PHILIPPINE LEGAL DOCTRINES as compiled by Atty. Alvin T. judicial precedents.

It requires courts in a country to follow the rule

Claridades established in a decision of its Sup. Court. That decision becomes a
judicial precedent to be followed in subsequent cases by all courts in
PHILIPPINE LEGAL DOCTRINES the land. [Phil. Guardians Brotherhood, Inc. (PGBI) v. Comelec, GR
190529, Apr. 29, 2010].
Doctrine of absolute privilege. Doctrine that protects persons from
claims alleging defamation where the alleged defamatory statements Doctrine of agency by estoppel. Also known as the Doctrine of
were made by members of legislative assemblies while on the floor of holding out. The doctrine where the principal will be estopped from
the assembly or communications made in the context of judicial denying the grant of authority if 3rd parties have changed their
proceedings, as part of a trial. positions to their detriment in reliance on the representations made.

Doctrine of absorption of common crimes. Also called Hernandez Doctrine of alter ego. A doctrine based upon the misuse of a
doctrine. The rule enunciated in People v. Hernandez [99 Phil. Rep corporation by an individual for wrongful or inequitable purposes, and
515 (1956)] that the ingredients of a crime form part and parcel in such case the court merely disregards the corporate entity and
thereof, and hence, are absorbed by the same and cannot be holds the individual responsible for acts knowingly and intentionally
punished either separately therefrom or by the application of Art. 48 of done in the name of the corporation. The doctrine imposes upon the
the Rev. Penal Code. [Enrile v. Amin, GR 93335, Sept. 13, 1990]. It individual who uses a corporation merely as an instrumentality to
held that the crime of rebellion under the Rev. Penal Code of the conduct his own business liability as a consequence of fraud or
Phils. is charged as a single offense, and that it cannot be made into a injustice perpetuated not on the corporation, but on third persons
complex crime. dealing with the corporation. [Cited Sulo ng Bayan, Inc. v. Araneta,
Inc., GR L-31061 Aug. 17, 1976].
Doctrine of actio personalis moritur cum persona. Lat. [The
doctrine that] personal action terminates or dies with the person. Doctrine of apparent authority. [T]he doctrine [under which] acts
[Santos v. Sec. of Labor, L-21624, 27 Feb. 1968]. and contracts of the agent, as are within the apparent scope of the
authority conferred on him, although no actual authority to do such
Doctrine of adherence of jurisdiction. Rem. Law. 1. The principle acts or to make such contracts has been conferred, bind the principal.
that once a court has acquired jurisdiction, that jurisdiction continues The principal’s liability, however, is limited only to 3rd persons who
until the court has done all that it can do in the exercise of that have been led reasonably to believe by the conduct of the principal
jurisdiction. 2. The doctrine holding that [e]ven the finality of the that such actual authority exists, although none was given. In other
judgment does not totally deprive the court of jurisdiction over the words, apparent authority is determined only by the acts of the
case. What the court loses is the power to amend, modify or alter the principal and not by the acts of the agent.[Banate v. Phil. Countryside
judgment. Even after the judgment has become final, the court retains Rural Bank, Inc., GR 163825, July 13, 2010].Also called the Holding
jurisdiction to enforce and execute it [Echegaray v. Sec. of Justice, out theory; or Doctrine of ostensible agency or Agency by estoppel.
301 SCRA 96]. Also called Doctrine of continuity of jurisdiction. See Apparent authority doctrine.

Doctrine of adherence to judicial precedents. Also called the Doctrine of assumption of risk. The precept that denotes that a
Doctrine of stare decisis. [The] doctrine [that] enjoins adherence to person who knows and comprehends the peril and voluntarily

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exposes himself or herself to it, although not negligent in doing so, is Doctrine of command responsibility. The doctrine under which any
regarded as engaging in an assumption of the risk and is precluded government official or supervisor, or officer of the PNP or that of any
from a recovery for an injury ensuing therefrom. Also called Doctrine other law enforcement agency shall be held accountable for “Neglect
of volenti non fit injuria. of Duty” if he has knowledge that a crime or offense shall be
committed, is being committed, or has been committed by his
Doctrine of attractive nuisance. A legal doctrine which makes a subordinates, or by others within his area of responsibility and,
person negligent for leaving a piece of equipment or other condition despite such knowledge, he did not take preventive or corrective
on property which would be both attractive and dangerous to curious action either before, during, or immediately after its commission. [Sec.
children. These have included tractors, unguarded swimming pools, 1, EO 226. Feb. 17, 1995].
open pits, and abandoned refrigerators. Liability could be placed on
the people owning or controlling the premises even when the child Doctrine of comparative injury. A rule in equity which states that
was a trespasser who sneaked on the property. See Attractive although a person is entitled to injunctive relief, if the injury done to
nuisance doctrine. the respondent or the public would be disproportionate, then injunctive
relief must be denied.
Doctrine of bar by prior judgment. Rem. Law. [A concept of res
judicata holding that] When, as between the first case where the Doctrine of comparative negligence, [The doctrine that allows] a
judgment was rendered and the second case that is sought to be recovery by a plaintiff whose own act contributed to his injury,
barred, there is identity of parties, subject matter, and causes of provided his negligence was slight as compared with that of the
action. In this instance, the judgment in the first case constitutes an defendant. [Rakes v. The Atlantic, Gulf and Pacific, Co., GR 1719,
absolute bar to the second action. [Antonio v. Sayman Vda. de Monje, Jan. 23, 1907].
GR 149624, 29 Sept. 2010, 631 SCRA 471, 480].
Doctrine of compassionate justice. The doctrine that the harsh
Doctrine of caveat emptor. Also called the Doctrine of let the buyer provisions of law and the rigid rules of procedure may sometimes be
beware. A warning that notifies a buyer that the goods he or she is tempered and dispensed with to give room for compassion.
buying are “as is,” or subject to all defects. The principle under which
the buyer could not recover damages from the seller for defects on Doctrine of completeness. [The doctrine holding that] a dying
the property that rendered the property unfit for ordinary purposes. declaration to be admissible must be complete in itself. To be
The only exception was if the seller actively concealed latent defects complete in itself does not mean that the declarant must recite
or otherwise made material misrepresentations amounting to fraud. everything that constituted the res gestae of the subject of his
statement, but that his statement of any given fact should be a full
Doctrine of collateral estoppel. A doctrine that prevents a person expression of all that he intended to say as conveying his meaning in
from relitigating an issue. Once a court has decided an issue of fact or respect of such fact. [People v. De Joya, GR 75028, Nov. 8, 1991].
law necessary to its judgment, that decision preclude[s] relitigation of
the issue in a suit on a different cause of action involving a party to Doctrine of conclusiveness of judgment. Rem. Law. A concept of
the first case. Also called Doctrine of preclusion of issues. res judicata holding that] where there is identity of parties in the first
and second cases, but no identity of causes of action, the first
judgment is conclusive only as to those matters actually and directly

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controverted and determined and not as to matters merely involved to render it inequitable for him to retain the property, is in equity to be
therein. Stated differently, any right, fact or matter in issue directly regarded as a trustee ex maleficio thereof for a person who suffers by
adjudicated or necessarily involved in the determination of an action reason of the fraud or other wrong, and is equitably entitled to the
before a competent court in which judgment is rendered on the merits property, even though such beneficiary may never have any legal
is conclusively settled by the judgment therein and cannot again be estate therein. [Magallon v. Montejo, GR 73733, Dec. 16, 1986].
litigated between the parties and their privies, whether or not the Doctrine of continuity of jurisdiction. Rem. Law. The general
claim, demand, purpose, or subject matter of the two actions is the principle that once a court has acquired jurisdiction, that jurisdiction
same. [Antonio v. Sayman Vda. de Monje, GR 149624, 29 Sept. continues until the court has done all that it can do to exercise that
2010, 631 SCRA 471, 480]. jurisdiction. See Doctrine of adherence of jurisdiction.

Doctrine of condonation. Admin. Law. [The doctrine that a] public Doctrine of corporate negligence. [T]he judicial answer to the
official cannot be removed for administrative misconduct committed problem of allocating hospital’s liability for the negligent acts of health
during a prior term, since his re-election to office operates as a practitioners, absent facts to support the application of respondeat
condonation of the officer’s previous misconduct to the extent of superior or apparent authority. Its formulation proceeds from the
cutting off the right to remove him therefor. The foregoing rule, judiciary’s acknowledgment that in these modern times, the duty of
however, finds no application to criminal cases pending against providing quality medical service is no longer the sole prerogative and
petitioner. [Aguinaldo v. Santos, 212 SCRA 768, 773 (1992)]. Also responsibility of the physician. The modern hospitals have changed
called Doctrine of forgiveness. structure. Hospitals now tend to organize a highly professional
medical staff whose competence and performance need to be
Doctrine of constitutional supremacy. [The doctrine that] if a law or monitored by the hospitals commensurate with their inherent
contract violates any norm of the constitution, that law or contract, responsibility to provide quality medical care. [Professional Services,
whether promulgated by the legislative or by the executive branch or Inc. v. Agana, GR 126297, Jan. 31, 2007].
entered into by private persons for private purposes, is null and void
and without any force and effect. Thus, since the Constitution is the Doctrine of corporate responsibility. The doctrine following which it
fundamental, paramount and supreme law of the nation, it is deemed was held that] a hospital x x x has the duty to see that it meets the
written in every statute and contract. [Manila Prince Hotel v. GSIS, standards of responsibilities for the care of patients. Such duty
335 Phil. 101 (1997]. includes the proper supervision of the members of its medical staff.
[Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007].
Doctrine of constructive compliance. Succ. Doctrine which states
that if, without the fault of the heir, the modal institution cannot take Doctrine of deference and non-disturbance on appeal. [The
effect in the exact manner stated by the testator, it shall be complied doctrine that the Sup.] Court on appeal would not disturb the findings
with in a manner most analogous to and in conformity with his wishes. of the trial court on the credibility of witnesses in view of the latter’s
[Art. 883, CC]. advantage of observing at first hand their demeanor in giving their
testimony. [Tehankee, concurring op., Llamoso v Sandiganbayan, GR
Doctrine of constructive trust. A general principle that one who L-63408 & 64026 Aug. 7, 1985].
acquires land or other property by fraud, misrepresentation,
imposition, or concealment, or under any such other circumstances as

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Doctrine of dependent relative revocation. Succ. Doctrine which contract cases involving fraud, which is a misrepresentation of a
states that a revocation subject to a condition does not revoke a will material fact that is intended to deceive a person who relies on it.
unless and until the condition occurs. Thus, where a testator “revokes”
a will with the proven intention that he would execute another will, his Doctrine of equitable recoupment. It provides that a claim for refund
failure to validly make a latter will would permit the allowance of the barred by prescription may be allowed to offset unsettled tax liabilities
earlier will. should be pertinent only to taxes arising from the same transaction on
which an overpayment is made and underpayment is due.
Doctrine of discovered peril. The doctrine [holding] that where both
parties are negligent, but the negligent act of one is appreciably later Doctrine of equivalents. The rule stating that an infringement also
in time than that of the other, or when it is impossible to determine takes place when a device appropriates a prior invention by
whose fault or negligence should be attributed to the incident, the one incorporating its innovative concept and, although with some
who had the last clear opportunity to avoid the impending harm and modification and change, performs substantially the same function in
failed to do so is chargeable with the consequences thereof. [See substantially the same way to achieve substantially the same result.
Picart v. Smith, 37 Phil. 809]. See Last clear chance doctrine. [Smith Kline and Beckman Corp. v. CA, 409 SCRA 33].

Doctrine of disregarding the distinct personality of the Doctrine of equivalents test. A test established to determine
corporation. [The doctrine stating that] when “the notion of legal infringement which recognizes that minor modifications in a patented
entity is used to defeat public convenience, justify wrong, protect invention are sufficient to put the item beyond the scope of literal
fraud, or defend crime, x x x the law will regard the corporation as an infringement. Thus, an infringement also occurs when a device
association of persons, or in the case of two corporations, merge appropriates a prior invention by incorporating its innovative concept
them into one, the one being merely regarded as part or and, albeit with some modification and change, performs substantially
instrumentality of the other. [Yutivo & Sons Hardware Co. v. CTA, 1 the same function in substantially the same way to achieve
SCRA 160]. The same is true where a corporation is a dummy and substantially the same result. [Godinez v. CA, GR 97343. Sep. 13,
serves no business purpose and is intended only as a blind, or an 1993]. Compare with Literal infringement test.
alter ego or business conduit for the sole benefit of the stockholders.
[McConnel v. CA, 1 SCRA 722]. Doctrine of estoppel. Rem. Law. [A doctrine] based on grounds of
public policy, fair dealing, good faith and justice, [the] purpose [of
Doctrine of effective occupation. A doctrine in international law which] is to forbid one to speak against his own act, representations,
which holds that in order for a nation to occupy a coastal possession, or commitments to the injury of one to whom they were directed and
it also had to prove that it controlled sufficient authority there to who reasonably relied thereon. [PNB v. CA, 94 SCRA 357].
protect existing rights such as freedom of trade and transit. See
Effective occupation doctrine. Doctrine of estoppel by laches. Rem. Law. An equitable doctrine by
which some courts deny relief to a claimant who has unreasonably
Doctrine of election of remedies. A doctrine developed to prevent a delayed or been negligent in asserting a claim. A person invoking
plaintiff from a double recovery for a loss, making the person pursue laches should assert that an opposing party has slept on his/her rights
only one remedy in an action. Although its application is not restricted and that the party is no longer entitled to his/her original claim.
to any particular cause of action, it is most commonly employed in

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Doctrine of executive privilege. [The doctrine stating that a] “x x x of the land. Just as the losing party has the right to file an appeal
President and those who assist him must be free to explore within the prescribed period, the winning party also has the correlative
alternatives in the process of shaping policies and making decisions right to enjoy the finality of the resolution of his case. The doctrine of
and to do so in a way many would be unwilling to express except finality of judgment is grounded on fundamental considerations of
privately. These are the considerations justifying a presumptive public policy and sound practice, and that, at the risk of occasional
privilege for Presidential communications. The privilege is errors, the judgments or orders of courts must become final at some
fundamental to the operation of government and inextricably rooted in definite time fixed by law; otherwise, there would be no end to
the separation of powers under the Constitution x x x ” [Almonte v. litigations, thus setting to naught the main role of courts of justice
Vasquez, 314 Phil. 150 (1995)]. which is to assist in the enforcement of the rule of law and the
maintenance of peace and order by settling justiciable controversies
Doctrine of exhaustion of administrative remedies. The general with finality. [Gallardo-Corro v. Gallardo, 403 Phil. 498 (2001)].
rule that before a party may seek the intervention of the court, he
should first avail of all the means afforded him by administrative Doctrine of forgiveness. See Doctrine of condonation.
processes. The issues which administrative agencies are authorized
to decide should not be summarily taken from them and submitted to Doctrine of forum non-conveniens. Lat. The forum is inconvenient.
a court without first giving such administrative agency the opportunity Priv. Internatl. Law. [A rule designed] to deter the practice of global
to dispose of the same after due deliberation. [Rep. v. Lacap, GR forum shopping, [Coquia and Aguiling-Pangalangan, Conflicts Of
158253, Mar. 2, 2007, 517 SCRA 255]. Laws, pp. 40-41, 2000 Ed.] that is to prevent non-resident litigants
from choosing the forum or place wherein to bring their suit for
Doctrine of fair comment. A doctrine in the law of libel, which means malicious reasons, such as to secure procedural advantages, to
that while in general every discreditable imputation publicly made is annoy and harass the defendant, to avoid overcrowded dockets, or to
deemed false, because every man is presumed innocent until his guilt select a more friendly venue. Under this doctrine, a court, in conflicts
is judicially proved, and every false imputation is directed against a of law cases, may refuse impositions on its jurisdiction where it is not
public person in his public capacity, it is not necessarily actionable. In the most “convenient” or available forum and the parties are not
order that such discreditable imputation to a public official may be precluded from seeking remedies elsewhere. [First Phil. Internatl.
actionable, it must either be a false allegation of fact or a comment Bank v. CA, 252 SCRA 259, 281 (1996).].
based on a false supposition. If the comment is an expression of
opinion, based on established facts, then it is immaterial that the Doctrine of governmental immunity from suit. The doctrine that no
opinion happens to be mistaken, as long as it might reasonably be governmental body can be sued unless it gives permission.
inferred from the facts. [Borjal v. CA, 361 Phil. 1999].
Doctrine of hierarchy of courts. Rem. Law. An established policy
Doctrine of finality of judgment. Rem. Law. [The doctrine that] once that parties must observe the hierarchy of courts before they can seek
a judgment attains finality it thereby becomes immutable and relief directly from th[e Sup.] Court. Therationale for this rule is
unalterable. It may no longer be modified in any respect, even if the twofold: (a) it would be an imposition upon the limited time of th[e
modification is meant to correct what is perceived to be an erroneous Sup.] Court; and (b) it would inevitably result in a delay, intended or
conclusion of fact or law, and regardless of whether the modification is otherwise, in the adjudication of cases, which in some instances, had
attempted to be made by the court rendering it or by the highest court to be remanded or referred to the lower court as the proper forum

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under the rules of procedure, or as better equipped to resolve the pro tunc entries that cause no prejudice to any party; (3) void
issues because th[e Sup.] Court is not a trier of facts. [Heirs of Hinog judgments; and (4) whenever circumstances transpire after the finality
v. Melicor, GR 140954, 12 Apr. 2005, 455 SCRA 460]. of the decision rendering its execution unjust and inequitable. [Temic
Semiconductors, Inc. Employees Union (TSIEU)-FFW v. Federation of
Doctrine of holding out. Also known as the Doctrine of agency by Free Workers (FFW), GR 160993, May 20, 2008, 554 SCRA 122,
estoppel. The doctrine where the principal will be estopped from 134].
denying the grant of authority if 3rd parties have changed their
positions to their detriment in reliance on the representations made. Doctrine of immutability of judgment. A fundamental legal principle
that a decision that has acquired finality becomes immutable and
Doctrine of hold-over. The doctrine under which a public officer unalterable, and may no longer be modified in any respect, even if the
whose term has expired or services have been terminated is allowed modification is meant to correct erroneous conclusions of fact and
to continue holding his office until his successor is appointed or law, and whether it be made by the court that rendered it or by the
chosen and had qualified. highest court of the land. The only exceptions to the general rule on
finality of judgments are the so-called nunc pro tunc entries which
Doctrine of immunity from suit. 1. [The doctrine the application of cause no prejudice to any party, void judgments, and whenever
which] has been restricted to sovereign or governmental activities circumstances transpire after the finality of the decision which render
[jure imperii]. The mantle of state immunity cannot be extended to its execution unjust and inequitable. [Sacdalan v. CA, GR 128967,
commercial, private and proprietary acts [jure gestionis]. [Jusmag v. May 20, 2004, 428 SCRA 586, 599].
NLRC, GR 108813. Dec. 15, 1994]. 2. The restrictive application of
State immunity is proper when the proceedings arise out of Doctrine of implications. Stat. Con. That which is plainly implied in
commercial transactions of the foreign sovereign, its commercial the language of a statute is as much a part of it as that which is
activities or economic affairs. Stated differently, a State may be said expressed. [In Re: McCulloch Dick, 35 Phil. 41, 45, 50].
to have descended to the level of an individual and thus can be
deemed to have tacitly given its consent to be used only when it Doctrine of implied municipal liability. A municipality may become
enters into business contracts. It does not apply where the contract obligated upon an implied contract to pay the reasonable value of the
relates to the exercise of its sovereign functions. [US v. Ruiz, GR L- benefits accepted or appropriated by it as to which it has the general
35645, May 22, 1985, 136 SCRA 487, 490]. power to contract. [Province of Cebu v. IAC, 147 SCRA 447].

Doctrine of immutability and inalterability of a final judgment. Doctrine of implied trust. [The doctrine] enunciated in Art. 1456 of
The doctrine that has a two-fold purpose: (1) to avoid delay in the the Civ. Code [which provides that] if property is acquired through
administration of justice and thus, procedurally, to make orderly the mistake or fraud, the person obtaining it is, by force of law, considered
discharge of judicial business and (2) to put an end to judicial a trustee of an implied trust for the benefit of the person from whom
controversies, at the risk of occasional errors, which is precisely why the property comes.” [Armamento v. Guerrero, GR L-34228 Feb. 21,
courts exist. [SSS v. Isip, GR 165417, Apr. 3, 2007]. 1980].

Doctrine of immutability and inalterability of a final judgment. Doctrine of in pari delicto. Legalprinciple that if two parties in a
Exceptions: (1) the correction of clerical errors; (2) the so-called nunc dispute are equally at fault, then the party in possession of the

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contested property gets to retain it and the courts will not interfere with Doctrine of interlocking confessions. Evid. [The doctrine under
the status quo. It implies that if a party whose action or failure to act which] extra-judicial confessions independently made without
precipitates breach of a contract, or who fails to take appropriate collusion which are identical with each other in their essential details
action or takes inappropriate action to limit or recoup a loss, such and are corroborated by other evidence on record are admissible, as
party may not claim nor be awarded damages. circumstantial evidence, against the person implicated to show the
probability of the latter’s actual participation in the commission of the
Doctrine of inappropriate provision. [It deals with] item provisions crime. [People v. Molleda, 86 SCRA 667, 701 (1978)].
[in a budget bill] that are to be treated as items for the President’s veto
power. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 133]. Doctrine of inverse condemnation. [It involves] [t]he action to
recover just compensation from the State or its expropriating agency.
Doctrine of incompatibility of public offices. Pol. Law. It concerns It has the objective to recover the value of property taken in fact by
a potential clash of two incompatible public offices held by a single the governmental defendant, even though no formal exercise of the
official. In other words, the doctrine concerns a conflict between an power of eminent domain has been attempted by the taking agency.
individual’s performance of potentially overlapping public duties. [Napocor v. Heirs of Sangkay, GR 165828, Aug. 24, 2011].

Doctrine of incorporation. Intl. Law. The doctrine that states that Doctrine of judicial admissions. [The] well-settled [doctrine] that
the rules of Intl. Law form part of the law of the land and no legislative judicial admissions cannot be contradicted by the admitter who is the
action is required to make them applicable to a country. The Phils. party himself and binds the person who makes the same, and absent
follows this doctrine, because Sec. 2. Art. II of the Consti. states that any showing that this was made thru palpable mistake, no amount of
the Phils. adopts the generally accepted principles of international law rationalization can offset it. [Binarao v. Plus Builders, Inc., GR
as part of the law of the land. 154430, June 16, 2006, 491 SCRA 49, 54].

Doctrine of indefeasibility of torrens titles. A certificate of title, Doctrine of judicial stability. [The doctrine that] no court can
once registered, should not thereafter be impugned, altered, changed, interfere by injunction with the judgments or orders of another court of
modified, enlarged or diminished except in a direct proceeding concurrent jurisdiction having the power to grant the relief sought by
permitted by law. [De Pedro v. Romasan, GR 158002, Feb. 28, 2005]. the injunction. [Cabili v. Balindong, AM RTJ-10-2225, Sept. 6, 2011].

Doctrine of indelible allegiance. The doctrine that an individual may Doctrine of judicial stability. An elementary principle in the
be compelled to retain his original nationality notwithstanding that he administration of justice [where] no court can interfere by injunction
has already renounced or forfeited it under the laws of the 2nd state with the judgments or orders of another court of concurrent jurisdiction
whose nationality he has acquired. having the power to grant the relief sought by the injunction. [Go v.
Villanueva, Jr., GR 154623, Mar. 13, 2009, 581 SCRA 126, 131-132].
Doctrine of informed consent. A duty imposed on a doctor to See Doctrine of non-interference.
explain the risks of recommended procedures to a patient before a
patient determines whether or not he or she should go forward with Doctrine of judicial supremacy. 1. [The doctrine recognizing that]
the procedure. See Informed consent doctrine. the judiciary is vested with the power to annul the acts of either the
legislative or the executive or of both when not conformable to the

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fundamental law. [Assoc. of Small Landowners v. Sec. of Agrarian Doctrine of last clear chance. Also known as the Doctrine of
Reform, GR 78742. July 14, 1989]. 2. The power of judicial review discovered peril or the Humanitarian doctrine. A doctrine in the law of
under the Constitution. [Angara v. Electoral Commission, 63 Phil. torts which states that the contributory negligence of the party injured
139]. will not defeat the claim for damages if it is shown that the defendant
might, by the exercise of reasonable care and prudence, have
Doctrine of jus sanguinis.Lat. Right of blood. A principle of avoided the consequences of the negligence of the injured party. In
nationality law by which citizenship is not determined by place of birth such cases, the person who had the last clear chance to avoid the
but by having instead one or both parents who are citizens of the state mishap is considered in law solely responsible for the consequences
or more generally by having state citizenship or membership to a thereof. [Ong v. Metropolitan Water District, 104 Phil. 405 (1958)].
nation determined or conferred by ethnic, cultural or other descent or See Last clear chance doctrine.
origin.
Doctrine of legal entity of the separate personality of the
Doctrine of jus soli.Lat. Right of the soil. The doctrine recognizing corporation. [The doctrine] that a corporation may not be made to
the right of anyone born in the territory of a state to nationality or answer for acts and liabilities of its stockholders or those of legal
citizenship. entities to which it may be connected or vice versa. [Panay, Inc. v.
Clave, GR L-56076, Sept. 21, 1983, 124 SCRA 638].
Doctrine of laches. Also Doctrine of stale demands. 1. [A doctrine]
based upon grounds of public policy which requires, for the peace of Doctrine of let the buyer beware. Also called the Doctrine of
society, the discouragement of stale claims and x x x is principally a caveat emptor. A warning that notifies a buyer that the goods he or
question of the inequity or unfairness of permitting a right or claim to she is buying are “as is,” or subject to all defects. The principle under
be enforced or asserted. [Tijam v. Sibonghanoy, 23 SCRA 29 (1968)]. which the buyer could not recover damages from the seller for defects
2. The time-honored rule anchored on public policy that relief will be on the property that rendered the property unfit for ordinary purposes.
denied to a litigant whose claim or demand has become “stale”, or The only exception was if the seller actively concealed latent defects
who has acquiesced for an unreasonable length of time, or who has or otherwise made material misrepresentations amounting to fraud.
not been vigilant or who has slept on his rights either by negligence,
folly or inattention. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Doctrine of liberal construction of retirement laws. Stat. Con. [The
doctrine] that retirement laws are liberally construed and administered
Doctrine of lack of capacity to sue. The doctrine of lack of capacity in favor of the persons intended to be benefited. All doubts as to the
to sue based on failure to first acquire a local license is based on intent of the law should be resolved in favor of the retiree to achieve
considerations of public policy. It was never intended to favor nor its humanitarian purposes. [Borromeo v. CSC, 199 SCRA 924 (1991)].
insulate from suit unscrupulous establishments or nationals in case of
breach of valid obligations or violations of legal rights of unsuspecting Doctrine of limited liability. The ship agent shall also be civilly liable
foreign firms or entities simply because they are not licensed to do for the indemnities in favor of 3rd persons which may arise from the
business in the country. [Facilities Mngt. Corp. v. De la Osa, GR L- conduct of the captain in the care of the goods which he loaded on the
38649, Mar. 26, 1979, 89 SCRA 131]. vessel; but he may exempt himself therefrom by abandoning the
vessel with all the equipments and the freight it may have earned

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during the voyage. [Art. 587, Code of Commerce; Yangco v. Lasema, or of any encumbrance thereon, protects a buyer or mortgagee who,
73 Phil. 330 (1941)]. See Limited liability doctrine. in good faith, relied upon what appears on the face of the certificate of
title. [Cavite Devt. Bank v. Sps. Lim, GR 131679, 1 Feb. 2000].
Doctrine of lis pendens. Lat. A pending suit. The jurisdiction, power
or control which a court acquires over the property involved in a suit Doctrine of mutuality of remedy. A civil law doctrine founded on the
pending the continuance of the action and until final judgment idea that one party should not obtain from equity that which the other
thereunder. party could not obtain.

Doctrine of loss of confidence. Requisites: (1) Loss of confidence Doctrine of necessary implication. Stat. Con. The doctrine which
should not be simulated; (2) it should not be used as a subterfuge for states that what is implied in a statute is as much a part thereof as
causes which are improper, illegal, or unjustified; (3) it may not be that which is expressed. [Natl. Assoc. of Trade Unions (NATU) v.
arbitrarily asserted in the face of overwhelming evidence to the Torres, GR 93468. Dec. 29, 1994].
contrary; (4) it must be genuine, not a mere afterthought to justify an
earlier action taken in bad faith; and (5) the employee involved holds a Doctrine of non-delegation. 1. [The principle that] delegated power
position of trust and confidence. [Midas Touch Food Corp. v. NLRC, constitutes not only a right but a duty to be performed by the delegate
GR 111639, July 29, 1996, 259 SCRA 652]. See Loss of confidence through the instrumentality of his own judgment and not through the
doctrine. intervening mind of another. 2. The recognized exceptions to this
principle are as follows: (1) Delegation of tariff powers to the Pres.
Doctrine of malicious prosecution. [The doctrine that pertains to] under Sec. 28 (2) of Art. VI of the Consti.; (2) Delegation of
persecution through the misuse or abuse of judicial processes; or the emergency powers to the Pres. under Sec. 23(2) of Art. VI of the
institution and pursuit of legal proceedings for the purpose of Consti.; (3) Delegation to the people at large; (4) Delegation to local
harassing, annoying, vexing or injuring an innocent person. governments; and (5) Delegation to administrative bodies. [Abakada
[Villanueva v. UCPB, GR 138291, Mar. 7, 2000]. Guro Party List v. Ermita, GR 168056, Sept. 1, 2005, 469 SCRA 1,
115-116].
Doctrine of management prerogative. [The doctrine under which]
every employer has the inherent right to regulate, according to his Doctrine of non-interference. Rem. Law. An elementary principle of
own discretion and judgment, all aspects of employment, incl. hiring, higher importance in the administration of justice that the judgment of
work assignments, working methods, the time, place and manner of a court of competent jurisdiction may not be opened, modified, or
work, work supervision, transfer of employees, lay-off of workers, and vacated by any court of concurrent jurisdiction. [Rep. v. Reyes, 155
discipline, dismissal, and recall of employees. [Rural Bank of Cantilan, SCRA 313 (1987)]. Also Doctrine of judicial stability.
Inc. vs Julve, 517 SCRA 17].
Doctrine of non-suability. The basic postulate enshrined in the
Doctrine of mortgagee in good faith. The rule that all persons constitution that ‘(t)he State may not be sued without its consent,’
dealing with property covered by a Torrens Certificate of Title, as [which] reflects nothing less than a recognition of the sovereign
buyers or mortgagees, are not required to go beyond what appears on character of the State and an express affirmation of the unwritten rule
the face of the title. The public interest in upholding the indefeasibility effectively insulating it from the jurisdiction of courts. It is based on the
of a certificate of title, as evidence of the lawful ownership of the land

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very essence of sovereignty. [DA v. NLRC, GR 104269, Nov. 11, to challenge a statute on the ground that it violates the [free speech]
1993, 227 SCRA 693]. rights of third parties not before the court, even though the law is
constitutional as applied to that defendant. In other words, the
Doctrine of operative fact. [The doctrine that] nullifies the effects of overbreadth doctrine provides that: “Given a case or controversy, a
an unconstitutional law by recognizing that the existence of a statute litigant whose own activities are unprotected may nevertheless
prior to a determination of unconstitutionality is an operative fact and challenge a statute by showing that it substantially abridges the [free
may have consequences which cannot always be ignored. The past speech] rights of other parties not before the court.” [Chemerinsky,
cannot always be erased by a new judicial declaration. [It] is Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with Doctrine of void for
applicable when a declaration of unconstitutionality will impose an vagueness.
undue burden on those who have relied on the invalid law. [Planters
Products, Inc. v. Fertiphil Corp., GR 166006, 14 Mar. 2008]. See also Doctrine of parens patriae (father of his country). The doctrine
Operative fact doctrine. [referring] to the inherent power and authority of the state to provide
protection of the person and property of a person non sui juries.
Doctrine of ostensible agency. [The doctrine which] imposes Under that doctrine, the state has the sovereign power of
liability, not as the result of the reality of a contractual relationship, but guardianship over persons under disability. Thus, the state is
rather because of the actions of a principal or an employer in considered the parens patriae of minors. [Govt. of the P. I. v. Monte
somehow misleading the public into believing that the relationship or de Piedad, 35 Phil. 728].
the authority exists. [Professional Services, Inc. v. Agana, GR
126297, 126467 and 127590, Jan. 31, 2007, 513 SCRA 478, 500- Doctrine of pari delicto. [The doctrine under which] no recovery can
501]. See Doctrine of ostensible authority. be made in favor of the plaintiffs for being themselves guilty of
violating the law. [Ponce v. CA, GR L-49494 May 31, 1979].
Doctrine of ostensible authority. Also known as Doctrine of
apparent authority. [The doctrine holding that] if a corporation Doctrine of part performance. An equitable principle that allows a
knowingly permits one of its officers, or any other agent, to do acts court to recognize and enforce an oral contract despite its legal
within the scope of an apparent authority, and thus holds him out to deficiencies and provides a way around the statutory bar to the
the public as possessing power to do those acts, the corporation will, enforcement of an oral contract. By applying the doctrine, a party can
as against any one who has in good faith dealt with the corporation establish the existence of a contract despite the lack of any written
through such agent, be estopped from denying his authority evidence. Generally, without written evidence, a contract does not
[Prudential Bank v. CA, GR 103957, June 14, 1993]. satisfy the formal requirements set by the legislature under the statute
of frauds. The doctrine is an exception to this as it allows failure to
Doctrine of outside appearance. The doctrine which states that a comply with the statute of frauds to be overcome by a party’s
corporation is bound by a contract entered into by an officer who acts execution, in reliance on an opposing party’s oral promise, of an oral
without, or in excess of his actual authority, in favor of a person who contract’s requirements.
deals with him in good faith relying on such apparent authority.
Doctrine of piercing the veil of corporate entity. The doctrine used
Doctrine of overbreadth. Consti. Law. [A]n exception to the whenever a court finds that the corporate fiction is being used to
prohibition against third-party standing, [the doctrine] permits a person defeat public convenience, justify wrong, protect fraud, or defend

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crime, or to confuse legitimate issues, or that a corporation is the
mere alter ego or business conduit of a person or where the Doctrine of primary jurisdiction. Rem. Law. [The doctrine that holds
corporation is so organized and controlled and its affairs are so that] if the case is such that its determination requires the expertise,
conducted as to make it merely an instrumentality, agency, conduit or specialized skills and knowledge of the proper administrative bodies
adjunct of another corporation. [Indophil Textile Mill Workers Union v. because technical matters or intricate questions of facts are involved,
Calica, 205 SCRA 697 (1992)]. then relief must first be obtained in an administrative proceeding
before a remedy will be supplied by the courts even though the matter
Doctrine of political question. [The] well-settled doctrine that is within the proper jurisdiction of a court. [Industrial Enterprises, Inc.
political questions are not within the province of the judiciary, except v. CA, GR 88550. Apr. 18, 1990].
to the extent that power to deal with such questions has been
conferred upon the courts by express constitutional or statutory Doctrine of prior restraint. [The doctrine concerning] official
provisions. [Tañada v. Cuenco, GR L-10520, Feb. 28, 1957]. governmental restrictions on the press or other forms of expression in
Doctrine of preclusion of issues. The doctrine un which issues advance of actual publication or dissemination. [Bernas, The 1987
actually and directly resolved in a former suit cannot again be raised Consti. of the Rep. of the Phils., A Commentary, 2003 ed., p. 225].
in any future case between the same parties involving a different
cause of action. [Borlongan v. Buenaventura, GR 167234, Feb. 27, Doctrine of prior use. The principle that prior use of a trademark by
2006]. Also called Doctrine of collateral estoppel. a person, even in the absence of a prior registration, will convert a
claim of legal appropriation by subsequent users.
Doctrine of prejudicial question. The doctrine [that] comes into play
generally in a situation where civil and criminal actions are pending Doctrine of privileged communication. 1. [The doctrine] that
and the issues involved in both cases are similar or so closely related utterances made in the course of judicial proceedings, incl. all kinds of
that an issue must be pre-emptively resolved in the civil case before pleadings, petitions and motions, belong to the class of
the criminal action can proceed. Thus, the existence of a prejudicial communications that are absolutely privileged. [US v. Salera, 32 Phil.
question in a civil case is alleged in the criminal case to cause the 365]. 2. [The doctrine that] statements made in the course of judicial
suspension of the latter pending final determination of the former. proceedings are absolutely privileged – that is, privileged regardless
[Quiambao v. Osorio, GR L-48157 Mar. 16, 1988]. of defamatory tenor and of the presence of malice – if the same are
relevant, pertinent, or material to the cause in hand or subject of
Doctrine of presumed-identity approach. Also called Doctrine of inquiry. [Tolentino v. Baylosis, 1 SCRA 396].
processual presumption. Where a foreign law is not pleaded or,
even if pleaded, is not proved, the presumption is that foreign law is Doctrine of privity of contract. Doctrine that provides that a contract
the same as ours. [EDI-Staffbuilders Internatl., v. NLRC, GR 145587, cannot confer rights or impose obligations arising under it on any
Oct. 26, 2007, 537 SCRA 409, 430]. person or agent except the parties to it. The basic premise is that only
parties to contracts should be able to sue to enforce their rights or
Doctrine of presumption of regularity in the performance of claim damages as such.
official duty. The doctrine holding that every public official, absent
any showing of bad faith and malice, is entitled to the presumption Doctrine of pro reo. Rem. Law. [The doctrine that] where the
regularity in the performance of official duties. evidence on an issue of fact is in question or there is doubt on which

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side the evidence weighs, the doubt should be resolved in favor of the Doctrine of protection against compulsory disclosures. [The
accused. [People v. Abarquez, GR 150762, 20 Jan. 2006, 479 SCRA doctrine that] no person could be compelled to testify against himself
225, 239]. See Pro reo doctrine. or to answer any question which would have had a tendency to
expose his property to a forfeiture or to form a link in a chain of
Doctrine of processual presumption. [The doctrine holding that] if evidence for that purpose, as well as to incriminate him. [Cabal v.
the foreign law involved is not properly pleaded and proved, our Kapunan, Jr., GR L-19052, Dec. 29, 1962].
courts will presume that the foreign law is the same as our local or
domestic or internal law. [Lim v. Collector, 36 Phil. 472]. Doctrine of proximate cause. The [doctrine stating that] proximate
legal cause is that acting first and producing the injury, either
Doctrine of promissory estoppel. [The doctrine under which] an immediately or by settling other events in motion, all constituting a
estoppel may arise from the making of a promise, even though natural and continuous chain of events, each having a close causal
without consideration, if it was intended that the promise should be connection with its immediate predecessor, the final event in the chain
relied upon and in fact it was relied upon, and if a refusal to enforce it immediately affecting the injury as a natural and probable result of the
would be virtually to sanction the perpetration of fraud or would result cause which first acted, under such circumstances that the person
in other injustice. In this respect, the reliance by the promisee is responsible for the first event should, as an ordinarily prudent and
generally evidenced by action or forbearance on his part, and the Idea intelligent person, have reasonable ground to expect at the moment of
has been expressed that such action or forbearance would his act or default that an injury to some person might probably result
reasonably have been expected by the promisor. Mere omission by therefrom. [Vda. de Bataclan v. Medina, GR L-10126, Oct. 22, 1957].
the promisee to do whatever the promisor promised to do has been
held insufficient ‘forbearance’ to give rise to a promissory estoppel.’ Doctrine of public policy. [The doctrine under which], as applied to
[Ramos v. Central Bank of the Phils., GR L-29352, Oct. 4, 1971; 41 the law of contracts, courts of justice will not recognize or uphold a
SCRA 565 at p. 588]. transaction when its object, operation, or tendency is calculated to be
prejudicial to the public welfare, to sound morality or to civic honesty.
Doctrine of proper submission. Consti. Law. 1. All the proposed [Cui v. Arellano University, GR L-15127, 30 May 1961, 2 SCRA 205,
amendments to the Consti. shall be presented to the people for the 209].
ratification or rejection at the same time, not piecemeal. 2. Plebiscite
may be held on the same day as regular election provided the people Doctrine of purposeful hesitation. [The doctrine that charges every
are sufficiently informed of the amendments to be voted upon, to court, including ths Sup. Court,] with the duty of a purposeful
conscientiously deliberate thereon, to express their will in a genuine hesitation before declaring a law unconstitutional, on the theory that
manner. Submission of piece-meal amendments is constitutional. All the measure was first carefully studied by the executive and
the amendments must be submitted for ratification at one plebiscite legislative departments and determined by them to be in accordance
only. The people have to be given a proper frame of reference in with the fundamental law before it was finally approved. [Drilon v. Lim,
arriving at their decision. They have no idea yet of what the rest of the 235 SCRA 135 (1994)].
amended constitution would be. [Tolentino v. Comelec, 41 SCRA
702]. Doctrine of qualification. Conf. of Laws. The process of deciding
whether or not the facts relate to the kind of question specified in a
conflicts rule. The purpose of characterization is to enable the court of

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the forum to select the proper law. [Agpalo, Conflict of Laws, p. 18]. Doctrine of relations back. That principle of law by which an act
See Characterization. done at one time is considered by a fiction of law to have been done
at some antecedent period. It is a doctrine which, although of
Doctrine of qualified political agency. Pol. Law. The doctrine which equitable origin, has a well recognized application to proceedings at
holds that, as the Pres. cannot be expected to exercise his control law; a legal fiction invented to promote the ends of justice or to
powers all at the same time and in person, he will have to delegate prevent injustice end the occurrence of injuries where otherwise there
some of them to his Cabinet members, who in turn and by his would be no remedy. The doctrine, when invoked, must have
authority, control the bureaus and other offices under their respective connection with actual fact, must be based on some antecedent lawful
jurisdictions in the executive department. [Carpio v. Exec. Sec., GR rights. It has also been referred to as “the doctrine of relation back.”
96409. Feb. 14, 1992]. [Allied Banking Corp. v. CA, GR 85868. Oct. 13, 1989]. Also called
Doctrine of relation back.
Doctrine of quantum meruit. Lat. As much as one deserves.
[Doctrine that] prevents undue enrichment based on the equitable Doctrine of renvoi. Fr. Refer back. The process by which a court
postulate that it is unjust for a person to retain benefit without paying adopts the rules of a foreign jurisdiction with respect to any conflict of
for it. [See Soler v. CA, 410 Phil. 264, 273 (2001)]. laws that arises. In some instances, the rules of the foreign state
might refer the court back to the law of the forum where the case is
Doctrine of qui facit per alium. See Doctrine of respondeat being heard.
superior. Doctrine of res gestae. Lat. Things done. Doctrine that is a
recognized exception to the rule against hearsay evidence based on
Doctrine of ratification in agency. [The doctrine pertaining to] the the belief that, because certain statements are made naturally,
adoption or confirmation by one person of an act performed on his spontaneously, and without deliberation during the course of an event,
behalf by another without authority. The substance of the doctrine is they leave little room for misunderstanding or misinterpretation upon
confirmation after conduct, amounting to a substitute for a prior hearing by someone else, i.e., by the witness, who will later repeat the
authority. [Manila Memorial Park Cemetery, Inc. v. Linsangan, GR statement to the court, and thus the courts believe that such
151319, Nov. 22, 2004, 443 SCRA 394-395]. statements carry a high degree of credibility.

Doctrine of rational equivalence. [The] reasonable necessity of the Doctrine of res ipsa loquitur. Lat. The thing itself speaks. A doctrine
means employed [to repel the unlawful aggression] does not imply of law that one is presumed to be negligent if he had exclusive control
material commensurability between the means of attack and defense of whatever caused the injury even though there is no specific
[but] [w]hat the law requires is rational equivalence, in the evidence of an act of negligence, and without negligence the accident
consideration of which will enter the principal factors of the would not have happened.
emergency, the imminent danger to which the person attacked is
exposed, and the instinct, more than the reason, that moves or impels Doctrine of res judicata. The doctrine [that] has 2 aspects. The first
the defense, and the proportionateness thereof does not depend upon is the effect of a judgment as a bar to the prosecution of a second
the harm done, but rests upon the imminent danger of such injury. action upon the same claim, demand or cause of action. The second
[People v. Gutual, 324 Phil. 244, 259-260 (1996)]. aspect is that it precludes the relitigation of a particular fact or issues
in another action between the same parties on a different claim or

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cause of action. [Lopez v. Reyes, GR L-29498, Mar. 31, 1977, 76 reasonably necessary to repel or prevent an actual or threatened
SCRA 179]. unlawful physical invasion or usurpation of his property.”

Doctrine of res perit domino. Lat. The thing is lost to the owner. The Doctrine of separability. [The doctrine that] enunciates that an
doctrine that states that when a thing is lost or destroyed, it is lost to arbitration agreement is independent of the main contract. The
the person who was the owner of it at the time. arbitration agreement is to be treated as a separate agreement and
the arbitration agreement does not automatically terminate when the
Doctrine of respect for administrative or practical construction. contract of which it is part comes to an end. [Gonzales v. Climax
See Respect for administrative or practical construction Mining Ltd., GR 161957, Jan. 22, 2007].
doctrine.
Doctrine of separation of church and state. The doctrine enshrined
Doctrine of respondeat superior.Lat. Let the master answer. A legal in Sec. 6, Art. II of the 1987 Phil. Consti. which provides that: “The
doctrine which states that, in many circumstances, an employer is separation of Church and State shall be inviolable.” The idea
responsible for the actions of employees performed within the course advocated by this principle is to delineate the boundaries between the
of their employment. two institutions and thus avoid encroachments by one against the
other because of a misunderstanding of the limits of their respective
Doctrine of ripeness for judicial review. This [doctrine] determines exclusive jurisdictions. [Austria v. NLRC, GR 124382, 16 August
the point at which courts may review administrative action. The basic 1999].
principle of ripeness is that the judicial machinery should be
conserved for problems which are real and present or imminent and Doctrine of separation of powers. A basic postulate that forbids one
should not be squandered on problems which are future, imaginary or branch of government to exercise powers belonging to another co-
remote. [Mamba v. Lara, GR 165109, Dec. 14, 2009]. equal branch; or for one branch to interfere with the other’s
performance of its constitutionally-assigned functions. [Velasco, Jr.,
Doctrine of secondary meaning. The doctrine [under which] a word concurring op., Neri v. Senate Committee on Accountability of Public
or phrase originally incapable of exclusive appropriation with Officers and Investigations, GR 180643, Mar. 25, 2007].
reference to an article in the market, because geographical or
otherwise descriptive might nevertheless have been used so long and Doctrine of severability. See Doctrine of separability.
so exclusively by one producer with reference to this article that, in
that trade and to that group of the purchasing public, the word or Doctrine of shifting majority. For each House of Congress to pass a
phrase has come to mean that the article was his produce. [Ang v. bill, only the votes of the majority of those present in the session,
Teodoro, 74 Phil. 56]. there being a quorum, is required.

Doctrine of self-help. The doctrine enunciated in Art. 429 of the Civ. Doctrine of sole and exclusive competence of the labor tribunal.
Code which provides: “The owner or lawful possessor of a thing has Labor. The doctrine that recognizes the Labor Arbiters’ exclusive
the right to exclude any person from the enjoyment and disposal jurisdiction to hear and decide the following cases involving all
thereof. For this purpose, he may use such force as may be workers, whether agricultural or non-agricultural: (1) Unfair labor
practice cases; (2) Termination disputes; (3) If accompanied with a

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claim for reinstatement, those cases that workers may file involving the land. [Phil. Guardians Brotherhood, Inc. (PGBI) v. Comelec, GR
wages, rate of pay, hours of work and other terms and conditions of 190529, Apr. 29, 2010].
employment; (4) Claims for actual, moral, exemplary and other forms
of damages arising from the employer-employee relations; (5) Cases Doctrine of stare decisis et non quieta movere. Lat. To adhere to
arising from any violation of Art. 264 of the Labor Code, including precedents and not to unsettle things which are established. The
questions involving the legality of strikes and lockouts; and (6) Except doctrine [that] enjoins adherence to judicial precedents. It requires
claims for employees compensation, social security, medicare and courts in a country to follow the rule established in a decision of the
maternity benefits, all other claims arising from employer-employee Supreme Court thereof. That decision becomes a judicial precedent to
relations, including those of persons in domestic or household service, be followed in subsequent cases by all courts in the land. The doctrine
involving an amount exceeding P5,000.00, whether or not of stare decisis is based on the principle that once a question of law
accompanied with a claim for reinstatement. [From Art. 217, LC]. has been examined and decided, it should be deemed settled and
closed to further argument. [Fermin v. People, GR 157643, Mar. 28,
Doctrine of sovereign immunity. 1. [Doctrine] expressly provided in 2008, 550 SCRA 132].
Art. XVI of the 1987 Consti., viz: “Sec. 3. The State may not be sued
without its consent.” 2. [The doctrine which holds that] a sovereign is Doctrine of State immunity. [The doctrine under which] a State
exempt from suit, not because of any formal conception or obsolete cannot be sued in the courts of another State, without its consent or
theory, but on the logical and practical ground that there can be no waiver. [Jusmag Phils. v. NLRC, GR 108813 Dec. 15, 1994].
legal right as against the authority that makes the law on which the
right depends. Also called Doctrine of non-suability. Doctrine of state responsibility to aliens. Intl. Law. The doctrine
under which a state is under obligation to make reparation to another
Doctrine of stale demands. Also Doctrine of laches. 1. [A doctrine] state for the failure to fulfill its primary obligation to afford; in
based upon grounds of public policy which requires, for the peace of accordance with international law, the proper protection due to an
society, the discouragement of stale claims and x x x is principally a alien who is a national of the latter state. See also State responsibility
question of the inequity or unfairness of permitting a right or claim to doctrine.
be enforced or asserted. [Tijam v. Sibonghanoy, 23 SCRA 29 (1968)].
2. The time-honored rule anchored on public policy that relief will be Doctrine of statistical improbability. Also known as Lagumbay
denied to a litigant whose claim or demand has become “stale”, or doctrine. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. Elec. Law.
who has acquiesced for an unreasonable length of time, or who has The doctrine [that] is applied only where the unique uniformity of tally
not been vigilant or who has slept on his rights either by negligence, of all the votes cast in favor of all the candidates belonging to one
folly or inattention. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. party and the systematic blanking of all the candidates of all the
opposing parties appear in the election return. [Sinsuat v. Pendatun,
Doctrine of stare decisis. Also called the Doctrine of adherence GR L-31501, June 30, 1970, 33 SCRA 630].
tojudicial precedents. [The] doctrine [that] enjoins adherence to
judicial precedents. It requires courts in a country to follow the rule Doctrine of strained relations. Labor. [The rule] that where
established in a decision of its Sup. Court. That decision becomes a reinstatement is not feasible, expedient or practical, as where
judicial precedent to be followed in subsequent cases by all courts in reinstatement would only exacerbate the tension and strained
relations bet. the parties, or where the relationship bet. the employer

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and employee has been unduly strained by reason of their Doctrine of the law of the case. That principle under which
irreconcilable differences, particularly where the illegally dismissed determination of questions of law will generally be held to govern a
employee held a managerial or key position in the company, it would case throughout all its subsequent stages where such determination
be more prudent to order payment of separation pay instead of has already been made on a prior appeal to a court of last resort. It is
reinstatement. [Quijano v. Mercury Drug Corp., GR 126561. July 8, “merely a rule of procedure and does not go to the power of the court,
1998]. and will not be adhered to where its application will result in an unjust
decision. It relates entirely to questions of law, and is confined in its
Doctrine of subrogation. The principle [that] covers a situation operation to subsequent proceedings in the same case. [Villa v.
wherein an insurer [who] has paid a loss under an insurance policy is Sandiganbayan, GR 87186, Apr. 24, 1992, 208 SCRA 283, 295-296].
entitled to all the rights and remedies belonging to the insured against
a 3rd party with respect to any loss covered by the policy. It Doctrine of the proper law. Conf. of Laws. The doctrine applied in
contemplates full substitution such that it places the party subrogated the choice of law stage of a lawsuit involving the conflict of laws. In a
in the shoes of the creditor, and he may use all means that the conflicts lawsuit, one or more statelaws will be relevant to the
creditor could employ to enforce payment. [Keppel Cebu Shipyard, decision-making process. If the laws are the same, this will cause no
Inc. v. Pioneer Ins. and Surety Corp., GR 180880-81 & 180896-97, problems, but if there are substantive differences, the choice of which
Sept. 25, 2009, 601 SCRA 96, 141-142]. law to apply will produce a different judgment. Each state therefore
produces a set of rules to guide the choice of law, and one of the most
Doctrine of supervening event. The doctrine under which facts and significant rules is that the law to be applied in any given situation will
events transpiring after the judgment or order had become final and be the proper law. This is the law which seems to have the closest
executory [which circumstances] affect or change the substance of and most real connection to the facts of the case, and so has the best
the judgment and render its execution inequitable would justify the claim to be applied.
suspension or nullification of such final and executory judgment or
order. Doctrine of the real and hypothecary nature of maritime law. Mar.
Doctrine of supervening negligence. Also Doctrine of discovered Ins. [The rule that] a ship owner’s liability is merely co-extensive with
peril. The doctrine x x x to the effect that where both parties are his interest in the vessel, except where actual fault is attributable to
negligent, but the negligent act of one is appreciably later in time than the shipowner. [Aboitiz Shipping Corp. v. CA, GR 121833, Oct. 17,
that of the other, or when it is impossible to determine whose fault or 2008].
negligence should be attributed to the incident, the one who had the
last clear opportunity to avoid the impending harm and failed to do so Doctrine of the third group. [The doctrine] to the effect that the right
is chargeable with the consequences thereof. [Picart v. Smith, 37 Phil. of the owner of the shares of stock of a Phil. Corp. to transfer the
809]. [A]n antecedent negligence of a person does not preclude the same by delivery of the certificate, whether it be regarded as statutory
recovery of damages for supervening negligence of, or bar a defense on common law right, is limited and restricted by the express provision
against the liability sought by, another if the latter, who had the last that “no transfer, however, shall be valid, except as between the
fair chance, could have avoided the impending harm by the exercise parties, until the transfer is entered and noted upon the books of the
of due diligence. [Pantranco North Express, Inc. v. Baesa, 179 SCRA corporation.” [Uson v. Diosomito, GR L-42135, June 17, 1935].
384].

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Doctrine of ultimate consumption. Goods intended for civilian use prohibited by the statute. It can only be invoked against that specie of
which may ultimately find their way and be consumed by belligerent legislation that is utterly vague on its face, i.e., that which cannot be
forces, may be seized on the way. See Ultimate consumption clarified either by a saving clause or by construction. [Estrada v.
doctrine. Sandiganbayan, GR. 148560, 19 Nov. 2001]. Compare with Doctrine
of overbreadth.
Doctrine of ultimate destination. The final destination in the territory
of an enemy or under its control making goods contraband under the Doctrine of volenti non fit injuria. [The doctrine that] refers to self-
doctrine of continuous voyage. See Ultimate destination doctrine. inflicted injury or to the consent to injury which precludes the recovery
of damages by one who has knowingly and voluntarily exposed
Doctrine of ultra vires. Lat. Beyond the powers. The doctrine in the himself to danger, even if he is not negligent in doing so. [Nikko Hotel
law of corporations that holds that if a corporation enters into a Manila Garden v. Reyes, GR 154259, Feb. 28, 2005].
contract that is beyond the scope of its corporate powers, the contract
is illegal. Doctrine of waiver. A doctrine resting upon an equitable principle
which courts of law will recognize, that a person, with full knowledge
Doctrine of unforeseen events. The doctrine enunciated by Art. of the facts shall not be permitted to act in a manner inconsistent with
1267 of the Civ. Code [which] is not an absolute application of the his former position or conduct to the injury of another, a rule of judicial
principle of rebus sic stantibus [that] would endanger the security of policy, the legal outgrowth of judicial abhorrence so to speak, of a
contractual relations. [So v. Food Fest land, Inc., GR 183628 & person’s taking inconsistent positions and gaining advantages thereby
183670. Apr. 7, 2010]. Art. 1267 provides: “When the service has through the aid of courts. [Lopez v. Ochoa, GR L-7955, May 30,
become so difficult as to be manifestly beyond the contemplation of 1958].
the parties, the obligor may also be released therefrom, in whole or in
part.” Doctrine of waiver of double jeopardy. [The doctrine that holds
that] when the case is dismissed with the express consent of the
Doctrine of vagueness. An aspect of the due process requirement of defendant, the dismissal will not be a bar to another prosecution for
notice, [which] holds that a law is facially invalid if persons of the same offense; because, his action in having the case dismissed
“common intelligence must necessarily guess as at its meaning and constitutes a waiver of his constitutional right or privilege, for the
differ as to its application.” reason that he thereby prevents the court from proceeding to the trial
on the merits and rendering a judgment of conviction against him.
Doctrine of vicarious liability. A legal doctrine that assigns liability [People v. Salico, 84 Phil. 722 (1949)].
for an injury to a person who did not cause the injury but who has a
particular legal relationship to the person who did act negligently. Also
referred to as Imputed negligence.

Doctrine of void for vagueness. Consti. Law. [The doctrine that] is

most commonly stated to the effect that a statute establishing a
criminal offense must define the offense with sufficient definiteness
that persons of ordinary intelligence can understand what conduct is

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