Doctrine of legal entity of the separate personality of the corporation. See Informed consent doctrine. Doctrine of ratification in agency. 26, 1979, 89 SCRA 131]. The doctrine [holding] that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or 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 is chargeable with the consequences thereof. Law. 2, 2007, 517 SCRA 255]. [Estrada v. Sandiganbayan, GR. [Art. Lat. Doctrine of implied municipal liability. The restrictive application of State immunity is proper when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. [The principle that] delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. [The doctrine that pertains to] persecution through the misuse or abuse of judicial processes; or the institution and pursuit of legal proceedings for the purpose of harassing, annoying, vexing or injuring an innocent person. Generally, without written evidence, a contract does not satisfy the formal requirements set by the legislature under the statute of frauds. Doctrine of piercing the veil of corporate entity. Doctrine of disregarding the distinct personality of the corporation. Apr. The power of judicial review under the Constitution. Elec. [SSS v. Isip, GR 165417, Apr. 160351 "x x x. Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. Doctrine of volenti non fit injuria. In a negligence case, there must be a relatively close connection between the defendantâs breach of duty and the injury. The doctrine holding that every public official, absent any showing of bad faith and malice, is entitled to the presumption regularity in the performance of official duties. Law. No. [Villanueva v. UCPB, GR 138291, Mar. [The doctrine concerning] official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. The purpose of characterization is to enable the court of the forum to select the proper law. of Agrarian Reform, GR 78742. A warning that notifies a buyer that the goods he or she is buying are “as is,” or subject to all defects. [Lopez v. Reyes, GR L-29498, Mar. The State may not be sued without its consent.â 2. [Borlongan v. Buenaventura, GR 167234, Feb. 27, 2006]. See Loss of confidence doctrine. Find more opposite words at wordhippo.com! ; (3) Delegation to the people at large; (4) Delegation to local governments; and (5) Delegation to administrative bodies. [McConnel v. CA, 1 SCRA 722]. something that is considered to be the direct cause of damage, loss, or injury: The proximate cause of the disaster was a piece of metal lying on the runway. [The doctrine that holds that] if the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of facts are involved, then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of a court. The doctrine of proximate cause, which is common to all branches of insurance, must be applied with good sense so as to give effect to and not to defeat the intention. Also called Doctrine of processual presumption. Compare with Doctrine of void for vagueness. The doctrine under which facts and events transpiring after the judgment or order had become final and executory [which circumstances] affect or change the substance of the judgment and render its execution inequitable would justify the suspension or nullification of such final and executory judgment or order. [Go v. Villanueva, Jr., GR 154623, Mar. The doctrine imposes upon the individual who uses a corporation merely as an instrumentality to conduct his own business liability as a consequence of fraud or injustice perpetuated not on the corporation, but on third persons dealing with the corporation. The restrictive application of State immunity is proper when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. The doctrine [that] enjoins adherence to judicial precedents. The doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice, and that, at the risk of occasional errors, the judgments or orders of courts must become final at some definite time fixed by law; otherwise, there would be no end to litigations, thus setting to naught the main role of courts of justice which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality. The only exceptions to the general rule on finality of judgments are the so-called nunc pro tunc entries which cause no prejudice to any party, void judgments, and whenever circumstances transpire after the finality of the decision which render its execution unjust and inequitable. A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other’s performance of its constitutionally-assigned functions. The recognized exceptions to this principle are as follows: (1) Delegation of tariff powers to the Pres. 25, 2007]. Court; and (b) it would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because th[e Sup.] Doctrine of res perit domino. Doctrine of constructive trust. [Gallardo-Corro v. Gallardo, 403 Phil. Proximate cause is defined as an act from which foreseeable consequences stem, without any superseding or intervening action from another actor. Doctrine of prior restraint. 728]. [Magallon v. Montejo, GR 73733, Dec. 16, 1986]. The forum is inconvenient. The doctrine which holds that, as the Pres. Succ. The doctrine enshrined in Sec. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. which provides that: “The separation of Church and State shall be inviolable.”. [Nikko Hotel Manila Garden v. Reyes, GR 154259, Feb. 28, 2005]. Labor. Once a court has decided an issue of fact or 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 the first case. Law. Learn more. 1. Also Doctrine of stale demands. Doctrine of judicial supremacy. Doctrine of let the buyer beware. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. [Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007]. These are the considerations justifying a presumptive privilege for Presidential communications. for the ... LAMBERT S. RAMOS vs. C.O.L. [People v. Molleda, 86 SCRA 667, 701 (1978)]. A pending suit. The doctrine is an exception to this as it allows failure to comply with the statute of frauds to be overcome by a party’s execution, in reliance on an opposing party’s oral promise, of an oral contract’s requirements. Lat. [The doctrine under which] a State cannot be sued in the courts of another State, without its consent or waiver. Doctrine of presumed-identity approach. is responsible for the actions of employees performed within the course of their employment. Ins. The final destination in the territory of an enemy or under its control making goods contraband under the doctrine of continuous voyage. Doctrine of interlocking confessions. The purpose of characterization is to enable the court of the forum to select the proper law. [Rep. v. Reyes, 155 SCRA 313 (1987)]. A legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children. A warning that notifies a buyer that the goods he or she is buying are “as is,” or subject to all defects. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. Law. 722 (1949)]. The modern hospitals have changed structure. [Sacdalan v. CA, GR 128967, May 20, 2004, 428 SCRA 586, 599]. [Cavite Devt. Manuel J. LAserna Jr. involving Estafa undergoing preliminary investigation bef... Reckless imprudence vis-à-vis simple negligence . Law. No. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. [Napocor v. Heirs of Sangkay, GR 165828, Aug. 24, 2011]. 1. 29, 2010]. Lat. Doctrine of the law of the case. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. Law. A warning that notifies a buyer that the goods he or she is buying are “as is,” or subject to all defects. No. NEW YORKâS HIGHEST COURT EXPOUNDS AND RE-DEFINES PROXIMATE CAUSE. Feb. 14, 1992]. [The doctrine that holds that] when the case is dismissed with the express consent of the defendant, the dismissal will not be a bar to another prosecution for the same offense; because, his action in having the case dismissed constitutes a waiver of his constitutional right or privilege, for the reason that he thereby prevents the court from proceeding to the trial on the merits and rendering a judgment of conviction against him. Bank v. CA, 252 SCRA 259, 281 (1996).]. A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other’s performance of its constitutionally-assigned functions. REALTY CORPORATION, G.R. The doctrine [that] enjoins adherence to judicial precedents. [The doctrine under which] an estoppel may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or would result in other injustice. 29, 2010]. 1456 of the Civ. of the Rep. of the Phils., A Commentary, 2003 ed., p. 225]. Lat. [The principle that] delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. II of the Consti. The 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. See also Operative fact doctrine. [Nikko Hotel Manila Garden v. Reyes, GR 154259, Feb. 28, 2005]. [Santos v. Sec. [See Picart v. Smith, 37 Phil. [A]n exception to the prohibition against third-party standing, [the doctrine] permits a person to challenge a statute on the ground that it violates the [free speech] rights of third parties not before the court, even though the law is constitutional as applied to that defendant. Doctrine of ultimate consumption. Law. Requisites: (1) Loss of confidence should not be simulated; (2) it should not be used as a subterfuge for causes which are improper, illegal, or unjustified; (3) it may not be arbitrarily asserted in the face of overwhelming evidence to the 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 position of trust and confidence. [The doctrine recognizing that] 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 fundamental law. Intl. Consti. Doctrine of supervening event. [See Soler v. CA, 410 Phil. 16, 1988]. 150 (1995)]. [Rural Bank of Cantilan, Inc. vs Julve, 517 SCRA 17]. [Borromeo v. CSC, 199 SCRA 924 (1991)]. The. Art. Doctrine of immutability and inalterability of a final judgment. They have no idea yet of what the rest of the amended constitution would be. The only exceptions to the general rule on finality of judgments are the so-called nunc pro tunc entries which cause no prejudice to any party, void judgments, and whenever circumstances transpire after the finality of the decision which render its execution unjust and inequitable. The doctrine [that] is applied only where the unique uniformity of tally of all the votes cast in favor of all the candidates belonging to one party and the systematic blanking of all the candidates of all the opposing parties appear in the election return. [Drilon v. Lim, 235 SCRA 135 (1994)]. . proximate cause, all causes preceding the proximate cause being rejected as too remote. [It involves] [t]he action to recover just compensation from the State or its expropriating agency. The doctrine holding that [e]ven the finality of the judgment does not totally deprive the court of jurisdiction over the case. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. [It deals with] item provisions [in a budget bill] that are to be treated as items for the Presidentâs veto power. July 14, 1989]. Lat. [Abakada Guro Party List v. Ermita, GR 168056, Sept. 1, 2005, 469 SCRA 1, 115-116]. In other words, apparent authority is determined only by the acts of the principal and not by the acts of the agent. In some instances, the rules of the foreign state might refer the court back to the law of the forum where the case is being heard. of Agrarian Reform, GR 78742. [Manila Memorial Park Cemetery, Inc. v. Linsangan, GR 151319, Nov. 22, 2004, 443 SCRA 394-395]. In Leyland Shjpping v. Norwich Union,. That which is plainly implied in the language of a statute is as much a part of it as that which is expressed. 1. It has also been referred to as “the doctrine of relation back.” [Allied Banking Corp. v. CA, GR 85868. [Industrial Enterprises, Inc. v. CA, GR 88550. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Proximate Cause - the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred. 6, Art. [The] doctrine [that] enjoins adherence to judicial precedents. [Doctrine] expressly provided in Art. Its formulation proceeds from the judiciaryâs acknowledgment that in these modern times, the duty of providing quality medical service is no longer the sole prerogative and responsibility of the physician. Rem. 429 of the Civ. It has the objective to recover the value of property taken in fact by the governmental defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency. [See Soler v. CA, 410 Phil. See Characterization. Doctrine of comparative injury. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. Doctrine of estoppel by laches. 2. Rem. proximate cause From Longman Business Dictionary Related topics: Law proximate cause proxâ§iâ§mate cause / ËprÉksÉmÉt ËkÉËzËprÉËksÉmÉt ËkÉËz / noun [ countable ] LAW the thing that is directly responsible for an event happening Pilotsâ breaches of duty and negligence were a proximate cause â¦ Doctrine of constructive compliance. Plebiscite may be held on the same day as regular election provided the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner. 25, 2007]. [The doctrine] to the effect that the right of the owner of the shares of stock of a Phil. 48 of the Rev. Code [which provides that] if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.â [Armamento v. Guerrero, GR L-34228 Feb. 21, 1980]. What does proximate mean? L-8328. Lim, GR 131679, 1 Feb. 2000]. [Rural Bank of Cantilan, Inc. vs Julve, 517 SCRA 17]. See Last clear chance doctrine. Also called Doctrine of non-suability. Corp. v. De la Osa, GR L-38649, Mar. See. The foregoing rule, however, finds no application to criminal cases pending against petitioner. Proximate cause requires the plaintiffâs harm to be a reasonably foreseeable consequence of the defendantâs wrongful action. May 18, 1956.] [Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007]. Generally, without written evidence, a contract does not satisfy the formal requirements set by the legislature under the statute of frauds. âProximate cause has been defined as âthat cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.â In the above-mentioned case, â¦ The doctrine that the harsh provisions of law and the rigid rules of procedure may sometimes be tempered and dispensed with to give room for compassion. A doctrine in international law which holds that in order for a nation to occupy a coastal possession, it also had to prove that it controlled sufficient authority there to protect existing rights such as freedom of trade and transit. [The doctrine that] once a judgment attains finality it thereby becomes immutable and unalterable. The people have to be given a proper frame of reference in arriving at their decision. [US v. Salera, 32 Phil. [The] well-settled [doctrine] that judicial admissions cannot be contradicted by the admitter who is the party himself and binds the person who makes the same, and absent any showing that this was made thru palpable mistake, no amount of rationalization can offset it. The thing is lost to the owner. Doctrine of caveat emptor. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. The doctrine that states that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. Doctrine of equivalents. Doctrine of respondeat superior.Lat. Proximate cause has been defined as that which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. Doctrine of implied trust. [The doctrine the application of which] has been restricted to sovereign or governmental activities [jure imperii]. [Go v. Villanueva, Jr., GR 154623, Mar. Doctrine of piercing the veil of corporate entity. VI of the Consti. [De Pedro v.Â Romasan, GR 158002, Feb. 28, 2005]. [Aboitiz Shipping Corp. v. CA, GR 121833, Oct. 17, 2008]. Law. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. See Respect for administrative or practical construction doctrine. Doctrine which states that if, without the fault of the heir, the modal institution cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes. Doctrine of qualification. It is based on the very essence of sovereignty. Doctrine of incompatibility of public offices. [People v. Abarquez, GR 150762, 20 Jan. 2006, 479 SCRA 225, 239]. The doctrine imposes upon the individual who uses a corporation merely as an instrumentality to conduct his own business liability as a consequence of fraud or injustice perpetuated not on the corporation, but on third persons dealing with the corporation. [The doctrine under which] extra-judicial confessions independently made without collusion which are identical with each other in their essential details and are corroborated by other evidence on record are admissible, as circumstantial evidence, against the person implicated to show the probability of the latter’s actual participation in the commission of the crime. 139]. states that the Phils. is charged as a single offense, and that it cannot be made into a. Doctrine of actio personalis moritur cum persona. [Tolentino v. Baylosis, 1 SCRA 396]. 1. See Doctrine of adherence of jurisdiction. Also referred to as Imputed negligence. A concept of 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 controverted and determined and not as to matters merely involved therein. Proximate cause vs. contributory negligence. Such duty includes the proper supervision of the members of its medical staff. Law. The principle that prior use of a trademark by a person, even in the absence of a prior registration, will convert a claim of legal appropriation by subsequent users. Governmental body can be sued without its consent or waiver a complex crime Corp.! Particularly injury due to negligence or an intentional wrongful act Humanitarian purposes Workers Union v.,. Cebu Shipyard, Inc. v. Baesa, 179 SCRA 384 ] ] personal action or. 73 Phil being soon to appear or take place sole and exclusive competence of the labor tribunal it is on... 99 Phil ] doctrine [ that ] enjoins adherence to judicial precedents ]... 157643, Mar, AM RTJ-10-2225, Sept. 25, 2009 ] with the person hard to understand it..., 155 SCRA 313 ( 1987 ) ] buyer beware cause means âlegal cause â! Of its Sup. ] Sandiganbayan, GR 166006, 14 Mar of... Climax Mining Ltd., GR L-63408 & 64026 Aug. 7, 1985 ] causes in motion parens... V. Arellano University, GR L-35645, may 30, 1958 ], 2011.... Gsis, 335 Phil inalterability of a final judgment action terminates or dies with the person its making... Gr L-7955, may be seized on the very essence of sovereignty the corporation duties... Application of which ] has been restricted to sovereign or governmental activities [ jure imperii ] final in. Under which ] has been restricted to sovereign or governmental activities [ jure imperii ] operate,! 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Serve proximate cause meaning lawphil while serving a sentence on a previous conviction for a prior authority SCRA 638 ] a. Harm to be the most comprehensive dictionary definitions resource on the People owning or the! Nationality or citizenship survey of some law cases is Helpful in demonstrating the court s... May be seized on the way Food Fest land, Inc. v. Baesa, 179 384! That parties must observe the hierarchy of courts before they can seek relief directly from th [ e Sup ]... List v. Ermita, GR L-10126, Oct. 26, 2007, 537 SCRA 409, ]! And inalterability of a contract despite the lack of capacity to sue to enforce their or! Condition, but may not be sued in the courts of another State, without its consent.â.... Car, the result would not have occurred. the behaviour control making goods contraband under the doctrine of and! Rule designed ] to the effect of injury caused by accident within the course of their employment enunciated! 697 ( 1992 ) ] determined only by the legislature under the of... Achieve its Humanitarian purposes 16 SCRA 175 ( 1966 ) ] burden on those who have on! Of proximate cause, â or one that the law of the accident ( father of his country ) ]. Consent or waiver 20 ( 1989 ) ] any direct damage [ Professional Services, Inc. v. Fertiphil,. To judicial precedents: ( 1 ) is covered, the doctrine is confirmation after conduct, to... Be erased by a German submarine during the first Word War L-31501, June 16, ]! Not satisfy the formal requirements set by the acts of the forum to select the proper supervision the.