CRIMINAL LAW BOOK 1

CRIMINAL LAW 1
Book 1

The government has the Power to

Legislative-Gumagawa /enact laws.
Executive- Pinapatupad/enforce laws
Judiciary-Interpret/Explain the Law

ATTEMPTED
-Sinimulan mo Hindi mo natapos
FRUSTRATED
-sinimulan mo natapos mo pero hindi mo nagustuhan ang kinahinatnan
CONSUMATED
-Sinimulan mo Natapos mo At Nagustuhan mo ang kinahinatnan

CRIMINAL LAW
-Batas para sa krimen
-Public Crime para sa lahat ng tao

Crime
-An act or omission /commision
-Intent
-Committed by legally competent person
-Threatened the welfare of the society

SUBSTANTIVE CRIMINAL LAW

-Elements of the Crime

PROCEDURAL CRIMINAL LAW

-Proper Enforcement of S. C. L.

CRIMINAL LAW DEFINITION OF TERMS

1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their nature,
and provides for their punishment.
( PARA SA LAHAT NG TAO

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

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.

ARTICLES
11 J - JUSTIFYING my crimen subalit walang liability
12 E - EXEMPTING my crimen walang liability subalit pero datapwat my civil liability
13 M -MITIGATING baba degree From Reclusion perpetua to temporal
14 A -AGRAVATING taas degree from temporal to perpetua
15 A - ALTERNATING Absolutory Cause dahilan o nag udjok
16 WHO? Sino ang liable sa
17 PRINCIPAL- ikaw mismo gumawa
18 ACCOMPLICE- kamag anak
19 ACCESSORY - my alam ka sa crimen at nakinabang ka

BOOK 2

CRIME AGAINST PERSON

Always look for VICTIM AND RELATIONSHIP of

ABORTION
-Expulsion of Fetus
2 type of Abortion
therapeutic - physician or doctor, Without liability
Criminal
-intentional
Sadya
-unintentional
Di sadya

INFANTICIDE killing your own child

Less than 3 days /72 hours
Take note make it 71 Hours because of the word less than

PARRICIDE killing your own

Par1 father, mother /child - it's either legitimate or illegitimate
Par2 legal spouse
Par3 direct ascendant / descendant Legitimate

MURDER
Qualifying /Agravating circumstances

HOMICIDE
presume 'intent to kill'

Physical Injury
Due to out side force /without intent to kill
-Serious
-less serious
-slight

Treason- Pag tatraydor sa kanyang bansang tinitirhan.

Sedition- Pag aalsa ng private person without armed di lang po sila sa government nag aalsa or
nag rarally pwede din po sa mga private company or factory.
Rebellion- Pag aalsa Laban sa government ng private person with armed like ng mga terrorist
group
Coup De etat- kawani ng government like afp or pnp na against sa government at sila ay nag
aalsa Laban sa gobyerno.

👌👮♂️
NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there in no law punishing it.

IGNORANTIA FACTI EXCUSAT- ignorance of the law

ACTUS NON FACIT REUM NISI MENS SIT REA- the act itself does not make a man guilty unless
his intention was so.
ACTUS ME INVITO FACTUS NONEST MEUS ACTUS- an act done by me against my will is not my
act.

ERROR IN PERSONAE- mistake in identity of victim.

ABERRATIO ICTUS-mistake in blow

PRAETER INTENTIONNEM-result done is greater than that originally intended.

Acquisitive crime - yan yung crime na property lng ang kinukuha which is hindi ito
nagproproduce ng destruction of property or life. For example robbery, theft and etc.

Extinctive - yan naman ung mga crime na may destruction of property. For example arson,
damage to property an etc.

Static crime - yan yung na commit mo yung krimen which is in one place. For example murder.

Continuing crime - yan naman yung na commit mo yung krimen which is from several places.
For example: kidnapping, rebellion , abduction and etc.

CRIMES AGAINST PROPERTY

(MATERIAL TRANSFER)
ROBBERY - INTENT TO GAIN WITH FORCE
THEFT - INTENT TO GAIN WITHOUT FORCE
QUALIFIED THEFT - TRUST

(JUDICIAL TRANSFER)
ESTAFA - DECENT

PROCEDURE
RULE OF COURT
(110 OFFENSE) CRIMINAL CASE PRESUME INNOCENT NOT GUILTY

(111 CIVIL ACTION) CIVIL LIABILITY

(112 PRELIMINARY INVESTIGATION) 4 YEARS 2MONTHS AND 1 DAY

(113 ARREST) SEARCH WARRANT /WARRANT OF ARREST / ALIAS WARRANT /CITIZEN ARREST

(114 BAIL) PCCR =Property bond, Corporate surety bond, Cash bond, Recognizance
(115 RIGHT OF ACCUSED) MIRANDA DOCTRINE
RIGHT TO REMAIN SILENT

(116 PLEA) GUILTY OR NOT GUILTY

(117 MOTION TO QUASH) IPABASURA ANG KASO

BASE ON MERITS

(118 PRE TRIAL) PRESENTATION OF EVIDENCE (JUDICIAL OFFER)

(119 TRIAL) RIGHT TO SPEEDY TRIAL

(120 JUDGEMENT) CONVICTED OR AQUITTAL

(121 NEW TRIAL OR RECONSIDERATION)

REBUTTAL OR SUR REBBUTAL

(122 APPEAL) MTC TO SUPREME COURT

(123 PROCEDURE MTC)

(124 PROCEDURE RTC)
(125 PROCEDURE SUPREME COURT)

(126 SEARCH AND SEIZURE)

(127 PROVISIONAL REMEDIES IN CRIMINAL CASES.) The provisional remedies in civil actions,
insofar as they are applicable, may be availed of in connection with the civil action deemed
instituted with the criminal action.

Witness --- man of the hour in court .

Victim ---- the forgotten one.
Offender -- the principal character to the CJS
Suspect --- One who implicated to the commission of a crime (subject of investigation)
Respondent --- person who is a subject of Preliminary investigation or inquest proceeding.
Accused --- person who charged of an offense in court and facing trial.
Appelant --- one who filed an appeal .
Criminal --- who is found guilty by final judgment
Police --- initiator or prime mover of the CJS
Pardonee --- one who is given pardon.
Parolee --- one who is granted with parole.
Probationer --- one whose application for probation was granted.
Petitioner --- one who files an application for Probation,parole and pardon
Criminologia ---- (Italian word) Raffaelle Garofalo 1885
Criminologie ---- (French word) Paul Topinard 1887
R.A 6506 --- Act creating the Board of Examiners for Criminologists in the Phil. And other
purpose.(approved/effective=July 1,1972)
Criminal ecology --- study of criminality in relation to the spatial distribution in a community.
Criminal epidiomology ---- study of the relationship between environment and criminality.
Criminal psychiatry --- study of human mind in relation to criminality.
Criminal psychology ---- study of human behavior in relation to criminality.
Criminal demography --- criminality and population.
Criminal physical anthropology ---- study of criminality in relation to Physical constitution of
men.
Victimology ---- study of role of victim in the commission of the crime.
Criminal Etiology --- study of the cause or the origin of crime.
Penology ---- control and prevention of crime and the treatment of youthful offender.
Sociology ---- study of human society, its origin ,structure,functions and directions.
Criminological research ---- study if crime correlated to with antecedent variables ,state of the
crime trend.
Delinquency ---- act not inconformity with the norms of society .
August Comte --- Father of sociology
Emile Durkheim --- father / modern sociology .
Mala prohibitum crime ---- acts that are outlawed because they clash with current norms and
public opinion ,such as tax ,traffic and drugs law.
Mala in se crime --- acts that outlawed because they violate basic moral values such as rape,
murder ,assault and robbery .
Mass murder --- killing a large number of person at one time.
Hypoglycemia --- which the glucose in the blood falls below levels/efficient brain functioning .
Hyperglycemia --- high blood sugar
Marital rape ---- forcible sex between legally married partners.
Statutory rape ---- sexual relation between an minor female and an adult male.(11yrsold below)
Jeremy Betham --- pain and pleasure
Cesare Becarria --- Free will theory
Edwin Sutherland ---- who introduced the ff definition of criminology. "Dean of criminology "
Gabriel Tarde ---- introduced the "Theory of imitation - suggestion "
Enrico Ferri ---- "Theory of imputable and denial of Free Will.
Ada juke --- Mother of criminals.
Henry Goddard ---- He was the first person to use the term "MORON"
Robert Merton ---- applied the theory of anomie of Durkheim to criminology
August Aichorn --- "Latent delinquency "
Ego --- "reality principle "
Id ---- "pleasure principle "
SuperEgo ---- resulted from incorporating within the personality the moral standards and values
of parents,community /others /tell what is right from wrong.
Oedipus complex ---- Electra complex in man.
Electra complex ---- girls begin to have sexual feeling for their father's .
Erik Erikson ---- "identity crisis"
Monogamy --- one marriage (1 man and 1woman )
Polygamy --- marriage of one man with two or more wife.
Polyandry --- marriage of one woman with two or more husband.
18-70 --- full responsibility
18 --- age of majority or legal age

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

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

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

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

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

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

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

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

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

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

18. ATTEMPTED FELONY- when the offender commences the commission of a felony directly by
overt acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.

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

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

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

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

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

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

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

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

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

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

29. JUSTIFYING CIRCUMSTANCES- are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the law and is
free from both criminal and civil liability.
30. EXEMPTING CICUMSTANCES (non-imputability) - are those grounds for exemption from
punishment because there is wanting in the agent of the crime any of the conditions which
make the act voluntary, or negligent.

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

32. AGGRAVATING CIRCUMSTANCES- are those which, if attendant in the commission of the
crime, serve to increase the penalty without, however, exceeding the maximum of the penalty
provided by law for the offense.

33. GENERIC (kind of aggravating circumstances) - those that can generally apply to all crimes.

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

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

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

37. ALTERNATIVE CIRCUMSTANCES- aggravating or mitigating according to the nature and

effect of the crime and other conditions attending its commission.

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

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

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

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

42. IGNOMINY- moral suffering

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

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

45. RECIDIVISM- when the time of trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of the revised penal code.

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

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

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

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

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

imposed.

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

52. ABERRATIO ICTUS- mistake in the blow

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

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

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

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

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

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

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

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

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

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

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

allegiance to it.

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

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

66. CORRESPONDENCE- is communication by means of letters, or it may refer to the letters

which pass between those who have friendly or business relations.

67. DOCUMENT- is any written statement by which a right is established or an obligation

extinguished. A document is a writing or instrument by which a fact may be proven and
affirned.

68. PIRACY-it is robbery or forcible depredation on the high seas, without lawful authority and
done with animo furandi and in the spirit and intention of universal hostility.

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

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

71. SEARCH WARRANT- is an order in writing issued in the name of the People of the Philippines
signed by a judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court.

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

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

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

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

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

77. VIOLATION OF NEUTRALITY - The penalty of prision correccional shall be inflicted upon
anyone who, on the occasion of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of enforcing neutrality.

78. FLIGHT TO ENEMY'S COUNTRY. - The penalty of arresto mayor shall be inflicted upon any
person who, owing allegiance to the Government, attempts to flee or go to an enemy country
when prohibited by competent authority.
79. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS - The penalty of reclusion temporal
shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall seize the whole or part of the cargo
of said vessel, its equipment, or personal belongings of its complement or passengers

80. EXPULSION - The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his residence.

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

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

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

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

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

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

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

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

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

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

91. BRIGANDAGE- is a crime committed by more than three armed persons who form a band of
robbers for the purpose of committing robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other purpose to be attained by means of
force and violence.

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

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

94. FENCING- is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of value which he knows, or should
be known to him, to have been derived from the proceeds of the crime of robbery or theft.

95. ENCUMBRANCE- the term incumbrance includes every right or interest in the land which
exists in favour of third persons.

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

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

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

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

100. COHABIT- the term cohabit means to dwell together, in the manner of husband and wife,
for some period of time, as distinguished from occasional, transient interviews for unlawful
intercourse.
101. SEDUCTION- seduction means enticing a woman to unlawful sexual intercourse by promise
of marriage or other means of persuasion without use of force.

102. ABDUCTION- is meant the taking away of a woman from her house or the place where she
may be for the purpose of carrying her to another place with intent to marry or to corrupt her.

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

104. LIBEL- is a defamation committed by means of writing, printing, lithography, radio,

phonograph, painting or theatrical or cinematographic exhibition, or any similar means.

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

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

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

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

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

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

111. MUTILATION- means the lopping or the clipping off of some part of the body.

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

113. ARREST- A restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law
114. PROOF- It refers to the accumulation of evidence sufficient to persuade the trial court.

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

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

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

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

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

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

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

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 facto
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 there to 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 CRIM SOCIO
CRIMINAL ETIOLOGY- the scientific analysis of all crimes, the Couse of all crime
SOCIOLOGY OF LAW, scientific analysis of the condition under which criminal law was
developed
ETYMOLOGY-accusation and study (Italian word criminlogia by: Raffaele Garafalo)
PRE-CLASSICAL- also known as demonological school, believe that people that commit crime
are demons (Retribution) (Aristotle, Plato's)
CLASSICAL- the enlightenment period, free will, hedonistic (pleasure and pain)
(cesare becarria, Jeremy Bentham)
NEO CLASSICAL- began during French revolution, introduce the application of mitigating
circumstances in imposing penalties.
POSITIVIST/ITALIAN- emphasized the study that criminals are caused by physical stigmata,
atavism, physical features, and biological inheritance
(The holy 3 LOMBROSO, GARAFALO, FERRI)
CESARE BECARRIA- he proposed his great essay "On Crime and Punishment" (Social Contract
Theory)
*Demonstrated the fault and recommended remedies that all persons violated a specific law
should receive identical punishment regardless of the age, sanity, position and circumstances
JEREMY BETHAM – prolific writer – Greatest Happiness? (Principle of Utility)
PARICIDE-Pag patay sa tatay o nanay ng 1 anak, o Pag patay ng lolo sa knyang apo,o Pag
patayan ng mag asawa (dapat ay kasal)
HOMICIDE- di sadyang pagptay ng 1 tao
MURDER- pag patay na pinagplanuhan, sa likuran sinaksak o binaril, niresbakan, patraydor,
karumal dumal, at walang laban ang biktima.
INFANTICIDE- pag patay sa sanggol na less than 3 days old. Kpg lgpas na 3 araw ang bata ang
kaso ng pumty na my edad na ay murder dahil s puntong yon ay walang laban ang bata sa kanya
ABORTION-makasalanang pag papalaglag sa sinapupunaan ng bata.
PHYSICAL INJURIES-pananakit sa 1 tao na magdudulot ng pasa o pagkabali ng katawan o paltos
UNJUST VEXATION-pang aasar,pangu2tyao pang iinis sa isang tao sa harap ng marami o ibang
tao.
MALICIOUS MISCHIEF- paninira ng gamit ng iba
VANDALISM-ipinagbabawal n pagsusulato pagbaboyo pagdudumi ng 1 pader o khit anong bwal
Sulatan.
VAGRANCY-bagansya, ipingbabawal n pag gala tuwing gabi.
ALARM &SCANDAL-pag wawala, pag ssigaw, pang gugulo s thimik na lugar. (mdalas to s mga
lasing na nagwawala tuwing gabi ongsisiga-sigaan).
FORGERY-pamemeke nggID, card, files o ng kahit anong dokumento.
PERJURY-nanumpa na mgssbi ng katotohanan sa harap ng judge tpos babawiin.
GRAVE THREAT-matinding pananakot s 1 tao sa pmmgitan ng pgba2nta s buhay.
USURPATION OF AUTHORITHY pag panggap na sya ay pulis,nbi, khit hindi.
ILLEGAL USE OF INSIGNIA/UNIFORM-
Pagsusuot ng uniporme ng pulis,tsapa o rango
ABDUCTION-pagtanan sa isang babae,
SEDUCTION-pang aakit n malaswa sa isang babae.
ACT OF LASCIVIOUSNESS -pang hihipo o bastos na gawain ng lalake s harap ng babae.
LIBEL-pnnrang puri o ng dangal ng 1 tao sa pammaraan ng pnaskil s bilbord,s dyaryo,tva
magazine, radio,
SLANDER- paninirang purio ng dangal ng 1 tao sa pmmraan ng( minura s harap ng ibang tao,
sinabihan ng pokpok yang babae na yan,kabeto kirida,
SLANDER BY DEED- nasira ang dangal ng 1 tao sa harap ng iba dahil cnmpal sya,sinabunutan, o
dinuraan.
BIGAMY-nakasal n kinasal p ulit s iba.( kpg ptay no din mkita dhil nwwla ung asawa, dpat ay
lumipas muna ang 7 taon bgo mgpaksal muli s iba)
CONCUBINAGE-ang lalake ayksal ngunit may kabit at dinadala s bahay ng pmilya,
ADULTERY- ang babaeng kasal n ay nakikipagsama pa sa ibang lalake o nkikirelasyon.
ARBITRARY DETENTION-Pulis, baranggay o opisyal soras ng trabaho ngkulong ng tao o may sala
s loob ng I araw s kulungan n wala namang isinasampa o issmpang kaso.
ILLEGAL DETENTION-kahit cnong taon magkukulong s 1 pang tao ng 1 araw o mahigit (kht s
corog loob ng kwarto, cabinet,o kulungan man ng aso )
KIDNAPPING-pag kuha, pagdukot o pagtago s bata o tao ng mahigit 1 araw n may hinihinging
kapalit.
ROBBERY-pag kuha sa I bagay o gamit, pag mamay ari ng iba ngomitan ng dahas,paninira, o
pananakot
( Mga uri ng halimbawa)
Robbry Snatching- Hinablot
Robbery Hold-up-Hinoldap
Robbery with d use of force-Para mpsok ang bhy cnira ang pinto o bintana.
THEFT- pagkuha s 1 bagay o pag mamay ari ng palihim, salisi, padukot, ondampot khit alam
kung cno my ari ngunit d cinoli.
(Mga uri ng halimbawa)
Shoplift-,salisi, budol-budol
TRESPASS TO DWELLING pag pasok s bahay ng iba ng di alam o walng phintulot ng may-ari.
(trespassing lang nksnayn n slita d2)
MUTILATION-pag putol s parte ng katawan ng buhay n tao hal. Tenga, dila, o ari
ESTAFA- may kasunduan o may kontrata s ngunit d tinapos byaran o tinaksan
SWINDLING-planadong panloloko s pmamaraan ng peraghal. Ahente o negosyante pagkatapos
byaran o makuha ang pera o bayad ay tatakasn, may bnenta ngunit palpak
(hal.
Budol-budol at illegal recruit)
TREASON-pag ttksil s sariling bayan s oras ng pkikidigma o pakkpag away s ibang bansa
ESPIONAGE- paniniktik ng di kilalang tao o dayuhan s loob ng sskyang pndigma ng pilipinas
MUTINY- pag aklas o pag aaklas-(Hal. Sundalo di Sumunod s superior officer para mag aklas..
( MAGDALO SOLDIERS )
EXPULSION- public officer o empeyado ang nag pa alis s tinitrhan na hindi naman autorisado
magpa layas.
CRIME OF KILLING
A. HOMICIDE = the killing of human being by
another
B. PARRICIDE = The act of killing one's own father,
mother, spouse, or child.
C. INFANTICIDE = killing of an infant less than 3
days old.
D. SORORICIDE = killing of one's own sister.
E. FRATRICIDE = killing of one's own brother.
F. MATRICIDE = killing of a mother by her own child.
G. PATRICIDE = killing of a father by his own child.
H. UXORICIDE = act of one who murders his wife.
I. ELDERCIDE = the murder of a senior citizen.
J. ABORTION(aborticide) = an act of
destroying(killing) a fetus in the womb.
K. SUICIDE = taking one's own life voluntarily and
intentionally.
L. REGICIDE = the killing or murder a king.
M. VATICIDE = the killing of a prophet.
N. EUTHANASIA = mercy killing or the act or practice of painlessly putting to death a person's
Suffering from incurable and distressing disease.
O. INVOLUNTARY MANSLAUGHTER = a homicide that occurs as a result of acts that are
negligent and without regard for the harm they may cause others, such as driving while under
the influence of liquor or drugs. (Also known as negligent manslaughter).
P. VOLUNTARY MANSLAUGHTER = a homicide committed in the heat or passion or during a
Sudden quarrel; although intent may be presenta malice is not
Q. MASS MURDER = the killing of a large number of people in a single incident by an offender
who typically does not seek concealment or escape.
R. MURDER = the an lawful killing of a human being with malicious intent.
S. SERIAL MURDER = the killing of a large number of people over time by an offender who seeks
to escape detection.