CRIMINAL LAW DEFINITION OF TERMS

1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

2. CRIME- crime is defined as an act committed or omitted in violation of public law forbidding or
commanding it.

3. GENERAL (characteristic of criminal law) - general, in that criminal law is binding on all persons who
live or sojourn in Philippine territory.

4. TERRITORIAL (characteristic of criminal law) - in that criminal law undertakes to punish crimes
committee within Philippine territory.

5. PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act punishable in a
manner in which it was not punishable when committed.

6. FRENCH RULE- such crimes are not triable in courts of that country, unless their commission affects
the peace and security of the territory or the safety of the state is endangered.

7. ENGLISH RULE-such crimes are triable in that country, unless they merely affect things within the
vessel or they refer to the internal management thereof.

8. FELONIES- felonies are acts and omissions punishable by the revised penal code.

9. ACT- any bodily movement tending to produce some effect in the external world.

10. OMISSION- is meant inaction, the failure to perform a positive duty which one is bound to do.

11. MISTAKE OF FACT- is a misapprehension of fact on the part of the person who caused injury to
another.

12. MALA IN SE- wrongful from their nature, those so serious in their effects on society as to call for the
almost unanimous condemnation of its members and defined and penalized by the Revised Penal Code.

13. MALA PROHIBITA- wrong merely because prohibited by statute, are violations of mere rules of
convenience designed to secure a more orderly regulation of the affairs of society. The term mala
prohibita refers generally to acts made criminal by special laws.

14. INTENT- intent is the purpose to use a particular means to effect such result.

15. MOTIVE- motive is the moving power which impels one to action for a definite result.

16. CONSUMMATED FELONY- a felony is consummated when all the elements necessary for its
execution and accomplishment are present.

17. FRUSTRATED FELONY- when the offender performs all the acts of execution which would produce
the felony as a consequence but which nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator.
18. ATTEMPTED FELONY- 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.

19. OVERT ACTS- an overt act is some physical activity or deed, indicating the intention to commit a
particular crime, more than a mere planning or preparation, which if carried to its complete termination
following its natural course, without being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

20. INDETERMINATE OFFENSE- one where purpose of offender in the performing an act is not certain. Its
nature in relation to its objective is ambiguous.

21. CONSPIRACY- conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

22. PROPOSAL- there is a proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.

23. IMPUTABILITY- is the quality by which an act may be ascribed to a person as its author or owner. It
implies that the act committed has been freely and consciously done and may, therefore, be put down
to the doer as his very own.

24. RESPONSIBILITY- is the obligation of suffering the consequences of crime. It is the obligation of
taking the penal and civil consequences of the crime.

25. GUILT- guilt is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty.

26. GRAVE FELONIES- are those to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive.

27. LESS GRAVE FELONIES- are those which the law punishes with penalties which in their maximum
period are correctional.

28. LIGHT FELONIES- are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, is provided.

29. JUSTIFYING CIRCUMSTANCES- are those where the act of a person is said to be in accordance with
law, so that such person is deemed not to have transgressed the law and is free from both criminal and
civil liability.

30. EXEMPTING CICUMSTANCES (non-imputability) - are those grounds for exemption from punishment
because there is wanting in the agent of the crime any of the conditions which make the act voluntary,
or negligent.

31. MITIGATING CIRCUMSTANCES- those which, if present in the commission of the crime, do not
entirely free the actor from criminal liability but only serve to reduce the penalty.

32. AGGRAVATING CIRCUMSTANCES- are those which, if attendant in the commission of the crime,
serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law
for the offense.
33. GENERIC (kind of aggravating circumstances) - those that can generally apply to all crimes.

34. SPECIFIC (kind of aggravating circumstances) - those that apply only to particular crime.

35. QUALIFYING (kind of aggravating circumstances) - those that change the nature of the crime.

36. INHERENT (kind of aggravating circumstances) - those that must of necessity accompany the
commission of the crime.

37. ALTERNATIVE CIRCUMSTANCES- aggravating or mitigating according to the nature and effect of the
crime and other conditions attending its commission.

38. INSTIGATION- public officer or private detective induces an innocent person to commit a crime and
would arrest him upon or after the commission of the crime by him.

39. ENTRAPMENT- a person has planned or is about to commit crime and ways and means are resorted
to by a public officer to trap and catch the criminal; not a defense.

40. ACCIDENT- any happening beyond control of persons, consequences of which are not foreseeable.

41. TREACHERY- when the offender commits any of the crime against the person , employing means,
methods or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.

42. IGNOMINY- moral suffering

43. CRUELTY- deliberate intention to prolong physical suffering of the victim.

44. HABITUAL DELINQUENCY- within 10 years from last release or last conviction of the crime of
falsification, robbery, estafa, theft, serious or less serious physical injuries, the offender is found guilty
of any of said crimes a third time or oftener.

45. RECIDIVISM- when the time of 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.

46. QUASI-RECIDIVISM- commits a felony after having been convicted by final judgment, before
beginning to serve such, or while serving the same, shall be punished by maximum period of penalty
prescribed by law for new felony.

47. REITARACION or HABITUALITY- accused is on trial for an offense, he has previously serves sentence
for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to
which it attaches lighter penalty than that for the new offense and that he is convicted of the new
offense.

48. OFFENSE- is an act or omission that is punishable by special laws such as Republic Acts, Presidential
Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations.

49. PENALTY- penalty is the suffering that is inflicted by the State for the transgression of a law.

50. COMPLEX CRIMES- when a single act constitutes two or more grave or less, grave felonies, or when
an offense is a necessary means for committing the other, the penalty for the most serious crime shall
be imposed.
imposed.

51. CONTINUED CRIME- a continued crime is a single crime, consisting of a series of acts but all arising
from one criminal resolution.

52. ABERRATIO ICTUS- mistake in the blow

53. ERROR IN PERSONAE-mistake in the identity of the victim

54. PRAETER INTENTIONEM- the injurious result is greater than that intended.

55. RESTITUTION-in theft, the culprit is duty bound to return the property stolen.

56. REPARATION- in case of inability to return the property stolen, the culprit must pay the value of the
property stolen.

57. APPEAL- a request to a higher (appellate) court for that court to review and change the decision of a
lower court

58. ASSAULT- a threat or use of force on another that causes that person to have a reasonable
apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable
fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to
commit a battery.

59. ACQUITTAL- a jury verdict that a criminal defendant is not guilty or the finding of a judge that the
evidence is insufficient to support a conviction.

60. BATTERY- the application of force to another, resulting in harmful or offensive contact.

61. BRIBERY- The corrupt payment, receipt, or solicitation of a private favor for official action.

62. COUNTERFEITING- the forging, copying, or imitating of something (usually money) without a right to
do so and with the purpose of deceiving or defrauding.

63. TREASON- is a breach of allegiance to a government committed by a person who owes allegiance to
it.

64. ALLEGIANCE- is meant the obligation of fidelity and obedience which the individuals owe to the
government under which they live or to their sovereign, in return for the protection they receive.

65. NEUTRALITY- a nation or power which takes no part in a contest of arms going on between others is
referred to as neutral.

66. CORRESPONDENCE- is communication by means of letters, or it may refer to the letters which pass
between those who have friendly or business relations.

67. DOCUMENT- is any written statement by which a right is established or an obligation extinguished. A
document is a writing or instrument by which a fact may be proven and affirned.

68. 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.
69. MUTINY- it is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.

70. PROBABLE CAUSE- probable cause can be defined as such facts and circumstances which would lead
a reasonable discreet and prudent man to believe that an offense has been committed and that the
object sought in connection with the offense are in the place sought to searched.

71. 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 described
therein and bring it before the court.

72. MISPRISION OF TREASON- every person owing allegiance to the government of the Philippine
Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or
does not disclose and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or the fiscal of the city in which he resides.

73. SEDITION- in its general sense, is the raising of commotions or disturbances in the State.

74. CHARIVARI-the term charivari includes a medley of discordant voices, a mock serenade of discordant
noises made on kettles, tins horns, etc.., designed to annoy and insult.

75. . ESPIONAGE- Without authority therefor, enters a warship, fort, or naval or military establishment
or reservation to obtain any information, plans, photographs, or other data of a confidential nature
relative to the defense of the Philippine Archipelago; or (2) Being in possession, by reason of the public
office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses
their contents to a representative of a foreign nation.

76. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. - The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and that of prision mayor upon any private individual,
who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve
the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

77. VIOLATION OF NEUTRALITY - The penalty of prision correccional shall be inflicted upon anyone 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.

78. FLIGHT TO ENEMY'S COUNTRY. - The penalty of arresto mayor shall be inflicted upon any person
who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited
by competent authority.

79. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS - The penalty of reclusion temporal shall be
inflicted upon 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

80. EXPULSION - The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine
Islands or shall compel such person to change his residence.
81. VIOLATION OF DOMICILE. - The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects found therein without
the previous consent of such owner, or having surreptitiously entered said dwelling, and being required
to leave the premises, shall refuse to do so.

82. DWELLING- means any building or structure exclusively devoted for rest and comfort as
distinguished from places devoted to business, offices, etc..,

83. INHABITED HOUSE- is any shelter, ship or vessel constituting the dwelling of one or more persons
even though the inhabitants thereof are temporarily.

84. PUBLIC BUILDING-is every building owned by the government or belonging to a private person but
used or rented by the government, although temporarily unoccupied by the same.

85. PREMISES- premises signifies distinct and definite locality. It may mean a room, shop, building or
definite area, but in either case, locality is fixed.

86. GRAVE THREATS- any person who shall threaten another with the infliction upon the person, honor,
or property of the latter or of his family of any wrong amounting to a crime.

87. UNJUST VEXATION- unjust vexation includes any human conduct which, although not productive of
some physical or material harm would, however, unjustly annoy or vex an innocent person.

88. SEIZE- it means to place in the control of someone a thing or to give him the possession thereof.

89. ROBBERY- is the taking of personal property belonging to another, with intent to gain, by means of
violence against, or intimidation of any person, or using force upon things.

90. FALSE KEYS- are genuine keys stolen from the owner or any keys other than those intended by the
owner for use in the lock forcibly opened by the offender.

91. BRIGANDAGE- is a crime committed by more than three armed 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 for any other purpose to be attained by means of force and violence.

92. PHILIPPINE HIGHWAY- it shall refer to any road, street, passage, highway and bridges or other parts
thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or
trains for the movement or circulation of persons or transportation of goods, articles, or property or
both.

93. THEFT- theft is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without the
latter's consent.

94. FENCING- is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner
deal in any article, item, 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 robbery or theft.
95. ENCUMBRANCE- the term incumbrance includes every right or interest in the land which exists in
favour of third persons.

96. MALICIOUS MISCHIEF- malicious mischief is the wilful damaging of another's property for the sake of
causing damage due to hate, revenge or other evil motive.

97. ADULTERY- adultery is committed by any married woman who shall have sexual intercourse with a
man not her husband and by the man who has carnal knowledge of her, knowing her to be married,
even if the marriage be subsequently declared void.

98. LEWD- lewd is designed as obscene, lustful, indecent, and lecherous. It signifies the form of
immorality which has relation to moral impurity; or that which is carried on a wanton manner.

99. CONCUBINAGE- any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with
her in any other place.

100. COHABIT- the term cohabit means to dwell together, in the manner of husband and wife, for some
period of time, as distinguished from occasional, transient interviews for unlawful intercourse.

101. SEDUCTION- seduction means enticing a woman to unlawful sexual intercourse by promise of
marriage or other means of persuasion without use of force.

102. ABDUCTION- 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.

103. BIGAMY- any person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the former marriage has been legally dissolved, or before
the absent spouse has been declared presumptively dead by means of a judgment rendered in the
proper proceedings.

104. LIBEL- is a defamation committed by means of writing, printing, lithography, radio, phonograph,
painting or theatrical or cinematographic exhibition, or any similar means.

105. SLANDER- slander is oral defamation, it is libel committed by oral (spoken) means, instead of in
writing. The term oral defamation or slander as now understood, has been defined as the speaking of
base and defamatory words which tend to prejudice another in his reputation, office, trade, business or
means of livelihood.

106. MISFEASANCE- is the improper performance of some act which might lawfully be done

107. MALFEASANCE- is the performance of some act which ought not to be done.

108. NONFEASANCE-is the omission of some act which ought to be performed.

109. INFANTICIDE- the killing of any child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a stranger.

110. DUEL- it is a formal or regular combat previously concerted between two parties in the presence of
two or more seconds of lawful age on each side, who make the selection of arms and fix all the other
conditions of the fight.
111. MUTILATION- means the lopping or the clipping off of some part of the body.

112. DEFORMITY- is meant physical ugliness, permanent and definite abnormality. It must be
conspicuous ad visible.

113. ARREST- A restraint on person, depriving one of his own will and liberty, binding him to become
obedient to the will of the law

114. PROOF- It refers to the accumulation of evidence sufficient to persuade the trial court.

115. QUANTUM OF EVIDENCE- the totality of evidence presented for consideration

116. QUANTUM OF PROOF - refers to the degree of proof required in order to arrive at a conclusion.

117. BURDEN OF EVIDENCE - the duty of a party of going forward with evidence.

118. BURDEN OF PROOF - the duty of the affirmative to prove that which it alleges.

119. COLLATER MATTERS - matters other than the fact in issue and which are offered as a basis for
inference as to the existence or non-existence of the facts in issue.

120. PROBATIVE VALUE - It is the tendency of the evidence to establish the proposition that it is offered
to prove.

121. ANTECEDENT CIRCUMTANCES - facts existing before the commission of the crime [i.e. hatred, bad
moral character of the offender, previous plan, conspiracy, etc.]

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122. CONCOMITANT CIRCUMTANCES - facts existing during the commission of the crime [i.e.
opportunity, presence of the accused at the scene of the crime, etc.]

123. SUBSEQUENT CIRCUMTANCES - facts existing after the commission of the crime [i.e. flight,
extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen
property, etc.]

124. CONFESSION - an acknowledgement of guilt.

125. ADMISSION - an acknowledgment of facts

126. RELEVANT EVIDENCE - evidence having any value in reason as tending to prove any matter provable
in an action.

127. MATERIAL EVIDENCE - evidence is material when it is directed to prove a fact in issue as
determined by the rules of substantive law and pleadings.

128. COMPETENT EVIDENCE - not excluded by law.

129. DIRECT EVIDENCE - proves the fact in issue without aid of inference or presumptions.

130. CIRCUMSTANTIAL EVIDENCE - the proof of fact or facts from which, taken either singly or
collectively, the existence of a particular fact in dispute may be inferred as necessary or probable
consequence.
131. POSITIVE EVIDENCE- evidence which affirms a fact in issue

132. NEGATIVE EVIDENCE- evidence which denies the existence of a fact in issue.

133. REBUTTING EVIDENCE - given to repel, counter act or disprove facts given in evidence by the other
party.

134. PRIMARY/BEST EVIDENCE - that which the law regards as affording the greatest certainty.

135. SECONDARY EVIDENCE - that which indicates the existence of a more original source of
information.

136. EXPERT EVIDENCE - the testimony of one possessing knowledge not usually acquired by other
persons.

137. PRIMA FACIE EVIDENCE - evidence which can stand alone to support a conviction unless rebutted.

138. CONCLUSIVE EVIDENCE - incontrovertible evidence

139. CUMULATIVE EVIDENCE - additional evidence of the same kind bearing on the same point.

140. CORROBORATIVE EVIDENCE - additional evidence of a different kind and character tending to prove
the same point as that of previously offered evidence.

141. CHARACTER EVIDENCE - evidence of a person's moral standing or personality traits in a community
based on reputation or opinion.

142. DEMEANOR EVIDENCE - the behavior of a witness on the witness stand during trial to be
considered by the judge on the issue of credibility.

143. DEMONSTRATIVE EVIDENCE - evidence that has tangible and exemplifying purpose.

144. HEARSAY EVIDENCE - oral testimony or documentary evidence which does not derive its value
solely from the credit to be attached to the witness himself.

145. TESTIMONIAL EVIDENCE - oral averments given in open court by the witness.

146. OBJECT/AUOTOPTIC PROFERRENCE/REAL EVIDENCE - those addressed to the senses of the court
(sight, hearing, smell, touch, taste).

147. DOCUMENTARY EVIDENCE - those consisting of writing or any material containing letters, words,
numbers, figures, symbols or other modes of written expression offered as proof of its contents.

148. BURDEN OF PROOF- the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.

149. PRESUMPTION - an inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known or a conjecture based on past experience as to what course
human affairs ordinarily take.

150. CONCLUSIVE PRESUMPTIONS [jure et de jure] - based on rules of substantive law which cannot be
overcome by evidence to the contrary.
151. DISPUTABLE PRESUMPTIONS - based on procedural rules and may be overcome by evidence to the
contrary.

152. ESTOPPEL BY RECORD OR JUDGEMENT - the preclusion to deny the truth of matters set forth in a
record, whether judicial or legislative, and also deny the facts adjudicated by a court of competent
jurisdiction

153. ESTOPPEL BY DEED- a bar which precludes a party to a deed and his privies from asserting as
against the other and his privies any right or title in derogation of the deed or denying the truth of any
material fact asserted in it

154. ESTOPPEL IN PAIS - based upon express representation or statements or upon positive acts or
conduct.

155. ESTOPPEL AGAINST TENANT - the tenant is not permitted to deny the title of his landlord at the
time of the commencement of the relation of landlord and tenant between them.

156. DIRECT EXAMINATION- the examination in chief of a witness by the party presenting him on the
facts relevant to the issue.

157. CROSS EXAMINATION - the examination by the adverse party of the witness as to any matter stated
in the direct examination, or connected therewith, with sufficient fullness and freedom from interest or
bias, or the reverse, and to elicit all important facts bearing upon the issue.

158. RE-DIRECT EXAMINATION - second questioning by the proponent to explain or supplement answers
given in the cross examination

159. RE-CROSS EXAMINATION - second questioning by the adverse party on matters stated on the re-
direct and also on such matters as may be allowed by court.

160. LEADING QUESTION -It is one where the answer is already supplied by the examiner into the mouth
of the witness.

161. MISLEADING QUESTION - a question which cannot be answered without making an unintended
admission.

162. COMPOUND QUESTION -a question which calls for a single answer to more than one question.

163. ARGRUMENTATIVE QUESTION - a type of leading question which reflects the examiners
interpretation of the facts.

164. SPECULATIVE QUESTION - a question which assumes a disputed fact not stated by the witness as
true.

165. CONCLUSIONARY QUESTION - a question which asks for an opinion which the witness is not
qualified or permitted to answer.

166. CUMULATIVE QUESTION - a question which has already been asked and answered.

167. CRIMINAL PROCEDURE - It is a generic term used to describe the network of laws and rules which
govern the procedural administration of criminal justice.
168. CRIMINAL JURISPRUDENCE - The authority to hear and decide a particular offense and impose
punishment for it.

169. SUBJECT MATTER - cases of the general class where the proceedings in question belong as
determined by the nature of the offense and the penalty imposed by law.

170. TERRITORY - the geographical limits of the territory over which the court presides and where the
offense was committed.

171. 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.

172. ARREST- The taking of a person in custody in order that he may be bound to answer for the
commission of an offense.

173. HOT PURSUIT ARREST - when an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person arrested has committed
it.

174. BAIL - The security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions of law.

175. ARRAIGNMENT - The initial step in a criminal prosecution whereby the defendant is brought before
the court to hear the charges and to enter a plea.

176. EVIDENCE - sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting
a matter of fact.

177. COMPLAINT - A complaint is a sworn written statement charging a person with an offense

178. INFORMATION - is an accusation in writing charging a person with an offense.

179. THE MIXED SYSTEM - the so-called mixed system is a good combination of the good features and
characteristic of the inquisitorial and the accusatorial system.

180. THE ACCUSATORIAL - under this system of procedure, prosecution of crimes is conducted either at
the initiative of the public prosecutor or of the offended party himself.

181. THE INQUISITORIAL SYSTEM - this system in criminal procedure is characterized by secrecy of
investigation, the employment of torture and violence to obtain confession from the accused, the denial
of right of confrontation and of the right of counsel, and of appeal in all cases.

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182. JURISDICTION - as the authority to hear and determine a cause.

183. VENUE - is a geographical division in which an action is brought to trial.

184. JOHN DOE WARRANT - It is one issued to person whom the witnesses cannot identify
185. PROPERTY BOND - is an undertaking constituted as a lien on the real property given as security for
the amount of the bail

186. FACTUM PROBANDUM - is the ultimate fact sought to be established.

187. FACTUM PROBANS - is the evidentiary fact by which the ultimate fact is to be established.

188. REBUTTAL EVIDENCE - is that which is given to explain, repel, counteract or disprove facts given in
evidence by the adverse party.

189. SUR REBUTTAL - is that which is given to repel, counteract or disprove facts given in rebuttal
evidence.

190. IRRELEVANT EVIDENCE - is that which has no tendency in reason to establish the probability or
improbability of a fact issue.

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191. INCOMPETENT EVIDENCE - is one who excluded by law either on grounds of its immateriality,
irrelevancy, and want of credibility or for any other reason.

192. INADMISSABLE EVIDENCE - is that which is irrelevant to the issue or which is excluded by the rules
of evidence.

193. IMMATERIAL EVIDENCE - is that which is not directed to prove a fact in issue as determined by the
rules of substantive law and of pleadings

194. JUDICIAL NOTICE - means no more than that the court will bring to its aid and consider, without
proof of the facts its knowledge of those matters of public concern which are known by all well informed
persons.

195. EXTRA JUDICIAL ADMISSION - are those made out of the court or in judicial proceeding other than
the one under consideration.

196. DYING DECLARATION. - The declaration of a dying person, made under the consciousness of an
impending death,

197. PART OF THE RES GESTAE. - Statements made by a person while a startling occurrence is taking
place or immediately prior to or subsequent thereto with respect to the circumstances thereof

198. PREJUDICIAL QUESTION - It is a question, which arises in a case the resolution of which is a logical
antecedent of the issue or issues involved in said cases, and the cognizance of which pertains to another
tribunal.

199. ERROR OF JUDGEMENT - An error of judgment is one, which the court may commit in the exercise
of its jurisdiction.

200. ERROR OF JURISDICTION - An error of jurisdiction renders an order or judgment void or void able

- Criminal Law Definition of Terms

Criminal Law Book 2

Definition of terms

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Abduction - 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 the intent to marry or to corrupt her.

Forcible abduction - If a woman is transported from one place

to another by virtue of restraining her of her liberty, and that

act is coupled with lewd designs.

Serious illegal detention - If a woman is transported just to

restrain her of her liberty. There is no lewd design or lewd intent.

Grave coercion - If a woman is carried away just to break her

will, to compel her to agree to the demand or request by the

offender.

Special complex crime of Kidnapping with Murder - When the victim

dies or is killed as a consequence of the detention.

Abortion By A Physician Or Midwife And Dispensing Of Abortives -

punishes a pharmacist who merely dispenses with an abortive without the proper

prescription of a physician. If pharmacist knew that the abortive would

be use for abortion, she would be liable as an accomplice in the crime

of abortion.

Acts Of Lasciviousness - Committed under circumstances w/c, had there

been carnal knowledge, would amount to rape. Offended party is a

female or male.

Adherence – intellectually or emotionally favors the enemy and harbors

sympathies or convictions disloyal to his country’s policy or interest.

Agent Of Person In Authority – any person who, by direct provision of

law or by election or by appointment by competent authority, is charged

with the maintenance of public order and the protection and security

of life and property.

Aid or Comfort – act w/c strengthens or tends to strengthen the enemy

of the government in the conduct of war against the government, or an

act w/c weakens or tends to weaken the power of the government or

the country to resist or to attack the enemies of the gov’t or country.

Alarms and Scandal - The essence of the crime is disturbance of public

tranquility and public peace. Any kind of disturbance of public order

where the circumstance at the time renders the act offensive to the

tranquility prevailing, the crime is committed.

Allegiance – obligation of fidelity and obedience which individuals

owe to the government under which they live or to the sovereign, in

return for protection they receive.

Certificate - any writing by which testimony is given that a fact has

or has not taken place.

Charivari - is a mock serenade or discordant noises made with kettles,

tin horns etc., designed to deride, insult or annoy.

Combination In Restraint Of Trade - is an agreement or understanding

between two or more persons in the form of a contract, trust, pool,

holding company or other form of association, for the purpose of

unduly restricting competition, monopolizing trade and commerce in a

certain commodity, controlling its production, distribution and price,

or otherwise interfering with freedom of trade without statutory authority.

Combination in restraint of trade refers to the means while monopoly

refers to the end.

Conspiracy - when two or more persons come to an agreement to rise

publicly and take arms against government for any of the purposes of

rebellion and decide to commit it.

Coup d' Etat - Essence of the crime: Swift attack against the government,

its military camps an installations, etc. It maybe committed singly or

collectively. Committed through force, violation, intimidation, threat,

strategy or stealth.

Customs - refer to established usage, social conventions carried on by

tradition and enforced by social disapproval in case of violation.

Decency - means properly observing the requirements of modesty,

good taste.

Delay in the Delivery of Detained Persons - Crime is committed by

failing to deliver such person to the proper judicial authority within

a certain period. Detention is for some legal ground.

Dereliction of Duty - Committed only by public officers who have the

duty to institute prosecution for the punishment of violations of

the law. Public officer does not abandon his office but merely fails

to prosecute a violation of the law.

Direct Assault - The Public Authority or the Agent of the Public

Authority must be engaged in the performance of official duties or

that he is assaulted by reason thereof.

Direct Bribery - the officer agrees to perform or refrain from doing

an act in consideration of the gift or promise.

Indirect Bribery - it is not necessary that the officer do any

act. It is sufficient that he accepts the gift offered by

reason of his office.

Dissolute – lax, unrestrained, immoral (includes maintainer of house

of prostitution).

Document - any written statement by which a right is established or

an obligation is extinguished.

Duel - is a formal or regular combat previously consented to by two

parties in the presence of two or more seconds of lawful age on

each side, who make the selection of arms and fix all the other

conditions of the fight to settle some antecedent quarrel.

If these are not the conditions of the fight, it is not a duel

 in the sense contemplated in the Revised Penal Code. It will

be a quarrel and anyone who killed the other will be liable

for homicide or murder, as the case may be.

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 or the advantage of a foreign nation.

Estafa With Abuse of Confidence - Crime is committed by misappropriating,

converting, or denying having received money, goods or other personal

property.

False Testimony - 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 say

something contrary to it.

Forgery - The essence of forgery is giving a document the appearance

of a true and genuine document. Not any alteration of a letter, number,

figure or design would amount to forgery. At most, it would only be

frustrated forgery.

Grave scandal - consists of acts which are offensive to decency and

good customs. They are committed publicly and thus, give rise to

public scandal to persons who have accidentally witnessed the acts.

Illegal Detention - Committed by a Committed by private individual

public officer or who unlawfully employee who deprives a person

detains a person of his liberty.

Illegal Exactions - This can only be committed principally

by a public officer whose official duty is to collect taxes, license

fees, import duties and other dues payable to the government.

Mere demand of a larger or different amount is sufficient to consummate

the crime. The essence is the improper collection (damage to government

is not required)

Illegal marriage - Illegal marriage includes also such other marriages

which are performed without complying with the requirements of law, or

marriages where the consent of the other is vitiated, or such marriage

which was solemnized by one who is not authorized to solemnize the same.

Imprudence - Failure in precaution.

Incriminating Innocent Person - act of planting evidence and the like

in order to incriminate an innocent person.

Inducing A Minor To Abandon His Home - What constitutes the crime is

the act of inducing a minor to abandon his home of his guardian, and

it is not necessary that the minor actually abandons the home.

Infanticide - the victim is younger than three days or 72 hours old;

can be committed by a stranger. If a stranger who conspires with parent,

both commit the crime of infanticide.

In Flight – From the moment all exterior doors are closed following

embarkation until the same doors are again opened for disembarkation.

Insurrection - more commonly employed in reference to a movement which

seeks merely to effect some change of minor importance, or to prevent

the exercise of governmental authority with respect to particular

matters or subjects.

Interlocutory Order - one issued by the court deciding a collateral

or incidental matter; it is not a final determination of the issues

of the action or proceeding.

Intriguing Against Honor - is referred to as gossiping: the offender,

without ascertaining the truth of a defamatory utterance, repeats the

same and pass it on to another, to the damage of the offended party.

Libel - Defamation is in writing or printed media.

Slander - oral defamation.

Defamation - public and malicious imputation calculated to cause

 dishonor, discredit, or contempt upon the offended party.

Malfeasance - Doing of an act which a public officer should not

have done.

Malversation - is otherwise called embezzlement. Crime is committed

by approaching, taking, or misappropriating/consenting, or through

abandonment or negligence, permitting any other person to take the

public funds/property.

Manifestly Unjust Judgment – manifestly contrary to law that even a

person having meager knowledge of law cannot doubt the injustice; not

abuse of discretion or mere error of judgment.

Medical Malpractice - which is a form of negligence, consists in the

failure of a physician or surgeon to apply to his practice of medicine

that degree of care and skill which is ordinarily employed by the

profession generally, under similar conditions, and in like surrounding

circumstances.

Misfeasance - Improper doing of an act which a person might lawfully do.

Monopoly - is a privilege or peculiar advantage vested in one or more

persons or companies, consisting in the exclusive right or power to

carry on a particular business or trade, manufacture a particular

article, or control the sale or the whole supply of a particular

commodity. It is a form of market structure in which one or only a few

firms dominate the total sales of a product or service.

Mutiny - the unlawful resistance to a superior, or the raising of

commotions and disturbances on board a ship against the authority of

its commander.

Negligence - Failure in advertence.

Nonfeasance - Failure of an agent to perform his undertaking for

the principal.

Perjury by Making False Accusations - giving of false statement under

oath or making a false affidavit, imputing to the person the commission

of a crime.

Person In Authority – any person directly vested with jurisdiction,

whether as an individual or as a member of some court or governmental

corporation, board or commission.

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.

Political Crimes – are those directly aimed against the political order,

as well as such common crimes as may be committed to achieve a political

purpose. The decisive factor is the intent or motive.

Prevaricacion - means the negligence and tolerance in the prosecution

of an offense.

Proposal - when the person who has decided to rise publicly and take

arms against the government for any of the purposes of rebellion

proposes its execution to some other person or persons.

Prostitutes - women who habitually(not just 1 man) indulge in sexual

intercourse or lascivious conduct for money or profit (If a man

indulges in the same conduct, the crime committed is vagrancy.)

Quasi-Recidivism - Commission of Another Crime During Service of

Penalty Imposed for Another Previous Offense.

Rebellion - more frequently used where the object of the movement is

completely to overthrow and supersede the existing government.

Revealing Secrets With Abuse Of Office - Essence of this crime is

that the offender learned of the secret in the course of his employment.

He is enjoying a confidential relation with the employer or master

so he should respect the privacy of matters personal to the latter.

Ruffians – brutal, violent, lawless.

Sedition - It is the raising of commotions or disturbances in the State.

It is sufficient that the public uprising be tumultuous. The purpose

may be political or social.

Seduction - enticing a woman to unlawful sexual intercourse by promise

of marriage or other means of persuasion without use of force. It

applies when there is abuse of authority (qualified seduction) or

deceit (simple seduction).

Service Mark – is a mark 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.

Slavery - This is committed if anyone shall purchase, kidnap, or

detain a human being for the purpose of enslaving him.

#kamikoph

Trade-Name Or Trade-Mark – is a word or words, name, title, symbol,

emblem, sign or device, or any combination thereof used as an

advertisement, sign, label, poster, or otherwise, for the purpose of

enabling the public to distinguish the business of the person who

owns and uses said trade-name or trade-mark.

Treason – breach of allegiance to the government by a person who owes

allegiance to it. The levying of war against the government would

constitute treason when performed to aid the enemy.

Tumultuous - caused by more than 3 persons who are armed or provided with

means of violence.

Unfair Competition - consists in employing deception or any other means

contrary to good faith by which any person shall pass off the goods

manufactured by him or in which he deals, or his business, or services

for those of the one having established goodwill, or committing any acts

calculated to produce such result.

Unintentional Abortion - requires physical violence inflicted deliberately

and voluntarily by a third person upon the pregnant woman. If the pregnant

woman aborted because of intimidation, the crime committed is not

unintentional abortion because there is no violence; the crime committed

is light threats.

Unlawful Arrest - This felony consists in making an arrest or detention

without legal or reasonable ground for the purpose of delivering the

offended party to the proper authorities.

Vagrants - Those who have no apparent means of subsistence and who have

the physical ability to work yet neglect to apply themselves to some

useful calling.