Global InformationList of Philippine legal terms information
 | This list is incomplete; you can help by adding missing items. (June 2020) |
| Term | Literal translation | From | Definition and use |
|---|---|---|---|
| A.C.,[1] administrative case[2] | N/A | English | A case brought under administrative law in the form of a quasi-judicial proceeding by an agency of a non-judicial branch of government, or, the Office of the Court Administrator. Normally, such cases are internal disciplinary matters—court cases criminal and civil can be brought alongside them if warranted. |
| academic | N/A | English | Moot—changed circumstances have rendered the case of intellectual interest only; no ruling will have a practical effect on the law or jurisprudence. |
| Act | N/A | English | When on its own, as in "Act No. 3326", a law passed by the defunct colonial-era Philippine Legislature. |
| A.M. | N/A | English | "Administrative matters" before the Supreme Court of the Philippines. |
| arguendo | asserting | Latin | "For the sake of argument", as in, "Even arguendo that R.A. 10175 applies, this case still should be dismissed due to a lapsed prescriptive period." |
| arresto mayor | major detention | Spanish | See Revised Penal Code § Penalties. |
| arresto menor | minor detention | Spanish | See Revised Penal Code § Penalties. |
| B.P.[2] | nationwide law | Tagalog | Abbreviation for Batas Pambansa, the name for laws passed by the defunct unicameral Batasang Pambansa. |
| C.A. | N/A | English | Abbreviation for both Commonwealth Act and Court of Appeals, depending on context. |
| destierro | exile | Spanish | See Revised Penal Code § Penalties. |
| eCourt | N/A | English | An electronic database of cases at the lower levels of the judiciary. eCourt was seldom used before the COVID-19 pandemic.[3] Includes "eFiling", a way to submit pleadings and other court documents electronically.[4] |
| E.O. | N/A | English | Abbreviation for Executive Order. |
| estafa | N/A | Spanish | Fraud |
| expediente | file, dossier | Spanish | As special rules apply to the release of the rollo, the office of each member of the Supreme Court is allowed to take a copy of the rollo. This is the expediente.[5] |
| fallo[2] | verdict failure (non-legal translation) |
Spanish | The dispositive portion of a Court's ruling, coming at the very end of the ruling. Cf. conclusion. This word has the same meaning in the modern Spanish judicial system.[6] |
| fiscal[2] | prosecutor | Spanish | A prosecutor, either at the city or provincial level, or nationwide Department of Justice level. Cf. procurator fiscal. |
| G.R. | N/A | English | Abbreviation for General Register. See Case citation § Philippines. |
| IBP | N/A | English | Integrated Bar of the Philippines[7] |
| information | N/A | English | An indictment.[8] In the United States, which originated the term, there are grand juries, and indictments are more common, while an information is a rare type of criminal action brought in the absence of a grand jury.[9] However, the Philippines has no grand juries (and, indeed, no juries of any kind), so "information" is essentially synonymous with "indictment".[10] |
| intervenor-oppositor | N/A | English | An intervenor who opposes the case of the petitioner.[11] Sometimes shortened to just "oppositor".[12] Cf. petitioner-in-intervention. |
| JBC | N/A | English | Judicial and Bar Council |
| judge-at-large | N/A | English | A judge without a permanent sala. Under R.A. 11459, such judges have all the rights of regular RTC judges, and the same salaries. They are also chosen by the President upon the advice of the JBC as other RTC judges are.[13] |
| MCTC[14] | N/A | English | Municipal Circuit Trial Courts, a Municipal Trial Court that covers more than one municipality[15] |
| MeTC[14] | N/A | English | Metropolitan Trial Courts, a type of civil court below Regional Trial Courts |
| MTC[14] | N/A | English | Municipal Trial Courts, a type of civil court below Regional Trial Courts |
| MTCC[14] | N/A | English | Municipal Trial Courts in Cities, a type of civil court below Regional Trial Courts |
| OCA | N/A | English | Office of the Court Administrator |
| petitioner[2] | N/A | English | A plaintiff. |
| petitioner-in-intervention | N/A | English | An intervenor who supports the case of the petitioner.[11] Cf. intervenor-oppositor. |
| ponencia[2] | report | Spanish | The Court's majority opinion. |
| ponente[2] | speaker [at a meeting] | Spanish | The writer of the Court's majority opinion. Mostly used in the context of the Supreme Court, but can be used at the Regional Trial Court level. |
| prefatory statement[2] | N/A | English | A statement which summarizes a legal document, similar to an abstract. |
| prisión correccional | corrective imprisonment | Spanish | See Revised Penal Code § Penalties. |
| prisión mayor | major imprisonment | Spanish | See Revised Penal Code § Penalties. |
| quasi-judicial agency | N/A | English | An agency of the executive branch that exercises some judicial functions and before which a minimum of due process is required.[16] Cf. administrative case. |
| quo warranto | by what authority | Latin | See Quo warranto § Philippines. |
| R.A. | N/A | English | Abbreviation for Republic Act. |
| raffle | Original meaning: a type of lottery |
English | The system by which cases are assigned to judges in multi-sala courts. As of 1974, "[n]o case may be assigned to any branch without being raffled."[17] As of 2013, raffles can be conducted electronically via "eCourt".[18] The gambling-related word "raffle" comes from the sources of randomness required by the Supreme Court: preferably a roulette wheel is to be used, but if that's not available, a bingo or jueteng tambiolo is permissible.[19] |
| reclusión perpetua | perpetual seclusion | Spanish | See Revised Penal Code § Penalties. |
| reclusión temporal | temporary seclusion | Spanish | See Revised Penal Code § Penalties. |
| respondent[2] | N/A | English | A defendant. |
| rollo | Original meaning: a set of documents rolled up for easier archival and transit, or a scroll |
Spanish | Short for rollo de casación (cassation archive) or rollo de apelación (appeal archive),[20] the rollo is the complete archive of a particular case, including documents received from a lower court and anything submitted regarding the case, directly to any Philippine court, though most often used in relation to the higher courts.[5] The term has its origin in the Real Audiencia de Manila, and is still used in the modern Supreme Court of Spain (Tribunal Supremo) and Spanish judicial system.[21] Cf. expediente. |
| RTC[14] | N/A | English | Abbreviation for Regional Trial Court. |
| sala[2] | courtroom | Spanish | Courtroom, though used only to refer to a specific branch of a Regional Trial Court, and not to refer to higher courts, unlike in Spain, where sala remains in use for all courts (e.g. in the set phrase la sala acuerda[22]—lit. the chamber agrees, or to describe a division of the Spanish Supreme Court, e.g. la tercera Sala—"Branch №3".) An acting judge serving in a temporary or acting capacity is said to be without a sala.[1] Some RTC branches have only a single sala.[17] Also cf. judges-at-large. |
| SC | N/A | English | Supreme Court of the Philippines |
| SCC[14] | See sharīʿah § Etymology | Arabic | Sharia Circuit Court |
| SDC[14] | See sharīʿah § Etymology | Arabic | Sharia District Court |
| TRO | N/A | English | A temporary restraining order.[23] |
| TSN | N/A | English | Transcript of stenographic notes.[24] A court stenographer first takes down their notes in their preferred form of shorthand, e.g. Gregg shorthand, then produces a longhand transcript from it called a TSN.[25] |
| UDK | N/A | English | An undocketed case, undocketed because, for example, the docket fee has not yet been paid.[5] Undocketed cases are still numbered, and may be ruled on at the discretion of the court, for example, Fletcher v. Bureau of Corrections has no G.R. number, but is instead cited as UDK-14071.[26] |
- ^ a b Garcia v. Macaraig, Jr., A.C. No. 198-J (Supreme Court of the Philippines May 31, 1971) ("Respondent was, like every lawyer who gets his first appointment to the bench, eager to assume his judicial duties and rid himself of the stigma of being ’a judge without a sala’, but forces and circumstances beyond his control prevented him from discharging his judicial duties.").
- ^ a b c d e f g h i j Philippine Law Dictionary (3rd ed.). Rex Bookstore Inc. 1988. ISBN 9789712349119.
- ^ Nicole-Anne C. Lagrimas (May 8, 2020). "Raffle of newly-filed cases in ECQ areas resumes through videoconferencing". GMA News Online. Retrieved June 25, 2020.
- ^ "06. Pursuing Swift and Fair Administration of Justice" (PDF). Philippine Development Plan 2017-2022. National Economic and Development Authority. 2017. p. 90. Retrieved June 25, 2020.
- ^ a b c "The Internal Rules of the Supreme Court". Supreme Court of the Philippines. May 4, 2010. A.M. No. 10-4-20-SC.
- ^ "Sentencia, fallo, condena y veredicto no son sinónimos". fundéu RAE (in European Spanish). Real Academia Española. February 4, 2011.
- ^ "About". Integrated Bar of the Philippines. Retrieved June 25, 2020.
The Integrated Bar of the Philippines (IBP) is the official organization of all Philippine lawyers.
- ^ Buan, Lian (August 6, 2017). "Indicted? Charged? A guide to court jargon". Rappler. Retrieved June 19, 2020.
- ^ Molo, Steven; Lamken, Jeffrey (2018). "What's the Difference Between a Criminal Indictment, a Criminal Information, and a Criminal Complaint?". MoloLamken LLP. Retrieved June 19, 2020.
- ^ Behan, Christopher W. (May 2003). "Don't Tug on Superman's Cape: In Defense of Convening Authority Selection and Appointment of Court-Martial Panel Members" (PDF). Military Law Review. 176. Rochester: 235.
- ^ a b Falcis III v. Civil Registrar-General, G.R. No. 217910 (Supreme Court of the Philippines October 30, 2019).
- ^ Canlas, Jomar (November 22, 2007). "Pasig court ruling: Justice Ong 'a natural-born Filipino citizen'". The Manila Times. Archived from the original on November 24, 2007. Retrieved December 5, 2007.
- ^ Acosta, Persida (February 18, 2020). "What are judges-at-large?". The Manila Times. Retrieved June 21, 2020.
- ^ a b c d e f g "Quality Manual: The Judiciary (JUD-QMS-QM-001)" (PDF). Supreme Court of the Philippines. January 10, 2018. p. 8. Retrieved June 25, 2020. (Published date from [1])
- ^ Atencia, Romulo P. (April 21, 2016). "The hierarchy of courts". Catanduanes Tribune. Retrieved June 25, 2020.
- ^ Umali, Toni (April 26, 2015). "Due process in administrative proceedings". BusinessMirror. Retrieved July 4, 2020.
- Ang Tibay and National Workers Brotherhood v. The Court of Industrial Relations and National Labor Union, Inc., G.R. No. L-46496 (Supreme Court of the Philippines February 27, 1940), Text.
- ^ a b Circular No. 7 (Supreme Court of the Philippines September 23, 1974), Text.
- ^ Merueñas, Mark (June 14, 2013). "PHL Supreme Court goes 'paperless' with eCourt system". GMA News Online. Retrieved June 25, 2020.
Assigning of cases or "docketing" as well as raffling of cases to judges are all done electronically through the eCourt.
- ^ Guidelines on the selection and designation of executive judges and defining their powers, prerogatives and duties (PDF) (A.M. 03-8-02-SC, Section 3(d)). Supreme Court of the Philippines. February 15, 2004. p. 5.
- ^ , Recurso de casación núm. 31/16 (Tribunal Superior de Justicia de Aragón). PDF
- ^ "Rollo".
- ^ Auto, Recurso de casación № 59/2018, p. 11 (Supreme Court of Spain, Sala de lo Contencioso–Administrativo), Text.
- ^ Re: Special Rules for Temporary Restraining Orders and Preliminary Injunctions (Administrative Circular 20-95). Supreme Court of the Philippines. September 12, 1995.
- ^ Yaranon v. Rulloda, A.M. No. P-94-1045 (Supreme Court of the Philippines, Third Division March 21, 1995) ("TSN, 7 September 1994, pp. 2 & 4; TSN, 14 September 1994, pp. 1-2 & 5; Folder No. 3, Transcript of Stenographic Notes in A.M. No. P-94-1045."), Text.
- ^ Exemption of Court Stenographers from Attendance to Court Hearings and Directive to Finish the Pending Transcript of Stenographic Notes Within A Month Prior to Effectivity Date of their Retirement (PDF) (OCA Circular 12-2019). Office of the Court Administrator. January 29, 2019.
- ^ Fletcher v. BOC (Supreme Court of the Philippines, First Division July 17, 2009), Text.