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Dictionary of evidence

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Kelvin Insigne

This document defines and provides details on several legal terms: 1. Aberratio ictus refers to a mistake in a blow that results in hitting someone other than the intended target due to imprecision. 2. An absentee is considered dead after lengthy periods of absence for legal purposes like inheritance, but different timelines apply depending on circumstances like age or if disappearance involved danger of death. 3. An act is considered an aburdity if it is irrational, unnatural, or inconvenient in a way that was not intended by people of ordinary intelligence.

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DICTIONARY OF EVIDENCE
 ABERRATIO ICTUS – means mistake in the blow, characterized by aiming at one hitting the other due to imprecision in the blow (People vs. Sabalones, 294 SCRA 751)  ABSENTEE- A person absent after seven years, it being unknown whether or not he still lives, is disputably considered dead for all purposes, except for those of succession. - The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. - The following shall be considered dead for all purposes including the division of the estate among the heirs: 1. A person on board a vessel lost during a sea voyage, or an air-craft which is missing, who has not been heard of for four years since the loss of the vessel or aircraft; 2. A member of the armed forces who has taken part in armed hostilities, and has been missing for four years;
3. A person who has been in danger of death under other circumstances and whose existence has not been known for four years; 4. If a married person has been absent for four consecutive years, the spouse present may contract a subsequent marriage if he or she has a well-founded belief that the absent spouse is already dead. In case of disappearance, where is danger of death under the circumstances herein above provided, an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. However in any case, before marrying again, the spouse present must institute a summary proceeding as provided in the Family Code and in the rules for a declaration of presumptive death of the absentee, without prejudice to he effect of reappearance of the absent spouse.  ABURDITY – any thing which is irrational, unnatural or inconvenient that it cannot be supposed to have been within the intention of men of ordinary intelligence and discretion.(Republic vs. CA, 299 SCRA 199, 277)  ACCESORY – is one who, having knowledge of the commission of the crime, and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manners:
1. By profiting himself or assisting the offender to profit by the effort of crime; 2. By concealing or destroying the body of the crime or the effects of the instruments thereof, in order to prevent its discovery; 3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of the public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.(Art. 19 Rev. Penal Code; People vs. Maluenda, 288 SCRA 255)  ACCIDENT – is an event which happens without any human agency or, if happening through human agency, an event which, under the circumstances, is unusual to and not expected by the person to whom it happens. It has also been defined as an injury which happens by reason of some violence or casualty to the insured without his design, consent, or voluntary cooperation. (Sun insurance Office, Ltd. vs. CA, 211 SCRA 554)
Dictionary of evidence

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Dictionary of evidence

  • 2.  ABERRATIO ICTUS – means mistake in the blow, characterized by aiming at one hitting the other due to imprecision in the blow (People vs. Sabalones, 294 SCRA 751)  ABSENTEE- A person absent after seven years, it being unknown whether or not he still lives, is disputably considered dead for all purposes, except for those of succession. - The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. - The following shall be considered dead for all purposes including the division of the estate among the heirs: 1. A person on board a vessel lost during a sea voyage, or an air-craft which is missing, who has not been heard of for four years since the loss of the vessel or aircraft; 2. A member of the armed forces who has taken part in armed hostilities, and has been missing for four years;
  • 3. 3. A person who has been in danger of death under other circumstances and whose existence has not been known for four years; 4. If a married person has been absent for four consecutive years, the spouse present may contract a subsequent marriage if he or she has a well-founded belief that the absent spouse is already dead. In case of disappearance, where is danger of death under the circumstances herein above provided, an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. However in any case, before marrying again, the spouse present must institute a summary proceeding as provided in the Family Code and in the rules for a declaration of presumptive death of the absentee, without prejudice to he effect of reappearance of the absent spouse.  ABURDITY – any thing which is irrational, unnatural or inconvenient that it cannot be supposed to have been within the intention of men of ordinary intelligence and discretion.(Republic vs. CA, 299 SCRA 199, 277)  ACCESORY – is one who, having knowledge of the commission of the crime, and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manners:
  • 4. 1. By profiting himself or assisting the offender to profit by the effort of crime; 2. By concealing or destroying the body of the crime or the effects of the instruments thereof, in order to prevent its discovery; 3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of the public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.(Art. 19 Rev. Penal Code; People vs. Maluenda, 288 SCRA 255)  ACCIDENT – is an event which happens without any human agency or, if happening through human agency, an event which, under the circumstances, is unusual to and not expected by the person to whom it happens. It has also been defined as an injury which happens by reason of some violence or casualty to the insured without his design, consent, or voluntary cooperation. (Sun insurance Office, Ltd. vs. CA, 211 SCRA 554)