTICLE XVI General Provisions
ARTICLE XVII Amendments or Revisions
ARTICLE XVIII Transitory Provisions
 1.3 EXECUTIVE Richard C. Raña

/eɡˈzekyədiv/
A person or group of persons having
administrative or supervisory authority in an
organization. having the power to put plans,
actions, or laws into effect.
The Executive branch is composed of the
President and the Vice President who are
elected by direct popular vote and serve a term
of six years. The Constitution grants the
President authority to appoint his Cabinet.
These departments form a large portion of the
country’s bureaucracy.

EXECUTIVE BRANCH
PRESIDENT
VICE PRESIDENT
THE CABINET
Executive Secretary Secretary of Agrarian Reform
Secretary of Budget and Management Secretary of Agriculture
Secretary of Labor and Employment Secretary of Foreign Affairs
Secretary of National Defense Secretary of Tourism
Secretary of Public Works and Highways Secretary of Health
Secretary of Science and Technology Secretary of Justice
Secretary of Social Welfare and Development Secretary of Finance
Secretary of the Interior and Local Government Secretary of Education
Secretary of Trade and Industry Commission on Higher Education
Secretary of Transportation and Communications
Director General of the National Economic and Development Authority
1.4 JUDICIAL Richard C. Rana

/jo͞oˈdiSHəl/
Judicial means relating to the legal system and to
judgments made in a court of law.
The Judicial branch holds the power to settle
controversies involving rights that are legally
demandable and enforceable. This branch
determines whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the
government. It is made up of a Supreme Court and
lower courts.

1.5 STATUTORY
The Constitution expressly grants the Supreme
Court the power of Judicial Review as the power to
declare a treaty, international or executive
Richard C. Rana

/ˈstaCHəˌtôrē/
agreement, law, presidential decree, proclamation,
order, instruction, ordinance or regulation
Pertaining to a law enacted by a legislative body.
unconstitutional.

1.6 APPELLATE JURISDICTION Richard C. Rana

/əˈpelət/ /ˌjo͝orəsˈdikSHən/
Appellate jurisdiction includes the power to reverse or modify the lower court's decision.

1.5 STATUTORY
Appellate jurisdiction exists for both civil law and criminal law.Appellate jurisdiction
includes the power to reverse or modify the the lower court's decision. Appellate
jurisdiction exists for both civil law and criminal law.
In an appellate case, the party that appealed the lower court's decision is called the
appellate, and the other party is the appellee.
In order for an appellate court to hear a case, a party must typically file an appeal, in
which it contests the decision of a lower court.
There are typically two types of appeals:
➢ Appeal as A Matter of Right
An appeal as a matter of right refers to a party's right to appeal a lower court's decision,
without needing approval from any court.
➢ Discretionary Appeal
A discretionary appeal refers to an appellate court's discretion to decide whether it
chooses to accept a party's appeal from a lower court decision.
Typically for a discretionary appeal, the appellate party must file a writ of certiorari with
the appellate court

1.7 BAILIFF Richard C. Rana

/ˈbāləf/
A bailiff is a law officer who makes sure that the decisions of a court are obeyed. Bailiffs
can take a person's furniture or possessions away if the person owes money.

1.8 CLIENT Richard C. Rana

/ˈklīənt/
A client generally means a person, including a public officer,
corporation, association or other organization or entity,
either public or private, who is rendered services by a
service provider, or who consults a service provider with an
intention of obtaining services from him/her.
1.9 COURT Richard C. Rana

/kôrt/
A place where trials and other legal cases
happen, or the people present in such a
place, especially the officials and those
deciding if someone is guilty.
Also called court of law, a person or body of
persons having judicial authority to hear and
resolve disputes in civil, criminal, or military
cases. The word court, which originally
meant simply an enclosed place, also
denotes the chamber, hall, building, or other
place where judicial proceedings are held.

2.1 JUDGE Jeselle Jane M. Restificar

/jəj/
A public official appointed or elected to hear and decide
cases in a law court.
The Judge is an independent, impartial decision-maker in
the pursuit of justice.
The judge is the rules of the courtroom.

New Code of Judicial Conduct for the Philippine Judiciary - A judge shall uphold and
promote the independence, integrity, and impartiality of the judiciary, and shall avoid
impropriety and the appearance of impropriety.

Qualification of a Judge:
The qualifications of the Judge depend on what court he/she will be assigned:

SUPREME COURT, COURT OF APPEALS, COURT OF TAX APPEALS

➢ Members of the Philippine Judiciary must be members of the Philippine Bar of proven
competence, integrity, probity, and independence.
➢ Must be natural-born citizens of the Philippines
 ➢ Must be at least forty years of age and must have been, for fifteen years or more, judges
of a lower court or engaged in the practice of law in the Philippines.

SANDIGANBAYAN

➢ Members of the Philippine Judiciary must be members of the Philippine Bar of proven
competence, integrity, probity, and independence.
➢ Must be natural-born citizens of the Philippines
➢ Must be at least forty (40) years of age and for at least ten (10) years have been judges
of a court of record or have been engaged in the practice of law in the Philippines or
have held office requiring admission to the bar as a pre-requisite for a like period.

SHARI’AH HIGH COURT

➢ Members of the Philippine Judiciary must be members of the Philippine Bar of proven
competence, integrity, probity, and independence.
➢ Must be Muslims; regular members of the Philippine Bar; at least forty (40) years of age;
have been engaged in the practice of law for fifteen (15) years or more; and have
completed at least two (2) years of Shari’ah or Islamic Jurisprudence.

REGIONAL TRIAL COURT JUDGES, REGIONAL TRIAL COURT JUDGES-AT-LARGE, AND

FAMILY COURT JUDGES. – REGIONAL TRIAL COURT JUDGES, REGIONAL TRIAL
COURT JUDGES-AT-LARGE, AND FAMILY COURT JUDGES

➢ Members of the Philippine Judiciary must be members of the Philippine Bar of proven
competence, integrity, probity, and independence.

➢ Must be natural-born citizens of the Philippines

➢ Must be at least thirty-five (35) years of age and, for at least ten (10) years, have been
engaged in the practice of law in the Philippines or have held a public office in the
Philippines requiring admission to the practice of law as an indispensable requisite.

SHARI’AH DISTRICT COURTS (BANGSAMORO AUTONOMOUS REGION (BARMM))

Outside the Bangsamoro Autonomous Region

➢ Regular Members of the Philippine Bar

➢ Must be at least thirty-five (35) years of age and, for at least ten (10) years, have been
engaged in the practice of law in the Philippines or have held a public office in the
Philippines requiring admission to the practice of law as an indispensable requisite.
➢ Must be learned in Islamic law and jurisprudence.

Within the Bangsamoro Autonomous Region

➢ Regular Members of the Philippine Bar;

 ➢ At least thirty-five (35) years of age, have been engaged in the practice of law for ten
(10) years or more; and have completed at least two (2) years of Shari’ah or Islamic
Jurisprudence.

(METROPOLITAN TRIAL COURT [METC], MUNICIPAL TRIAL COURT IN CITIES

[MTCC], MUNICIPAL TRIAL COURT [MTC], MUNICIPAL CIRCUIT TRIAL COURT
[MCTC]) AND MUNICIPAL TRIAL COURT JUDGES-AT-LARGE

➢ Members of the Philippine Judiciary must be members of the Philippine Bar of proven
competence, integrity, probity, and independence.
➢ Must be natural-born citizens of the Philippines
➢ Must be at least thirty years (30) of age and, for at least five (5) years, have been
engaged in the practice of law in the Philippines or have held a public office in the
Philippines requiring admission to the practice of law as an indispensable requisite.

SHARI'A CIRCUIT COURTS (Bangsamoro Autonomous Region (BARMM))

Outside the Bangsamoro Autonomous Region

➢ Must be at least twenty-five (25) years of age and have passed an examination in the
Shari'ah and Islamic Jurisprudence to be given by the Supreme Court for admission to
special membership in the Philippine Bar to practice in the Shari'ah courts.

Within the Bangsamoro Autonomous Region

➢ Regular Members of the Philippine Bar; at least thirty (30) years of age; have been
engaged in the practice of law for five (5) years or more; and have completed at least
two (2) years of Shari’ah or Islamic Jurisprudence.

Salary of a judge:
The Judge's salary depends on the court and also the qualification of a Judge.
➢ Regional Trial Court, Shari’ah District Court, Family Court – ₱ 161,231.00 per
month
➢ Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court,
Municipal Circuit Trial Court, Shari’ah Circuit Court – ₱ 142,683.00 per month
➢ Supreme Court
a. Associate Justices ₱ 268,121.00 per month
b. Chief Justice ₱ 319,660.00 per month

In addition to the salary they receive, they also have benefits:

➢ PERA (Personal Economic Relief Allowance) - ₱2,000 per month
➢ RATA (Representation and Transportation Allowance) Range ₱18,000 to ₱20,000
per month. (Depends on which court you are in)
➢ Extraordinary and Miscellaneous Allowance – ₱9,800 to ₱11,000 per month.
(Depends on which judge)
 ➢ Hazard Pay – ₱5,000 to ₱8,000 per month
➢ Uniform Allowance – ₱6,000 per year
➢ PEI – ₱5,000 per year
➢ 13th Month Pay and 14th Month
➢ Cash Gift - ₱ 5,000 per year

CHIEF JUSTICE OF THE SUPREME COURT

Chief Justice Alexander G. Gesmundo is the 27th

Chief Justice of the Supreme Court. He obtained his
law degree from the Ateneo de Manila University in
1984. After passing the bar the following year, he
joined the Office of the Solicitor General where he
was awarded Most Outstanding Solicitor in 1998. He
was appointed to the Supreme Court as Associate
Justice on August 14, 2017 and as Chief Justice on
April 5, 2021. Chief Justice Gesmundo is the
Chairperson of the Committee on Ethics and Ethical
Standards, Committee on the Revision of the Rules of
Court, Committee on Computerization and Library,
and Sub-Committee for the Revision of the Rules of
Civil Procedure.

2.2 SHERIFF Jeselle Jane M. Restificar

/ˈSHerəf/
The chief officer of the country, having the duty, among others, of
maintaining the peace and serving judicial writs.

A sheriff primarily entails the job of serving all writs, executes all
processes, and carries into effect all decisions and orders issued
by our judicial courts.

A sheriff is primarily responsible for the speedy and efficient service of all court processes
and writs (a legal document from a law court that tells you that you will be involved in a
legal process and explains what you must comply with.
Writs are drafted by judges, courts, or other entities that have administrative or judicial
jurisdiction. These documents are part of common law and are often issued after a
judgment is made, giving those involved in a suit the ability to carry out the judgment.
Qualification of a sheriff

➢ CS-SP (1st Level Eligibility)

➢ Must have at least 2 years studies in college
➢ 4 to 24 hours relevant training
➢ 1-year relevant experience

The salary of sheriff

2.3 CIVIL Jeselle Jane M. Restificar

/ˈsivəl/
Pertaining to the private rights of individuals in a community and to legal proceedings in
connection with those rights.

Civil Rights – are those rights which the law will enforce at the instance of private
individuals for the purpose of securing to them the enjoyment of their happiness.
For example: freedom of religion, speech; freedom of suffrage and more.
2.4 CRIMINAL Jeselle Jane M. Restificar

/ˈkrimənl,ˈkrimn(ə)l/
Involving, or of the nature of, a crime.
A person who has committed a crime.

Classification of criminals
According to David Abrahamsen, was a forensic psychiatrist, author,
and psychoanalyst.

• Acute criminals – these are the persons who commit crimes

that are not serious in nature. They do not possess the
tendency to commit crime in a persistent manner. (Its actually
us).
o Ex Jaywalking, I think some of us or all of us already
violated this law.

• Situational Criminals – These are persons who commit a

crime when the given situation provokes him to do so.
o Because of hangovers, anger, jealousy you commit a crime.
• Associational Criminal - These are persons who commit crimes due to associating with
the wrong person.
o Peer Pressure- is a strong factor in committing a crime.
• Accidental Criminal – These are persons who commit crimes by mistake.
o For example, you are carefully driving and suddenly someone jaywalks and you
bump into him. It is called accidental criminal as long as there is no imprudence
and negligence that happens.
• Neurotic Criminal – These are persons who commit crimes due to behavioral or mental
disorders.
o For example, Maniac (irresistible urge to do something), Kleptomaniac you have
an irresistible urge to do things regardless of its monetary value.) But you can't
really consider that they are criminals because they have a problem.

Famous Criminal in the Philippines

Nicasio Rodriguez Salonga better known as “Asiong Salonga”, Asiong was considered one of
the Philippines' Public Enemy where he reigned and dominated the Manila's then-known mob
district, Tondo,for several years. Asiong as a gang leader had solid loyal 12 members of his
 group, with 4 hideouts in Manila (Tondo, Binondo, Quiapo & Pier).
Salonga's name had been linked to several illegal possession of
firearms, murder, selling of firearms, homicide, collection of sums of
money from businessmen, and other unknown nefarious cases from
which somehow, he had always managed to squirm out of arrest.
Despite this reputation, Salonga was still considered a hero by many
local residents, and thus earning him a nickname the "Robin Hood of
Tondo". Asiong was recognized by many in Metro Manila due to the
frequent appearances of his name in the headlines of the journal news.
The only record of Salonga in the Supreme Court was dated March 28,
1946, which was concerned with his arrest without warrant on January
10 of the same year.

2.5 JURISDICTION Jeselle Jane M. Restificar

/ˌjo͝orəsˈdikSHən/
The legal power, right, authority to hear and determine a cause of action.

The term jurisdiction is derived from the two Latin terms- ius, iuris meaning “law” and
dicere meaning “to speak”. Jurisdiction is therefore the authority to administer justice
within a defined area of responsibility.

It is the power to hear the case, and impose the punishment.

This term refers to the legal authority of a court to hear and decide a certain type of case.

It also is used as a synonym for venue, meaning the geographic area over which the court
has territorial jurisdiction to decide cases.

FOUR KINDS OF COURT JURISDICTION

1. Court of Original Jurisdiction, one where a case is originally commenced. The term
original jurisdiction refers to the question of which court has the authority (jurisdiction) to
hear a legal case for the first time.
➢ Municipal Trial Court - has original jurisdiction to try the crime of slight physical
injuries. The crime of slight physical injuries should be first filed with the
Municipal Trial Court before other courts such as Regional Trial Court, Court of
Appeals or the Supreme Court.
➢ Regional Trial Court - by law, has original jurisdiction in violation of the
Dangerous Drug Act. Thus, if the crime is committed by the Dangerous Drug Act
the case should be first filed with the Regional Trial Court before other court such
as the Court of Appeals or Supreme Court.
➢ Court of Appeals - is vested with the power to review all final judgements,
decisions, resolutions, orders or awards or Regional Trial Courts and quasi-
 judicial agencies, instrumentalities, boards or commissions, except those falling
within the appellate jurisdiction of the Supreme Court.
➢ Supreme Court - has a jurisdiction over cases affecting ambassadors, other
public ministers and consuls; and original and exclusive jurisdiction in petitions
for the issuance of writs of certiorari, prohibition and mandamus against the
Court of Appeals.
2. Court of Appellate Jurisdiction, one which has power or review over the decisions or
orders of a lower court. It refers to the court authorized to hear the appeal of a case that
was originally hear the appeal of a case that was originally heard by a court of original
jurisdiction.
➢ Regional Trial Court
➢ Court of Appeals
➢ Supreme Court
▪ For Example: MTC has original jurisdiction to try the crime of slight
physical injuries. If the decision is not favorable to the accused. The
accused can appeal the case to the RTC, which has appellate jurisdiction
to try the cases decided by the MTC.

3. General Jurisdiction, courts which take cognizance of all kinds of cases, civil or
criminal, except those assigned to special courts and courts of limited jurisdiction

➢ Regional Trial Court.

4. Special Jurisdiction, courts which have the power to hear only certain types of cases,
or are clothed with special powers for the performance of specified duties beyond which
they have no authority of any kind.
➢ Sandiganbayan - The Batasang Pambansa shall create a special court, to be
known as Sandiganbayan, which shall have jurisdiction over criminal and civil
cases involving graft and corrupt practices and such other offenses committed by
public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law.
(Art. XIII), 1973 Constitution.
➢ Court of Tax Appeals - The Court of Tax Appeals (CTA) has exclusive appellate
jurisdiction to review by exclusive appellate jurisdiction in tax collection cases.
Under Republic Act Number 9282, the CTA's original appellate jurisdiction was
expanded to include the following: Criminal cases involving violations of the
National Internal Revenue Code and the Tariff and Customs Code; Decisions of
the Regional Trial Courts (RTC) in local tax cases.
➢ Shari’a Court - A Shari'a District Court is of limited jurisdiction. It was created
under Presidential Decree No. 1083. Cases falling within the exclusive
jurisdiction of the Shari'a District Courts primarily pertain to family rights and
duties as well as contractual relations of Filipino Muslims in the Mindanao.
Shari'ah courts in the Philippines has jurisdiction over the Muslim-majority
Bangsamoro as well as other parts of Mindanao outside that autonomous region.
 2.6 LEGISLATIVE Jeselle Jane M. Restificar

/ˈlejəˌslādiv/
Pertaining to the making of laws or to the body that
makes the law.

The Legislative Branch has the power to amend

(change or modify) all existing laws.

The Legislative Branch or the Congress is divided

into two chambers: the House of Representatives
(Lower House)(Congressman and women) and the
Senate of the Philippines (Upper House) (consist of
the Senates).

The Primary function is the creation, enactment,

and amendment of laws.

THE SENATE

➢ The Senate is composed of 24 senators

elected
➢ Natural born citizen, able to read and write, a
registered voter, at least 35 years old.
➢ Currently the Senate President of the
Philippines is Juan Miguel Zubiri.

The 19th Congress Senators of the Philippines

• Senator Juan Miguel “Migz” F. Zubiri - Senate President
• Senator Loren Legarda - Senate President Pro Tempore
• Senator Joel Villanueva - Major Floor Leader
• Senator Aquilino “Koko” Pimentel III - Minority Floor Leader
• Senator Joseph Victor “JV” G. Ejercito - Deputy Majority Floor Leader
• Senator Mark A. Villar - Deputy Majority Floor Leader
• Senator Risa Hontiveros - Deputy Minority Floor Leader
• Senator Juan Edgardo “Sonny” Angara
• Senator Maria Lourder Nancy S. Binay
• Senator Alan Peter S. Cayetano
• Senator Pia C. Cayetano
• Senator Ronald “Bato” M. dela Rosa
• Senator Francis G. Escudero
 • Senator Jinggoy Ejercito Estrada
• Senator Win Gatchalian
• Senator Christopher Lawrence T. Go
• Senator Manuel “Lito” M. Lapid
• Senator Imee R. Marcos
• Senator Robinhood C. Padilla
• Senator Grace L. Poe
• Senator Ramon Bong Revilla Jr.
• Senator Francis “Tol” N. Tolentino
• Senator Raffy T. Tulfo
• Senator Cynthia A. Villar

THE CONGRESS
➢ The Senate is composed of more than 250
members; 20% Party List Representatives.
➢ Represent a district in a province, a province,
or a certain group (Party-List).
➢ Natural born citizen, able to read and write, a
registered voter, at least 25 years old.
➢ The Congress Speaker or the Leader of
Congress is Called House Speaker is Hon.
Romualdez, Ferdinand Martin G. 19th
Congress of the Philippines.
➢ Currently the House of Representatives
consists of 314 members.
➢

2.7 MUNICIPAL Jeselle Jane M. Restificar

/myo͞oˈnisəp(ə)l/
Municipal or Municipality Pertaining to a town or city
having local self-government.

A municipality refers to a village, town, or city that’s

usually governed by a mayor and council.

For example: The City Mayor of Manila is Mayor

Maria Sheilah Honrado Lacuna–Pangan, Quezon
City governed by the City Mayor Joy Belmonte

Local self-government means that residents in

towns, villages and rural settlements are the hosts in
their own home. People elect local councils and their
heads authorizing them to solve the most important
issues.

➢ Each province is composed of municipalities

commonly called towns. The municipality is a
public corporation created by an act of
2.8 ORDINANCES Jeselle Jane M. Restificar

/ˈôrd(ə)nənses/
Local laws or regulations enacted by a municipal government.

A law set forth by the government authority specially a municipal regulation. Ordinance
applies to an order governing some detail of procedure or conduct enforced by a limited
authority such as a municipality.

The majority of ordinances deal with maintaining public health and safety, zoning, public
morals, behavior and general welfare. Examples of ordinances would be those related
to noise, snow removal, pet restrictions, and building and zoning regulations.

2.9 STATUTE Jeselle Jane M. Restificar

/ˈstaCHo͞ot/
A law enacted by a legislative branch of a government.

A statute or statutory law is a form of law which means a law that has been enacted by
a legislature, which is the body that has been granted the power by a constitution to
enact legislation or laws. When a statute is passed, it becomes a part of statutory law.

In the Philippines, statutory law includes constitutions, treaties, statutes, proper or

legislative enactments, municipal charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and presidential issuance.

➢ Example of Statutes: Acts of Congress, municipal charters, municipal

legislation, court rules, administrative rules and orders, legislative rules and
presidential issuances.
3.1 CONTRIBUTORY NEGLIGENCE
Shailene Kaye M. Royeras

/kənˈtribyəˌtôrē/ /ˈneɡləj(ə)ns/
A common law rule that prevents a personal injury plaintiff from recovering damages
(money) in court if the plaintiff bears any amount of blame for the underlying accident.

The contributory negligence rule leads to harsh results, since it denies compensation to
accident victims even if their share of fault is only slight.

3.2 DEFENDANT Shailene Kaye M. Royeras

/dəˈfend(ə)nt/
a person who is being sued or accused in a legal action

3.3 DISTRICT ATTORNEY Shailene Kaye M. Royeras

/ˈdistrik(t)/ /əˈtərnē/
A district attorney is the highest-ranked prosecutor in a state,
especially in a county or district. A district attorney has the power
to prosecute people charged with crimes, ranging from homicide
to petty theft. A district attorney (DA) is also known as a state’s
attorney, prosecuting attorney, county attorney, city attorney,
circuit attorney, or commonwealth’s attorney, depending on the
defined geographic area. The office of district attorney consists of
deputy district attorneys and assistant district attorneys, who are
supervised by a DA. The office of district attorney is also overseen
by a DA.
What are the responsibilities of a District Attorney?

From hiring an assistant district attorney to requesting a bail/bond, a district attorney is one of
the most powerful local officials. DAs carry out various responsibilities under their jurisdiction;
regardless, the primary responsibility of a DA is to protect the rights of the innocents as well as
the criminals. When a person is arrested for a crime, a DA decides who to prosecute, what
crimes to charge the person with, and whether to offer plea bargains and take a case to trial.
Besides criminal investigation and prosecution, the district attorney’s office also helps people to
continue school and find jobs after they come out of prison. A district attorney works toward
ensuring the safety of the public, pursuing truth and justice.

Requirements for a District Attorney?

To serve as a district attorney, one must earn a Juris Doctor degree, get admitted to the
American Bar Association, and gain internship, externship, and trial experiences to gain
firsthand relevant experience.

Top skills for District Attorney

➢ Communication
➢ Logical and analytical Thinking
➢ Technology skills
➢ Time management

National Annual Salary

3.4 EVIDENCE Shailene Kaye M. Royeras

/ˈevəd(ə)ns/
Every type of proof legally presented at trial (allowed by the judge) which is intended to
convince the judge and/or jury of alleged facts material to the case.
Evidence generally falls into four categories:

1. Real - Real evidence is any actual object that was

directly involved in an event in the case. It could be
the weapon used to murder a victim, like a gun or a
hammer, or the tool used to break into a house, like
a crowbar.

2. Demonstrative - Demonstrative evidence, on the other hand, is an illustration of

evidence like a map of the crime scene.

3. Documentary - Documentary evidence, also a type of real evidence, describ-es

letters, contracts, newspapers or anything that contains human language.

4. Testimonial - Testimonial, or anecdotal evidence, is oral or written evidence from

victims, suspects and witnesses involved with the case.
 3.5 LITIGATION Shailene Kaye M. Royeras

/ˌlidəˈɡāSHən/
Litigation is the process of taking a dispute to a court of
law. If parties cannot agree between themselves about
the fair and proper outcome of a dispute, they will
present their respective cases to a court for its judgment.
It is a broad term that describes a long and sometimes
complex process.

What kind of cases can be resolved using litigation?

There are a wide range of cases which can be resolved using litigation. These can
include:
Commercial disputes e.g. claims for breach of contract such as damaged goods or
recovery of debts.
Matrimonial matters e.g. determining the extent of a spousal claim in a divorce action.
Claims against the state e.g. A judicial review of a planning decision.
Personal injury claims e.g. monetary claims arising out of an accident where a person
suffered harm.
Employment disputes e.g. a claim for wrongful dismissal.

3.6 PLAINTIFF Shailene Kaye M. Royeras

/ˈplān(t)əf/
The person, corporation, or other legal entity that
initiates a lawsuit seeking damages, enforcement of
a contract, or a court determination of rights. In
certain states and for some types of lawsuits, the
term petitioner is used instead of plaintiff.
3.7 PREPODERANCE OF EVIDENCE
Shailene Kaye M. Royeras

/prəˈpänd(ə)rəns/ /əv/ /ˈevəd(ə)ns/

The legal burden of proof required in most civil (non-criminal) trials. The plaintiff must
prove to the judge or jury that the defendant is more likely than not liable for some harm
the plaintiff has suffered. The term for the “more likely than not” standard is
“preponderance of the evidence.” The plaintiff’s evidence, taken as a whole, must be more
convincing than the defendant’s in order for the plaintiff to win the case.

3.8 AFFIDAVIT Shailene Kaye M. Royeras

/ˌafəˈdāvət/
A written statement prepared by a person. The statement must be sworn or affirmed to be
true in front of a solicitor, barrister or justice of the peace.
Common affidavit uses
Affidavits can be useful in many situations. Many government forms include affidavits,
such as driver's license applications, vehicle registrations, voter registrations, and
concealed weapon permits.
An affidavit might be used to verify the ownership of property that is being sold or to
certify marital status in order for a spouse to qualify for some type of marital benefit.
Such general affidavits should be tailored to the situation.
There are two important things that you need to keep in mind when you are
dealing with an affidavit.
1. Affidavit can be used against you in the court of law if any of the information
provided by you in it is false.
2. All affidavits are necessarily created on stamp paper.

3.9 AUTHENTICATION Shailene Kaye M. Royeras

/əˌTHen(t)əˈkāSHən/
The act of certifying that a written document is genuine, credible, and reliable. An
authentication is performed by an authorized person who attests that the document is in
proper legal form and is executed by a person identified as having authority to do so. In
many countries, persons authorized to authenticate documents include consulates
officials, notaries, and judicial officers.
4.1 DOCUMENT Andreia B. Saligumba

/ˈdäkyəmənt/
A written or printed instrument that conveys information.

The term document generally refers to a particular

writing or instrument that has a bearing upon specific
transactions. A deed, a marriage license, and a record of
account are all considered to be documents.

Here are some common examples of documents:

➢ letters
➢ sales invoices
➢ wills and deeds
➢ newspaper issues
➢ oral history recordings
➢ executive orders
➢ meeting minutes
➢ marriage licenses
➢ records of account

Documents are used by a variety of users in a wide range of fields, including the
following:

➢ business
➢ law
➢ media
➢ education
➢ government
➢ politics

Document classification

Public documents are usually freely available to anyone who wants to access or read them.
These include documents available on the web, newspapers, library resources, and information
recorded and filed by public agencies, known as public records. In some countries,

Private documents are only accessible to those users who are authorized to do so by a
governing party. This party can be the original creator, a company's IT department, senior
management, etc.
To protect private documents from being accessed by unauthorized users, they must be
protected with appropriate safeguards. Physical private documents must be placed under lock
and key, and the physical area must be guarded by security personnel and closed-circuit
cameras. Digital documents can be protected by requiring all authorized users to provide a
password to open or edit the document. These documents can also be encrypted or stored in a
safe digital location that can only be accessed by authorized users with some kind of
authentication, such as a password or multifactor authentication.

Secret or classified documents are typically restricted to a very small group of authorized
users. These documents can belong to a company, a government, a military group, etc.
Classified information belonging to a government is always protected via encryption, access
control and security clearances.

4.2 HERITAGE Andreia B. Saligumba

/ˈherədij/
Refer to practices or characteristics that are passed down through the years, from one
generation to the next.

Our heritage comprises of:

The Tangible - our historical sites, buildings, monuments, objects in museums,
artefacts and archives.
The Natural - our waterways, landscapes, woodlands, bogs, uplands, native wildlife,
insects, plants, trees, birds and animals.
The Intangible - our customs, sports, music, dance, folklore, crafts, skills, and
traditions.
Our tangible, intangible and natural heritage and all the associated myths, legends,
traditions, and memories provide us with a common language and insight that enables
us to communicate on a deep level with each other and to express ourselves in a
unique way to the outside world.
 4.3 SEAL Andreia B. Saligumba

/sē(ə)l/
A seal is a device used to create an impression or imprint on paper
utilizing wax or a stamp. The seal is used to execute a legal
document or guarantee the document's authenticity.

The seal is used to execute a legal document or guarantee the

document's authenticity. is unique to a sealer and is used by
government agencies, corporations and notaries public to show
that the document is validly executed, acknowledged or witnessed.
It is used for legal documents and highly formal messages. Seal is
important for the a contract because it is understood I terms of the
legal formalities associated with sealing a document with a wax
seal.

4.4 ABET
On the one hand, compliance with the legal formality of affixing a
seal to a document is proof of the existence of a contract. Andreia B. Saligumba
Secondly, the need to use a seal, the legal meaning of which is
/əˈbet/
widely known, has made the parties aware of the importance of the
agreement reached.
Abet refers to criminally assisting another person in the commission of a crime including
planning a crime, escaping from a crime, or in the actual commission of the crime.

Abet is to help, encourage, or support someone in a criminal act

A party that abets commission of a crime can be charged and prosecuted on grounds of
accomplice liability. Under federal law, parties charged with abetting are charged as principals
and are, therefore, subject to the same penalties as if they had physically committed the crime
themselves.
EXAMPLE: She abetted the thief in his getaway. Did she abet the commission of a crime? Their
actions were shown to abet terrorism. She is charged with aiding and abetting [=helping and
encouraging] the thief in her getaway.

4.5 BREACH CONTRACT Andreia B. Saligumba

/brēCH/ /əv/ /ˈkänˌtrak(t)/

A contract case usually comes before a judge because one or both parties claim that the
contract was breached. A breach of contract is a failure, without legal excuse, to perform
any promise that forms all or part of the contract
This includes failure to perform in a manner that meets the standards of the industry or the
requirements of any express warranty or implied warranty, including the implied warranty of
merchantability.
Example: Your employer doesn't pay your wages, or you don't work the agreed hours.
The party committing breach of contract is known as the ‘guilty party’ and the other party is
known as the ‘injured’ or ‘aggrieved’ party. Whenever a breach of contract takes place, the
remedy of damages is the one that comes to mind immediately as the consequence of breach.
A breach of contract may put the aggrieved party to some disadvantage or inconvenience or
may cause a loss to him. The court would desire the guilty party to accept responsibility for any
such loss of the aggrieved party and compensate him adequately.

4.6 CRIME Andreia B. Saligumba

/krīm/
A crime is behavior that is punishable as a public offense.

The elements of a crime generally come from statutes, but may also be supplied by the
common law in states where the criminal common law still carries force.

Crime is behavior, either by act or omission, defined by statutory or common law as deserving of
punishment or penalty. Although most crimes require the element of intent, certain minor crimes
may be committed based on strict liability even if the defendant had no specific mindset with
regard to the criminal action. Crime can involve violence, sex or drugs but also
discrimination, road rage, undeclared work and burglary. Crime is any behaviour and any
act, activity or event that is punishable by law.

Criminality score

13th of 193 countries

6th of 46 countries in Asia

2nd of 11 countries in South-Eastern Asia

Criminality in the Philippines

➢ Human trafficking.
➢ Human smuggling.
➢ Arms trafficking.
➢ Flora crimes.
➢ Fauna crimes.
➢ Non-renewable resource crimes.
➢ Heroin trade.
➢ Cocaine trade.

4.7 TORT Andreia B. Saligumba

/tôrt/
A tort is an act or omission that gives rise to injury or harm to another and amounts to a
civil wrong for which courts impose liability

In the context of torts, "injury" describes the invasion of any legal right, whereas "harm"
describes a loss or detriment in fact that an individual suffers.

The Civil Code of the Philippines never used the word ‘tort’ in any of its provisions. Instead, the
term ‘quasi-delict’ is used which is the nearest counterpart of the Roman law concept. Unlike
the Roman law concept of ‘tort’, intentional and malicious acts are governed by the Revised
Penal Code and not by the law on quasi-delict.

Quasi-delict is used to designate those obligations which do not arise from law, contracts,
quasi-contracts or criminal offences. The concept of liability in quasi-delictual cases is
embodied in Chapter 2, Title XVII of the Civil Code.2

The basic provision on quasi-delict, or culpa aquiliana or extra-contractual culpa, is article 2176
of the Civil Code which provides: Whoever by act or omission causes damage to another, there
being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this chapter. Liability for quasi-delict under this article requires
the following conditions: (1) an unlawful act or omission amounting to a fault or negligence,
imputable to the defendant; (2) damage or injury to the plaintiff; (3) such damage or injury
being the natural and probable, or direct and immediate consequence of the defendant’s
wrongful act or omission; and (4) there being no pre-existing contractual relation between the
plaintiff and defendant.3

Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person);
negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts
(e.g., liability for making and selling defective products - see Products Liability). Intentional torts
are wrongs that the defendant knew or should have known would result through his or her
actions or omissions.

EXAMPLE: Torts including trespass, assault, battery, negligence, products liability, and
intentional infliction of emotional distress. There are also separate areas of tort law including
nuisance, defamation, invasion of privacy, and a category of economic torts.

4.8 TREASON Andreia B. Saligumba

/ˈtrēzən/
Treason refers to the betrayal of one’s own country by
attempting to overthrow the government through waging war
against the state or materially aiding its enemies.

This typically includes acts such as participating in a war

against one's native country, attempting to overthrow its
government, spying on its military, its diplomats, or its secret
services for a hostile and foreign power, or attempting to kill
its head of state.
Art. 114. Treason. – Any Filipino citizen who levies war against the Philippines or adheres to her
enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by
reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos.”

No person shall be convicted of treason unless on the testimony of two witnesses at least to the
same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in
paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine
not to exceed 100,000 pesos.”
One of the best examples of the Treason in the Philippines is when the government failed to
protect the peace, people and the property of the country from the Chinese maritime that take
an aggressive [stance] and take over our areas like Scarborough Shoal and Spratly Islands.
Wherein the prime duty of the government is to serve and protect the people.1 The government
is also tasked to the maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of general welfare.

4.9 ENTITY Andreia B. Saligumba

/ˈen(t)ədē
/An entity refers to a person or organization possessing separate and distinct legal rights,
such as an individual, partnership, or corporation.

An entity can, among other things, own property, engage in business, enter into
contracts, pay taxes, sue and be sued. An entity is capable of operating legally, suing and
making decisions through agents, e.g. a corporation, a state, or an association.

5.1 FELONY Daniela C. Salvado

/ˈfelənē/
ARTICLE 3. Definition. — 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 re sults from imprudence, negligence, lack of
foresight, or lack of skill. The word "punishable by law" means that
must be defined and punished by the Revised Penal Code and no
other law.

Common Types of Felonies:

➢ Felonies Against a Person

1. Assault is a common type of felony that involves the threat or use of physical
force against another person. It is a crime of violence that can range from a
simple push or shove to serious bodily harm. Depending on the severity of the
assault, penalties can include jail time, fines, and/or probation. Assault can also
be a basis for a civil suit, where damages such as medical expenses, pain and
suffering, and punitive damages may be sought.
 2. Rape and Sexual Assault - are two of the most heinous felonies, and
unfortunately, they are all too common. Rape is defined as engaging in sexual
intercourse with another person without their consent, while sexual assault may
involve any type of unwanted sexual contact or behavior. It is an incredibly
traumatic experience for victims and can lead to long-term psychological
damage.
3. Promoting Prostitution - is a felony offense in many states and is punishable by
jail time and/or fines. It is defined as the act of inducing, procuring, or
encouraging another person to engage in prostitution. It includes acts such as
owning a brothel, procuring prostitutes for clients, or running a business that
facilitates prostitution. Other acts that may be considered promoting prostitution
include transporting people or providing them with money or other assets to
facilitate prostitution.
4. Kidnapping - is a serious felony in which one person intentionally abducts or
confines another person against their will. It is often done for ransom or other
forms of extortion and is a crime in most countries. Kidnapping is a form of
human trafficking and can cause physical and psychological damage to the
victim, both during and after the event.

➢ Felonies Against a Property

1. Theft - is considered one of the most common types of felony offenses. It is

defined as the unlawful taking of another person's property without their consent.
Theft can include shoplifting, larceny, embezzlement, theft of services, and
burglary. Penalties for theft can range from probation to a lengthy prison
sentence, depending on the value of the item stolen and the severity of the
crime.
2. Arson - is a common type of felony that involves intentionally setting fire to
property for criminal or malicious purposes. It is often considered a serious crime,
since the consequences can range from property damage to serious injury or
even death.
3. Drug Crimes - is a common type of felony, especially involving the possession
and distribution of illegal drugs. Drug abuse can result in serious criminal
charges, including imprisonment, fines, and probation. It can also lead to long-
term health risks, including addiction, overdose, and death. In addition to the
legal consequences, drug abuse can damage relationships, lead to financial
difficulties, and cause an individual to lose their job, housing, and social standing.
Classification of Penalties for Felony Cases

➢ Capital punishment:

• Death.

➢ Afflictive penalties:

• Reclusión perpetua,
• Reclusión temporal,
• Perpetual or temporary absolute disqualification,
• Perpetual or temporary special disqualification,
• Prisión mayor.

➢ Correctional penalties:

• Prisión correccional,
• Arresto mayor,
• Suspensión,
• Destierro.

➢ Light penalties:

• Arresto menor,
• Public censure.

➢ Penalties common to the three preceding classes:

• Fine, and
• Bond to keep the peace.
• Accessory Penalties
• Perpetual or temporary absolute disqualification,
• Perpetual or temporary special disqualification,
• Suspension from public office, the right to vote and be voted for, the
profession or calling.
• Civil interdiction,
• Indemnification,
• Forfeiture or confiscation of instruments and proceeds of the offense,
• Payment of costs.
5.2 MISDEMEANOR Daniela C. Salvado

/ˈmisdəˌmēnər/
Misdemeanor is a minor criminal offense that is punishable by
a fine or, in some cases, a short period of imprisonment.

Misdemeanors are typically less serious than felonies and

often involve minor legal violations such as petty theft, public
intoxication, disturbing the peace, or simple assault.

Examples of Misdemeanor

➢ Minor drug offenses, such as possession

➢ Drink driving
➢ Petty theft, including shoplifting
➢ Minor or simple assault or battery
➢ Trespassing
➢ Vandalism
➢ Minor sex crimes, including solicitation, prostitution and indecent exposure
➢ Resisting arrest
➢ Some cybercrimes, including stalking or bullying

Can a Misdemeanor rise to the level of a Felony?

In some cases, a misdemeanor can be upgraded to a felony if the circumstances

surrounding the misdemeanor are particularly egregious.

Amount of damages - When a misdemeanor rises to the level of a felony, it means that the
crime has become more serious, usually due to the amount of damage caused. The amount of
damage caused is usually the deciding factor for whether a misdemeanor rises to the level of a
felony.

Status of victim - When a misdemeanor rises to the level of a felony, it is often referred to as
“aggravated” or “elevated” in status. This means that the crime has been committed with a
heightened level of intent, or that the victim has been particularly vulnerable.

Evidence of aggravated behavior by the defendant - The misdemeanor can rise to the level
of a felony if the aggravated behavior by the defendant is such that it can be considered a
serious crime. Aggravated behavior includes crimes such as assault, kidnapping, and other
violent acts. If the defendant has committed a crime that is considered to be more serious than
a misdemeanor, then the charge can be elevated to a felony.
Prior criminal record of the defendant - When a defendant has prior criminal convictions, it
may be possible for a misdemeanor charge to rise to the level of a felony. This is most
commonly seen in cases where a defendant has multiple convictions for the same offense.
Depending on the state, the defendant may be charged with a felony if they have a prior
conviction for the same misdemeanor within a certain period of time. In addition, if the defendant
has prior convictions for felonies, this may also cause a misdemeanor charge to rise to the level
of a felony.

5.3 PENALTY Daniela C. Salvado

/ˈpenltē/
Penalty is a punishment imposed for breaking a law, rule, or
agreement. Penalties can range from fines and community
service to incarceration. The purpose of a penalty is to deter
people from committing a certain type of offense and
encourage them to abide by the law.

Types of Penalties

➢ Death Penalty - is the punishment of execution, carried out legally against an individual
convicted of a capital crime.
➢ Life Imprisonment - is a sentence of imprisonment for a serious crime, typically for a
period of 15 years or more, but legally defined by the particular jurisdiction. It is also
known as a life sentence, a life term, life incarceration or permanent imprisonment
➢ Imprisonment - is a type of penalty where a convicted individual is confined to a
correctional facility or prison for a period of time. This form of punishment is seen as a
way to protect society from a criminal and provide a deterrent from committing similar
crimes in the future.
➢ Forfeiture of property - a type of penalty that involves taking away property from the
offender as punishment. It is often used in cases of money laundering, drug trafficking,
and other financial crimes. Property can include cash, vehicles, real estate, jewelry, and
other assets.
➢ Fine - a type of penalty imposed by a court or other legal authority as punishment for a
crime or other offence. Fines are typically monetary in nature and can take the form of a
specific sum of money or a percentage of an individual's income or assets.
5.4 REMEDY Daniela C. Salvado

/ˈremədē/
Remedy is a legal term referring to a means of seeking relief
or reparation for a wrong suffered. It is any means of
enforcing a right or redressing an injury.

Remedies can include damages, restitution, specific

performance, injunction, declaratory relief, and other forms
of equitable relief.

Three General Categories of Remedies

➢ Damages - are a type of remedy used to compensate a party for a loss suffered due to a
breach of contract or other wrong. These are usually monetary awards, but may also
include other forms of compensation such as injunctive relief.
➢ Coercive Remedies - seeks to compel a party to comply with a contractual obligation or
other legal duty. Examples include specific performance, which requires the breaching
party to perform their contractual obligations, and a court order requiring the breaching
party to pay damages or take other action to rectify the breach.
➢ Declatory Judgement - seeks to clarify the legal rights and obligations of the parties in
a dispute. This can include declaring a contract void or voidable, interpreting the terms of
a contract, or declaring a party liable for breach of contract. This type of remedy is often
used when the parties cannot agree on the meaning or effect of a contract or other legal
document

5.5 LIEN Daniela C. Salvado

/ˈlē(ə)n/
A lien is a form of security interest granted over an item
of property to secure the payment of a debt or
performance of some other obligation.

Liens give the holder of the lien the right to take

possession of the property or to prevent the owner from
selling or transferring the property. Liens can be created
by agreement, or by a court or administrative order.
Types of Liens

➢ Bank Lien - A lien that a bank places on an asset to secure a debt. The bank can seize
the asset if the borrower does not repay the loan.
➢ Judgement Lien - A lien placed on an asset by a court ruling. This lien secures payment
of a debt or judgement.
➢ Mechanic Lien - A lien that is placed on a property by a contractor or tradesperson who
performed work on the property, but was not paid for it.
➢ Real Estate Lien - A lien placed on real property by a creditor to secure repayment of a
debt.
➢ Tax Lien - A lien placed on property by the government to secure repayment of unpaid
taxes. The government can seize the property if the taxes are not paid.

5.6 MORTGAGE Daniela C. Salvado

/ˈmôrɡij/
Mortgage is a loan that is secured against a property,
typically a house. It is a loan taken out by a borrower to
purchase a property or by existing property owners to raise
funds for any purpose. The borrower pays the lender a
periodic payment, usually monthly, until the loan is paid off
in full. The mortgage loan is secured against the property
and if the borrower fails to make payments, the lender can
take possession of the property and sell it to recoup the
money owed.

Types of Mortgages

➢ Fixed - Rate Mortgage - it has an interest rate that does not change for the life of the
loan. This type of loan is attractive to borrowers because it offers predictability and
stability when it comes to their monthly payments.
➢ Adjustable - Rate Mortgage - it has an interest rate that can vary over time. The
interest rate is adjusted periodically, typically once a year, based on market conditions.
This type of loan is attractive to borrowers who want to take advantage of lower interest
rates but are willing to take on the risk of their rate going up in the future. An ARM can
also be attractive to borrowers who plan to move or refinance before the rate adjusts.
➢ Interest - Only Loans - are mortgages where the borrower pays only the interest on the
loan for a specific period of time. During the interest-only period, the borrower does not
pay down the loan’s principal balance. Interest-only loans are typically used by
homebuyers who have some other source of income they can use to pay down the
loan’s principal.
➢ Reverse Mortgage - are a type of loan that enables homeowners over the age of 62 to
convert their home equity into cash. The loan is backed by the home and does not
require monthly payments. Instead, the loan balance is due when the borrower
permanently moves out of the home or passes away.
5.7 PAWN Daniela C. Salvado

/pôn/
The term "pawn" refers to pledging a piece of personal
property to a pawnbroker as collateral for a loan. The
broker has the right to sell the item without further notice if
the loan has not been paid off, the interest rates are high,
and the loan amount is much cheaper than the value of the
pledged property. The state issues licenses to
pawnbrokers, and each jurisdiction has different reporting
rules.

5.8 ACKNOWLEDGEMENT Daniela C. Salvado

/əkˈnäləjm(ə)nt/
An acknowledgement is an
official statement made under
oath in front of a public official,
usually a notary public.
5.9 AFFIDAVIT Daniela C. Salvado

/ˌafəˈdāvət/
A written declaration of facts provided voluntarily by an affiant under an oath or
affirmation administered by someone with legal authority is known as an affidavit.

This serves to present sworn written evidence to the court without the necessity for in-
person testimony, including documents. Just like oral evidence given at trial, the person
making the affidavit, the "deponent," swears or affirms that what they are saying is true.

6.1 BRIEFING Iana Czherisse V. Salvador

/ˈbrēfiNG/
The preparation of papers and information needed for
presenting or defending cases in court.
6.2 CITATION Iana Czherisse V. Salvador

/sīˈtāSHən/
A reference to the place where a quotation is to be found in a statue, case record, or
other authority to support a position that it is desired to establish; a court writ
commanding a person therein named to do something therein mentioned.

6.3 SUPRA Iana Czherisse V. Salvador

/ˈso͞oprə/
Above; above-mentioned; in addition to - used to indicate the same citation previously
referred to.
 6.4 AD LITEM – FOR THE SUIT Iana Czherisse V. Salvador

Courts appoint attorney’s ad litem, generally as a matter of law, for parties that have a
legal interest in a case but that cannot represent themselves like children or
incapacitated adults.
The ad litem is responsible for protecting the rights and interests of the minor or
incapacitated individual they are representing. They may investigate the facts of the
case, interview witnesses, review documents, and make recommendations to the court
on behalf of their client. The ad litem's ultimate goal is to ensure that the best interests
of their client are served and that justice is done in the case.

6.5 AMICUS CURIAE - FRIEND OF THE COURT

Iana Czherisse V. Salvador
If a non-party to a proceeding has an interest in the case (or the law) before the court,
the nonparty can ask the court for permission to file a friend of the court brief.
An amicus curiae may file a brief or make an oral argument before the court in order to
provide additional information or perspective that is relevant to the case. The goal of an
amicus brief is to provide the court with information that may not have been presented
by the parties to the case, or to present a different interpretation of the law that could be
relevant to the outcome.

6.6 CERTIORARI - TO BE MORE FULLY INFORMED

Iana Czherisse V. Salvador
A Writ of Certiorari, sometimes shortened to just“cert.”, is most commonly known as a means to
seek review of a case by the U.S. Supreme Court.

Certiorari is typically granted when the higher court believes that the decision being reviewed
involves an important legal issue, and that the decision may have significant implications for the
law or for society as a whole. The higher court may order the lower court to provide a full record
of the proceedings, including all evidence, testimony, and legal arguments presented in the
case.
6.7 DE NOVO - A NEW Iana Czherisse V. Salvador
This term is usually associated with the standard of judicial review. When an appellate court
reviews a case de novo, the court gives no deference to the findings of the lower court.

In legal contexts, "de novo" refers to a new trial or review of a case, where the court or reviewer
is required to examine the evidence and make a decision without being bound by the previous
ruling or decision. In this context, "de novo" implies a fresh start or a clean slate, with no
consideration given to the previous judgment or decision.

6.8 EX PARTE - FROM THE PART

Iana Czherisse V. Salvador
This term generally describes hearings held or orders made by the court at the request of one
party without providing notice to or permitting argument from the opposing party – not a
common procedural practice.

Ex parte proceedings are usually only allowed in limited circumstances, such as when urgent
action is needed to prevent harm or when it is impossible or impractical to provide notice to the
other party. For example, in a case where a person needs emergency medical treatment, a
doctor may request an ex parte hearing to obtain permission to provide treatment without the
patient's consent.

6.9 HABEAS CORPUS - THAT YOU HAVE THE BODY

Iana Czherisse V. Salvador
A writ of habeas corpus seeks a ruling on a matter when someone has been imprisoned or
otherwise detained by the government. The writ of habeas corpus is directed at the public
official that is holding the person, so if a case name includes the name of a warden or an
attorney general, it is likely a habeas proceeding.

The concept of habeas corpus is based on the principle that no person should be detained or
imprisoned without sufficient legal justification. Habeas corpus is often referred to as the "Great
Writ of Liberty" because it is a fundamental safeguard against arbitrary detention and is
considered a cornerstone of democratic societies.

Habeas corpus petitions can be filed by anyone who is being detained or imprisoned, or by
someone acting on their behalf. The petition must typically provide evidence or arguments to
show that the detention is unlawful, such as a lack of probable cause for an arrest or a violation
of due process rights.
 7.1 IN CAMERA – IN A CHAMBER
Katleen Diane D. Sanchez

The Latin term “in camera” means “in a chamber”

IN LEGAL CONTEXT: in private conversation with a

judge, in his chamber

This Latin phrase is used in law to refer to proceedings

conducted without public access. While many legal
systems place an emphasis on holding trial proceedings
in public whenever possible, there can be special
situations where proceedings need to be held
confidentially. However, clear justifications must be
provided for moving proceedings to a private location.
For example, protecting witnesses, there are people at
risk for their testimony most especially those young
children who might be upset by being in a crowded
courtroom with strangers. Also, companies may request hearings in camera to protect trade
secrets, under the argument that being forced to disclose such information in public is damaging
and unfair. Either side in a case can make a request to hold an entire trial or a part of a trial in
camera, but parties must present arguments to support the request. The judge will review the
arguments presented and make a decision, considering the law, precedent, and the concerns
raised by the parties in the case. If proceedings are held in camera, they are usually still
recorded and can be referenced later by the judges.

7.2 IN FORMA PAUPERIS – IN THE MANNER OF A

PAUPER Katleen Diane D. Sanchez

The Latin term “In forma pauperis” means "in the manner of
a pauper"

Referring to a party to a lawsuit who gets filing fees waived

by filing a statement, often in the form of an affidavit,
declaring the inability to pay.
Lack of ability to pay or indigency, is a legal reason for having certain required fees waived,or
apppointment of legal counsel. However, being declared eligible for free services has
constitutional due process requirements applicable to an indigent person's access to services
and processes in the legal system. Often, in the form of an affidavit of indigency must be
submitted in order to have a legally required fee waived.

7.3 IN RE – IN THE MATTER OF

Katleen Diane D. Sanchez
The Latin term “in re” means “in the matter of”

The term is used in legal documents to refer to a case, particularly a case without an
opposing party

For example, proceedings to determine various claims to the assets of a bankrupt company
could be called In re Klein Company, or In the matter of Klein Company. Another example, "In re
Estate of Ruth Bentley" might be used to refer to a probate case about the estate of Ruth
Bentley.

7.4 MANDAMUS – WE COMMAND

Katleen Diane D. Sanchez

The Latin term “mandamus” means “we command”

An order from a court to an inferior government official ordering

the government official to properly fulfil their official duties
correctly
A writ of mandamus is a court order that requires another court,
government official, public body, corporation, or individual to perform a
certain act. For example, after a hearing, a court might issue a writ of
mandamus forcing a public school to admit certain students on the
grounds that the school illegally discriminated against them when it denied them admission. A
writ of mandamus is the opposite of an order to cease and desist, or stop doing something (an
injunction). Also called a "writ of mandate."
7.5 PER CURIAM – BY THE COURT AS A WHOLE
Katleen Diane D. Sanchez
➢ The Latin term “per curiam” means “through or by the court”
➢ A per curiam decision is a court opinion issued in the name of the Court rather than
specific judges.

Per curiam referred to as a judgment of the entire panel of judges without any specific name
being attached to it. Another way to put it, is the written opinion of the court which is put forward
by the chief or the presiding judge. Per curiam judgments are brief in nature and they are given
in cases which are uncontroversial.

7.6 PRO BONO (PUBLICO) – FOR THE PUBLIC GOOD

Katleen Diane D. Sanchez
➢ The Latin phrase pro bono publico means "for the public good"
➢ The term generally refers to services that are rendered by a professional for free or at a
lower cost.

Professionals in many fields offer pro bono services to non-profit organizations. These
organizations include hospitals, universities, national charities, churches, and foundations. It is
also possible to do pro bono work for individual clients who cannot afford to pay.

7.7 PRO SE – FOR ONESELF; ON ONE’S OWN BEHALF;

WITHOUT A LAWYER
Katleen Diane D. Sanchez

➢ Pro se is Latin for self or “in one's own behalf”

➢ Pro se litigants are those that are representing themselves in court without an attorney.
A person represents himself/herself in court when either filing an action or responding to an
action without the assistance of an attorney it is called Pro se. Pro se litigants need not have
the skill and experience of a lawyer, but should be made aware of the dangers and
disadvantages of self-representation, so that the record will establish that he knows what he is
doing.

7.8 SUA SPONTE – OF ONE’S OWN ACCORD;

VOLUNTARILY Katleen Diane D. Sanchez
➢ A Latin term meaning "of one's own will."
➢ Referring to a judge's order made without a request by any party to the case

If a court is permitted to act sua sponte, a court can take an action in a case without a request
from either party. For example, in many jurisdictions, if a court becomes aware that it lacks
subject matter jurisdiction over a case, it may raise the issue sua sponte and dismiss the lawsuit
even though the litigants did not present the issue for consideration.

7.9 QUASI – AS IF Katleen Diane D. Sanchez

➢ The word quasi is Latin for “as if” meaning, almost alike but not perfectly alike.
➢ It is used as a prefix or an adjective to inform some measure of similarity with a critical
difference. A quasi-item is not an accurate example of the item, but it is close to the item
minus some critical elements of the item.

For example, quasi contract, a contract implied in law or an implied-in-law contract, there is a
restitution obligation implied by law or equity to prevent unjust enrichment. It is not a formal
contract, but it outlines implied obligations in situations where an entity acted unilaterally to
make a binding obligation toward another. In contracts, there is mutual assent between parties
to produce the obligation. However, there are no consents in quasi-contracts, and the obligation
arises from the law or natural equity.

This term is a favorite prefix of lawyers and courts everywhere. It can be added to any term to
make an argument that one thing is like another, e.g., “even if it was not technically a judicial
action, it was a quasi-judicial action.”
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KATLEEN DIANE D. SANCHEZ

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