SCRA VOLUME 195

WORDS AND PHRASES

Homeconsumptionvalueisthepriceofthesame,likeorsimilararticlesasboughtandsoldor
offeredforsalefreelyintheusualwholesalequantitiesintheordinarycourseoftrade,inthe
principal markets of the country from where exported on the date of exportation to the
Philippines.CommissionerofCustomsvsCourtofTaxAppeals,195SCRA12

Goodfaithreferstoastateofthemindwhichismanifestedbytheactsoftheindividual
concerned.Itconsistsofthehonestintentiontoabstainfromtakinganunconscionableand
unscrupulousadvantageofanother.FarolanvsSalomac,195SCRA168

Consentisimpliedwhenthegovernmententersintobusinesscontracts,therebydescendingto
theleveloftheothercontractingparty,andalsowhentheStatefilesacomplaint,thusopening
itselftoacounterclaim.MunicipalityofSanFernandoLaUnionvsPirme,195SCRA692

SCRA VOLUME 196

WORDSANDPHRASES

Anagencyofthegovernmentisdefinedasreferringto any of the various units of the Government

including a department, bureau, office, instrumentality, government-owned or-controlled corporation,
or local government or distinct unit therein. Boy Scouts of the Philippines vs. National Labor Relations
Commission, 196 SCRA 176.

Government instrumentality refers to any agency of the National Government, not integrated within the
department framework, vested with special functions or jurisdiction by law, endowed with some if not
all corporate powers, administering special funds, and enjoying operational autonomy usually through a
charter. This term includes regulatory agencies, chartered institutions and government-owned or
controlled corporations. Boy Scouts of the Philippines vs. National Labor Relations Commission, 196
SCRA 176.

Chartered institution refers to any agency organized or operating under a special charter, and vested
by law with functions relating to specific constitutional policies or objectives. This term includes the
state universities and colleges, and the monetary authority of the State. Boy Scouts of the Philippines
vs. National Labor Relations Commission, 196 SCRA 176.

The term househelper as used by Section 1 (b), Rule VIII, Book 3 of Labor Code is synonymous to the
term "domestic servant" and shall refer to any person, whether male or female, who renders services in
and about the employer's home and which services are usually necessary or desirable for the
maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment
of the employer's family. Apex Mining Company, Inc. vs. National Labor Commission, 196 SCRA 251.

A tax amnesty, being 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, partakes of an
absolute forgiveness or waiver by the Government of its right to collect what otherwise would be due
it, and in this sense, prejudicial thereto, particularly to give tax evaders, who wish to relent and are
willing to reform a chance to do so and thereby become a part of the new society with a clean slate
Republic vs. Intermediate Appellate Court, 196 SCRA 335.

To take advantage of superior strength means to purposely use excessive force out of proportion to the
means of the defense available to the person attacked. People vs. Moka, 196 SCRA 378.

A bank draft is a "bill of exchange drawn by a bank upon its correspondent bank issue at the solicitation
of a stranger who purchases and pays therefor. It is also defined as an "order for payment of money."
Citytrust Banking Corporation vs Court of Appeals, 196 SCRA 553

For the purposes of determining whether the accused is a recidivist, the phrase at the time of his trial
for an offense used in the definition of recidivism , must be interpreted to include everything done in
the course of trial, i.e., from arraignment until after promulgation of decision. People vs. Lagardo, 196
SCRA 611.

A recidivist is one who, at the time of his trial for one crime, shall have been previously
convictedbyfinaljudgmentofanothercrimeembracedinthesametitleoftheRevisedPenal
Code.Peoplevs.Lagardo,196SCRA611.

Thephrase"atthetrial"ismeanttoincludeeverythingthatisdoneinthecourseofthetrial,
fromarraignmentuntilaftersentenceisannouncedbythejudgeinopencourt.Peoplevs.
Lagardo,196SCRA611.

SCRA VOLUME 197

WORDSANDPHRASES

An employee who has been engaged to perform activities which are usually necessary or
desirableintheusualbusinessofthebusinessoftheemployer,isdeemedaregularemployee,
andisentitledofsecurityoftenure,notwithstandingthecontraryprovisionsinthecontractof
employment.TucorIndustriesInc.,vs.NationalLaborRelations197SCRA296.
A provisional appointment is one which may be issued upon prior authorization of the
Commissioner in accordance with the provisions of the Act and the rules and standards
promulgated in pursuance thereto to a person who has not qualified in an appropriate
examinationbutwhootherwisemeetstherequirementsforappointmenttoaregularposition
inthecompetitiveservice,wheneveravacancyoccursandthefillingthereofisnecessaryinthe
interest of the service and there is no appropriate register of eligibles at the time of
appointment.Regis,Jr.,vs.Osmena,Jr.,197SCRA308.

Atemporaryappointmentgiventoanoncivilserviceeligibleiswithoutadefinitetenureof
officeandisdependentuponthepleasureofappointingpower.Regis,Jr.,vs.Osmena,Jr.,197
SCRA308.
SCRA VOLUME 198

WORDSANDPHRASES

Waiverisdefinedasavoluntaryandintentionalrelinquishmentorabandonmentofaknown
existinglegalright,advantage,benefit,claimorprivilege,whichexceptforsuchwaiverthe
partywouldhaveenjoyed;thevoluntaryabandonmentorsurrender,byacapableperson,ofa
rightknownbyhimtoexist,withtheintentthatsuchrightshallbesurrenderedandsuch
person forever deprived of its benefit; or such conduct as warrants an inference of the
relinquishmentofsuchright;ortheintentionaldoingofanactinconsistentwithclaimingit.
Peoplevs.Donato,198SCRA130

Probable cause has been defined as such facts and circumstances which could lead a
reasonable,discreetandprudentmantobelievethatanoffensehasbeencommitted,andthat
the objects sought in connection with the offense are in the place sought to be searched.
Peoplevs.Malmstedt,198SCRA541

Alienationmeans'thetransferofthepropertyandpossessionoflands,tenements,orother
thingsfromonepersonto another.Theactbywhich the titleto real estateisvoluntarily
assignedbyonepersontoanotherandacceptedbythelatter,intheformprescribedbylaw.
Roxasvs.CourtofAppeals.198SCRA541

Leaseisagrantofuseandpossession.Roxasvs.CourtofAppeals.198SCRA541

SCRA VOLUME 199

WORDSANDPHRASES

Inentrapment, means rea originatesfromthemindofthecriminal.TheIdeaandresolveto

committhecrimecomesfromhim.Peoplevs.DelaPena,199SCRA28.

Ininstigation,thelawofficersconceivethecommissionofthecrimeandsuggestittothe
accused,whoadoptstheideaandcarriesitintoexecution.Peoplevs.DelaPena,199SCRA28.

Anhonorariumisdefinedassomethinggivennotasamatterofobligationbutinappreciation
forservicesrendered,avoluntarydonationinconsiderationofserviceswhichadmitofno
compensationinmoney.Santiagovs.CommissiononAudit.,199SCRA125.

Graveabuseofdiscretionmeanssuchcapriciousandwhimsicalexerciseofjudgmentasis
equivalenttolackofjurisdiction.Itmustbesopatentandgrossastoamounttoanevasionof
positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in
contemplationoflaw.CommissiononAudirvs.Tanodbayan,199SCRA622.

Theterm"residence"hasbeenunderstoodassynonymouswith domicile notonlyunderthe

previousConstitutionsbutalsounderthe1987Constitution.Covs.ElectoralTribunalofHouse
ofRepresentative.199SCRA692.
Cattlerustlingistakingawaybyanymeans,methodsorschemes,withouttheconsentofthe
owner/raiser,ofanyoftheabovementionedanimalswhetherornotforprofitorgain,or
whethercommittedwithorwithoutviolenceagainstorintimidationofanypersonorforce
upon things. It includes the killing of large cattle, or taking its meat or hide without the
consentoftheowner/raiser..Ordoniovs.CourtofAppeals,199SCRA873.

Courtconstruedthephrase"highestratereceived"asreferringtotheretiree's"highestmonthly
salary.Borromeovs.CivilServiceCommission,199SCRA911.