Nouns Flashcards
abrogation
abolishment by authoritative action; annulment
ambit
the bounds or limits of a place or district; a sphere of action, expression, or influence
apprehension
seizure by legal process; arrest
aspersion
a false or misleading charge against someone
axiom
a statement accepted as true as the basis for argument or inference; an established rule or principle or a self-evident truth
caprice
a sudden, impulsive, and seemingly unmotivated notion or action; a disposition to do things impulsively
censure
an official reprimand; a judgment involving condemnation
cessation
a temporary or final ceasing
collateral attack
Also called an indirect attack, it is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal.
A collateral attack is defined as an attack, made as an incident in another action, whose purpose is to obtain a different relief. This is proper only when the judgment, on its face, is null and void, as where it is patent that the court which rendered said judgment has no jurisdiction.
collateral attack
Examples of situations wherein collateral attack is applied.
(1) Void marriage due to one of the parties is a minor.
A void marriage differs from a voidable marriage in the following ways:
(1) a void marriage is nonexistent — i.e., there was no marriage from the beginning — while in a voidable, marriage, the marriage is valid until annulled by a competent court;
(2) a void marriage cannot be ratified, while a voidable marriage can be ratified by cohabitation;
(3) being nonexistent, a void marriage can be collaterally attacked, while a voidable marriage cannot be collaterally attacked;
(4) in a void marriage, there is no conjugal partnership and the offspring are natural children by legal fiction, while in voidable marriage there is conjugal partnership and the children conceived before the decree of annulment are considered legitimate; and
(5) ‘in a void marriage no judicial decree to establish the invalidity is necessary,’ while in a voidable marriage there must be a judicial decree.
Pulido vs. People (GR 220149, July 27, 2021).
demurrer
a response (specifically, an objection) in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal action
desistance
ceasing to proceed or act
encumbrance
a claim (such as mortgage) on property
estoppel
(1) Estoppel applies against a taxpayer who did not only raise at the earliest opportunity its representative’s lack of authority to execute two (2) waivers of defense of prescription, but was also accorded, through these waivers, more time to comply with the audit requirements of the Bureau of Internal Revenue. Nonetheless, a tax assessment served beyond the extended period is void.
(Commission of Internal Revenue (CIR) vs. Transition Philippines, Optical Inc., G.R. No. 227544, November 22, 2017)
estoppel
(2) In the case of a lessee questioning the ownership of the property of the landlord, the lessee, being a tenant of the landlord’s property, is estopped from denying the landlord’s title at the time of the commencement of their contract of lease. This is by virtue of Rules of Court - Rules on Evidence Rule 132, Section 2(b). Hence, she cannot refuse to pay rent on the grounds that the landlord did not own the house when their contract started. Nonetheless, such a rule will no longer apply if there has been a change in the title of the house or its ownership has been conveyed or transferred to another during the duration of the lease. If the lessee claims that the landlord conveyed ownership or possession of the house to another during the effectivity of their contract of lease, then she is not estopped from questioning the landlord’s right over the property and receiving payment for rent.
(Santos vs. National Statistics Office, GR 171129, April 6, 2011)
