CRIMINAL LAW DEFINITION OF TERMS
INDETERMINATE OFFENSE- one where purpose of
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.
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.]
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.
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.
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 ❤
REPUBLIC ACT
R.A 53 - Press Freedom Law known as Sotto law
R.A 265 - Establishing The banko central of the Phil
R.A 1124 - Act prohibiting all beerhouse near school facilities
R.A 1524 - Act providing for enforcement of condition of
pardon
R.A 3019 - Anti Graft and corrupt practice
R.A -3815 Penalizing Government official for receiving
Bribes and malversation of public funds
R.A- 4136 Land transportation and traffic code
R.A- 4200 Anti wire taping law
R.A 5487 Private Security Agency law
R.A 5921 The pharmacy Law
R.A 6235 Anti Hijacking Law/Anti highway robbery law
R.A 6425 Dangerous drug act of 1972
R.A 6539 Anti carnapping Act of 1972
R.A 6713 Code of conduct and ethical standards for public
official and employee
R.A 6975 The Dilg act of 1990
R.A 6981 Witness protection .Security and Benefit act
R.A 7080 Anti plunder Act
R.A 7160 Local government code
R.A 7394 Consumer Act or Right of Consumer<br>
R.A 7438 An act defining Certain right of person arrested
detained or otherwise under custodial<br>
R.A 7610 Special protection of children against child abused
exploitation and discrimination act<br>
R.A 7658 An act prohibiting the employment of children
below 15 years of age in public or private Undertakings<br>
R.A 7659 Death penalty law<br>
R.A 7877 Anti sexual Harassment act of 1995
R.A 8042 Migrant workers and overseas Filipino act of 1995
R.A 8043 Inter country adoption act of 1995
R.A 8049 Anti Hazing law
R.A 8177 Act designing death penalty by lethal injection
R.A 8203 Special law on counterfeit drugs
R.A 8239 Philippine passport act of 1995
R.A 8293 Intellectual property code of the Philippines
R.A 8353 Anti Rape law 1997
R.A 8493 Speedy trial on a criminal case
R.A 8505 Rape victim assistance and protection act
R.A 8551 PNP reform and reorganization act of 1996 (PNP
modernization act)
R.A 8552 Domestic adoption act of 1996
R.A 8749 Clean air act
R.A 8961 PRC modernization act of 2000
R.A 9003 The ecological solid waste management act of
2000
R.A 9105 An forgery act of 2001
R.A 9147 Wildlife resources conservation act
R.A 9165 Comprehensive Drug act of 2002
R.A 9160 Anti Money laundering act of 2001
R.A 9208 Anti trafficking in person act
R.A 9231 Child Laboring act (Amending the provision of R.A
7610 on child labor)
R.A 9262 Anti Violence Against Women and their children
act of 2004
R.A 9221 Tobacco Regulation Act
R.A 9263 Bureau of fire and Bureau of jail management and
penology professionalization act of 2004
R.A 9372 Human Security act of 2007 took effect July 15
2007
R.A 9275 Clean water act
R.A 9344 Juvenile justice welfare act ( May 4 2006 )
R.A 9346 June 24 2006 An act prohibiting the imposition of
death penalty in the Phil
R.A 9360 Amending the election modernization act
R.A 9406 known as the PAO law 2007
R.A 9514 Comprehensive Firecode of the Phil
R.A 9745 Anti torture law of 2009
R.A 9775 Anti child pornography act of 2009
R.A 9953 Phil coastguard law of 2009
R.A 9995 known as the ANTI PHOTO AND VIDEO
VOYEURISM ACT OF 2007 FEB 2010
R.A 10071 Prosecution service act 2010
R.A 10070 Magnacarta for disable person
R.A 10121 Phil disaster risk reduction management act of
2010
R.A 10175 Cyber crime prevention act of 2012
R.A 10591 The comprehensive firearms and ammunition
regulation act
SOME CRIMINOLOGY BOARD examination questions AND
ANSWERS.
1. The Father of Parole
Ans. Alexander Maconochie
2. First Probation Officer that became an SOP
Ans. John Augustus (Edward N. Savage)
3. Location of UN Headquarters
Ans. New York
4. Meaning of “Black List”
Ans. Unfriendly
5. Languages used by the INTERPOL
Ans. (SAFE – spanish,arabic,french,english)
6. Where a convict is placed before his/her release
Ans. Halfway House
7. Otherwise known as the “Anti-Fencing Law”
Ans. PD 1612
8. Is a motion to dismiss the case for lack of sufficient
evidence to convict the accused
Ans. Demurrer to Evidence 38. What is used in examining a charred paper document
9. Days of filing Demurrer to Evidence” in Court Ans. Infraredlight
Ans. 10 days with no extension 39. A student driver must be accompanied by
10. The motion for leave of court to file demurrer to evidence Ans. Licensed Driver
Ans. 5 days 40. What instrument to bring during night by a prober
11. Otherwise known as the “E-Commerce Law” Ans. Camera
Ans. RA 8792 41. As a general rule, can a warrant be served even during
12. Fairly Reliable information- confirmed by other sources Sundays and Holidays
Ans. C-1 Ans. Yes
13. Al Queda was originally trained by the CIA to fight the 42. How many Justices composing the supreme Court
__ including the Chief Justice
Ans. Soviets Ans. 15
14. Chronic offender is a __. 43. What office handles PDEA
Ans. Recidivist Ans. Office of the President
15. Height waiver is automatically granted to ___. 44. Term used to describe the attackers of World trade
Ans. Cultural Minority Center
16. Vagrant, prostitution and gambling vices are considered Ans. Terrorists
as __ 45. Ratio of security escort required for outside escort
Ans. Victimless Crimes Ans. 1:1+1
17. Other term for alignment defect 46. The collection, evaluation, analysis, integration and
Ans. Misalignment interpretation of all available information against an enemy
18. The first digital camera for the consumer-level market or person
that worked with a home computer via a serial cable Ans. Intelligence
Apple QuickTake 100 camera (February 17 , 1994), 47. Crime committed by a person using priestly uniform and
19. PDEA means perform burial ceremony
Ans. Philippine Drug Enforcement Agency Ans. Usurpation of Authority
20. Who approves the PSIR submitted by the Probation 48. Criminology theory which state that people are totally
Officer responsible for their behaviors and stress more on the effect
Ans. Secretary of Justice of their felonious act than upon the criminal himself
21. Probation is a matter of ___ Ans. Classical theory
Ans. Privilege 49. Ratio of jail guard to inmate
22. Research that seeks to solve immediate problem Ans. 1:7
Ans. Applied research 50. Who appoints the BJMP Chief
23. First paid probation officer in America Ans. President
Ans. Edward Savage 51. The commitment order issued to a prisoner should bear
24. Otherwise known as the “Adult Probation Law” the of the following
Ans. PD 968 Ans. Signatures of Judge and seal of the Court
25. What court that automatically review death penalty 52. Who appoints DILG Director
Ans. Supreme Court Ans. DILG Secretary
26. The use of one or more electrical devices which current 53. How many types of INTERPOL notices
goes beyond the designed capacity of the existing electrical Ans. 8
system 54. What agency assists PDEA during coastal operation
Ans. Over Loading along sea shore or sea borders?
27. Light used in medical Ans. Philippine Coast Guard
Ans. Umbrella Light 55. What body helps PDEA in operation which provides air
28. Otherwise known as the “Revised Penal Code” lift, land operation, and back up support?
Ans. Act 3815 Ans. Philippine Military
29. Otherwise known as “Special Protection of Children 56. It is a surprise inspection of jail officer inside jail
against Abuse, Exploitation and premises and toward prisoners on their cells.
Discrimination” Ans. Operation Greyhound
Ans. RA 7610 57. Posting of security of an accused for his/her release in
30. Otherwise known as “Anti-Trafficking in Persons Act of order for his assurance for trial.
2003” Ans. Bail
Ans. RA 9208 58. Why do investigators use hand gloves in collecting
31. Minimum age for security guard evidence?
Ans. 18 yrs. old Ans. To prevent contamination of the evidence
32. Used in attacking the World Trade Center 59. Father of victimization theory
Ans. American Commercial Airplane Ans. Benjamin Meldelsohn
33. Location of medium security prisoners assigned 60. Bail is a matter of?
Ans. Camp Sampaguita Ans. Right
34. Otherwise known as “Anti-Violence Against Women and
Their Children”
Ans. RA 9262
35. What does “white list” mean
Ans. Friendly
36. The right to try in an ecclesiastical court in the Middle
Dagdag kaalaman para sa magttake ng CRIMINOLOGY
Ages
LICENSURE EXAM
Ans. Benefit of the Clergy
37. What does “articulo Mortis” mean 1.Coined in the word "Criminology" - Rafaelle de Garofalo.
Ans. At the point of Death 2. Father of Classical criminology- Cesare Beccaria.
3. Father of Criminaliastics- Hans Gross
4. Father of Behavioral genetics- Francis Galton.
5. Father of traditional/Old Criminology - Cesare Beccaria
Father of Modern Criminology- Cesare Lombroso
6. Father of Questioned Doc. Examination- Albert Osborne
7. Father of Forensic/ ModernBallistics - Col. Calvin Henry
Goddard
8. Father of Probation- John Augustus
9. Father of Organized Military Espionage- Frederick the
great.
10. Mother of All Criminals- Ada juke/ Margaret.
11. First probation officer in the whole world- Edward
Savage
12. Coined in the word "Photography" - William Herschel
13. Father of Police Professionalization- August Vollmer
14. Father of Police Organization- Henry Vayol.
15. Father of Utilitarianism- Jeremy Bentham
16. Father of Philippine Probation- Teodulo Natividad.
17. Father of English Probation- Matthew Daven Porthill.
18. Father of Parole/Modern Penology- Alexander
Macanochie
19. First prison chaplain- Rev. Jarred Curtis
20. First Probation Officer- Edward Savage
21. Father of Modern Policing- Sir Robert Peel.
22. Father of traditional polygraphy- John A. larson.
23. Father of Modern Law Enforcement- August Vollmer.
24. Father of Psycho analysis- Sigmund freud
25. Father of forensic Investigation- Dr. Edmon Locard
26. Father of Podoscopy- Dr. Edmon Locard
27. Father of Personal Identi- Alphonse Bertillion
28. Father of fingerprint- Sir Richard Henry
29. F. of Criminalistics in Austria- Dr. Hans Gross
30. F. of Crims in America- Dr. Paul Kirk
31. F. of American Prison- Zebulon Reed Brockway.
32. F.of Victimology- Benjamin Mendelson Von Henteg
32. "Criminology" - Edwin Sutherland "Criminologie" -Italian
word by Paul Topinard" "Criminologia"-Latin word by
Rafaelle de Garofalo 33. Benjamin Robins - F of Modern
Gannery/F. of Ballistics pendiulum
. 34. Father of eugenics- Galton First lethal injection- Leo
echagaray./RAPE
35.John Augustus-Father of Probation
36.Edward Savage-First Probation officer in the world
37.Teodulo C. Natividad-Father of Philippine Probation
38.Mathew Davenfort Hill-Father of English Probation
39.Zebulon R. Brockway-He was the first superintendent of
Elmira Reformatory
40.Sir Evelyn Ruggles Brise-Director of English prisons who
opened the Borstal institution
41.John Howard-known as the Father of Penitentiary
42.Sir Walter Crofton-He was the director of the irish prison
43.Alexander Macanochie-Father of modern Penology and
Father of Parole
✅Republic Acts - are laws made by congress,the latter
referring to house of representatives and senate of the
phils.duly signed by the president
✅Presidential Decrees- are laws made and approved by
then former president marcos; here are some of them;
P.D. 1414 - created the law on indigenous person,or the
katutubo
P.D. 1619 - solvent and volatile
P.D. 968 - PROBATION LAW
P.D. 603 - THE CHILD AND YOUTH WELFARE ACT
CODE..EFFECTIVE JUNE 8 1975
P.D. 1069 - PHIL EXTERNAL/EXTRADITION LAW
P.D. 532 - ANTI PIRACY AND ANTI HIGHWAY LAW OF
1974
P.D. 533 - ANTI-CATTLE RUSTLING LAW OF 1974
P.D. 1602 - ILLEGAL GAMBLING
P.D. 1866 - AS AMENDED BY R.A. 8294,ILLEGAL
POSSESSION OF FIREARM AND EXPLOSIVES
P.D. 1612 -ANTI FENCING LAW
P.D. 684 - CREATED SK
P.D. 1184 - CREATED THE PPSC
P.D.229 -DECLARING BGY CHAIRMAN AS PERSON IN
AUTHORITY
P.D. 557 - DECLARING ALL BARRIOS AS BARANGAY
P.D. 1508 - CREATION OF BARANGAY COURT
P.D.1829 - PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF CRIMINAL
OFFENDER
P.D. 46 - ACT PUNISHING THE RECEIVING AND GIVING
OF GIFTS OF PUBLIC OFFICIAL AND EMPLOYEES
P.D 1689 - INCREASED THE PENALTY FOR CERTAIN
FORMS OF ESTAFA
P.D.2018 - MAKES THE ILLEGAL RECRUITMENT A
CRIME OF ECONOMIC SABOTAGE PUNISHABLE BY
LIFE IMPRISONMENT
P.D 133 - PRESCRIBED HEAVY PENALTY FOR
EMPLOYEES THEFT AND LABORERS
P.D.1185 - FIRE CODE OF THE PHILS
P.D.1731 - PROVIDES FOR REWARDS AND INCENTIVES
TO GOVT WITNESS AND INFORMANTS
P.D 1732 - PROVIDES IMMUNITY FOR GOVT
WITNESSES
P.D., 1869 - PROHIBITION OF GOVT OFFICIALS TO
ENTER IN GAMBLING HOUSE AND CASINOS
R.A 7160 - LOCAL GOVT CODE OF 1991
R.A. 4103 - INDETERMINATE SENTENCE LAW
R.A. 4200 - ANTI-WIRE TAPPING LAW
R.A. 1524 - PROVIDES FOR THE ENFORCEMENT OF
THE CONDITIONS FOR PARDON
R.A. 7610 - SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSED EXPLOITATION AND
DISCRIMINATION ACT AS AMENDED
R.A. 9344 - JUVENILE JUSTICE AND WELFARE SYSTEM
MY 4 2006
R.A. 9231 - CHILD LABORING ACT
R.A. 6809 - LOWERING THE AGE OF MINORITY FROM 21
TO 18 YEARS OF AGE,TOTALLY EMANCIPATED
R.A 7659 - DEATH PENALTY
R.A. 8177 - ACT DESIGNATING DEATH BY LETHAL
INJECTION LAW
R.A. 3019 - AS AMENDED BY ANTI-GRAFT AND
CORRUPTION PRACTICES
R.A. 6713 - CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIAL AND EMPLOYEES
R.A. 7080 - ANTI-PLUNDER ACT
R.A. 7877 - ANTI-SEXUAL HARASSMENT ACT OF 1995
R.A. 8049 - ANTI-HAZING LAW
R.A. 6539 - ANTI-CARNAPPING LAW ACT OF 1972
R.A. 6235 - ANTI-HIJACKING LAW
R.A. 9165 - THE COMPREHENSIVE DRUGS OF 2002
AMENDED BY R.A. 6425 DDA ACT 1972
R.A. 3851- KNOWN AS THE REVISED PENAL CODE
(TOOK EFFECT ON JAN. 1 1932
R.A. 7691 THE EXPANSION OF MUNICIPAL COURT AND
MUNICIPAL CIRCUIT TRIAL COURT
R.A 6506 ActCreating the Board of Examiners for
Criminologists in the Philippines ...
R.A. 5921 - THE PHARMACY LAW
R.A. 5851 - BOND TO KEEP THE PEACE AND ORDER
R.A. 8551 - PNP LAW
R.A. 8493 - SPEEDY TRIAL ON A CRIMINAL CASE
R.A. 157 - ACT CREATING THE NBI
R.A. 6809 - LOWERING THE AGE OF MAJORITY FROM
21 TO 18
R.A. 6981 - WITNESS PROTECTION, SECURITY AND
BENEFIT ACT
R.A. 6713 - CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIAL AND EMPLOYEES
R.A. 1370 - ACT DECLARING FORFEITURE OF III-
GOTTEN WELATH OF PUBLIC OFFICER AND
EMPLOYEE
R.A. 3815 - PENALIZING GOVERNMENT OFFICIAL FOR
RECEIVING BRIBE, COMMITTING MALVERSATIONS OF
PUBLIC FUNDS
R.A. 8293 - PENAL PROVISION OF INTELLECTUAL
PROPERTY CODE
R.A. 8239 - PENAL PROVISION OF THE PHILIPPINE
PASSPORT ACT OF 1996
R.A. 8484 - ACCESS DEVICES REGULATION ACT
R.A. 9105 - ART FORGERY ACT OF 2001
R.A. 6969 - TOXIC SUBSTANCES AND HAZARDOUS AND
NUCLEAR WASTES CONTROL ACT
R.A. 4136 - RESTRICTED SPEED OF VEHICLE..created
the LTO
R.A. 7924 - CREATED MMDA
R.A. 3326 - ACT ESTABLISHING PRESCRIPTIVE
PERIODS FOR VIOLATION OF SPECIAL LAWS AND
MUNICIPAL ORDINANCE AS AMENDED
R.A. 7394 - CONSUMER ACT OR RIGHTS OF
CONSUMER
R.A. 9221 - TOBACCO REGULATION ACT
R.A. 8491 - FLAG AND HERALDED OF THE PHILIPPINES
R.A. 1224 - ACT PROHIBITING ALL BEERHOUSES NEAR
SCHOOL FACILITIES
R.A. 1081 - MARTIAL LAW
B.[ BLG. 22 - BOUNCING CHECK LAW
B.P. BLG. 39 - FOREIGN AGENTS ACT OF 1979
C.A 616 - ESPIONAGE LAW