1. CRIMINAL LAW- is that branch or division of law which offender in the performing an act is not certain. Its nature in defines crimes, treats of their nature, and provides for their relation to its objective is ambiguous. punishment. 21. CONSPIRACY- conspiracy exists when two or more 2. CRIME- crime is defined as an act committed or omitted in persons come to an agreement concerning the commission violation of public law forbidding or commanding it. of a felony and decide to commit it. 3. GENERAL (characteristic of criminal law) - general, in that 22. PROPOSAL- there is a proposal when the person who criminal law is binding on all persons who live or sojourn in has decided to commit a felony proposes its execution to Philippine territory. some other person or persons. 4. TERRITORIAL (characteristic of criminal law) - in that 23. IMPUTABILITY- is the quality by which an act may be criminal law undertakes to punish crimes committee within ascribed to a person as its author or owner. It implies that Philippine territory. the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own. 5. PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act punishable in a manner in 24. RESPONSIBILITY- is the obligation of suffering the which it was not punishable when committed. consequences of crime. It is the obligation of taking the penal and civil consequences of the crime. 6. FRENCH RULE- such crimes are not triable in courts of that country, unless their commission affects the peace and 25. GUILT- guilt is an element of responsibility, for a man security of the territory or the safety of the state is cannot be made to answer for the consequences of a crime endangered. unless he is guilty. 7. ENGLISH RULE-such crimes are triable in that country, 26. GRAVE FELONIES- are those to which the law attaches unless they merely affect things within the vessel or they the capital punishment or penalties which in any of their refer to the internal management thereof. periods are afflictive. 8. FELONIES- felonies are acts and omissions punishable 27. LESS GRAVE FELONIES- are those which the law by the revised penal code. punishes with penalties which in their maximum period are correctional. 9. ACT- any bodily movement tending to produce some effect in the external world. 28. LIGHT FELONIES- are those infractions of law for the commission of which the penalty of arresto menor or a fine 10. OMISSION- is meant inaction, the failure to perform a not exceeding 200 pesos, is provided. positive duty which one is bound to do. 29. JUSTIFYING CIRCUMSTANCES- are those where the 11. MISTAKE OF FACT- is a misapprehension of fact on the act of a person is said to be in accordance with law, so that part of the person who caused injury to another. such person is deemed not to have transgressed the law 12. MALA IN SE- wrongful from their nature, those so and is free from both criminal and civil liability. serious in their effects on society as to call for the almost 30. EXEMPTING CICUMSTANCES (non-imputability) - are unanimous condemnation of its members and defined and those grounds for exemption from punishment because penalized by the Revised Penal Code. there is wanting in the agent of the crime any of the 13. MALA PROHIBITA- wrong merely because prohibited by conditions which make the act voluntary, or negligent. statute, are violations of mere rules of convenience designed 31. MITIGATING CIRCUMSTANCES- those which, if to secure a more orderly regulation of the affairs of society. present in the commission of the crime, do not entirely free The term mala prohibita refers generally to acts made the actor from criminal liability but only serve to reduce the criminal by special laws. penalty. 14. INTENT- intent is the purpose to use a particular means 32. AGGRAVATING CIRCUMSTANCES- are those which, if to effect such result. attendant in the commission of the crime, serve to increase 15. MOTIVE- motive is the moving power which impels one the penalty without, however, exceeding the maximum of the to action for a definite result. penalty provided by law for the offense. 16. CONSUMMATED FELONY- a felony is consummated 33. GENERIC (kind of aggravating circumstances) - those when all the elements necessary for its execution and that can generally apply to all crimes. accomplishment are present. 34. SPECIFIC (kind of aggravating circumstances) - those 17. FRUSTRATED FELONY- when the offender performs all that apply only to particular crime. the acts of execution which would produce the felony as a 35. QUALIFYING (kind of aggravating circumstances) - consequence but which nevertheless, do not produce it by those that change the nature of the crime. reason of causes independent of the will of the perpetrator. 36. INHERENT (kind of aggravating circumstances) - those 18. ATTEMPTED FELONY- when the offender commences that must of necessity accompany the commission of the the commission of a felony directly by overt acts, and does crime. not perform all the acts of execution which should produce the felony by reason of some cause or accident other than 37. ALTERNATIVE CIRCUMSTANCES- aggravating or his own spontaneous desistance. mitigating according to the nature and effect of the crime and other conditions attending its commission. 19. OVERT ACTS- an overt act is some physical activity or deed, indicating the intention to commit a particular crime, 38. INSTIGATION- public officer or private detective induces more than a mere planning or preparation, which if carried to an innocent person to commit a crime and would arrest him its complete termination following its natural course, without upon or after the commission of the crime by him. being frustrated by external obstacles nor by the voluntary 39. ENTRAPMENT- a person has planned or is about to desistance of the perpetrator, will logically and necessarily commit crime and ways and means are resorted to by a ripen into a concrete offense. public officer to trap and catch the criminal; not a defense. 40. ACCIDENT- any happening beyond control of persons, 60. BATTERY- the application of force to another, resulting consequences of which are not foreseeable. in harmful or offensive contact. 41. TREACHERY- when the offender commits any of the 61. BRIBERY- The corrupt payment, receipt, or solicitation of crime against the person , employing means, methods or a private favor for official action. forms in the execution thereof which tend directly and 62. COUNTERFEITING- the forging, copying, or imitating of specially to insure its execution, without risk to himself something (usually money) without a right to do so and with arising from the defense which the offended party might the purpose of deceiving or defrauding. make. 63. TREASON- is a breach of allegiance to a government 42. IGNOMINY- moral suffering committed by a person who owes allegiance to it. 43. CRUELTY- deliberate intention to prolong physical 64. ALLEGIANCE- is meant the obligation of fidelity and suffering of the victim. obedience which the individuals owe to the government 44. HABITUAL DELINQUENCY- within 10 years from last under which they live or to their sovereign, in return for the release or last conviction of the crime of falsification, protection they receive. robbery, estafa, theft, serious or less serious physical 65. NEUTRALITY- a nation or power which takes no part in injuries, the offender is found guilty of any of said crimes a a contest of arms going on between others is referred to as third time or oftener. neutral. 45. RECIDIVISM- when the time of trial for one crime, shall 66. CORRESPONDENCE- is communication by means of have been previously convicted by final judgment of another letters, or it may refer to the letters which pass between crime embraced in the same title of the revised penal code. those who have friendly or business relations. 46. QUASI-RECIDIVISM- commits a felony after having 67. DOCUMENT- is any written statement by which a right is been convicted by final judgment, before beginning to serve established or an obligation extinguished. A document is a such, or while serving the same, shall be punished by writing or instrument by which a fact may be proven and maximum period of penalty prescribed by law for new felony. affirned. 47. REITARACION or HABITUALITY- accused is on trial for 68. PIRACY-it is robbery or forcible depredation on the high an offense, he has previously serves sentence for another seas, without lawful authority and done with animo furandi offense to which the law attaches an equal or greater and in the spirit and intention of universal hostility. penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense and that he is convicted 69. MUTINY- it is the unlawful resistance to a superior of the new offense. officer, or the raising of commotions and disturbances on board a ship against the authority of its commander. 48. OFFENSE- is an act or omission that is punishable by special laws such as Republic Acts, Presidential Decrees, 70. PROBABLE CAUSE- probable cause can be defined as Executive Orders, Memorandum Circulars, Ordinances and such facts and circumstances which would lead a Rules and Regulations. reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in 49. PENALTY- penalty is the suffering that is inflicted by the connection with the offense are in the place sought to State for the transgression of a law. searched. 50. COMPLEX CRIMES- when a single act constitutes two 71. SEARCH WARRANT- is an order in writing issued in the or more grave or less, grave felonies, or when an offense is name of the People of the Philippines signed by a judge and a necessary means for committing the other, the penalty for directed to a peace officer, commanding him to search for the most serious crime shall be imposed. personal property described therein and bring it before the imposed. court. 51. CONTINUED CRIME- a continued crime is a single 72. MISPRISION OF TREASON- every person owing crime, consisting of a series of acts but all arising from one allegiance to the government of the Philippine Islands, criminal resolution. without being a foreigner, and having knowledge of any 52. ABERRATIO ICTUS- mistake in the blow conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor 53. ERROR IN PERSONAE-mistake in the identity of the or fiscal of the province, or the mayor or the fiscal of the city victim in which he resides. 54. PRAETER INTENTIONEM- the injurious result is greater 73. SEDITION- in its general sense, is the raising of than that intended. commotions or disturbances in the State. 55. RESTITUTION-in theft, the culprit is duty bound to return 74. CHARIVARI-the term charivari includes a medley of the property stolen. discordant voices, a mock serenade of discordant noises 56. REPARATION- in case of inability to return the property made on kettles, tins horns, etc.., designed to annoy and stolen, the culprit must pay the value of the property stolen. insult. 57. APPEAL- a request to a higher (appellate) court for that 75. . ESPIONAGE- Without authority therefor, enters a court to review and change the decision of a lower court warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or 58. ASSAULT- a threat or use of force on another that other data of a confidential nature relative to the defense of causes that person to have a reasonable apprehension of the Philippine Archipelago; or (2) Being in possession, by imminent harmful or offensive contact; the act of putting reason of the public office he holds, of the articles, data, or another person in reasonable fear or apprehension of an information referred to in the preceding paragraph, discloses immediate battery by means of an act amounting to an their contents to a representative of a foreign nation. attempt or threat to commit a battery. 76. INCITING TO WAR OR GIVING MOTIVES FOR 59. ACQUITTAL- a jury verdict that a criminal defendant is REPRISALS. - The penalty of reclusion temporal shall be not guilty or the finding of a judge that the evidence is imposed upon any public officer or employee, and that of insufficient to support a conviction. prision mayor upon any private individual, who, by unlawful 91. BRIGANDAGE- is a crime committed by more than three or unauthorized acts provokes or gives occasion for a war armed persons who form a band of robbers for the purpose involving or liable to involve the Philippine Islands or of committing robbery in the highway or kidnapping persons exposes Filipino citizens to reprisals on their persons or for the purpose of extortion or to obtain ransom, or for any property. other purpose to be attained by means of force and violence. 77. VIOLATION OF NEUTRALITY - The penalty of prision 92. PHILIPPINE HIGHWAY- it shall refer to any road, street, correccional shall be inflicted upon anyone who, on the passage, highway and bridges or other parts thereof, or occasion of a war in which the Government is not involved, railway or railroad within the Philippines used by persons, or violates any regulation issued by competent authority for the vehicles, or locomotives or trains for the movement or purpose of enforcing neutrality. circulation of persons or transportation of goods, articles, or 78. FLIGHT TO ENEMY'S COUNTRY. - The penalty of property or both. arresto mayor shall be inflicted upon any person who, owing 93. THEFT- theft is committed by any person who, with allegiance to the Government, attempts to flee or go to an intent to gain but without violence against or intimidation of enemy country when prohibited by competent authority. persons nor force upon things, shall take personal property 79. PIRACY IN GENERAL AND MUTINY ON THE HIGH of another without the latter's consent. SEAS - The penalty of reclusion temporal shall be inflicted 94. FENCING- is the act of any person who, with intent to upon any person who, on the high seas, shall attack or seize gain for himself or for another, shall buy, receive, possess, a vessel or, not being a member of its complement nor a keep, acquire, conceal, sell or dispose of, or shall buy and passenger, shall seize the whole or part of the cargo of said sell, or in any other manner deal in any article, item, object vessel, its equipment, or personal belongings of its or anything of value which he knows, or should be known to complement or passengers him, to have been derived from the proceeds of the crime of 80. EXPULSION - The penalty of prision correccional shall robbery or theft. be imposed upon any public officer or employee who, not 95. ENCUMBRANCE- the term incumbrance includes every being thereunto authorized by law, shall expel any person right or interest in the land which exists in favour of third from the Philippine Islands or shall compel such person to persons. change his residence. 96. MALICIOUS MISCHIEF- malicious mischief is the wilful 81. VIOLATION OF DOMICILE. - The penalty of prision damaging of another's property for the sake of causing correccional in its minimum period shall be imposed upon damage due to hate, revenge or other evil motive. any public officer or employee who, not being authorized by 97. ADULTERY- adultery is committed by any married judicial order, shall enter any dwelling against the will of the woman who shall have sexual intercourse with a man not owner thereof, search papers or other effects found therein her husband and by the man who has carnal knowledge of without the previous consent of such owner, or having her, knowing her to be married, even if the marriage be surreptitiously entered said dwelling, and being required to subsequently declared void. leave the premises, shall refuse to do so. 98. LEWD- lewd is designed as obscene, lustful, indecent, 82. DWELLING- means any building or structure exclusively and lecherous. It signifies the form of immorality which has devoted for rest and comfort as distinguished from places relation to moral impurity; or that which is carried on a devoted to business, offices, etc.., wanton manner. 83. INHABITED HOUSE- is any shelter, ship or vessel 99. CONCUBINAGE- any husband who shall keep a constituting the dwelling of one or more persons even mistress in the conjugal dwelling, or, shall have sexual though the inhabitants thereof are temporarily. intercourse, under scandalous circumstances, with a woman 84. PUBLIC BUILDING-is every building owned by the who is not his wife, or shall cohabit with her in any other government or belonging to a private person but used or place. rented by the government, although temporarily unoccupied 100. COHABIT- the term cohabit means to dwell together, in by the same. the manner of husband and wife, for some period of time, as 85. PREMISES- premises signifies distinct and definite distinguished from occasional, transient interviews for locality. It may mean a room, shop, building or definite area, unlawful intercourse. but in either case, locality is fixed. 101. SEDUCTION- seduction means enticing a woman to 86. GRAVE THREATS- any person who shall threaten unlawful sexual intercourse by promise of marriage or other another with the infliction upon the person, honor, or means of persuasion without use of force. property of the latter or of his family of any wrong amounting 102. ABDUCTION- is meant the taking away of a woman to a crime. from her house or the place where she may be for the 87. UNJUST VEXATION- unjust vexation includes any purpose of carrying her to another place with intent to marry human conduct which, although not productive of some or to corrupt her. physical or material harm would, however, unjustly annoy or 103. BIGAMY- any person who shall contract a second or vex an innocent person. subsequent marriage before the former marriage has been 88. SEIZE- it means to place in the control of someone a legally dissolved, or before the former marriage has been thing or to give him the possession thereof. legally dissolved, or before the absent spouse has been 89. ROBBERY- is the taking of personal property belonging declared presumptively dead by means of a judgment to another, with intent to gain, by means of violence against, rendered in the proper proceedings. or intimidation of any person, or using force upon things. 104. LIBEL- is a defamation committed by means of writing, 90. FALSE KEYS- are genuine keys stolen from the owner printing, lithography, radio, phonograph, painting or theatrical or any keys other than those intended by the owner for use or cinematographic exhibition, or any similar means. in the lock forcibly opened by the offender. 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 existence of a particular fact in dispute may be inferred as which tend to prejudice another in his reputation, office, necessary or probable consequence. trade, business or means of livelihood. 131. POSITIVE EVIDENCE- evidence which affirms a fact in 106. MISFEASANCE- is the improper performance of some issue act which might lawfully be done 132. NEGATIVE EVIDENCE- evidence which denies the 107. MALFEASANCE- is the performance of some act which existence of a fact in issue. ought not to be done. 133. REBUTTING EVIDENCE - given to repel, counter act or 108. NONFEASANCE-is the omission of some act which disprove facts given in evidence by the other party. ought to be performed. 134. PRIMARY/BEST EVIDENCE - that which the law 109. INFANTICIDE- the killing of any child less than three regards as affording the greatest certainty. days of age, whether the killer is the parent or grandparent, 135. SECONDARY EVIDENCE - that which indicates the any other relative of the child, or a stranger. existence of a more original source of information. 110. DUEL- it is a formal or regular combat previously 136. EXPERT EVIDENCE - the testimony of one possessing concerted between two parties in the presence of two or knowledge not usually acquired by other persons. more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight. 137. PRIMA FACIE EVIDENCE - evidence which can stand alone to support a conviction unless rebutted. 111. MUTILATION- means the lopping or the clipping off of some part of the body. 138. CONCLUSIVE EVIDENCE - incontrovertible evidence 112. DEFORMITY- is meant physical ugliness, permanent 139. CUMULATIVE EVIDENCE - additional evidence of the and definite abnormality. It must be conspicuous ad visible. same kind bearing on the same point. 113. ARREST- A restraint on person, depriving one of his 140. CORROBORATIVE EVIDENCE - additional evidence of own will and liberty, binding him to become obedient to the a different kind and character tending to prove the same will of the law point as that of previously offered evidence. 114. PROOF- It refers to the accumulation of evidence 141. CHARACTER EVIDENCE - evidence of a person's sufficient to persuade the trial court. moral standing or personality traits in a community based on reputation or opinion. 115. QUANTUM OF EVIDENCE- the totality of evidence presented for consideration 142. DEMEANOR EVIDENCE - the behavior of a witness on the witness stand during trial to be considered by the judge 116. QUANTUM OF PROOF - refers to the degree of proof on the issue of credibility. required in order to arrive at a conclusion. 143. DEMONSTRATIVE EVIDENCE - evidence that has 117. BURDEN OF EVIDENCE - the duty of a party of going tangible and exemplifying purpose. forward with evidence. 144. HEARSAY EVIDENCE - oral testimony or documentary 118. BURDEN OF PROOF - the duty of the affirmative to evidence which does not derive its value solely from the prove that which it alleges. credit to be attached to the witness himself. 119. COLLATER MATTERS - matters other than the fact in 145. TESTIMONIAL EVIDENCE - oral averments given in issue and which are offered as a basis for inference as to the open court by the witness. existence or non-existence of the facts in issue. 146. OBJECT/AUOTOPTIC PROFERRENCE/REAL 120. PROBATIVE VALUE - It is the tendency of the EVIDENCE - those addressed to the senses of the court evidence to establish the proposition that it is offered to (sight, hearing, smell, touch, taste). prove. 147. DOCUMENTARY EVIDENCE - those consisting of 121. ANTECEDENT CIRCUMTANCES - facts existing writing or any material containing letters, words, numbers, before the commission of the crime [i.e. hatred, bad moral figures, symbols or other modes of written expression character of the offender, previous plan, conspiracy, etc.] offered as proof of its contents. 122. CONCOMITANT CIRCUMTANCES - facts existing 148. BURDEN OF PROOF- the duty of a party to present during the commission of the crime [i.e. opportunity, evidence on the facts in issue necessary to establish his presence of the accused at the scene of the crime, etc.] claim or defense by the amount of evidence required by law. 123. SUBSEQUENT CIRCUMTANCES - facts existing after 149. PRESUMPTION - an inference as to the existence of a the commission of the crime [i.e. flight, extrajudicial fact not actually known, arising from its usual connection admission to third party, attempt to conceal effects of the with another which is known or a conjecture based on past crime, possession of stolen property, etc.] experience as to what course human affairs ordinarily take. 124. CONFESSION - an acknowledgement of guilt. 150. CONCLUSIVE PRESUMPTIONS [jure et de jure] - 125. ADMISSION - an acknowledgment of facts based on rules of substantive law which cannot be overcome 126. RELEVANT EVIDENCE - evidence having any value in by evidence to the contrary. reason as tending to prove any matter provable in an action. 151. DISPUTABLE PRESUMPTIONS - based on procedural 127. MATERIAL EVIDENCE - evidence is material when it is rules and may be overcome by evidence to the contrary. directed to prove a fact in issue as determined by the rules 152. ESTOPPEL BY RECORD OR JUDGEMENT - the of substantive law and pleadings. preclusion to deny the truth of matters set forth in a record, 128. COMPETENT EVIDENCE - not excluded by law. whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction 129. DIRECT EVIDENCE - proves the fact in issue without aid of inference or presumptions. 153. ESTOPPEL BY DEED- a bar which precludes a party to a deed and his privies from asserting as against the other 130. CIRCUMSTANTIAL EVIDENCE - the proof of fact or facts from which, taken either singly or collectively, the and his privies any right or title in derogation of the deed or based on personal knowledge of facts or circumstances that denying the truth of any material fact asserted in it the person arrested has committed it. 154. ESTOPPEL IN PAIS - based upon express 174. BAIL - The security given for the release of a person in representation or statements or upon positive acts or custody of the law, furnished by him or a bondsman, to conduct. guarantee his appearance before any court as required 155. ESTOPPEL AGAINST TENANT - the tenant is not under the conditions of law. permitted to deny the title of his landlord at the time of the 175. ARRAIGNMENT - The initial step in a criminal commencement of the relation of landlord and tenant prosecution whereby the defendant is brought before the between them. court to hear the charges and to enter a plea. 156. DIRECT EXAMINATION- the examination in chief of a 176. EVIDENCE - sanctioned by the rules, for ascertainment witness by the party presenting him on the facts relevant to in a judicial proceeding, the truth, respecting a matter of fact. the issue. 177. COMPLAINT - A complaint is a sworn written statement 157. CROSS EXAMINATION - the examination by the charging a person with an offense adverse party of the witness as to any matter stated in the 178. INFORMATION - is an accusation in writing charging a direct examination, or connected therewith, with sufficient person with an offense. fullness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. 179. THE MIXED SYSTEM - the so-called mixed system is a good combination of the good features and characteristic of 158. RE-DIRECT EXAMINATION - second questioning by the inquisitorial and the accusatorial system. the proponent to explain or supplement answers given in the cross examination 180. THE ACCUSATORIAL - under this system of procedure, prosecution of crimes is conducted either at the 159. RE-CROSS EXAMINATION - second questioning by initiative of the public prosecutor or of the offended party the adverse party on matters stated on the re-direct and also himself. on such matters as may be allowed by court. 181. THE INQUISITORIAL SYSTEM - this system in criminal 160. LEADING QUESTION -It is one where the answer is procedure is characterized by secrecy of investigation, the already supplied by the examiner into the mouth of the employment of torture and violence to obtain confession witness. from the accused, the denial of right of confrontation and of 161. MISLEADING QUESTION - a question which cannot be the right of counsel, and of appeal in all cases. answered without making an unintended admission. 182. JURISDICTION - as the authority to hear and 162. COMPOUND QUESTION -a question which calls for a determine a cause. single answer to more than one question. 183. VENUE - is a geographical division in which an action is 163. ARGRUMENTATIVE QUESTION - a type of leading brought to trial. question which reflects the examiners interpretation of the 184. JOHN DOE WARRANT - It is one issued to person facts. whom the witnesses cannot identify 164. SPECULATIVE QUESTION - a question which 185. PROPERTY BOND - is an undertaking constituted as a assumes a disputed fact not stated by the witness as true. lien on the real property given as security for the amount of 165. CONCLUSIONARY QUESTION - a question which the bail asks for an opinion which the witness is not qualified or 186. FACTUM PROBANDUM - is the ultimate fact sought to permitted to answer. be established. 166. CUMULATIVE QUESTION - a question which has 187. FACTUM PROBANS - is the evidentiary fact by which already been asked and answered. the ultimate fact is to be established. 167. CRIMINAL PROCEDURE - It is a generic term used to 188. REBUTTAL EVIDENCE - is that which is given to describe the network of laws and rules which govern the explain, repel, counteract or disprove facts given in evidence procedural administration of criminal justice. by the adverse party. 168. CRIMINAL JURISPRUDENCE - The authority to hear 189. SUR REBUTTAL - is that which is given to repel, and decide a particular offense and impose punishment for counteract or disprove facts given in rebuttal evidence. it. 190. IRRELEVANT EVIDENCE - is that which has no 169. SUBJECT MATTER - cases of the general class where tendency in reason to establish the probability or the proceedings in question belong as determined by the improbability of a fact issue. nature of the offense and the penalty imposed by law. 191. INCOMPETENT EVIDENCE - is one who excluded by 170. TERRITORY - the geographical limits of the territory law either on grounds of its immateriality, irrelevancy, and over which the court presides and where the offense was want of credibility or for any other reason. committed. 192. INADMISSABLE EVIDENCE - is that which is irrelevant 171. PRELIMINARY INVESTIGATION - It is an inquiry or to the issue or which is excluded by the rules of evidence. proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been 193. IMMATERIAL EVIDENCE - is that which is not directed committed and the respondent is probably guilty thereof, and to prove a fact in issue as determined by the rules of should be held for trial. substantive law and of pleadings 172. ARREST- The taking of a person in custody in order 194. JUDICIAL NOTICE - means no more than that the court that he may be bound to answer for the commission of an will bring to its aid and consider, without proof of the facts its offense. knowledge of those matters of public concern which are known by all well informed persons. 173. HOT PURSUIT ARREST - when an offense has just been committed and he has probable cause to believe 195. EXTRA JUDICIAL ADMISSION - are those made out of R.A 8493 Speedy trial on a criminal case the court or in judicial proceeding other than the one under R.A 8505 Rape victim assistance and protection act consideration. R.A 8551 PNP reform and reorganization act of 1996 (PNP 196. DYING DECLARATION. - The declaration of a dying modernization act) person, made under the consciousness of an impending R.A 8552 Domestic adoption act of 1996 death, R.A 8749 Clean air act 197. PART OF THE RES GESTAE. - Statements made by a R.A 8961 PRC modernization act of 2000 person while a startling occurrence is taking place or R.A 9003 The ecological solid waste management act of immediately prior to or subsequent thereto with respect to 2000 the circumstances thereof R.A 9105 An forgery act of 2001 198. PREJUDICIAL QUESTION - It is a question, which R.A 9147 Wildlife resources conservation act arises in a case the resolution of which is a logical R.A 9165 Comprehensive Drug act of 2002 antecedent of the issue or issues involved in said cases, and the cognizance of which pertains to another tribunal. R.A 9160 Anti Money laundering act of 2001 R.A 9208 Anti trafficking in person act 199. ERROR OF JUDGEMENT - An error of judgment is one, which the court may commit in the exercise of its R.A 9231 Child Laboring act (Amending the provision of R.A jurisdiction. 7610 on child labor) 200. ERROR OF JURISDICTION - An error of jurisdiction R.A 9262 Anti Violence Against Women and their children renders an order or judgment void or void able act of 2004 R.A 9221 Tobacco Regulation Act - Criminal Law Definition of Terms ❤ 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 REPUBLIC ACT 2007 R.A 53 - Press Freedom Law known as Sotto law R.A 9275 Clean water act R.A 265 - Establishing The banko central of the Phil R.A 9344 Juvenile justice welfare act ( May 4 2006 ) R.A 1124 - Act prohibiting all beerhouse near school facilities R.A 9346 June 24 2006 An act prohibiting the imposition of R.A 1524 - Act providing for enforcement of condition of death penalty in the Phil pardon R.A 9360 Amending the election modernization act R.A 3019 - Anti Graft and corrupt practice R.A 9406 known as the PAO law 2007 R.A -3815 Penalizing Government official for receiving R.A 9514 Comprehensive Firecode of the Phil Bribes and malversation of public funds R.A 9745 Anti torture law of 2009 R.A- 4136 Land transportation and traffic code R.A 9775 Anti child pornography act of 2009 R.A- 4200 Anti wire taping law R.A 9953 Phil coastguard law of 2009 R.A 5487 Private Security Agency law R.A 9995 known as the ANTI PHOTO AND VIDEO R.A 5921 The pharmacy Law VOYEURISM ACT OF 2007 FEB 2010 R.A 6235 Anti Hijacking Law/Anti highway robbery law R.A 10071 Prosecution service act 2010 R.A 6425 Dangerous drug act of 1972 R.A 10070 Magnacarta for disable person R.A 6539 Anti carnapping Act of 1972 R.A 10121 Phil disaster risk reduction management act of R.A 6713 Code of conduct and ethical standards for public 2010 official and employee R.A 10175 Cyber crime prevention act of 2012 R.A 6975 The Dilg act of 1990 R.A 10591 The comprehensive firearms and ammunition R.A 6981 Witness protection .Security and Benefit act regulation 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 SOME CRIMINOLOGY BOARD examination questions AND ANSWERS. detained or otherwise under custodial<br> R.A 7610 Special protection of children against child abused 1. The Father of Parole exploitation and discrimination act<br> Ans. Alexander Maconochie 2. First Probation Officer that became an SOP R.A 7658 An act prohibiting the employment of children Ans. John Augustus (Edward N. Savage) below 15 years of age in public or private Undertakings<br> 3. Location of UN Headquarters R.A 7659 Death penalty law<br> Ans. New York R.A 7877 Anti sexual Harassment act of 1995 4. Meaning of “Black List” R.A 8042 Migrant workers and overseas Filipino act of 1995 Ans. Unfriendly R.A 8043 Inter country adoption act of 1995 5. Languages used by the INTERPOL R.A 8049 Anti Hazing law Ans. (SAFE – spanish,arabic,french,english) 6. Where a convict is placed before his/her release R.A 8177 Act designing death penalty by lethal injection Ans. Halfway House R.A 8203 Special law on counterfeit drugs 7. Otherwise known as the “Anti-Fencing Law” R.A 8239 Philippine passport act of 1995 Ans. PD 1612 R.A 8293 Intellectual property code of the Philippines 8. Is a motion to dismiss the case for lack of sufficient R.A 8353 Anti Rape law 1997 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 P.D. 1866 - AS AMENDED BY R.A. 8294,ILLEGAL 4. Father of Behavioral genetics- Francis Galton. POSSESSION OF FIREARM AND EXPLOSIVES 5. Father of traditional/Old Criminology - Cesare Beccaria P.D. 1612 -ANTI FENCING LAW Father of Modern Criminology- Cesare Lombroso P.D. 684 - CREATED SK 6. Father of Questioned Doc. Examination- Albert Osborne P.D. 1184 - CREATED THE PPSC 7. Father of Forensic/ ModernBallistics - Col. Calvin Henry P.D.229 -DECLARING BGY CHAIRMAN AS PERSON IN Goddard AUTHORITY 8. Father of Probation- John Augustus P.D. 557 - DECLARING ALL BARRIOS AS BARANGAY 9. Father of Organized Military Espionage- Frederick the P.D. 1508 - CREATION OF BARANGAY COURT great. P.D.1829 - PENALIZING OBSTRUCTION OF 10. Mother of All Criminals- Ada juke/ Margaret. APPREHENSION AND PROSECUTION OF CRIMINAL 11. First probation officer in the whole world- Edward OFFENDER Savage P.D. 46 - ACT PUNISHING THE RECEIVING AND GIVING 12. Coined in the word "Photography" - William Herschel OF GIFTS OF PUBLIC OFFICIAL AND EMPLOYEES 13. Father of Police Professionalization- August Vollmer P.D 1689 - INCREASED THE PENALTY FOR CERTAIN 14. Father of Police Organization- Henry Vayol. FORMS OF ESTAFA 15. Father of Utilitarianism- Jeremy Bentham P.D.2018 - MAKES THE ILLEGAL RECRUITMENT A 16. Father of Philippine Probation- Teodulo Natividad. CRIME OF ECONOMIC SABOTAGE PUNISHABLE BY 17. Father of English Probation- Matthew Daven Porthill. LIFE IMPRISONMENT 18. Father of Parole/Modern Penology- Alexander P.D 133 - PRESCRIBED HEAVY PENALTY FOR Macanochie EMPLOYEES THEFT AND LABORERS 19. First prison chaplain- Rev. Jarred Curtis P.D.1185 - FIRE CODE OF THE PHILS 20. First Probation Officer- Edward Savage P.D.1731 - PROVIDES FOR REWARDS AND INCENTIVES 21. Father of Modern Policing- Sir Robert Peel. TO GOVT WITNESS AND INFORMANTS 22. Father of traditional polygraphy- John A. larson. P.D 1732 - PROVIDES IMMUNITY FOR GOVT 23. Father of Modern Law Enforcement- August Vollmer. WITNESSES 24. Father of Psycho analysis- Sigmund freud P.D., 1869 - PROHIBITION OF GOVT OFFICIALS TO 25. Father of forensic Investigation- Dr. Edmon Locard ENTER IN GAMBLING HOUSE AND CASINOS 26. Father of Podoscopy- Dr. Edmon Locard R.A 7160 - LOCAL GOVT CODE OF 1991 27. Father of Personal Identi- Alphonse Bertillion R.A. 4103 - INDETERMINATE SENTENCE LAW 28. Father of fingerprint- Sir Richard Henry R.A. 4200 - ANTI-WIRE TAPPING LAW 29. F. of Criminalistics in Austria- Dr. Hans Gross R.A. 1524 - PROVIDES FOR THE ENFORCEMENT OF 30. F. of Crims in America- Dr. Paul Kirk THE CONDITIONS FOR PARDON 31. F. of American Prison- Zebulon Reed Brockway. R.A. 7610 - SPECIAL PROTECTION OF CHILDREN 32. F.of Victimology- Benjamin Mendelson Von Henteg AGAINST CHILD ABUSED EXPLOITATION AND 32. "Criminology" - Edwin Sutherland "Criminologie" -Italian DISCRIMINATION ACT AS AMENDED word by Paul Topinard" "Criminologia"-Latin word by R.A. 9344 - JUVENILE JUSTICE AND WELFARE SYSTEM Rafaelle de Garofalo 33. Benjamin Robins - F of Modern MY 4 2006 Gannery/F. of Ballistics pendiulum R.A. 9231 - CHILD LABORING ACT . 34. Father of eugenics- Galton First lethal injection- Leo R.A. 6809 - LOWERING THE AGE OF MINORITY FROM 21 echagaray./RAPE TO 18 YEARS OF AGE,TOTALLY EMANCIPATED 35.John Augustus-Father of Probation R.A 7659 - DEATH PENALTY 36.Edward Savage-First Probation officer in the world R.A. 8177 - ACT DESIGNATING DEATH BY LETHAL 37.Teodulo C. Natividad-Father of Philippine Probation INJECTION LAW 38.Mathew Davenfort Hill-Father of English Probation R.A. 3019 - AS AMENDED BY ANTI-GRAFT AND 39.Zebulon R. Brockway-He was the first superintendent of CORRUPTION PRACTICES Elmira Reformatory R.A. 6713 - CODE OF CONDUCT AND ETHICAL 40.Sir Evelyn Ruggles Brise-Director of English prisons who STANDARDS FOR PUBLIC OFFICIAL AND EMPLOYEES opened the Borstal institution R.A. 7080 - ANTI-PLUNDER ACT 41.John Howard-known as the Father of Penitentiary R.A. 7877 - ANTI-SEXUAL HARASSMENT ACT OF 1995 42.Sir Walter Crofton-He was the director of the irish prison R.A. 8049 - ANTI-HAZING LAW 43.Alexander Macanochie-Father of modern Penology and R.A. 6539 - ANTI-CARNAPPING LAW ACT OF 1972 Father of Parole R.A. 6235 - ANTI-HIJACKING LAW R.A. 9165 - THE COMPREHENSIVE DRUGS OF 2002 ✅Republic Acts - are laws made by congress,the latter AMENDED BY R.A. 6425 DDA ACT 1972 referring to house of representatives and senate of the R.A. 3851- KNOWN AS THE REVISED PENAL CODE phils.duly signed by the president (TOOK EFFECT ON JAN. 1 1932 ✅Presidential Decrees- are laws made and approved by R.A. 7691 THE EXPANSION OF MUNICIPAL COURT AND then former president marcos; here are some of them; MUNICIPAL CIRCUIT TRIAL COURT P.D. 1414 - created the law on indigenous person,or the R.A 6506 ActCreating the Board of Examiners for katutubo Criminologists in the Philippines ... P.D. 1619 - solvent and volatile R.A. 5921 - THE PHARMACY LAW P.D. 968 - PROBATION LAW R.A. 5851 - BOND TO KEEP THE PEACE AND ORDER P.D. 603 - THE CHILD AND YOUTH WELFARE ACT R.A. 8551 - PNP LAW CODE..EFFECTIVE JUNE 8 1975 R.A. 8493 - SPEEDY TRIAL ON A CRIMINAL CASE P.D. 1069 - PHIL EXTERNAL/EXTRADITION LAW R.A. 157 - ACT CREATING THE NBI P.D. 532 - ANTI PIRACY AND ANTI HIGHWAY LAW OF R.A. 6809 - LOWERING THE AGE OF MAJORITY FROM 1974 21 TO 18 P.D. 533 - ANTI-CATTLE RUSTLING LAW OF 1974 R.A. 6981 - WITNESS PROTECTION, SECURITY AND P.D. 1602 - ILLEGAL GAMBLING 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