Criminal Law Flashcards
Willful desertion or forsaking of parental duties.
Abandonment
A felony committed by any public officer who, before the acceptance of his resignation, shall abscond his office to the detriment of the public.
Abandonment of office or position
A felony committed by failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.
Abandonment of Person in Danger and Abandonment of one’s Victim
Refers to the act of taking away a woman from her house or other place where she may be for the purpose of carrying her to another place with intent to corrupt or marry her.
Abduction
Mistake in the blow, occurs when the offender intending to do an injury to one person actually inflicts it on another.
Aberratio Ictus
The act of inducing another to commit a crime.
Abet
Latin word which means “from the beginning”
Ab Initio
Refers to violent expulsion of the embryo from the material womb which results in death of the fetus. Or the willful killing of the fetus in the uterus.
Abortion
The annulment or destruction of another law.
Abrogation
In order to hold one criminally liable for this crime, the offender must have abandoned the child with deliberate intent. The purpose of the offender must solely be avoidance of the obligation of taking care of the minor.
Abandoning a minor
Are those where the act committed is a crime but for reason of public policy and sentiment there is no penalty imposed.
Absulatory Cause
Failure to render or exercise sound and reasonable judgment.
Abuse of Discretion
Are those having knowledge to the commission of the crime and, without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
Accessory
An element of estafa and qualified theft it is determined from the trust reposed by the offerded party to the offender. It May also refer to the nature of the work of the offender which must necessarily involve trust and confidence.
Abuse of confidence
Refers to that penalty which is deemed included in the imposition of the principal penalty.
Accessory penalty
Refers to anything that occur outside the sway of man’s will.
Accident
Are person who not being included in Art 17. (RPC) cooperate in the execution of the offense by previous or simultaneous acts. Requisites: In order that a person may be considered as accomplice, the following requisites must concur: 1. There must be a community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; 2. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. There must be a relation between the acts done by the principal and those attributed to the person charged as accomplice.
Accomplice
Refers to any bodily, movement tending to produce some effect in the external world.
Act
An inevitable event occurring by reason of the operations of nature not the result of human agency o negligence. Also known referred to as “Force Majeure.”
Act of God
A felony by any person who commits any act of lasciviousness or lewdness that it is done under any of the following circumstances: by using force or intimidation, or when the offended party is deprived of reason or otherwise unconscious, or when the offended party is under 12 years of age.
Acts of lasciviouness
Intent to betray exists when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal his country’s policy or interest.
Adherence to the Enemy
Law on procedure and court organization; opposite of substantive law.
Adjective Law
Means to determine judicially.
Adjudicate
Refers to the act of introducing any dangerous drug into the body.
Administer
A private crime committed by a married woman who shall have sexual intercourse with another man not her husband; and a man who shall have carnal knowledge with a married woman.
Adultery
To the letter, word for word.
Ad Verbatim - (Latin)
Refers to a sworn statement in writing: declaration in writing made under oath before an authorized officer.
Affidavit
Refers to unlawful fighting which terrifies others of a reasonably firm character. A fight consisting of two or more persons in a public place.
Affray
A contract or relationship whereby a person binds himself to render some service or do some act in representation of another with the consent or authority of the latter.
Agency
One who by direct provision of law, or by appointment by competent authority, is charged with the maintenance of public order, protection and security of life and property, or one who comes to the aid of a person in authority.
Agent of a Person in Authority
Are those conditions which if attendant in the commission of the crime serve to increase the penalty without however, exceeding the maximum penalty provided by law for the offense.
Aggravating Circumstances
Destructive and injurious behavior that is socially defined as hostile and violent on the basis of several factors pertaining to the performer and the person making the evaluation.
Aggression
To act as an accessory in the commission of a crime.
Aid and Abet
Refers to an act which strengthens the enemy in the conduct of war against the traitor’s country or an act which weakens the power of the traitor’s country to repel or resist the attack.
Aid or Comfort
To act with treachery.
Alevosia
A name other than one’s own name, an assumed name.
Alias
Is meant the obligation of fidelity and obedience, which the individuals owe to the state under which they live or to their sovereign, in return for the protection they receive.
Allegiance
Are those which must be taken into consideration as aggravating or mitigating according to the nature and effect of the crime and other conditions attending its commission. The alternative circumstances are (1) relationship, (2) intoxication, and (3) the degree of instruction and education of the offender. The alternative circumstance of relationship shall be taken into consideration when the offended party is the (a) spouse, (b) ascendant (c) descendant, (d) legitimate, natural or adopted brother or sister, or (e) relative by affinity in the same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is (a) not habitual or (b) not subsequent to the plan to commit said felony. The intoxication of the offender is aggravating (a) when the intoxication is habitual or intentional or (b) when it is intentional or subsequent to the plan to commit the crime. Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating when the offender avails himself of his learning in committing the crime.
Alternative Circumstances
One who solicits cases for lawyers. Or a lawyer who actively solicits cases on his own behalf.
Ambulance Chaser
A friend of the court, who is allowed to introduce argument, authority or evidence upon some matter of law about which the court is mistaken or doubtful.
Amicus Curiae
Offense charged to any person who shall assume the performance of the duties and Powers of any public officer or employment without first being sworn in or having given the bond required by law.
Anticipation of Duties of a Public Office
Refers to a felony where a public officer or employee restrain and confine a person without legal grounds.
Arbitrary Detention
A correctional penalty, the duration of which shall be imprisonment from one month and one day to six months.
Arresto Mayor
A light penalty, the duration of which shall be from one day to thirty days of imprisonment and or a fine not exceeding 200 Pesos.
Arresto Menor
Malicious and willful destruction of property by fire.
Arson
Refers to the killing of an individual by treacherous means or design.
Assassination
Is merely a physical attack or is a threat to strike someone. The act of striking is referred to as battery.
Assault and Battery
It includes any offensive or antagonistic movement or action of any kind.
Attack
Stage of crime development 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.
Attempted Felony
Refers to more than three armed malefactors acting together in the commission of an offense.
Band
Refers to the unlawful act of any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved.
Bigamy
Refers to a legislative act which inflicts punishment without trial.
Bill of Attainder
Refers to the unlawful act of any public officer or employee who accepts an offer of a bribe from any person.
Bribery
Is a felony committed by more than three 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 any other purpose to be attained by means of force and violence.
Brigandage
Connected with heresy and apostasy it is a form of treason against the divine will.
Buggery
It includes any kind of structure used for storage or safekeeping
Building
A general term which denote theft or robbery. Refers to the act of breaking or entering a dwelling or building with the intent of committing a crime therein.
Burglary
It includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, horns, tins, and the like designed to insult or annoy.
Charivari
It deprives the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of the ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.
Civil interdiction
Is the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things. Any vehicle which is motorized using the streets which are public, not exclusively for private use is covered within the concept of motor vehicle under the Anti-Carnapping Law. A tricycle which is not included in the enumeration of exempted vehicles under the Carnapping Law is deemed to be motor vehicle as defined in the law, the stealing of which comes within its penal sanction.
Carnapping
One’s public station, or right or duty.
Civil Status
The basis of criminal liability is human free will and the purpose of the penalty is retribution. Man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself. It has regard to the human element endeavored to establish a mechanical and direct proportion between crime and penalty. And there is a scant.
Classical Theory of Law
Means to dwell together in the manner as husband and wife, for some period of time.
Cohabit
Refers to a piece of metal stamped with certain marks and made current at a certain value.
Coin
When an offense is a necessary means for committing the other. Otherwise known as complex crime proper. The two kinds of complex crimes are: Delito Compuesto or Compound Crime - When a single act constitutes two or more grave or less grave felonies. And Delito Complejo or Complex Crime Proper - when an offense is a necessary means for committing the other.
Complex Crime
Refers to a single act performed by the offender, that constitutes two or more grave or less grave felonies.
Compound Crime
Is a penalty prescribed by law, composed of three distinct penalties, each forming a period. The lightest of them shall be the minimum period; the next the medium period and the most severe shall be the maximum period.
Complex penalty
Refers to the act of a married man, who shall cohabit with his mistress in the conjugal dwelling, or shall have sexual intercourse under scandalous circumstances, with another woman who is not his legal spouse.
Concubinage
The person who manages or carries on the gambling.
Conductor
The abduction of a virgin woman over twelve and under eighteen carried out with her consent and with lewd design.
Consented Abduction
Exist when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy is punishable only in the cases in which the law specially provides a penalty therefor (Art. 8, 1st paragraph, RPC).
Conspiracy
A felony is consummated when all the elements necessary for its execution and accomplishment are present.
Consummated Felony
Act punished under the Rpc, the elements: There is a war in which the Philippines is involved; Two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort and they decide to commit it.
Conspiracy to Commit Treason
A continued crime is a single crime consisting of a series of acts but all arising from one criminal resolution.
Continuing Crime
Is a continuous unlawful act or series of acts sets on foot by a single impulse and operated by an uninterrupted force however, long a time it may occupy.
Continuing Offense
Means to desire or wish in common thing.
Cooperate
Means the actual commission of the crime charged or body of the crime.
Corpus Delicti
Refers to communication by means of letters or it may refer to the letters which pass between those who have friendly or business relation.
Correspondence
A felony committed by any person who in time of war shall have correspondence with an enemy country or territory occupied by enemy troops.
Correspondence with Hostile Country
Refers to an act done with an intent to give some advantage inconsistent with the rights of others and official duties.
Corruption
Refers to the imitation of a genuine or legal coin.
Counterfeiting
It is a swift attack, accompanied by violence, intimidation threat strategy or stealth, directed against duly constituted authorities, or any camp, installation, communications network public utilities needed for the exercise and continued possession of power, with or without civilian support.
Coup D’ Etat
Involves intellectual trickery and cunning on the part of the accused.
Craft
Refers to an act committed or omitted in violation of a public law forbidding and commanding it.
Crime
Is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.
Criminal Law
To be liable for fraudulent insolvency, the disposal of the merchandise must be done with malice. The mere circumstance that a person has disposed of his merchandise by removing them from the place where they were kept would necessarily imply fraud. What is required is actual prejudice to the creditor. The intention of the accused alone is not enough. bl felony with the following elements : That the offender is a debtor; that is, he was obligations due and payable; That he absconds with his property and that there be prejudice to his creditors.
Culpable Insolvency
Means that the wrongful act resulted from either imprudence, negligence, lack of foresight or lack of skill.
Culpa (Fault)
Means the act of knowingly planting growing, raising or permitting the plating.
Cultivate
Punished by destierro, it may be committed by any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury. Under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.
Death under Exceptional Circumstances
Means that the act is done with deliberate intent. In order that an act or omission may be considered as having been performed or incurred with deliberate intent, the following requisites must concur: I. The offender must have FREEDOM while doing an act or omitting to do an act; 2. The offender must have INTELLIGENCE while doing the act or omitting to do the act; and 3. The offender must have INTENT while doing the act or omitting to do the act.
Deceit or Dolo
It refers to a “public and malicious imputation” of a crime
Defamation
