Law of the case has been defined as the opinion delivered on a former appeal.

Padillo vs Court of
Appeals, 371 SCRA 27.

Consignation is the act of depositing the thing due with the court or judicial authorities whenever the
creditor cannot accept or refuse to accept payment payment and it generally requires a prior tender of
payment. Heirs of Luis Bacus vs. Court of Appeals, 371 SCRA 295.

Donation is defined as an act of liberality whereby a person disposes gratuitously of a thing or right in
favor of another who accepts it. Quilala vs Alcantara, 371 SCRA 311.

Utterances are considered part of res gestae when made immediately after a stabbing occurrence.
People v Mosende, 371 SCRA 446.

Entrenched is the rule that bad faith does not simply connote bad judgment or negligence; it imputes a
dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty
through some motive or intent or ill will; and partakes of the nature of fraud. Andrade vs Court of
Appeals, 371 SCRA 555.

The term deprived of reason includes thosesuffering from mental abnormality or deficiency, or some
form of mental retardation, the feeble minded but coherent, or even those suffering from mental
abnormality or deficiency of reason. People vs Glabo, 371 SCRA 567.

An assignment of credit is an agreement by virtue of which the owner of a credit, known as the
assignor, by legal cause, such as sale, dacion enpago, exchange or donation, and without the consent of
the debtor, transfers his credit and accessory rights to another, known as the assignee, who acquires the
power to enforce it against the debtor. South City Homes, Inc. vs BA Finance Corporation, 371 SCRA
603.

An agrarian dispute refers to any controversy relating to tenurial arrangements whether leasehold,
tenancy, stewardship or otherwise over lands devoted to agriculture, including (1) disputes
concerning farm workers' associations; or (2) representation of persons in negotiating, fixing,
maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangement.
Monsanto vs Zerna, 371 SCRA 664.

An interested party in estate proceedings is one who would be benefited in the estate, such as an heir,
or one who has a claim against the estate, such as a creditor. Solinap vs Locsin, Jr., 371 SCRA 711.

In estate proceedings, the phrase next of kin refers to those whose relationship with the decedent is
such that they are entitled to share in the estates as distributees. Solinap vs Locsin, Jr., 371 SCRA 711.

Ang Mga Kaanib and SaBansang Pilipinas, Inc. - which are merely desriptive and also referring to
the members, or kaanib, of a preexisting corporationwho are likewise residing in the Philippines, can
hardly serve as an effective differentiating medium necessary to avoid confusion or difficulty in
distinguishing the former from the latter. Ang mga Kaanib sa Iglesia ng Dios Kay Kristo Hesus, H.S.K.
Sa Bansang Pilipinas, Inc. vs Iglesia ng dios Kay cristo Hesus, Haligi at Suhay ng Katotohanan, 372
SCRA 171.

The only difference between the corporate names of petitioner and respondent are the words Saligan
and Suhay, foundation or support. Ang mga Kaanib sa Iglesia ng Dios Kay Kristo Hesus, H.S.K. Sa
Bansang Pilipinas, Inc. vs Iglesia ng dios Kay cristo Hesus, Haligi at Suhay ng Katotohanan, 372
SCRA 171.

Novation which consists in substituting a new debtor in the place of the original one, may be made
even without the knowledge or against the will of the latter, but not without the consent of the creditor.
Public Estates Authority vs Uy, 372 SCRA 180.

A final judgment or order is one that finally disposes of a case, leaving nothing more for the court to
do in respect thereto such as an adjudication on the merits which, on the basis of the evidence
presented at the trial, declares categorically what the rights and obligations of the parties are and which
party is in the right, or a judgment or order that dismisses an action on the ground of res judicata or
prescription, for instance. Lilia vs Fanunal, 372 SCRA 213.

Interlocutory order does not finally dispose of the case, such as an order denying a motion to dismiss
under Rule 16 of the Rules of Court, or granting a motion for extension of time to file a pleading. Lilia
vs Fanunal, 372 SCRA 213.

To authenticate a private document means to prove its genuineness and due execution. People vs
Guanson, 372 SCRA 222.

When the law refers to genuineness and due execution of the instrument it means that the instrument
is not spurious, conterfeit, or of different import on its face from the one executed. People vs Guanson,
372 SCRA 222.

Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion. Sinnott vs Barte, 372 SCRA 282.

Usufruct gives right to enjoy the property of another with the obligation of preserving its form and
substance, unless the title constituting it or the law otherwise provides. Alcantara vs Reta, 372 SCRA
364.

Probable cause signifies a reasonable ground of suspicion supported by circumstances sufficiently

strong in themselves to warrant a cautious man's belief that the person accused is guilty of the offense
with which he is charges. Baylon vs Office of the Ombudsman, 372 SCRA 437.

A tax amnesty is a general pardon or intentional overlooking by the State of its authority to impose
penalties on persons otherwise guilty of evasion or violation of a revenue or tax law it partakes of an
absoluteforgiveness or waive by the government of its right to collect what is due it and to give tax
evaders who wish to relent a chance to start with a clean slate. Commissioner of Internal Revenue vs
Marubeni Corporation, 372 SCRA 576.

The word contractor is a person who, in the pursuit of independent business, undertakes to do a
specific job or piece of work for other persons, using his own means and methods without submitting
himself to control as to the petty details. Commissioner of Internal Revenue vs Marubeni Corporation,
372 SCRA 576.

A buy-bust operaion is a form of entrapment whereby ways and means are resorted to for the purpose
of trapping and capturing lawbreakers in the execution of their criminal plan. People vs Julian-
Fernandez, 372 SCRA 608.
There is a question of law when the doubt or difference arises as to what is pertaining to a certain state
of facts. Calvo vs Vergara, 372 SCRA 650.

There is a question of fact when the doubt arises as to the truth or falsity of alleged facts. Calvo vs
Vergara, 372 SCRA 650.

The term labor-only contracting is defined by Section 4, paragraph (f) Rule VIII-A, Book III, of the
Omnibus Rules Implementing the Labor Code. De los Santos vs National Labor Relations
Commission, 372 SCRA 723.

Garnishment consists in the citation of some stranger to the litigation, who is debtor to one of the
parties in action, and by this means such debtor stranger becomes forced intervenor; and the court,
having acquired jurisdiction over his person by means of citation, requires him to pay his debt, not to
his former creditor, but to the new creditor, who is creditor in the main litigation. PNB Management
and Development Corporation vs R & R Metal Casting and Fabricating, Inc., 373 SCRA 1.

By grave abuse of discretion is meant such capricious and whimsical exercise of judgment which is
equivalent to an excess, or lack of jurisdiction, and the abuse of discretion must be so patent and gross
as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or
to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic
manner by reason of passion or hostility. Duero vs court of Appeals, 373 SCRA 11.

Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause
damage. Ang vs Asis, 373 SCRA 91.

Conspirators know the criminal intention because they themselves have decided upon such course of
action. People vs Garcia, 373 SCRA 134.

Accomplices come to know about it after the principals have reached the decision, and only then do
they agree to cooperate in its execution. People vs Garcia, 373 SCRA 134.

Probable cause signifies a reasonable ground of suspicion supported by the circumstances sufficiently
strong in themselves to warrant a cautious man's belief that the person accused is guilty of the offense
with which he is charged. Caballes vs Court of Appeals, 373 SCRA 221.

A cause of action is an act or omission of one party the defendant in violation of the legal right of the
other. Reclucio vs Lopez, 373 SCRA 578.

Res judicata means a matter adjudged, a thing judicially acted upon or decided; a thing or matter settled
by judgment. Manila Electric Company vs Philippine Consumers Foundation, Inc., 374 SCRA 262.

A judgment is on the merits when it determines the rights and liabilities of the parties based on the
disclosed facts, irrespective of formal, technical or dilatory objections. Manila Electric Company vs
Philippine Consumers Foundation, Inc., 374 SCRA 262.

The subject matter of an action refers to the thing, wrongful act, contract or property which is directly
involved in the action, concerning which the wrong has been done and with respect to ehich the
controversy has arisen. Manila Electric Company vs Philippine Consumers Foundation, Inc., 374
SCRA 262.

A buy-bust operation is a form of entrapment that is resorted to for trapping and capturing felons in the
execution of their criminal plan. People vs Bongalon, 374 SCRA 289.

Dacion en pago is the delivery and transmission of ownership of a thing by the debtor to the creditor as
an accepted equivalent of the performance of the obligation. Philippine Lawin Bus Co. vs Court of
Appeals, 374 SCRA 332.

A Collective Bargaining Agreement is a contract executed upon request of either the employer or the
exclusive bargaining representative incorporating the agreement reached after negotiations with respect
to wages, hours of work and all other terms and conditions of employment, including proposals for
adjusting any grievances or questions arising under such agreement. Rivera vs Espiritu, 374 SCRA 351.

The definitions of the term compensation in Presidential Decree No. 1142, Section 2(i), as amended
by Republic Act No. 8291, and Section 32 of the Natural Internal Revenue Code, are for limited
purposes only and cannot bt deemed to comprehend sch other purposes not specifically included in the
provisions thereof. Baybay Water District vs Commission on Audit, 374 SCRA 482.

Management prerogative refers to the rights of the employer to regulate all aspects of employment,
such as the freedom to prescribe work assignments, working methods, processes to be followed,
regulation regarding the transfer of employees, supervision of their work, lay-off and discipline, and
dismissal and recall of work, presupposing the existence of an employer-employee relationship.
Baybay Water District vs Commission on Audit, 374 SCRA 482.

A carbine is defined as a short light rifle, but as generally understood in this country, a carbine
refers to the U.S. Carbine M1 .30 caliber rifle. People s Narvaez, 374 SCRA 529.

Recruitment and placement defined by Article 13(b) of the Labor Code as any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referals,
contract services, promising or advertising for employment, locally or abroad, whether for profit or not.
People vs Dionision, 375 SCRA 56.

Cicumstantial evidence is defined as that which indirectly proves a fact in issue through an
interference which the fact finder draws from the evidence established. People vs Cuenca, 375 SCRA
119.

Conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. People vs Dy, 375 SCRA 15.

A question of law exists when the doubt or controversy concerns the correct application of law or
jurisprudence to a certain set of facts; or when the issue does not call for an examination of the
probative value of the evidence presented, the truth or falsehood of facts being admitted. Republic vs
Sandiganbayan, 375 SCRA 145.

A question of fact exists when the doubt or difference arises as to the truth or falsehood of facts or
when the query invites calibration of the whole evidence considering mainly the credibility of the
witnesses; the existence and relevancy of specific surrounding circumstances as well as their relation to
each other and to the whole, and the probability of the situation. Republic vs Sandiganbayan, 375
SCRA 145.

Laches may be defined as the failure or neglect for an unreasonable and unexplained length of time, to
do that which, by exercising due diligence, could or should have been done earlier. Westmont Bank vs
Ong, 375 SCRA 212.

Apointment may be defined as the selection, by the authority vested with the power, of an individual
who is to exercise the functions of a given office. Osea vs Malaya, 375 SCRA 285.

A reassignment is merely a movement of an employee from one organizational unit to another in the
same department or agency which does not involve a reduction in rank, status or salary and does not
require the issuance of an appointment. Osea vs Malaya, 375 SCRA 285.

Escheat is a proceeding, unlike that of succession or assignment, whereby the state, by virtue of its
sovereignty, steps in and claims the real or personal property of a person who dies intestate leaving no
heir. Republic vs Court of Appeals, 375 SCRA 484.