Definition of terms

1. Aberration Ictus (Mistake in the Blow) - the intended victim as well as the actual victim are
both at the scene of the crime.
2. Absolutory cause- which has the effect of absolving the offender from criminal liability
although not from civil liability. It has effect as exempting circumstances.
3. Abuse of confidence- it presupposes the trust reposed between the accused and the victim
arising from relationship or law.
4. Accident- is an happening or event beyond the control of a person the consequences of
which are not foreseeable.
5. Accute battering incident- acts of brutality, destructiveness.
6. Act- any bodily movement tending to produce some affecting the external world, it being
unnecessary that the same be actually produced as the possibility of its production is
sufficient.
7. Actual- an attack with physical force or with a weapon
8. Aggravating circumstances- those which serve to increase the penalty without exceeding
the maximum provided by the law because of the greater perveralty of the offender ass
show by the motivating power of the commission, the means employed or the personal
circumstances of the offender.
9. Alternative circumstances- those which are either aggravating or mitigating according to
the nature and effects of the crime and other conditions attending its commission.
10. Arial Jurisdiction- the jurisdiction over the atmosphere.
11. Attemted- the actor is still within the subjective phase of the commission of the felony. The
person does not perform all the acts of execution which would produce the felony by the
reason of some cause/accident other than his own spontaneous desistance.
12. Battered woman- is a woman who is repeatedly subjected to any forceful physical or
psychological behavior by a man in order to the coerce her to do something he wants her to
do without concern of her rights.
13. Bill of attender- is the legislative act which intakes punishment without trial.
14. Classical Theory- the basis of criminality is human free will one must be responsible for the
consequences of his action. Purpose of penalty RETRIBUTION.
15. Common Crime- committed for the personal or private purpose.
16. Complex Crime- multiple crimes but one penalty.
17. Compound Crime- one act producing two or more crimes.
18. Conspiracy to commit felony- exits when two or more persons come to only in case in
which the law especially provides a penalty.
19. Consummated- all the elements necessary for its execution and accomplishment are
present.
20. Craft- involves intellectual trickery or cunning on the part of the accused. It is not attendant
where the accused was practically in a stupor (lethargy) when the crime is committed.
21. Crime- it is an act committed or omitted in a violation of public law forbidding or
commanding it.
22. Criminal Law- it is that branch or division of municipal law which defines crime, treats of the
nature, and provides for their punishment.
23. Culpable- refers to the negligence or imprudence.
24. Desistance- the free and the voluntary decision of the offender not to continue with the
commission of the crime.
25. Discernment- is the mental capacity to tell the right from wrong. It relates to the moral
significance that a person ascribes to his act and relates to the intelligence as an element of
dolo, distinct from intent.
26. Disguise- resorting to any device to conceal identity.
27. Dolo- is equivalent to malice which is the intent to do injury to another.
28. Duress- no force but there is threat
29. Eclectic/Mixed Theory- it combines the good quality of classical and positivist theories
30. Emminent- an attack that is impending or at the point of happening.
31. Entrapment- the idea came from the accused and the policeman came to know of the
criminal intent and devised means to catch the criminal.
32. Error in Personae (mistake in Identity)- the intended victim there was really a mistake in
identity.
33. Essence of premeditation- the execution of the criminal act must be preceded by cool
thought and reflection upon the resolution to carry out the criminal intent during the space
of the time sufficient to arrive at a calm judgment.
34. Exempting circumstances- those wherein there is an absence of voluntariness, and hence,
though there is crime, there is no criminal liability.
35. Extenuating circumstances- that which has the effect of mitigating the criminal liability of
the offender.
36. Fear- there is a threat of harm to one’s life, safety and is immediate or at the point of
happening.
37. Felony- an act committed or omitted in violation of the RPC.
38. Fluvial Jurisdiction- the jurisdiction over maritime and interior waters.
39. Force-actual material force employed by a third person
40. Frame up/set up- when an innocent person is intentionally placed by a law enforcer in a
situation where it is made to appear that said person committed a crime. The person never
committed the imputed crime.
41. Fraud- Insidious word or machinations used to induce the victim to act in a manner which
would enable the offender to carry out his design.
42. Frustrated- the offender has done everything necessary to produce the felony but the crime
was not produce by the reason of cause independent of the will of the perpetrator.
43. Generality- Philippine penal law apply to all persons who sojourn within the Philippines
regardless of their belief, sex or creed.
44. Generic- circumstances which apply to all crimes like recidivism need not be alleged in the
information.
45. Grave felonies- are those to which the law attaches the capital punishment or penalties
which in any of theirs period are afflictive, in accordance with article 25 of this code.
46. Ignominy- an circumstances pertaining to the moral order, which adds disgrace and obloguy
(slander/reproach) to the material injury caused by the crime.
47. Imbecile- is on who while advance in age has a mental development comparable to that of
children between two and seven years of age. It is a permanent condition.
48. Impossible Crime- it is an act which would be an offense against persons or property where
it not for the inherent impossibility of its accomplishment or on account of the employment
of inadequate or ineffectual means.
49. Inherent Impossibility- accomplishment is inherently impossible due to ineffectual or
inadequate means.
50. Inherent- those that form part of the felony.
51. Insanity- refers to the total deprivation of will and not eccentricity and not mere mental
weakness or depression.
52. Instigation- it is a defense. An innocent person is induced to commit a crime by a law
enforcement agent and thereafter arrests him and charges him from the act.
53. Intent- is the determination to do a certain thing in an aim of purpose of the mind. It is
design to resolve or determination by which a person acts.
54. Intentional- deliberate intent (positive act or omission).
55. Irresistible- cannot resist force despite effort, and he is acting against his will
56. Irresistible force-this speaks of physical force, which must come from a third person. It is
based on the complete absence of freedom.
57. Justifying circumstances- those wherein the acts or actor are in accordance with the law,
and hence, he incurs no criminal liability.
58. Legal Impossibility- it would apply to those circumstances where the motive, desire and
expectation to perform an act in violation of the law.
59. Less grave felonies- are those which the law punishes with penalties which in their
maximum period are correctional
60. Light grave felonies- are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos, or both.
61. Localized- all elements of the crime took place in one jurisdiction.
62. Mala In Se- the act by themselves are evil or erroneous.
63. Mala Prohibita- crimes under special law.
64. Misdemeanor- a minor infraction of law, such as a violation of Ordinance.
65. Mistake of Fact- misapprehension of fact on the part of the person who caused injury to
another.
66. Mitigating circumstances- those that have the effect of reducing the penalty because there
is a diminution of any of the elements of DOLO or CULPA which makes the act voluntary or
because of the lesser perversity of the offender.
67. Obvious ungratefulness- the accused had been given affection and is expected to be
grateful.
68. Offense- an act committed or omitted in violation of the Special Law.
69. Omission- inaction, the failure to perform a positive duty one is bound to do. There must be
a law requiring the doing or thee performance of an act.
70. Ordinary- those that may be offset by mitigating circumstances.
71. Over act- the physical deed of or activity which is capable of producing effect in the external
world.
72. Penal- entails penalty or punishment.
73. Physical Impossibility- occurs when extraneous circumstances unknown to the actor or
beyond his control prevent the consummation of the intended crime.
74. Positivist/Legalistic Theory- man is essentially good but social necessities compel him to
commit a crime. Purpose of penalty REHABILITATION
75. Praeter Intentinem (actual result greater than that intended)- the actor is entitled to
mitigating circumstances of lack of intent to commit so grave a wrong.
76. Private Crime- the offended private party must complain before on information may be
filed. “Crimes against chastity”.
77. Proposal to commit felony- when the persons who decide to commit a felony propose its
execution to some other person or persons.
78. Prospectivity- the law must apply and cover only acts and omission which are committed
after its effectivity.
79. Provocation- any unjust or improper conducts or act of the offender party, capable of
exciting, inciting or irrigating anyone.
80. Proximate Cause- that the cause which in natural and continuous sequence unbroken by
any efficient interviewing cause produces an injury and without which has result would not
have occurred.
81. Public Law- it deals with the relation of the individual with the state
82. Qualifying- those that change the nature of the felony like abuse of confidence in theft.
83. Quasi recidivism- any person who shall commit a felony after having been convicted by a
final judgment, before beginning to serve such sentence, or while serving the same, shall be
punished by the maximum period of the penalty prescribed by law for the new felony.
84. Recidivist- is one who at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the revised
penal code.
85. Special Complex Crime- two or more offenses but the law considers them as one thus 1
penalty.
86. Specific- apply only to particular crimes like cruelty in crimes against person.
87. Stranger- is any person who is not a relative.
88. Substantive Law- it defines the states right to inflict punishment and the liability of the
offenders
89. Sufficient- adequate to excite a person to commit the wrong and must be proportionate to
its gravity.
90. Tension-building phase- minor battering, verbal assault.
91. Territorial Jurisdiction- the jurisdiction exercised of a country over the bodies of land,
defines in the constitution.
92. Territoriality- penal law apply to a person who committed a crime within the Philippine
territory
93. Test of cognition or M’nagthen Test/ or Test of Right and Wrong- a person is insane if at
the time the act is committed, he was suffering from defect of reason, disease of mind to
lead him not to know the nature and quality of his act to know that his act was wrong.
94. Test of Volition or Irresistible impulse-the accuse knew that what he was doing was wrong
but due to a mental disease, he lacked the power to resist the impulse to commit the
crime.
95. Tranquil, loving phase- man show tender and loving care, promise not to do it again.
96. Transitory- elements take place in two or more jurisdiction.
97. Uncontrollable fear- it refers to an equal greater injury.
98. Unintentional abortion- is committed by any person who, by violence, shall cause killing of
the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb,
causing its death
99. Utilitarian/Protective Theory- it protect society against the potential actual wrongdoers.
100. Vindication- decided by the court considering.
 Definition of Terms

1. Treason- is a breach of allegiance to a government committed by a person who owes

allegiance to it.
2. Allegiance- it meant the obligation of fidelity and obedience which the individual owe to
the government under which they live or to their sovereign in return for the protection
they receive.
3. Permanent Allegiance- consist in the obligation of fidelity and obedience which a citizen
or subject owes to his government or sovereign.
4. Temporary Allegiance- In the obligation of fidelity and obedience which a resident alien
owes to our government.
5. Levying War- that there be actual assembling of men and for the purpose of executing a
treasonable design by force.
6. Adherence to the enemy – means intent to betray.
7. Aid or Comfort- means an act which strengthens or tends to strengthen the enemy in
the conduct of war against the traitor’s country and an act which weakens or tends to
weaken the power of the traitor’s country to resist or to attack the enemy.
8. Overt act- defined as the physical activity that deed that constitutes the rendering of aid
and comfort.
9. Conspiracy to commit Treason- it is committed when in time of war, two or more
persons come to an agreement to levy war against the government or to adhere to the
enemies and to give them aid and comfort and decide to commit it.
10. Proposal to commit Treason- it is committed when in time of war a person who has
decided to levy war against the government or to adhere to the enemies and to give
them aid and comfort proposes its execution to some other person/s.
11. Espionage- is the offense of gathering, transmitting or losing information respecting the
national defense with intent or reason to believe that the information is to be used to
the injury of the Republic of the Philippines.
12. Neutrality- a nation or power which takes no part in a contest of arms going on
between others is referred to as neutral.
13. Correspondence- it’s a communication by means of letters, or it may refer to the letters
which past between those who have friendly or business relations.
14. High seas- it does not mean that the crime be committed beyond the three-mile limit of
any state.
15. Piracy- it is robbery or forcible depredation on the high seas without lawful authority
and done with animo furandi and in the spirit and intention of universal hostility.
16. Mutiny- it is the unlawful resistance and disturbances on board a ship against the
authority of its commander.
17. Philippine Water- it shall refer to all bodies of water.
18. Vessel- any vessel or watercraft used for transport of passengers and cargo from one
place to another through the Philippine waters.
19. Detention- is defined as the actual confinement of a person in an enclosure or in any
manner detaining and depriving him of his liberty.
20. Probable of Cause- defined as such facts and circumstances which could lead a
reasonable discreet and prudent man to believe that an offence has been committed
and that the object sought in connection of the offense are in the place sought to be
researched.
21. Violation of Domicile- it is the unlawful entering a dwelling against the will of the
owner thereof or making search without previous consent of the owner.
22. Search Warrant- is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer commanding him to search
for personal property describe therein and bring it before the court.
23. Religious ceremonies- are those religious acts performed outside of a church as
processions and special players for burying dead persons.
24. Outcry- means to shout subversive or provocative words tending to stir up the people to
obtain by means of force or violence any of the objects of rebellion or sedition.
25. Tumultuous- the disturbance or interruption shall be deemed to be tumultuous if
caused by more than three persons who are armed or provided with means of violence.
26. Charivari- a medley of discordant voice a mock serenade of discordant noises on kettles,
tins, horns, etc… designed to annoy and insult.
27. Escape- defines as to flee form, to avoid, to get out of the way, as to flee to avoid arrest.
28. Quasi recidivism- any person who shall commit a felony after having been convicted by
a final judgment, before beginning to serve such sentence, or while serving the same,
shall be punished by the maximum period of the penalty prescribed by law for the new
felony.
29. Coin- is a piece of metal stamped with certain marks and made current at a certain
value.
30. Import- means to bring them into port.
31. Utter- means to pass counterfeited coins.
32. Mutilation- means to take off part of the metal either by filing it or substituting it for
another metal of inferior quality.
33. Document- is any written statement by which a right is established or an obligation
extinguished.
34. Public Document- a document created executed or issued by a public official in
response to the exigencies of the public service or in the execution of which a public
official intervened.
35. Official Document- a document which issued a public official in the exercise of the
function of his office.
36. Private Document- a deed or instrument executed by a private person without the
intervention of a notary public or other person legally authorized by which document
some disposition or agreement is proven evidenced or set forth.
37. Commercial Document- any documents defined and regulated by the code of
commerce.
38. Fictitious Name-any other name which a person publicly applies to himself without
authority of law is a fictitious name.
39. False Testimony- it is committed by a person who being under oath and required to
testify as to the truth of a certain matter at a hearing before a competent authority shall
deny the truth or any something contrary to it.
40. Oath- any form of attestation by which a person signifies that he is bound in conscience
to perform an act faithfully and truthfully.
41. Affidavit- is a sworn statement in writing, declaration in writing made upon oath before
an authorized magistrate or officer.
42. Mark- means any visible capable of distinguishing the goods (trademarks) or services
mark of an enterprise and shall include a stamped or mark container.
43. Tradename- means the name or designation identifying or distinguishing an enterprise.
44. Gambling- is any game or scheme whether upon chance or skill wherein wages
consisting of money articles or value or representative of value are at stake or made.
45. Lottery- it is a scheme for the distribution of prizes by chance among persons who have
paid or agreed to pay a valuable consideration for the chance to obtain a prize.
46. Decency- means propriety of conduct property observance of the requirements of
modesty, good taste.
47. Customs- means stablished usage, social conventions carried on by tradition and
enforced by social disapproval of any violation thereof.
48. Grave Scandal- consists of acts which are offensive to decency and good customs which
having been committed publicity.
49. Obscene- means something offensive to chastity, decency or delicacy.
50. Misfeasance- is the improper performance of some act which might lawfully be done.
51. Malfeasance- is the performance of some act which ought not to be done.
52. Nonfeasance- is the omission of some act which ought to be performed.
53. Judgment- it is the final consideration and determination of a court of competent
jurisdiction upon the submitted to it in an action or proceeding.
54. Unjust Judgment- it is one which is contrary to law or is not supported by the evidence
or both.
55. Embezzlement- it is the total value of the property embezzled in the penultimate
paragraph of Article 217.
56. Custody- means a guarding or keeping safe; care.
57. Solicit- means to propose earnesty and persistently something unchaste and immoral to
a woman.
58. Murder- is the unlawful killing of any person which is not parricide or infanticide.
59. Homicide- is the unlawful killing of any person which is neither parricide, murder nor
infanticide.
60. Accident Homicide- it is the death of a person brought about by a lawful act performed
with proper care and skill and without homicide intent.
61. Euthanasia- commonly known as mercy-killing- it is the practice of painlessly putting to
death a person suffering from some incurable disease.
62. Infanticide- it is the unlawful killing of any child less than three day of age whether the
killer is the parent or grandparent any other relative of the child or a stranger.
63. Duel- it is a formal or regular combat previously concerned between two parties in the
presence of two or more seconds of lawful age on each side, who makes the election of
arms and fix all the other conditions of the fight.
64. Mutilation- means the lopping or the clipping off some part of the body.
65. Deformity- it is meant physical ugliness, permanent and definite abnormality.
66. Robbery- it is the taking of personal property belonging to another, with intent to gain
by means of violence or intimidation of any person or using force upon anything.
67. Intent to gain- it is the presumed from the unlawful taking of personal property.
68. Inhabited house- it is any shelter, ship or vessel constituting the dwelling of one or more
persons even through the inhabitant thereof are temporarily absent therefrom when
the robbery is committed.
69. Conjugal dwelling- it is meant the home of the husband and wife even if the wife
happens to be temporarily absent on any account.
70. Cohabit- means to dwell together in the manner of husband and wife.

71. Lewd- is defined as obscene, lustful, indecent and lecherous.

72. Domestic- is a person usually living under the same roof, pertaining to the same house.

73. Abduction- it is meant the taking away of a woman from her house or the place where
she may be for the purpose of carrying her to another place with intent to marry or to
corrupt her.

74. Theft- it is committed by a person who with intent to gain but without violence against
or intimidation of person nor force upon thing.

75. Usurpation of Authority- this is when a person misrepresents himself to be connected

with an office or government agency whe he is not.

76. Bribery- this is when a public officer receive something in relation to his doing or not
doing an act to benefit an individual.

77. Government- the national government, the local government, the GOCCs and all other
instrumentalities or agencies of the Philippines and their branches.

78. Public Officer- elective and appointive officials and employees, permanent or temporary
whether in classified or unclassified or exempt service receiving compensation even
normal from the government.

79. Plunder- a crime committed by any public officer by himself or in connivance with his
family, relatives by affinity consanguinity.

80. Tumultuous Affray- this fighting conducted in a confused manner wherein one does not
know who cause the injury.

81. Abortion- this is the killing of fetus by expellingfrom the maternal womb.

82. Physical Injury- it is a formal crime because it is penalized on the basic or the gravity of
the injury.

83. Serious Physical Injury- it is a loss of principal organ. (includes the 5 senses , loss of use
or capacity to work).

84. Deformity- means ugliness which is permanent and cannot be cured by the action of
nature.

85. Less Physical Injury-this is when injury inflict incapacitate the victim to labor or require
medical attendance for 10 to 30 days.

86. Slight Physical Injury- this is when the injury inflict incapacitate the victim to labor or
require medical attendance for 1to 9 days.

87. Statutory Rape- this is the carnal knowledge of a woman below 12 years old.
88. Kidnapping-it is the taking of any person from one place and bringing him to another
with the intention of obtaining ransom.

89. Ransom- a money price or consideration paid or demanded for redemption of a

captured person that would release him from captivity.

90. Treat- a declaration of the infliction of a future wrong upon a person honor or property
of another.

91. Unjust Vexation- any act committed without violence but which unjustifiably annoy or
vexes an innocent person.

92. Malicious Mischief- it is the willful damaging of another’s property for the sake of
causing damage due to hate, revenge or other evil motive.

93. Act of Lasciviousness- any conduct perform upon another person with lewd design and
without any intent to have sexual intercourse with the victim.

94. Blackmail- is define as any unlawful extortion of money by treat of accusation or

exposure.

95. Malice- it is the accused was motivated by ill will.

96. Malice in Law- it is a malice which the law presumes to be present where the offender
cannot stablish justifiable reasons or good motive.

97. Malice in Fact- it is a malice which the complainant have to prove to exist.

98. Fraud- Insidious word or machinations used to induce the victim to act in a manner
which would enable the offender to carry out his design.

99. Private Crime- the offended private party must complain before on information may be
filed. “Crimes against chastity”.
100. Tumultuous- the disturbance or interruption shall be deemed to be tumultuous
by more than three persons who are armed or provided with means of violence.