1.

ABERRATIO ICTUS- mistake in blow

2. Absolute Theory- The subjacent state has complete jurisdiction over the atmosphere
above it subject only to the innocent passage by aircraft of a foreign country.
3. Abuso de confianza- ABUSE OF CONFIDENCE
4. Accessories exempt under Article 20 - The penalties prescribed for accessories shall not
be imposed upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories falling with the provisions
of paragraph 1 of the next preceding article
5. ACCESSORY PENALTIES – those that are deemed included in the imposition of the
principal penalties.
6. Accident - something that happens outside the sway of our will and, although coming
about through some act of our will, lies beyond the bounds of humanly foreseeable
consequences. Under Article 12, paragraph 4, the offender is exempt not only from criminal
but also from civil liability
7. Accused - the most pampered party in criminal cases
8. ACT – is any bodily movement tending to produce some effects in the external world.
9. ACT #3815- THE REVISED PENAL CODE OF THE PHILIPPINES - It was approved on
Dec. 08, 1930; It took effect on January 1, 1932
10. ACTUS ME NON INVITO FACTUST NONEST MEUS ACTUS- any acts done by me against
my will is not my act
11. ACTUS NON FACIT REUM, NISI MENS SIT REA- The act cannot be criminal when the
mind is not criminal. This is true to a felony characterized by dolo, but not a felony resulting
from culpa this maxim is not an absolute one because it is not applied to culpable felonies,
or those that result from negligence
12. Aerial Jurisdiction- is the jurisdiction exercised over the atmosphere.
13. AGE OF THE OFFENDED PARTY - May refer to old age or tender age of the victim.
14. Agent - A subordinate public officer charged with the maintenance of public order and
the protection and security of life and property, such as barrio policemen, councilmen, and
any person who comes to the aid of persons in authority. (Art. 152, as amended by BP 873).
15. Agent of a person in authority – is a person, who, by direct provision of law, or by
election or by competent authority, is charged with the maintenance of public order and the
protection and security of life and property and any person who comes to the aid of persons
in authority. (Art. 152, as amended by RA 1978).
16. AGGRAVATING CIRCUMSTANCES: Those circumstances which raise the penalty for a
crime in its maximum period provided by law applicable to that crime or change the nature
of the crime
17. ALEVOSIA- TREACHERY
18. Alternative circumstances are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and the other
conditions attending its commission
19. Arrebato y Obsecacion- Passion or obfuscation
20. Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each amount equivalent to the highest minimum
wage rate prevailing in the Philippines (RA 10159 AN ACT AMENDING ARTICLE 39 OF ACT
NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
21. ARTICLE 11- JUSTFYING CIRCUMASTANCES: Where the act of a person is in accordance
with law said person is deemed not to have violated the law.
22. ATTEMPTED- when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than this own spontaneous desistance
23. Auxilio de Gente Armada- Aid of Armed Men or Means to Ensure Impunity
24. AVOIDANCE OF GREATER EVIL/STATE OF NECESSITY- Any person who, in order to avoid
an evil or injury, does not act which causes damage to another
25. Battered Wife- a woman who is repeatedly subjected to any forceful physical or
psychological behavior by a man in order to do something he wants her to do without
concern for her rights. It includes wives or woman in any form of intimate relationship with a
man. The couple must go through the battering cycle at least twice.
26. BOND TO KEEP THE PEACE -It is an accessory penalty which has the effect of requiring
the person sentenced to it to present two sureties who shall undertake that such person will
not commit the offense sought to be prevented, and in case such offense be committed they
will pay the amount determined by the court in its judgment, or otherwise to deposit such
amount in the office of the clerk of court to guarantee said undertaking. If the person
sentenced fail to give the bond as required he shall be detained for a period not exceeding
six months if he shall have been prosecuted for grave or less grave felony, and shall not
exceed thirty days, if for a light felony
27. Child in conflict with the law" – a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
28. CIVIL INTERDICTION- It is an accessory penalty which has the effects of depriving the
offender during the time of his sentence of the rights of parental authority, or guardianship,
either as to the person or property of any ward, of marital authority, of the right to manage
his property, and of the right to dispose of such property by any act or any conveyance inter
vivos
29. CLASSICAL THEORY- Basis is a man’s freewill to choose between good and evil, that is
why more stress is placed upon the result of the felonious act than upon the criminal
himself. The purpose of penalty is retribution. The RPC is generally governed by this theory
30. Community - responsible for accepting for reintegration those sentences
prisoners who serve their sentence.
31. Complex Crimes - When the offender commits either of the complex crimes defined in
Art. 48 of the Code.
32. COMPLEX PENALTY – It is a penalty prescribed by law composed of three distinct
penalties, each forming a period, the lightest of them shall be the minimum, the next the
medium, and the most severe the maximum period.( ex. Reclusion Temporal to Death
33. Compound Crime (Delito Compuesto) – A single act results in two or more grave or less
grave felonies
34. Conspiracy – exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. (Article 8, RPC).
35. CONSUMATED- when all the elements necessary for its execution and accomplishment
are present
36. Continental - policemen are considered as servants of higher authority
37. Continuing and Continued Crimes - A single crime consisting of a series of acts but all
arising from one criminal resolution.
38. Continuing offense - A continuous, unlawful act or series of acts set on foot by a single
impulse and operated by an unintermittent force, however long a time it may occupy.
Although there is a series of acts, there is only one crime committed. Hence, only one penalty
shall be imposed.
39. CORRECTION OR REFORMATION – as shown by the rules which regulate the execution of
the penalties consisting in deprivation of liberty.
40. Correction- responsible for rehabilitation or reformation of convicted offenders.
41. Court - center peace of the criminal justice system
42. CRIME - Is an act committed or omitted in violation of law, commanding or
forbidding it. An act that is injurious, detrimental or harmful to the norms of the
society. It is generic term that refers to offense, felony and delinquency or
misdemeanor.
43. CRIMES MALA IN SE- Those which are so serious in effects to the so society so as to call
for their unanimous condemnation
44. CRIMES MALA PROHIBITA- These are violations of mere rules of convenience designed
to secure a more orderly affairs of the society
45. Criminal justice system - the machinery which the society uses in the prevention
and control of crimes. It may also refer to the totality of the activities of law
enforcers , prosecutors , judges and corrections personnel , as well as those of the
mobilized community in crime prevention and control.
46. CRIMINAL LAW- Branch or division of law which defines crimes, treats of their
nature and provides for their punishment.
47. CRIMINAL LIABILITY- Criminal liability does not only mean the obligation to serve the
personal or imprisonment penalties but it also includes the liability to pay the fines or
pecuniary penalties.
48. CRUELTY- refers to the physical suffering of the victim so he has to be alive
49. Culpable Felonies – by means of fault (culpa)
50. DEFENSE OF PROPERTY – can be invoked if there is an attack upon the property
although it is not coupled with an attack upon the person of the owner of the premises. All
the elements for justification must however be present
51. DEFENSE OF RELATIVES- Anyone who acts in defense of the person or rights of his
spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his
relatives by affinity in the same degrees and those consanguinity within the fourth civil
degree, provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given by the
person attacked, that the one making defense had no part therein
52. DEFENSE OF STRANGERS - Anyone who acts in defense of the person or rights of a
stranger, provided that the first and second requisites mentioned in the first circumstance of
this article are present and that the person defending be not induced by revenge,
resentment, or other evil motive.
53. Discernment – mental capacity to understand the difference between right and wrong
as determined by the child‘s appearance , attitude, comportment and behavior not only
before and during the commission of the offense but also after and during the trial
54. DISGUISE- Resorting to any device to conceal identity
55. Divisible- those that have fixed duration
56. DOCTINE OF PRO REO – When there is doubt about the meaning or application or
interpretation of a penal law and the doubt admits of two interpretations, one which is
lenient to the offender and the other one is favorable to him, then the interpretation which
is favorable to the accused should be applied.
57. DURA LEX SED LEX- the law maybe harsh but it is the law
58. DWELLING (Morada) – Building or structure, exclusively used for rest and comfort. Thus,
in the case of People v. Magnaye, a “combination of a house and a store”, or a market stall
where the victim slept is not a dwelling.
59. ECLECTIC/MIXED THEORY- Combination of the classical and positivist theories wherein
that crimes that are economic and social in nature should be dealt in a positive manner. The
law is thus more compassionate
60. Effect of pardon by the offended party. — A pardon of the offended party does not
extinguish criminal action except as provided in Article 344 of this Code; but civil liability
with regard to the interest of the injured party is extinguished by his express waiver.
61. EFFECT OF PRESIDENTIAL PARDON- A pardon shall not work the restoration of the right
to hold public office, or the right of suffrage, unless such rights be expressly restored by the
terms of the pardon. It shall also not exempt the culprit from the payment of the civil liability
imposed upon him by the sentence
62. Efficient intervening cause- are those that break the relation of cause and effect
63. EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO- He who is the cause of
the cause is the cause of the evil caused
64. ENGLISH RULE- GENERAL RULE: crimes committed aboard a foreign vessel within the
territorial waters of a country are triable in the courts of such country
ent there is no penalty imposed.

65. Entrapment - Entrapping persons into crime for the purpose of instituting criminal
prosecutions. It is a scheme or technique ensuring the apprehension of the criminals by
being in the actual crime scene.
66. ERROR IN PERSONAE- mistake in identity of victim.
67. Exemplarity- to serve as an example to others and deter them from emulating the
criminal.
68. Exempting Circumstances- These are defenses where the accused committed a crime
but is not criminally liable. There is a crime, and there is civil liability but no criminal
69. EXTRATERRITORIAL refers to the application of the Revised Penal Code outside the
Philippine territory
70. FELONY- an act that is punishable by the Revised Penal Code
71. Fluvial Jurisdiction- is the jurisdiction exercised over maritime and interior waters
72. Formal crimes- are crimes consummated in one instant. There is only one stage and that
is consummated stage
73. FRAUD- Insidious words or machinations used; to induce the victim;to act in a manner;
which would enable the offender to carry out his design
74. Free Zone Theory- The atmosphere over the country is free and not subject to the
jurisdiction of the subjacent state, except for the protection of its national security and
public order
75. FRENCH RULE- GENERAL RULE: crimes committed aboard a foreign vessel within the
territorial waters of a country are not triable in the courts of such country
76. FRUSTRATED- 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.
77. FULFILLMENT OF DUTY- Any person who acts in the fulfillment of a duty or in the lawful
exercise of a right or office
78. General rule - INTRATERRITORIAL refers to the application of the RPC within the
Philippine territory(land, air and water)
79. GENERALITY – The Penal law of the country is binding on all persons who reside or
sojourn in the Philippines
80. GENERIC – Those that can generally apply to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9,
10, 14, 18, 19, and 20 except “by means of motor vehicles”. A generic aggravating
circumstance may be offset by a generic mitigating circumstance.
81. Grave Felonies - afflictive penalties: 6 years and 1 day to reclusion perpetua ;
82. Guilt – is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty. (Reyes, Revised Penal Code)
83. Habitual delinquency under Article 62 (5)—The offender within a period of 10 years
from the date of his release or last conviction of the crimes of serious or less serious physical
injuries, robo, hurto, estafa or falsification, is found guilty of any of the said crimes a third
time or another.
84. Home rule - policemen are considered as servants of the community
85. IGNOMINY- refers to the moral effect of a crime and it pertains to the moral order,
whether or not the victim is dead or alive
86. IGNORANTIA FACTI EXCUSAT- IGNORANCE OF FACTS EXCUSES- Ignorantia Facti Excusat
is a Latin legal maxim that means ignorance of a fact is an excuse. Any act done under a
mistaken impression of a material fact is excused
87. Ignorantia legis neminem excusat - ignorance of the law excuses no one.
88. IGNORANTIA LEGIS NON EXCUSAT- ignorance of the law excuses no one from
compliance the compliance therewit
89. Imbecile - One who, while advanced in age, has a mental development comparable to
that of a child between 2 and 7 years of age. Exempt in all cases from criminal liability
90. IMBECILITY OR INSANITY - An imbecile or an insane person, unless the latter has acted
during a lucid interval. When the imbecile or an insane person has committed an act which
the law defines as a felony (delito), the court shall order his confinement in one of the
hospitals or asylums established for persons thus afflicted, which he shall not be permitted
to leave without first obtaining the permission of the same court
91. IMPOSSIBLE CRIMES- those crimes which would have been committed against person or
property were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means
92. Imputability – is the quality by which an act may be ascribed to a person as it 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.
93. Imputability distinguished from responsibility – while imputability implies that a deed
may be imputed to a person, responsibility implies that the person must take the
consequences of such a deed.
94. INDEMNIFICATION- Art. 107. Indemnification- Indemnification of consequential
damages shall include not only those caused the injured party, but also those suffered by his
family or by third person by reason of the crime
95. INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an
act is not certain
96. Indivisible- those which have no fixed duration
97. INHERENT – Those that must accompany the commission of the crime and is therefore
not considered in increasing the penalty to be imposed such as evident premeditation in
theft, robbery, estafa, adultery and concubinage
98. Insane - There is a complete deprivation of intelligence in committing the act but
capable of having lucid intervals. During a lucid interval, the insane acts with intelligence and
thus, is not exempt from criminal liability
99. Insanity is a defense in the nature of confession and avoidance and must be proved
beyond reasonable doubt
100. INSTIGATION - Instigation is the means by which the accused is lured into the
commission of the offense charged in order to prosecute him. On the other hand,
entrapment is the employment of such ways and means for the purpose of trapping or
capturing a lawbreaker. Thus, in instigation, officers of the law or their agents incite,
induce, instigate or lure an accused into committing an offense which he or she would
otherwise not commit and has no intention of committing.
101. Insuperable means insurmountable.
102. Intent - the purpose to use a particular means to affect such result
103. Intent – the purpose to use a particular means to affect such result.
104. Intentional Felonies – committed by deceit or malice (dolo)
105. Intoxication – The intoxication of the offender shall be taken into consideration as a
mitigating circumstances when the offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent to the plan to commit said felony but
when the intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance.
106. Irresistible force must operate directly upon the person of the accused and the injury
feared may be a lesser degree than the damage caused by the accused
107. Justice- Criminal is punished as an act of retributive justice.
108. Knowledge that a public authority is present is essential. Lack of such knowledge
indicates lack of intention to insult public authority. If crime is committed against the public
authority while in the performance of his duty, the offender commits direct assault without
this aggravating circumstance.
109. Law enforcement- prime mover of the criminal justice system.
110. Less Grave Felonies - correctional penalties: 1 month and one day to 6 years;
111. Light Felonies - Arresto Menor (1 day to 30 days).
112. Mala inse - is a wrong act from its very nature as those felonies punised in the
Revised Penal Code (RPC)
113. Mala prohibita- an act mala prohibita is a wrong because law prohibits it.
Without the law punishing the act, it cannot be considered wrong.
114. Material crimes have three stages of execution, attempted, frustrated and
consummated
115. MENS REA- Criminal Intent ; The gravamen of a certain crime
116. MINORITY – A person under nine years of age. (Repealed by RA 9344)
117. MISDEMEANOR- Acts that are in violation of simple rules and regulations
118. MISTAKE OF FACT- misapprehension of fact on the part of the person who caused
injury to another. He is not liable for absence of criminal intent
119. MITIGATING CIRCUMSTANCES or causes attenuates 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.
120. Modern concept- the yardstick of police efficiency is the absence of crime/
lesser number of crimes committed.
121. Motive - the moving power , which impels one to act for a definite result , e.g.
jealousy , revenge .
122. Motive – the moving power which impels one to action for a definite result.
123. No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts
punishment without trial.
124. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes
criminal an act done before the passage of the law and which was innocent when
done, and punishes such an act; it may also be defined as a law which aggravates a
crime, or makes it greater than it was, when committed
125. Nocturnidad- NIGHTTIME
126. NULLUM CRIMEN, NULLA POENA SINE LEGE – there is no crime when there is no law
punishing it
127. objective phase, If between these two points the offender is stopped by any cause
outside of his own voluntary desistance, the subjective phase has not been passed and it is
an attempt. If he is not so stopped but continues until he performs the last act, it is
frustrated, provided the crime is not produced.
128. OFFENSE- an act that is punishable by the special penal laws
129. Old concept- the yardstick of police efficiency is the number of arrest. Police is a
repressive machinery in crime prevention.
130. OMISSION – inaction, the failure to perform an act one is bound to do
131. OVERT ACT- It is some physical activity or deed more than a mere planning or
preparation, which if carried out 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 naturally ripen in a concrete offense.
132. Pancurium Bromide- paralyzes the muscles
133. Pardon - It is an executive clemency under which the prisoner is required to comply
with certain requirements
134. Pardon- is an act of grace proceeding from the power entrusted with the execution of
the laws which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime he has committed. A pardon may either be a conditional or absolute
135. People of the Philippines - the actual offended party
136. PEOPLE V. ARIZOBAL (2000): Generally, dwelling is considered inherent in the crimes
which can only be committed in the abode of the victim, such as trespass to dwelling and
robbery in an inhabited place. However, in robbery with homicide the authors thereof can
commit the heinous crime without transgressing the sanctity of the victim's domicile. In the
case at bar, the robbers demonstrated an impudent disregard of the inviolability of the
victims' abode when they forced their way in, looted their houses, intimidated and coerced
their inhabitants into submission, disabled Laurencio and Jimmy by tying their hands before
dragging them out of the house to be killed
137. PEOPLE V. TAÑO (2000): Held: Dwelling cannot be appreciated as an aggravating
circumstance in this case because the rape was committed in the ground floor of a two-story
structure, the lower floor being used as a video rental store and not as a private place of
abode or residence.
138. PEOPLE VS. TAOAN: Teachers, professors, supervisors of public and duly recognized
private schools, colleges and universities, as well as lawyers are persons in authority for
purposes of direct assault and simple resistance, but not for purposes of aggravating
circumstances in paragraph 2, Article 14.
139. Person in Authority and his Agent Person in authority – is one directly vested with
jurisdiction, that is, a public officer who has the power to govern and execute the laws
whether as an individual or as a member of some court or governmental corporation, board
or commission. A barrio captain and a barangay chairman are also persons in authority. (Art.
152, RPC, as amended by PD No. 299).
140. Physical defect referred to in this paragraph is such as being armless, cripple, or a
stutterer, whereby his means to act, defend himself or communicate with his fellow beings
are limited.
141. Plea of Guilt- The extrajudicial confession made by the accused is not voluntary
confession because it was made outside the court. (People v. Pardo)
142. POSITIVIST THEORY -PRIMARY PURPOSE: Reformation: Prevention/ Correction. Basis is
the sum of social and economic phenomena which conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in the provisions on impossible and habitual
delinquency.
143. Potassium Chloride- stops the heart beat
144. PRAETER INTENTIONEM- result done is greater than that originally intended. Lack of
intent to commit so grave a wrong
145. Premeditacion Conocida- Evident Premeditation
146. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute
the offender after the lapse of a certain time.
147. Prescription of Penalty- the loss or forfeiture of the right of the Government to
execute the final sentence after the lapse of a certain time
148. Prevention- To suppress or prevent the danger to the State of the acts of the criminal.
149. PREVENTIVE IMPRISONMENT- Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of deprivation of
liberty, with the full time during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners.
150. PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of
conviction
151. PROPOSAL TO COMMIT A FELONY - when the person who has decided to commit a
felony proposes its execution to some other person or persons. (Art. 8, RPC)
152. PROSPECTIVITY- Criminal law has no retroactive effect.
153. Provocation- any unjust or improper conduct on the part of the offended party capable
of inciting or irritating anyone.
154. PROXIMATE CAUSE – the cause, which in the natural and continuous sequence
unbroken by any efficient intervening cause, produces the injury, without the result would
not have occurred
155. Public Authority / Person in Authority – is a person directly vested with jurisdiction,
that is, a public officer who has the power to govern and execute the laws. The councilor,
mayor, governor, barangay captain, barangay chairman etc. are persons in authority. (Art.
152, as amended by P.D. 1232)
156. QUALIFYING –Those that change the nature of the crime. Art. 248 enumerates the
qualifying AC which qualify the killing of person to murder. If two or more possible qualifying
circumstances were alleged and proven, only one would qualify the offense and the others
would be generic aggravating
157. Quasi-recidivism under Article 160—Any person who shall ` a felony after having been
convicted by final judgment before beginning to serve such sentence or while serving such
sentence shall be punished by the maximum period prescribed by law for the new felony
158. RA 9346 or ―An Act Prohibiting the Imposition of Death Penalty in the Philippines”
159. RANK OF THE OFFENDED PARTY – Designation or title used to fix the relative position
of the offended party in reference to others. There must be a difference in the social
condition of the offender and the offended party
160. Recidivism under Article 14 (9)—The offender at the time of his trial for one crime
shall have been previously convicted by final judgment of another embraced in the same
title of the Revised Penal Code
161. Reformation- Under the modern concept of correction the criminal is punished in
order to rehabilitate or reform him.
162. Reiteracion or Habituality, it is essential that the offender be previously punished; that
is, he has served sentence.
163. Relationship – The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by affinity in the same degrees of the
offender.
164. Relative Theory- The subjacent state exercises jurisdiction over the atmosphere only to
the extent that it can effectively exercise control thereof
165. REPARATION- Art. 106. Reparation- The court shall determine the amount of damage,
taking into consideration the price of the thing, and its special sentimental value to the
injured party.
166. Repetition or reiteracion under Article 14 (9)—The offender has been previously
punished for an offense to which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty
167. Responsibility – is the obligation of suffering the consequences of crime. It is the
obligation of taking the penal and civil consequences of the crime
168. RESTITUTION - Art. 105. Restitution how made- The restitution of the thing itself must
be made whenever possible, with allowance for any deterioration or diminution of value
169. RETRIBUTION OR EXPIATION – the penalty is commensurate with the gravity of the
offense. It permits society to exact proportionate revenge, and the offender to atone for his
wrongs.
170. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as
they favor the persons guilty of a felony, who is not a habitual criminal, as this term is
defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such
laws a final sentence has been pronounced and the convict is serving the same.
171. Search - defined as the act looking into carefully in order to find some
concealed items.
172. Seizure - is to take into custody of something
173. Self Defense- To protect the society against the threats and actions of the criminals
174. SELF-DEFENSE IN LIBEL – justified when the libel is aimed at a person’s good name.
175. SELF-DEFENSE OF CHASTITY – there must be an attempt to rape the victim
176. SEX OF THE OFFENDED PARTY – This refers to the female sex, not to the male sex
177. SOCIAL DEFENSE – shown by its inflexible severity to recidivist and habitual delinquents
178. Sodium Thipentotal- induces sleep.
179. SPECIAL – Those which arise under special conditions to increase the penalty of the
offense and cannot be offset by mitigating circumstances
180. Special Complex Crimes - When the law specifically fixes a single penalty for 2 or more
offenses committed
181. SPECIFIC – Those that apply only to particular crimes. Nos. 3 (except dwelling), 15, 16,
17 and 21
182. Spontaneous desistance – It refers to the act of would-be offender in not pursuing the
performance of all the acts of execution.
183. STAND GROUND WHEN IN THE RIGHT” – the law does not require a person to retreat
when his assailant is rapidly advancing upon with him is a deadly weapon.
184. Subjective phase is that portion of the acts constituting the crime, starting from the
point where the offender begins the commission of the crime to the point where he still has
control over his act and their natural course
185. SUBSIDIARY IMPRISONMENT - It is a personal liability to be suffered by the convict
who has no property to pay the fine at the rate of one day for each eight pesos. (Art. 39)
186. SUBSIDIARY PENALTIES – those imposed in lieu of principal penalties, i.e.,
imprisonment in case of inability to pay the fine
187. Sufficient means adequate to excite a person to commit a wrong and must accordingly
be proportionate to its gravity. (People v. Nabora).
188. Terrestrial Jurisdiction- the jurisdiction exercised over the land
189. TERRITORIALITY - Penal laws of the Philippines are enforceable and effect only within
its territory.
190. THE RIGHT TO HONOR – Hence, a slap on the face is considered as unlawful aggression
since the face represents a person and his dignity. (Rugas vs, People)
191. three fold rule in the service of sentence - According to this rule, the maximum
duration of the convict’s sentence shall not be more than threefold the length of time
corresponding to the most severe of the penalties imposed upon him. No other penalty to
which he may be held liable shall be inflicted after the sum of those imposed equals the said
maximum period
192. Time of Surrender The RPC does not distinguish among the various moments when the
surrender may occur. (Reyes, Revised Penal Code). The fact that a warrant of arrest had
already been issued is no bar to the consideration of that circumstance because the law
does not require that the surrender be prior the arrest. (People v. Yecla and Cahilig). What is
important is that the surrender be spontaneous.
193. Transitory crime- moving crime
194. Trespass to dwelling to prevent serious harm to self - Art. 280, par. 3. - The provisions
of this article (on trespass to dwelling) shall not be applicable to any person who shall enter
another's dwelling for the purpose of preventing some serious harm to himself, the
occupants of the dwelling or a third person, nor shall it be applicable to any person who shall
enter a dwelling for the purpose of rendering some service to humanity or justice, nor to
anyone who shall enter cafes, taverns, inns and other public houses, while the same are
open.
195. Uncontrollable fear may be generated by a threatened act directly to a third person
such as the wife of the accused, but the evil feared must be greater or at least equal to the
damage caused to avoid it
196. UNINHABITED PLACE (Desplobado) – It is determined not by the distance of the
nearest house to the scene of the crime but whether or not in the place of the commission
of the offense, there was a reasonable possibility of the victim receiving some help.
197. Unlawful Aggression ; Unlawful aggression is assault or at least threatened assault of
an immediate and imminent kind
198. UTILITARIAN THEORY- (PRIMARY PURPOSE) protection of the society from actual or
potential wrong doers
199. Victim/ complainant - the forgotten party in a criminal cases
200. Vindication- The grave offense may be proximate, which admits of an interval of time
between the grave offense done by the offended party and the commission of the crime by
the accused.It concerns the honor of the person.