CRIMINAL LAW & JURISPRUDENCE 2015

CRIMINAL LAW 1 & 2

Abandonment – Willful desertion or forsaking of parental duties.

Abandonment of office or position — A felony committed by any public officer who, before the acceptance of his resignation, shall abscond his office to the detriment
of the public.

Abduction – Refers to the act of taking away a woman from her house or other place where she may be for the purpose of carrying her to another place with intent to
corrupt or marry her.

Abet – The act of inducing another to commit a crime.

Ab Initio – Latin word which means “from the beginning”.

Abortion – Refers to violent expulsion of the embryo from the material womb which results in death of the fetus. Or the willful killing of the fetus in the uterus.

Abrogation – The annulment or destruction of another law.

Absolutory Cause - Are those where the act committed is a crime but for reason of public policy and sentiment there is no penalty imposed.

Abuse of Discretion - Failure to render or exercise sound and reasonable judgment.

Accessories - Are those having knowledge to the commission of the crime and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing
or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with abuse of his 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.

Accident - Refers to anything that occur outside the sway of man’s will.

Accomplice - Are person who not being included in Art 17. (RPC) cooperate in the execution of the offense by previous or simultaneous acts.

Act - Refers to any bodily, movement tending to produce some effect in the external world.

Act of God – An inevitable event occurring by reason of the operations of nature not the result of human agency o negligence. Also known referred to as “Force
Majeure.”

Adherence to the Enemy - Intent to betray exists when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal his
country’s policy or interest.

Adjective Law – Law on procedure and court organization; opposite of substantive law.

Adjudicate – Means to determine judicially.

Administer - Refers to the act of introducing any dangerous drug into the body.

Adultery - A private crime committed by a married woman who shall have sexual intercourse with another man not her husband; and a man who shall have carnal
knowledge with a married woman.

Ad Verbatim – (Latin) to the letter, word for word.

Affidavit - Refers to a sworn statement in writing; declaration in writing made under oath before an authorized officer.

Affray – Refers to unlawful fighting which terrifies others of a reasonably firm character. A fight consisting of two or more persons in a public place.

Agency – A contract or relationship whereby a person binds himself to render some service or do some act in representation of another with the consent or authority of
the latter.

Agent of a Person in Authority – One who by direct provision of law, or by appointment by competent authority, is charged with the maintenance of public order,
protection and security of life and property, or one who comes to the aid of a person in authority.

Aggravating Circumstances - Are those conditions which if attendant in the commission of the crime serve to increase the penalty without however, exceeding the
maximum penalty provided by law for the offense.

Aggression - Destructive and injurious behavior that is socially defined as hostile and violent on the basis of several factors pertaining to the performer and the person
making the evaluation.

Aid and Abet – To act as an accessory in the commission of a crime.

Aid or Comfort - Refers to an act which strengthens the enemy in the conduct of war against the traitor’s country or an act which weakens the power of the traitor’s
country to repel or resist the attack.

Alevosia – To act with treachery.

Alias – A name other than one’s own name, an assumed name.

Allegiance - Is meant the obligation of fidelity and obedience, which the individuals owe to the state under which they live or to their sovereign, in return for the protection
they receive.

Alternative Circumstances - Are those which must be taken into consideration as aggravating or mitigating according to the nature and effect of the crime and other
conditions attending its commission.

Ambulance Chaser – One who solicits cases for lawyers. Or a lawyer who actively solicits cases on his own behalf.

Amicus Curiae - A friend of the court, who is allowed to introduce argument, authority or evidence upon some matter of law about which the court is mistaken or
doubtful.

Anticipation of Duties of a Public Office - Offense charged to any person who shall assume the performance of the duties and powers of any public officer or
employment without first being sworn in or having given the bond required by law.
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Arbitrary Detention - Refers to a felony where a public officer or employee restrain and confine a person without legal grounds.

Arresto Mayor – A correctional penalty, the duration of which shall be imprisonment from one month and one day to six months.

Arresto Menor – A light penalty, the duration of which shall be from one day to thirty days of imprisonment and or a fine not exceeding 200 Pesos.

Arson - Malicious and willful destruction of property by fire.

Assassination – Refers to the killing of an individual by treacherous means or design.

Assault and Battery – Is merely a physical attack or is a threat to strike someone. The act of striking is referred to as battery.

Attack - The word attack includes any offensive or antagonistic movement or action of any kind.

Attempted Felony – Stage of crime development when the offender commences the commission of a felony directly by overt acts and does not perform all the acts of
execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Band – Refers to more than three armed malefactors acting together in the commission of an offense.

Bigamy – Refers to the unlawful act of any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved.

Bill of Attainder – Refers to a legislative act which inflicts punishment without trial.

Bribery – Refers to the unlawful act of any public officer or employee who accepts an offer of a bribe from any person.

Brigandage – Is a felony committed by more than three persons who form a band of robbers for the purpose of committing robbery in the highway, or kidnapping
persons for the purpose of extortion or to obtain ransom, or any other purpose to be attained by means of force and violence.

Buggery – Connected with heresy and apostasy it is a form of treason against the divine will.

Building - It includes any kind of structure used for storage or safekeeping

Burglary – A general term which denote theft or robbery. Refers to the act of breaking or entering a dwelling or building with the intent of committing a crime therein.

Charivari - The term “charivari’ includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, horns, tins, and the like designed to
insult or annoy.

Civil Status – One’s public station, or right or duty.

Cohabit - Means to dwell together in the manner as husband and wife, for some period of time.

Coin – Refers to a piece of metal stamped with certain marks and made current at a certain value.

Complex Crime - When an offense is a necessary means for committing the other. Otherwise known as complex crime proper.

Compound Crime – Refers to a single act performed by the offender, that constitutes two or more grave or less grave felonies.

Concubinage – Refers to the act of a married man, who shall cohabit with his mistress in the conjugal dwelling, or shall have sexual intercourse under scandalous
circumstances, with another woman who is not his legal spouse.

Conductor - The person who manages or carries on the gambling.

Consented Abduction - The abduction of a virgin woman over twelve and under eighteen carried out with her consent and with lewd design.

Conspiracy - Exist when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

Consummated Felony - A felony is consummated when all the elements necessary for its execution and accomplishment are present.

Continuing Crime - A continued crime is a single crime consisting of a series of acts but all arising from one criminal resolution.

Continuing Offense - Is a continuous unlawful act or series of acts sets on foot by a single impulse and operated by an uninterrupted force however, long a time it may
occupy.

Cooperate - Means to desire or wish in common thing.

Corpus Delicti - Means the actual commission of the crime charged or body of the crime.

Correspondence – Refers to communication by means of letters or it may refer to the letters which pass between those who have friendly or business relation.

Correspondence with Hostile Country – A felony committed by any person who in time of war shall have correspondence with an enemy country or territory occupied
by enemy troops

Corruption – Refers to an act done with an intent to give some advantage inconsistent with the rights of others and official duties.

Counterfeiting – Refers to the imitation of a genuine or legal coin.

Coup D’ Etat - It is a swift attack, accompanied by violence, intimidation threat strategy or stealth, directed against duly constituted authorities, or any camp, installation,
communications network public utilities needed for the exercise and continued possession of power, with or without civilian support.

Craft - Involves intellectual trickery and cunning on the part of the accused.

Crime - Refers to an act committed or omitted in violation of a public law forbidding and commanding it.
Criminal Law - Is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

Culpa (Fault) – Means that the wrongful act resulted from either imprudence, negligence, lack of foresight or lack of skill.

Cultivate - Means the act of knowingly planting growing, raising or permitting the plating.

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Death under Exceptional Circumstances – Punished by destierro, it may be committed by any legally married person who having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious
physical injury. Under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living
with their parents.

Deceit or Dolo – Means that’s the act is done with deliberate intent.

Defamation – It refers to a “public and malicious imputation” of a crime

Deformity – Refers to visible and conspicuous physical ugliness, permanent and definite abnormality.

Degree of Penalty - A degree is one entire penalty, one whole penalty or one unit of the penalties enumerated in graduated scales provided for in graduated scales.

Detention – Refers to the act of confinement or restraint upon persons.

Direct Bribery – Committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in
consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.

Discernment - Means that mental capacity of a minor between nine and fifteen years of age to fully appreciate or be aware of the consequences of his unlawful act.
Discharge of Firearms – The felony committed by any person with no intent to kill or injure shall shoot at another with any firearm.
Discretion – Liberty of deciding as on thinks fit within certain parameters or limits.

Disguised - Resorting to any devices to conceal identity

Disloyalty of a Public Officer of Employee – A felony committed by public officers or employees who have failed to resist a rebellion by all the means in their power,
or those who shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.
Direct Assault – Refers to a felony done by employing force or intimidation, or shall attack, seriously intimidate or resist any person in authority or his agents while
engaged in the performance of official duty.

Direct Bribery – An offense committed by any public officer who shall agree to perform in connection with his official duties, in consideration of any offer, promise, gift
or present received by him or through mediation of another.

Document - Any written statement by which right is established or an obligation is extinguished.

Dolo – Pertains to malice.

Duel – A regular or formal combat previously concerted between two parties in the presence of two or more persons by previous agreement as a result of a quarrel.

Dwelling - Refers to any structure or building exclusively devoted for rest and comfort.

Encumbrance - Include every right or interest in the land

English Rule – Crimes are triable in that country, unless they merely affect things within the vessel or they pertain to the internal management thereof.

Entrapment – Refers to ways and means to trap and capture a law breaker while executing his criminal plan.

Espionage – Offense of gathering, losing or transmitting information respecting the national defense with reason or intent to believe that the information is to be used
to the injury of the Republic of the Philippines. It is punishable by the penalty of Prision Correccional.

Euthanasia - Commonly known as “mercy killing” is the practice of painless putting to death another person who suffers from an incurable disease.

Evident Premeditation - Is that execution of the criminal act which is proceeded by cool thought and reflection upon the resolution to carry out the criminal intent.

Exemplarity - The criminal is punished to serve as an example to defer others from committing crimes

Exempting Circumstances - Refers to those grounds for exemption from punishment because there is wanting in the agent of the crime of any conditions which make
the act negligent or voluntary.

Ex-Post Facto Law - A legislative act which changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; aggravates
a crime than it was when committed and makes criminal an act done before the passage of the law and was innocent when done, and punishes such an act.

Expulsion – Committed by any public officer or employee who not being thereunto authorized by law shall banish or force out any person from the Philippine Islands
or shall compel such person to change his residence.
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 say something contrary to it or denies the truth.

Felonies - Acts or omissions punishable by the Revised Penal Code.

Fence - Includes any person, firm, association, corporation or partnership or other organization who which commits the act of fencing.

Fencing - Is an act of any person who with intent to gain for himself or for another , shall buy, receive, possess, conceal, sell or dispose of any article, object or anything
of value which he knows, or should be known to him to have been derived from the proceeds of the crime of theft or robbery.

Fictitious Names – Refers to any other name which a person publicly applies to himself without authority of law.

Final Judgment - Judgment beyond the call; as long as a judgment has not become executory it cannot be truthfully said that the defendant is definitely guilty. In
Philippine jurisdiction, there is final judgment when after the lapse of the 15 days reglamentary period upon receipt of the decision of a lower court, the convicted party
did not file an appeal or a motion for new trial; or when a case on appeal has been decided with finality by the supreme court.

Flight to Enemy’s Country – A felony committed by any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited
by competent authority.

Forcible Abduction – Refers to the abduction of any a woman against her will and with lewd design.

Formal Crimes – Are those unlawful acts which are consummated in one instant, and there is no attempted stage.

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Fraud – Intentional perversion of truth, for the purpose of inducing another in reliance upon it to surrender a legal right or to part off some valuable thing.

French Rule - Crimes are not triable in the courts of the country, unless their commission affects the security of the territory, peace or safety of the state is endangered.

Frustrated Felony – Stage in crime development when the offender perform all the acts of execution which would produce the felony as a consequences but which
nevertheless do not produce it by reason of causes of independent of the will of the perpetrator.

Generality – Characteristic of criminal law which asserts that penal law is binding on all persons who live and sojourn in a specific territory.

Generic Aggravating Circumstances - Refers to those situations that generally apply to all crimes such as dwelling, recidivism or nighttime.
Grave Coercion – Refers to the unlawful act of any person who, without legal authority, by means of violence, intimidation or threat prevents another from doing
something not prohibited by law or compel him to do something against his will whether wrong or right.

Grave Felonies - Are those to which the law attaches the capital punishment or penalties, which of their periods are afflictive in nature.

Grave Scandal – It consists of public acts which are offensive to good customs and decency, which gives rise to public scandals to persons who have accidentally
witnessed the same.

Grave Threat – Refers to the act of any person who shall threaten another with the infliction upon honor, person or property of the latter or of his family of any wrong
amounting to a crime.
Guilt – An element of responsibility which refers to the disposition to violate the law manifested by some acts already done.

Habitual Delinquent - A person is considered as a habitual delinquent if within a period of ten years from the date of his last release or conviction of the crimes of
serious or less physical injuries, and found guilty of any aforementioned crimes a third time or more.

High Seas – Refers to any waters on the sea coast which are without the boundaries of low watermark. Or the portion of the ocean which is beyond the territorial
jurisdiction of any country.

Hijacking – Term used to denote illegal seizure and diversion of any vehicle.

Homicide – Refers to the unlawful killing of any person, which is neither parricide, murder nor infanticide.

Ideology – A belief system promulgated by a group.

Ignominy - A circumstance pertaining to the moral in order which add disgrace and suffering to the material injury caused by the crime.

Illegal Assembly – Refers to any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code or
any meeting in which the participants are incited to the commission of the crime of treason, rebellion, insurrection, sedition or assault upon a person in authority or his
agents.

Illegal Associations – Refers to associations partially or totally organized for the purpose of committing crimes under the RPC, or some purpose contrary to public
morals.

Illegal Detention – Refers to an act committed by a private individual who unlawfully detains, kidnaps, or otherwise deprives a person of liberty.

Illegal Use of Uniforms or Insignia – Committed by any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not
held by such person or to a class of persons of which he is not a member.

Imbecile – Refers to a person who is completely deprived of discernment or reason and freedom of will at the time of the commission of the crime. This refers to a
person who, while advanced in age has a mental development similar to that of children between two to seven years of age.

Impotent – Refers to one’s inability to copulate.

Imprudence – Indicates deficiency of action or usually involves lack of skill. It consists in the lack of care or precaution displayed in cases in which injury to another or
damage impending to be caused is not clearly manifested.

Imputability - Implies that a deed may be ascribed to a person as its owner or author.

Incest – An abnormal and immoral act which involves intercourse or cohabitation between a man and a woman related to each other within the degree wherein marriage
is prohibited.

Indecent Exposure – Obscene, willful, open and lewdly revealing or divulging any private or sensitive organ in any public place within full view.

Indirect Bribery – Refers to an offense committed by any public officer who accepts gifts offered to him by reason of his office.

Infanticide – The killing of a child less than three days of age.

Inherent Aggravating Circumstances - Refers to those that must of necessity accompany the commission of the crime. E.g. evident premeditation in cases involving
theft, robbery concubinage and adultery.

Instigation – Refers to the act done by public officers or private detectives of persuading the would be defendant into committing the offense and would arrest the latter
upon after the commission of the crime.

Insurreccion – Refers to a movement which seeks merely to affect some change of minor importance, or to prevent the exercise of a governmental authority.

Intent - Refers to the purpose to use a particular means to effect such consequences.
Interruption of Religious Worship – A felony committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion

Judgment – Refers to the final disposition and determination of the court upon matters submitted to it, in an action or proceeding.

Justifying Circumstances – Refers to those situations where the act of a person is said to be in accordance with law so that such person is regarded not to have
transgressed the law and is free from both criminal and civil liability, except in state of necessity where the civil liability shall be borne by the person who benefited by
the act.

Less Grave Felonies - Are those which the law punishes with penalties which in their maximum period are correctional, such as Prision Correccional and Arresto
Mayor.

Levies War – It requires that there must be an actual assembly of man for the purpose of executing a treason design by force.
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Libel – Refers to the public and malicious imputation of a vice, crime or defect which tends to dishonor, discredit a natural person or blacken the memory of the dead.

Light Coercion – Refers to the unlawful act of any person who by means of violence shall seize anything belonging to his debtor for the purpose of applying the same
to the payment of the debt.

Light 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. Light felonies are
punishable only when they have been consummated, with the exception of those committed against person or property.

Light Threat – Refers to the act of any person who shall intimidate or pressure another with the infliction upon honor, person or property of the latter or of his family of
any wrong not constituting a crime.

Mala In Se - A wrongful and inherently immoral act from their nature generally defined and penalized by the Revised Penal Code.

Mala Prohibita - Refers commonly to acts made criminal by virtue of special laws.
Malfeasance – Refers to the performance of some acts which ought not to be done.

Malice – Refers to the intention to do an injury to another.

Malicious Mischief – Refers to the willful damaging of another’s property for the purpose of causing damage due to revenge, hate or other evil motive.

Maltreatment of Prisoners – Crime charged against any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention
prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.

Malversation – Applied to all offenses committed in the exercise of the performance of duty such as embezzlement, larceny, and corruption.

Maritime Zone – The three (3) mile limit beyond our shore measured at low tide.

Mens Rea – Legal term which shows criminal intent on the part of the offender. (Guilty mind)

Minor Coins - Refers to coins below ten centavo denomination.

Misfeasance – Refers to the improper performance of some act which might lawfully be done.

Misprision of Treason – Refers to the concealment of a person owing allegiance to a country knowledge regarding conspiracy to commit treason.

Mistake of Facts – Refers to the misapprehension of detail and reality on the part of the person who caused the injury to another. It makes the person not criminally
liable by reason of the absence of criminal intent.

Mitigating Circumstances - Are those which if present in the commission of the crime, do not entirely free the actor from criminal liability but serve only to reduce the
penalty. It is based on the diminution of either freedom, intelligence or intent or on the lesser perversity of the offender.

Motive - Is the moving power which implies one to action for a definite result.

Murder – Refers to the unlawful killing of any person which is not parricide, homicide or infanticide providing that any of the attendant circumstances is present: 1. With
treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford
impunity; 2. In consideration of a price, reward, or promise; 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any
of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity; 5. With
evident premeditation; 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Mutilation – Refers to the act of lopping or the clipping off of some parts of the body.

Mutiny – Refers to the unlawful resistance to a superior officer, or raising of commotion or disturbance on board a ship against the authority of the commander.

Negligence - This usually involves lack of foresight. Failure to observe proper attention and the use of due diligence in anticipating the injury or damage impending to
be caused.

Neutrality – Refers to a nation or power which takes no part in a content of arms between others.

Nonfeasance – Refers to the omission of some act which ought to be performed.

Oath - Any form of attestation by which a person signifies that is bound in conscience to perform an act truthfully or faithfully.

Of Age – To be of “full age” as one reaches his majority age.

Offending the Religious Feelings – A felony committed by anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony
shall perform acts notoriously offensive to the feelings of the faithful.

Omission - It refers to the failure to perform a positive duty which one is bound to do, otherwise known as inaction.
Open Disobedience – Committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made
within the scope of the jurisdiction of the latter and issued with all the legal formalities.

Outcry – Refers to the act of shouting subversive or provocative words tending to stir up the people to obtain by means of violence or force any of the objects of sedition
or rebellion.

Overt Act - An overt act is some “physical activity or deed” indicating the intention to commit a particular crime, it is more than a mere planning or preparation.

Parricide – Refers to the unlawful killing of a father, mother or child. Punished by the penalty of reclusion perpetua to death under the Revised Penal Code.

Penalty - Is the suffering that is afflicted by the state for the transgression of a law

Period – Refers to one of the three equal portions, called minimum, medium and maximum of a divisible penalty.

Perjury – Refers to the voluntary assertion as to a matter of fact, belief, opinion or knowledge made under oath as part of the evidence given in open court or in the
form of affidavit that statements uttered, which are material to the issue in inquiry is known to a witness to be untrue, false and made under pretense.

Person in Authority – A person directly vested with jurisdiction.

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Philippine Archipelago – This include all the islands that comprises the Philippines.

Physical Injury – Bodily hurt or harm inflicted to another by means of wounding, beating or assault.

Piracy – Refers to robbery or forcible depredation on the high seas without lawful authority and done with animo furandi. Punishable by a penalty of reclusion perpetua.
Piracy is committed by any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers.

Prescription of Crimes - Is the forfeiture or loss of the right of the state to prosecute the offender after a lapse of a certain time. Crimes punishable by death, reclusion
perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a
correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other
similar offenses shall prescribe in one year. The crime of oral defamation and slander by deed shall prescribe in six months. Light offenses prescribe in two months.

The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted
or acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

Prescription of the Penalty – Refers to the forfeiture or loss of the right of the state to execute the final sentence after the lapse of a certain time.

Principals – Refers to a person who is present at and participated in the crime charged or who induces an innocent agent to commit the crime.

Principal by Direct Participation – Those who take direct part in the execution of the criminal act.

Principal by Indispensable Cooperation - Refers to those who cooperate in the commission of the offense by another act without which it would not have been
accomplished.

Principal by Inducement – Refers to those who directly induces or forces others to commit a crime.

Probable Cause – Refers to reasons, supported by circumstances and facts as will warrant a cautious man in the belief that his action and the means taken prosecuting
it are legally just and proper.

Prolonging Performance of duties and Powers – Felony committed by any public officer, who shall continue to exercise the duties and powers of his office,
employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case

Proposal - Refers to the act of a person who has decided to commit a felony proposes its execution to some other person or persons.

Prospective – No person can be punished for his act which at the time he did is not yet punishable by law.

Provocation - It refers to any unjust or improper conduct or act of the offended party, capable of irritating, exciting and inciting any person.

Proximate Cause – Refers to natural, unbroken consequence by any efficient intervening cause, which produces the injury, and without which the result would not
have occurred.

Public Authority - Sometimes referred to as a person in authority is a public officer who is directly vested with jurisdiction that is, a public officer who has the power to
govern and execute the laws.

Quasi Recidivism - Any person who shall commit a felony after having been convicted by final judgment, while serving his sentence shall be punished by the maximum
penalty prescribed by law for the new felony.

Qualified Seduction – Refers to the seduction of a virgin over twelve under eighteen years of age, committed by any person entrusted with the custody, education of
the woman seduced or any person in public authority.

Qualifying Aggravating Circumstance – Refers to those situation that changes the nature of the crime.

Rank - Refers to a high social position or standing as a grade in the armed forces, or to a graded official standing or social position or station.

Rape – Refers to an unlawful sexual intercourse without the consent of the other. Or an unlawful carnal knowledge of a woman by a man forcibly and against her will.

Rebellion – A felony which involves rising publicly and taking arms to overthrow and supercede the existing government. For the purpose of removing from the allegiance
to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive
or the Legislature, wholly or partially, of any of their powers or prerogatives.

Recidivist - Is one who at the time of his trial for one crime, shall have been convicted by final judgment of another crime embraced in the same title of the Revised
Penal Code.

Reformation - The object of punishment in criminal cases is to correct and reform the offender.

Refusal of Assistance – A felony attributed to a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration
of justice or other public service

Refusal to Discharge Elective Office – A criminal offense charge to any person who, having been elected by popular election to a public office shall refuse without
legal motive to be sworn in or to discharge the duties of said office.

Reparation - Replacement or repair of an object or any valuable item damaged in the commission of the crime. The court shall determine the amount of damage, taking
into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party and reparation shall be made accordingly.

Responsibility - Implies that the person must take the consequences of such deed or the obligation of suffering the consequences of crime.

Restitution – Refers to payment or restoration as a condition of sentence the thing or property which was affected by the commission of the crime. The restitution of
the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. The thing itself shall be restored,
even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be
liable to him.

Robbery – Taking of personal property belonging to another, with intent to gain, by means of intimidation of any person, violence against, or using force upon things.

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Scurrilous – Vulgar, low, foul or mean.

Search - Means to go over or look through for the purpose of finding something.

Sedition – Refers to raising of commotions and disturbance in the state. The crime of sedition is committed by persons who rise publicly and tumultuously in order to
attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. To prevent the promulgation or execution of any law or the
holding of any popular election; 2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its
or his functions, or prevent the execution of any administrative order; 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 5. To despoil, for any political or social end, any
person, municipality or province, or the National Government

Seduction – Refers to the act of inciting a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force.

Seize – Refers to the act of placing in the control of someone a thing to give him the possession thereof.

Service Mark – A symbol used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes
without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising.

Simple Seduction – Refers to the seduction of a single, widow or woman of good repute, over twelve years of age but under eighteen by means of deceit.

Slander by Deed – Refers to an offense against honor which is committed by performing any act which causes discredit, dishonor or contempt upon persons.

Slavery – Civil relation in which one man has absolute power over the life, fortune, and liberty of another.

Somnabulism - Sleep walking.

Specific Aggravating Circumstances – Refers to those conditions that only apply to a particular crime.

Subsidiary Penalty - Personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each it pesos.

Sufficient Provocation - Threat on the part of the offended party immediately preceded the act which should be proportionate to the act of aggression and adequate
to stir the aggressor to its commission.

Suicide – Deliberate termination or destruction of one’s own life.

Swindling – Refers to the acquisition of personal property, or instrument of writing conveying or securing a valuable right by means of false pretense or devise or any
fraudulent representation with intent to impair the rights of others.

Territoriality – A characteristic of penal law which asserts that criminal law as a rule is enforceable within a sovereign state’s territory.

Theft - It is an unlawful act of any person who takes personal property belonging to another, without the owner’s consent, with intent to gain but without force, violence
or intimidation.

Tort – Refers to an injury or civil wrong which includes breach of contract, actions of bad faith for which the court provides remedies in the form of an action for damages.

Trade Name – Designation or name distinguishing or identifying an enterprise.

Treachery - Willful and deliberate betrayal of trust or confidence. Or taking advantage of superior strength with the aid of armed men, or means to weaken the defense
or of means of persons to insure or afford impunity. There is treachery when the offender commits any of the crimes against person, employing means, methods or
forms in the execution thereof which tend directly and specially to insure its execution.

Treason – Refers to a breach of allegiance to a government, committed by persons not being a foreigner, who owes allegiance to it. It may be committed by one who
levies war against them or adheres to their enemies, giving them aid or comfort. In the Philippines Treason is punishable by Reclusion Perpetua to death or a fine not
exceeding 100,000 Pesos. No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the
accused in open court.

Tumults – An act done by any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances,
functions or gatherings, or peaceful meetings.

Tumultuous Affray – Refers to the interruption or disturbance committed by more than three armed persons and provided with means of violence.

Unfair Competition – It consists of employing deception or any other means contrary to good faith by which any person shall pass off goods or services for those of
the one having established goodwill or committing any acts calculated to provide such result.

Uninhabited Place - Is an area where there are no house at all, or a place at a considerable distance from town.

Unlawful Arrest – Refers to a crime committed by any person who without reasonable ground arrests or detains another for the purpose of delivering him to proper
authorities.

Unlawful Aggression – Equivalent to threatened assault or assault of an imminent and immediate kind.

Usurpation of Authority – The act of any person who knowingly and falsely represent himself to be officer or agent, or representative of any department or agency of
government, who shall under pretense perform any act pertaining to a person in authority, without lawfully entitled to do so.

Vagrancy – Refers to the unlawful act of going about from place to place by a person without visible means of subsistence or support though able to work but refuses
to do so and lives on the charity of others and without labor.

Violation of Domicile – An offense involving any public officer or employee who not being authorized by judicial order, enters the dwelling against the will of the owner
and search papers and other effects found therein, punishable by a penalty of prision correccional.

Violation of Neutrality – An offense by one who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent
authority for the purpose of enforcing neutrality.

Violation of Parliamentary Immunity – A felony committed by any person who shall use force, intimidation, threats, or fraud to prevent any member of the Congress
of the Philippines from attending the meetings of the Congress or of any of its committees or subcommittees, constitutional commissions or committees or divisions
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thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while
the Congress is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under the Revised
Penal Code by a penalty higher than prision mayor.

Virginity - Virtuous woman of a good reputation

White Slave Trade – Crime committed by any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist
the services of any other for the purpose of prostitution.

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CRIMINAL PROCEDURE

Accusatorial System – Process wherein the prosecution of the offense is conducted at the initiative of the prosecutor or the offended party.

Accused – Generic name for a defendant in criminal cases.

Acquittal – Refers to discharge, release or absolution from an obligation, liability or engagement.

Admission – Voluntary concessions or acknowledgement executed by a party of the existence of truth of certain facts.

Affiant – Refers to a person who makes or subscribes an affidavit.

Affidavit – Printed or written statement or declaration of facts voluntarily made and confirmed by the oath or affirmation by the party signing it, executed before competent
authority to administer such oath.

Amendment – To alter or change by modification, deletion or addition. It also refers to the correction of an error committed in any process, pleading or proceeding.

Appeal - Remedy to a superior court to review the decision of the lower court or any administrative agency.

Appellant – Refers to the party who takes an appeal from one court or jurisdiction to another.

Appellate Court – Intermediate appellate courts that has the authority to review cases decided by the lower courts.

Arraignment – Refers to the stage where the issues are combined in criminal action. It is the stage where the accused is formally informed of the charges against him
done in open court and asking him whether he pleads guilty or not guilty.

Arrest – The taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Backing a Warrant – Act of a judge in indorsing a warrant issued by a judge in another jurisdiction thereby allowing its execution within his jurisdiction.
Bad Faith – A breach of a known duty through some ill will, motive or interest.

Badges of Fraud – Test to show that a conveyance is in fraud of creditors such secrecy in the transaction or grantor never gave-up possession.

Bad Law – A law that is ambiguous and deficient which makes cases hard.

Bail – It is the security given for the temporary release of a person in the custody of the law. This may be in the form of corporate surety, property bond, cash deposit
or recognizance.

Ban - Public proclamation for certain purpose to proclaim, outlaw or prohibit certain acts.

Bar – A general term to denote the entire body of lawyers, counselor, attorneys or the entire members of the legal profession authorized to practice law within a particular
jurisdiction.

Barratry – Crime committed by judges who receives a bribe.

Bench – Refers to a seat of tribunal or judgment for the administration of justice. This term is used to denote the court or the whole body of judges.

Bench Warrant – An order issued by the court for the arrest of a person guilty of contempt, as well as one guilty of a crime or when the accused failed to appear for
trial or reading of sentence.

Bond – Certificate or evidence of a debt of which the issuing company promises to pay the bond holders a specific amount of interest for a length of time and to repay
the loan on the expiration date.

Brief – A concise and brief statement in writing of the law and the authorities relied upon in trying a case.

Capital Offense – Refers to an offense which, under the law existing at the time of the commission and of the application for admission to bail may be punished by
death.

Certiorari – A writ issued by a judge requiring a lower court to produce certified records of a particular case tried therein.

Complaint – A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the
enforcement of the law violated.

Conviction – The result of a criminal trial which ends in a judgment that the accused is guilty as charged. Or the formal judicial determination of a case finding of guilt
or the acceptance of a plea of guilty on the part of the person accused in a charge.

Counsel De Officio – A court appointed lawyer tasked to defend destitute litigants in a criminal proceeding.

Court – An organ of government belonging to the judicial department officially assembled under authority of law at the appropriate time and place for the administration
of justice through which the state enforce its sovereign rights and powers.

Court En Banc – A meeting of all judges of the court usually for purposes of hearing arguments, demurrers, motion for new trial and reviews.

Court of General Jurisdiction – Refers to a court with unlimited trial jurisdiction both civil and criminal, but its judgment is subject to review by appellate courts.

Court of Limited Jurisdiction – Court in which it only assumes jurisdiction on certain types of matters, such as juvenile court, family courts.

Court of Original Jurisdiction – Refers to courts where action is heard and initiated in first instance.

Criminal Procedure – Defined as that method stipulated by law for the apprehension and prosecution of a person who is alleged to have transgressed the law or
committed a crime.

Cross Examination – The examination of a witness by the party opposed to the one who produced him, upon his evidence given in chief to test its truth to further
develop it or for other purposes.

Custody – Refers to the control and care of a person or thing.

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Damages – A pecuniary compensation which may be recovered in the court by any person who has suffered loss, injury or detriment, whether to his property, person
or rights, as a result of unlawful acts or omission or negligence of another.

Defendant – Refers to a person denying the party against whom relief or recovery is sought in an action or suit. (The accused in a criminal case)

Demurrer - Allegation made by the defendant, admitting the matters of facts alleged by the complaint to be true but shows that they are insufficient for the plaintiff to
oblige the defendant to answer.

Direct Examination – Refers to the first interrogation of a witness on the merits by the party in whose behalf he is called.

Double Jeopardy – Guarantee which is enforceable against the state, protecting persons against second prosecution for the same offense after conviction or acquittal
and against multiple penalty for the same offense.

Due Process – Embraces both procedural and substantive due process. By procedural it simply means a law which hears before it condemns, which proceeds upon
inquiry and renders judgment only after trial. Substantive due process is responsiveness to the supremacy of reason and obedience to the will of justice.

Estoppel – The party is barred by his own act from claiming a right to detriment or cause loss or harm another who was entitled to rely on such conduct and acted
appropriately.

Evasion of Service of Sentence – An offense committed by any convict who shall evade service of his sentence by escaping during the term of his imprisonment by
reason of final judgment.

Fiscal – Refers to a prosecutor. The person authorized to conduct preliminary investigations to determine probable cause for the filing of the information or charge to
the court for a criminal offense. He then represents the state in the trial of the case, where his primary role is to establish the quantum of evidence or proof beyond
reasonable doubt that the person charge with the commission of an offense is guilty.

Gag Order – A term which refers to an order of the court directed to counsel, litigants and witnesses not to discuss matters pertaining the case to reporters to assure a
fair trial.

Grounds – A basic foundation or points relied on for bringing action.

Habeas Corpus – The primary function of this writ is to release a detained person from unlawful imprisonment and bring the said party before the court or judge.

Improvident Plea – Refers to a claim without proper information as to the circumstances affecting it.

Indigent – A person who has no visible means of income or whose income is insufficient for the subsistence of his family. In general one who is needy or poor, with no
property nor support from others.

Indorser – Refers to a person who signs his name on the back of a negotiable instrument as the payee to obtain the credit or cash represented on its face.

Information – Is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

Injunction – Refers to a court order, prohibiting someone from doing certain acts or commanding someone to undo a wrong or injury.

Inquisitorial System – Characterized by the secrecy of investigation, the denial of the right to confrontation and the right to counsel of the accused

Interlocutory Order –Refers to temporary order pending the final determination or final judgment of the court.

Judgment – Refers to the adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the penalty and civil liability
provided for by law on the accused in cases of a guilty verdict. If the judgment is of conviction, it shall state (1) the legal qualification of the offense constituted by the
acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the participation of the accused in the offense,
whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the accused; and (4) the civil liability or damages caused by his wrongful act
or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been
reserved or waived.

In case the judgment is of acquittal, it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his
guilt beyond reasonable doubt. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist.

Jurisdiction – Refers to the authority of the court to hear and determine a cause or case.

Jury – A body of persons selected temporarily according to law, sworn and vested with the power to present or indict a person for a public offense.

Justice – Refers to proper administration of law. The constant and perpetual disposition of disputes and legal matters to render everyman his due.

Knowledge – Refers to the acquaintance with a certain fact or truth.

Litigant – Refers to a party to a law suit or one engaged in litigation or judicial contest.

Mandamus – A writ to denote an issued order from a court of superior jurisdiction directed to an inferior court, any private or municipal corporation or any of their officers
commanding the performance of a particular act therein stated.

Mixed System – Combination of inquisitorial and accusatorial systems.

Moral Turpitude – Act of baseness, vileness or the depravity in private and social duties and responsibilities which man owes to others or to society in general.

Motion for New Trial – Refers to a request that the judge sets aside the verdict and order a new trial.

Motion to Quash – A move to set aside or annulment made by the accused of a criminal complaint charged against him, executed at any time before arraignment.

Name – Designation of an individual or person, whether natural of juridical.

Original Jurisdiction – Exclusive power vested to a specific court to hear and decide a controversy.

Plaintiff – Refers to a person who brings an action or the party who complains in a civil action.

Plea – The defendant’s answer to a criminal charge, whether guilty or not guilty.

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Plea Bargaining – Is the procedure whereby the accused, the plaintiff and the prosecution work out mutually satisfactory disposition of the case which is subject to the
approval of the court.

Preliminary Investigation – It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should be held for trial. The following may conduct preliminary investigations: (a) Provincial or City
Prosecutors and their assistants; (b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; (c) National and Regional State Prosecutors; and (d) Other
officers as may be authorized by law. Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective
territorial jurisdictions.

Prescription – Preemptory and perpetual bar to actions personal or real when the offended party has been silent for a sufficient lapse of time without urging his claim.

Pre-Trial – Procedural device used prior to trial for the purpose of narrowing issues to be tried and secure stipulations as to matters of evidence to be heard.

Pre-Trial Agreement – Refers to agreements or admissions made or entered during the pre-trial conference which is reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused and shall be approved by the court.

Privy – Refers to one who is a partaker or any interest or part in any matter, action or thing.

Probable Cause – Refers to those circumstances which would lead a reasonably prudent man to belief in the guilt of the arrested party.

Procedure – Refers to means and methods in which jurisdiction are exercised.

Prohibition – Refers to interdiction or inhibition or a means of restraint issued by a higher or superior court to a lower court or inferior court or any quasi-judicial bodies
in matters of which it has cognizance from exceeding its jurisdiction or to prevent usurpation of judicial power or its function.

Proof – Refers the establishment of fact be means of evidence.

Prosecutor – Refers to the person authorized by law who takes legal action or indicts another for a crime in the name of the government.

Quash – A term which denotes actions to annul, overthrow, make void or abate.

Quasi – A term used to indicate that one subject resembles another, in some characteristics but there are intrinsic material differences between them.

Quo-rum – Refers to the number of members required to be present in a deliberate body before any business may be transacted.

Quo-Warranto – An order designed or intended to test whether a person exercising power is legally entitled to do so.

Recognizance – An obligation entered into before a court, whereby the recognizor acknowledges that he will do some act required by law which is stipulated therein.

Re-Cross Examination – Test of a witness by a cross examiner, subsequent to a re direct examination.

Re-Direct Examination – Examination of a witness by the direct examiner subsequent to the cross examination of the witness.

Remedy – Refers to the means of which a right is enforced or the violation of a right is prevented, redressed or compensated.

Resolution – Refers to the adoption of a motion or the formal expression of the will of an official body undertaken by a vote.
Respondent – In civil law refers to a person who answers the charge.

Restitution – A remedy which is equitable in which the victim is restored to his or her original position prior to loss or injury sustained as a result of the commission of
the crime.

Restraining Order – A writ issued by the court in the nature of an injunction forbidding a person from doing an act until a hearing on the application can be undertaken.

Restraint – Means confinement, limitation, abridgement, or prohibition of action.

Search – Seeking out or looking for something concealed.

Search Warrant – Refers to 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 described therein and bring it before the court.

Seize – To put in legal possession.

Self-Incrimination – Refers to declarations or acts given at a testimony at trial or prior to trial by which a person giving the declaration implicates himself in the crime.

Solicitor General – Refers to a person who represents the government in suit and appeals in the Supreme Court and as well in appellate courts in cases involving the
interest of the country.

Subpoena – A writ of court commanding the recipient to appear at a certain time and place to give testimony upon a certain matter.

Subrogee - One who succeeds to the rights of another.

Subscribe – To write or sign at the end of the document.

Trial – Refers to the judicial determination and examination of the issues included or alleged in an action or proceeding, criminal or civil.

Venue – Refers to the place where an action is to be tried or instituted. Or the geographical and territorial division in which the power of the court in hearing cases may
be exercised.

X – A cross mark used in place of a signature by a person who is unable to affix his or her own signature by reason of illiteracy.

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CRIMINAL EVIDENCE

Admissible – Proper and pertinent to be considered in reaching a decision.

Admission – Refers to a voluntary acceptance or acknowledgment made by a person or party of the existence of facts. Or the act omission or declaration of a party as
to a relevant fact.

Adoption – Refers to legal process in which a child’s legal right and duties toward his natural parents are terminated and similar rights and duties towards his adoptive
parents are substituted.

Adversarial Process - A system of determining guilt in which the state must prove its case against a defendant who is defended by an advocate.

Alibi – Refers to a defense that places the defendant at the relevant time of crime in a different place than the scene or location involved.

Ante Mortem Declaration – Statement made under the belief of impending death.

Antigraphy – A copy of a document.

Apograph – A copy of a written instrument.

Artificial Person – An entity created by law, and which is given certain attributes of a natural person.

Assault – Refers to a violent physical attack directed against another person.

Authenticity – True or genuine.

Best Evidence Rule – That which results in the greatest certainty of the fact in question.

Burden of Evidence – That logical necessity which rests on a party at any particular time during a trial to create a prima facie case in his own favor or to overthrow one
created against him.

Burden of Proof – Known as “owes probandi”, which refers to the obligation imposed upon a party who alleges the existence of a fact or thing necessary in the
prosecution or defense of an action to establish it by evidence.
Circumstantial Evidence – Evidence which without going directly to prove the existence of a fact give rise to a logical inference that such fact does exist.

Collateral Facts – Defined as those that are not directly connected or outside the controversy or issue in dispute as indicated in the pleadings of the litigants.

Common Reputation – An exemption to the hearsay rule used to prove marriage, good or bad character of a person or facts of general or public interest that are more
than 30 years old.

Competency of Witness – Refers to the legal fitness or ability of a witness to be heard on trial of a cause.

Competent Evidence – Evidence which is not excluded by law in a particular case.

Compound Question – It contains two or more queries which are usually connected by the conjunctions “or” and “and.”

Compromise – An agreement made by two or one parties as a settlement of matters in dispute.

Conclusive Evidence – Refers to those evidences presented in court which cannot be rebutted.

Conclusive Presumptions – Are those inferences which the law makes so preemptory that it will allow them to be overturned by any contrary proof however strong.

Confession – A voluntary statement made by a person charged with an offense or misdemeanor communicated to another person wherein he acknowledges himself
to be guilty of the crime charged and discloses the circumstances of the act and participation he had in it.

Corpus Delicti – Refers to the substance or body of the crime; but as applied to a particular offense it would mean the actual commission by someone of the particular
crime charged.

Corroborative Evidence – Additional evidence of a different kind tending to establish the same fact.

Counsel – To give advice.

Craft – Is cunning of intellectual trickery resorted to by the accused to carry out his evil design.

Cruelty – The intentional and malicious infliction of physical or mental suffering upon living creatures.

Cumulative Evidence – Additional proof of the same kind tending to prove the same fact.

Declaration – Is a firm, forceful statement which is often an official and formal statement.

Defendant – A person who has been accused of a crime in a court of law.

Direct Evidence – Refers to those which prove the disputed facts which resorts to inferences or presumptions.

Discernment – The mental capacity to distinguish what is right and wrong and realizes the consequences of one’s unlawful acts.

Disputable Presumptions – Are deductions which arise and continue until they are overcome by other evidence or by some stronger presumptions.

Documentary Evidence – Consists of writing, or any material containing letters, words, numbers, figures, symbols, or other expressions offered as proof of their
contents.

Doctrine – Refers to a set of belief or principles held by a group.

Duress – Refers to an unlawful threat to induce another to act in a manner he or she would not.

Dwelling – Refers to the house or a structure in which a person lives.

Dying Declaration – Refers to that statement made by a person conscious that he/she is at the point of death.

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Entrapment - Refers to the act of an agent of government in inducing a person to commit a crime not contemplated by him for the purpose of instituting a criminal
prosecution against him.

Estoppel – Is a bar which precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law been established as the truth
either by the facts of judicial or legislative officers, or by his own deed or representation, expressed or implied.

Evidence - Is the means sanctioned by law, of ascertaining in judicial proceedings the truth respecting a matter of fact.

Exclusionary Rule - Is the inadmissibility of any evidence illegally obtained and secured in wanton violation of the constitutional rights of the witness or accused.

Experiment – A test which is meant to establish facts.

Expert Evidence – Those given by a person of specialized knowledge in some particular field. It refers to the testimony given by one possessing in regard to the subject
matter, knowledge not usually acquired by other persons.

Expert Witness – One who by reason of experience or education possesses superior knowledge respecting a subject about which person having no participation or
deducing correct conclusions. Hence, a witness is deemed an expert due to his special skill, knowledge and experience in some field of science, profession, calling, art
or trade. His special study, education, work and experience in the particular field he is going to testify on have to be manifested or shown in court.

Fraud – An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal
right.

General Questions – This type of query invites a witness to give his perception, observation, guess of an incident, this is objectionable since it confuses the issues at
hand.

Guilty Plea - Statement by defendants: usually at arraignment, which relieves the state of providing its case.

Harassment - Is a course of conduct directed at specific person that causes substantial emotional distress in such person and serves no legal and legitimate purpose.

Hearsay - Term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others had told him or what he has heard
has been said by others.

Hypothetical Question – This type of query is objectionable in cases involving ordinary witnesses because it calls for an opinion on the part of the witness rendering
the reply of no probative value or weight.

Immaterial - In strictness it signifies that evidence offered is not material, essential or necessary to the issue.

Inadmissible – It signifies that the offered evidence is excluded by some rule of evidence.

Indecent - Something, that is shocking or rude, usually because it concerns nakedness or sexes.

Inducement – An incentive offered to encourage a person to do act something.

Incompetent – Refers to those evidences whose admission in court is prohibited by law.

Incompetent Witness - In strictness, signifies that an offered witness is not qualified under the rules of testimonial evidence.

Insanity - A manifestation in language of conduct of disease or defect of the brain, or more or less permanent disease or disordered condition n of the mentality, or
disordered function of the sensory or of the intellective faculties, or impaired or disorder volition.

Instigation – Refers to the act by which one incites another to do something as to commit some crime.

Irrelevant Evidence - In, stricture that the offered piece of evidence has no probative value. They do not shed any light pertaining to the case, no have any logical
connection and are too remote in substance and time to the matter in issue.

Judicial Admission – Consist of statements made by parties in the course of judicial proceeding.

Judicial Notice – Refers to the cognizance of a certain facts by the courts without proof because they are facts, which, by common experience, are of universal
knowledge among intelligent persons within a country of community.

Judicial Record – The documentation, official entry, or files of a proceeding in a court of justice or of that of a judicial act of an officer in an action suit or proceedings.

Jurisprudence - Philosophy of law or the science which treats of the principles of positive and legal relations.

Leading Question – Are those that suggest to the witness the answer which the examining party desires. It prompts or urges the witness to give the answer the
examiner wants to hear, it is objectionable due to the fact that it influences the witness by trying to put words into his mouth.

Liberty - Is the freedom to choose how you want to live, without government restrictions.

Material Evidence – Competent or admissible evidence which is allowed to introduce since it is not excluded by any rule of pleading, evidence or substantive law.

Misleading Question – Refers to an objectionable question which does not only suggest answers but worst; it recommends an untruthful or wrong reply.

Narrative Question – This objectionable question calls a witness to a continuous recitation from beginning to end. It is objectionable since it may deprive the other
litigant to make timely objections in cases of inadmissible testimony uttered by the witness.

Negative Evidence – That given by a witness who states that he does not know whether a fact did or did not occur.

Object Evidence – Refers to those proofs of facts addressed to the senses of the court.

Ordinance – A term used to designate the enactment of a legislative body of a municipal corporation.

Parental or Filial Privilege - No person may be compelled to testify against his parents or other direct ascendants, children or other direct descendants.

Parole Evidence Rule – Forbids any additional to or contradiction of the terms of a written instrument by testimony purporting to show that, at or before the signing of
the document, other or different terms were orally agreed upon by the parties.

Pedigree – Refers to the history of family descent which is transmitted from one generation to another by both oral and written declaration and by tradition.

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Physician - A person authorized to practice medicine, surgery, or obstetrics.

Plaintiff - In a court case, is the person who has brought the case against another person.

Pleadings – Formal allegations by the parties to a lawsuit establishing their respective claims and defenses.

Positive Evidence – Given by a witness who affirms that a fact did or did not occur.

Preponderance of Evidence – That degree of proof below proof beyond reasonable doubt which when taken in its entirety as adduced by one party is superior to that
of the other.

Presentation – To address or submit to the court.

Presumption – An inference or assumption as to the existence of a fact unknown only by reason of its relation to a fact that is known.

Prima Facie Evidence – Substantiation which is sufficient to prove an issue unless rebutted or overcome by other evidences.

Primary Evidence – Also known as Original Evidence it is the best and highest proof of which the nature of the case so susceptible.

Private Document – Refers to every instrument or deed executed by a private person without the intervention of a notary public or other persons legally authorized by
which documents some dispositions, and agreement is proved, evidenced or set forth.

Privileged Communication – Are matters which are learned in confidence and excluded by the rules on evidence. Usually between: husband and wife, Attorney and
client, priest and penitent, doctor and patient.

Proof – The probative effect of evidence or the establishment of fact by evidence.

Proof Beyond Reasonable Doubt – That degree of evidence which produces in the mind of an unprejudiced person, that moral certainty or conviction that the accused
committed the offense charged.

Public Document – Refers to the written act or record of acts of the sovereign authority, of official tribunals or bodies and public officers, judicial, legislative or executive,
whether of the Philippines or of a foreign country including public records kept in the Philippines of private writing notarized or acknowledged before a notary public.

Publisher - Editor or duly accredited reporter of any newspaper, magazine, or periodical of general circulation who cannot be compelled to reveal the source of any
news report or information.

Real Evidence – Proof of facts which is addressed directly to the senses of the court without the intervention of a witness, as actual sight, hearings, taste, smell, or
touch.

Rebuttal Evidence – Offered to the court to explain, counteract, repel or dispute facts given in evidence by the adverse party.

Relevant Evidence – Refers to a fact which has some connection or relation to what is sought to be proved. Hence, they help induce one to believe that a disputed
fact exists or does not exist. This is always a question to both experience and logic.

Res Gestae – Means things done, and includes the circumstances facts and declarations incidental to the main fact or transaction, necessary to illustrate its character
and also includes acts words and declarations which are closely connected therewith as to constitute a part of the transaction.

Secondary Evidence - Refers to that which shows that better, or primary evidence; exist as to proof of the facts in issue.

Self-Incriminating Question – A question which has an inclination to expose a witness to any kind of punishment or criminal charge.

Spouse – Refers to one’s husband or wife.

Substantial Evidence – Refers to that amount of relevant evidence by which a person with a reasonable mind might accept as adequate to justify conclusion.

Testimonial Evidence – Refers to oral testimony given in open court.

Theory - Is an idea or set of ideas that is meant to explain something

Torture - The act of inflicting great pain to body or mind for purposes of punishment, or to extract an information or confession or for sadistic pleasure.

Trial - Legal process in which a judge or jury decide whether the accused is guilty of a particular crime after listening to all evidences relating to the crime.

Unintelligible Question – Refers to a query that is hard to understand due to the manner it was framed or asked.

Unlawful Entry - Refers to the means of access used when an entrance is affected by a way not intended for the purpose.

Vagrants - Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful
calling. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of
support.

Vague Questions – Refers to those which cannot be specifically answered, they are capable of having double meanings or ambiguous.

Voluntary - Means unconstrained by interference, proceeding from the free will of a person.

Weight of Evidence – The probative value or credit given by the court to particular evidence admitted to prove a fact in issue.

Witness – One who is present and personally sees or perceives a thing, and makes it known to the judicial tribunal by way of testimony.

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