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
Refers to visible and conspicuous physical ugliness, permanent and definite abnormality.
Deformity
A degree is one entire penalty, one whole penalty or one unit of the penalties enumerated in graduated scales provided for in graduated scales.
Degree of Penalty
Requisites: That at least two offenses are committed; That one or some of the offenses must be necessary means for committing the other and that both or all the offenses must be punished under the same statute.
Delito Complejo- (Complex Crime Proper)
Requisites: That only a single act is performed by the offender. And That the single act produces two or more grave or less grave felonies. Detention - Refers to the act of confinement or restraint upon persons.
Delito Compuesto (Compound Crime) -
Refers to the act of confinement or restraint upon persons.
Detention
Committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.
Direct Bribery
Means that mental capacity of a minor between nine and fifteen years of age to fully appreciate or be aware of the consequences of his unlawful act.
Discernment
The felony committed by any person with no intent to kill or injure shall shoot at another with any firearm.
Discharge of Firearms
Liberty of deciding as on thinks fit within certain parameters or limits.
Discretion
Resorting to any devices to conceal identity.
Disguised
A felony committed by public officers or employees who have failed to resist a rebellion by all the means in their power or those who shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.
Disloyalty of a Public Officer of Employee
Refers to a felony done by employing force or intimidation, or shall attack, seriously intimidate or resist any person in authority or his agents while engaged in the performance of official duty.
Direct Assault
An offense committed by any public officer who shall agree to perform in connection with his official duties, in consideration of any offer, promise, gift or present received by him for through mediation of another.
Direct Bribery
Any written statement by which right is established or an obligation is extinguished.
Document
Pertains to malice
Dole
A regular or formal combat previously concerted between two parties in the presence of two or mote persons by previous agreement as a result of a quarrel.
Duel
Refers to any structure or building exclusively devoted for rest and comfort. Dwelling is an aggravating circumstance when the crime is committed in the dwelling of the offended party. Dwelling is not aggravating in the following instances; When the offended Party in his dwelling gate sufficient and immediate provocation to the offender. When both the offender and the offended party are occupants of the same dwelling. Or When dwelling is inherent in the crime, such as in robbery with force upon things and in trespass to dwelling.
Dwelling
Include every right or interest in the land
Encumbrance
Crimes are triable in that country, unless they merely affect things within the vessel or they pertain to the internal management thereof.
English Rule
Refers to ways and means to trap and capture a law breaker while executing his criminal plan.
Entrapment
Mistake in the identity of the victim.
Error in personae
Offense of gathering, losing or transmitting information respecting the national defense with reason or intent to believe that the information is to be used to the injury of the Republic of the Philippines. It is punishable by the penalty of Prision Correctional.
Espionage
Known embezzlement under common law. It is a well-known crime to lawyers and businessmen. It is a continuing crime unlike theft. Being a public crime, it can be prosecuted de officio. Committed with the following elements: That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
Estafa
Commonly known as “mercy killing’ is the practice of painless putting to death another person who suffers from an incurable disease.
Euthanasia
Is that execution of the criminal act which is proceeded by cool thought and reflection upon the resolution to carry out the criminal intent.
Evident Premeditation
The criminal is punished to serve as an example to defer others from committing crimes.
Exemplarity
Refers to those grounds for exemption from punishment because there is wanting in the agent of the crime of any conditions which make the act negligent or voluntary.
Exempting Circumstances
Committed by an offender who retains a minor in his service; against the will of the minor and that it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.
Exploitation of Child Labor
A legislative act which changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; aggravates a crime than it was when committed and makes criminal an act done before the passage of the law and was innocent when done, and punishes such an act.
Ex-Post Facto Law
Committed by any public officer or employee who not being thereunto authorized by law shall banish or force out any person from the Philippine Islands or shall compel such person to change his residence.
Expulsion
Are genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock.
False keys
It is committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall say something contrary to it or denies the truth.
False Testimony
Acts or omissions punishable by the Revised Penal Code. Elements of Felonies: 1. That there must be an act or omission. 2. That the act or omission must be punishable by the Revised Penal Code (RPC). 3. That the act is performed or the omission incurred by means of dolo or culpa. 4. That the act or omission must have been voluntarily.
Felonies
Includes any person, firm, association, corporation or partnership or other organization who which commits the act of fencing.
Fence
Is an act of any person who with intent to gain for himself or for another , shall buy, receive, possess, conceal, sell or dispose of any article, 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 theft or robbery.
Fencing
Refers to any other name which a person publicly applies to himself without authority of law.
Fictitious Names
Judgment beyond the call; as long as a judgment has not become executory it cannot be truthfully said that the defendant is definitely guilty. In Philippine jurisdiction, there is final judgment when after the lapse of the 15 days reglamentary period upon receipt of the decision of a lower court, the convicted party did not file an appeal or a motion for new trial; or when a case on appeal has been decided with finality by the supreme court.
Final Judgment
A felony committed by any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.
Flight to Enemy’s Country
Refers to the abduction of any a woman against her will and with lewd design.
Forcible Abduction
A technical term in law which means the employment of force to effect entrance into the house or building by destroying the door, window, roof, wall or floor of the aforesaid house or building, In other words, the force upon things has no reference to personal property but to a house or building which is ordinarily classified as real property.
Force upon things
Are those unlawful acts which are consummated in one instant and there is no attempted stage.
Formal Crimes
Intentional perversion of truth, for the purpose of inducing another in reliance upon it to surrender a legal right or to part off some valuable thing.
Fraud
Crimes are not triable in the courts of the country, unless their commission affects the security of the territory, peace or safety of the state is endangered.
French Rule
Stage in crime development when the offender perform all the acts of execution which would produce the felony as a consequences but which nevertheless do not produce it by reason of causes of independent of the will of the perpetrator.
Frustrated Felony
Characteristic of criminal law which asserts that penal law is binding on all persons who live and sojourn in a specific territory. Persons exempt from the operations of our criminal laws by virtue of the principles of public international law: 1) Sovereigns and other chiefs of state; 2) Ambassadors; 3) Ministers plenipotentiary; 4) Minister’s resident; and 5) Charges d’ affaires.
Generality
Refers to those situations that generally apply to all crimes such as dwelling, recidivism or nighttime. if not offset by any mitigating circumstance, its effect is to increase the penalty which should be imposed upon the accused to the maximum period, but without exceeding the limit prescribed by law.
Generic Aggravating Circumstances
Refers to the unlawful act of any person who, without legal authority, by means of violence, intimidation or threat prevents another from doing something not prohibited by law or compel him to do something against his will whether wrong or right.
Grave Coercion
Are those to which the law attaches the capital punishment or penalties, which of their periods are afflictive in nature.
Grave Felonies
It consists of public acts which are offensive to good customs and decency, which gives rise to public scandals to persons who have accidentally witnessed the same.
Grave Scandal
Refers to the act of any person who shall threaten another with the infliction upon honor, person or property of the latter or of his family of any wrong amounting to a crime.
Grave Threat
An element of responsibility which refers to the disposition to violate the law manifested by some acts already done.
Guilt
A person is considered as a ________ if within a period of ten years from the date of his last release or conviction of the crimes of serious or less physical injuries, and found guilty of any aforementioned crimes a third time or more. Habitual delinquency shall have the following effects: Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correctional in its medium and maximum periods; Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.
Habitual Delinquent
Refers to a person given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It is unnecessary that it be a matter of daily occurrence.
Habitual Drunkard
Refers to any waters on the sea coast which are without the boundaries of low watermark. Or the portion of the ocean which is beyond the territorial jurisdiction of any country.
High Seas
Term used to denote illegal seizure and diversion of any vehicle.
Hijacking
Refers to the unlawful killing of any person, which is neither parricide, murder nor infanticide.
Homicide
A belief system promulgated by a group.
Ideology
A circumstance pertaining to the moral in order which add disgrace and suffering to the material injury caused by the crime.
Ignominy
Refers to any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code or any meeting in which the participants are incited to the commission of the crime of treason, rebellion, insurrection, sedition or assault upon a person in authority or his agents.
Illegal Assembly
Refers to associations partially or totally organized for the purpose of committing crimes under the RPC, or some purpose contrary to public morals.
Illegal Associations
Refers to an act committed by a private individual who unlawfully detains, kidnaps, or otherwise deprives a person of liberty.
Illegal Detention
Committed by any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.
Illegal Use of Uniforms or Insignia
while they are financially capable of supporting the needs of their children, they deliberately neglect to support the educational requirements of these children through plain irresponsibility caused by wrong social values.
Indifference of parents
Refers to a person who is completely deprived of discernment or reason and freedom of will at the time of the commission of the crime. This refers to a person who, while advanced in age has a mental development similar to that of children between two to seven years of age.
Imbecile
Paragraph 2 of Article 4 of the Revised Penal Code defines __________, to wit, ‘an act which would be an offense against persons or property. Were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means’. Requisites of Impossible Crime 1. That the act performed would be an offense against persons or property. 2. That the act was done with evil intent. 3. That is accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. 4. That the act performed should not constitute a violation of another provision of the Revised Penal Code.
Impossible Crime
Refers to one’s inability to copulate (inability to achieve erection in man)
Impotent
Indicates deficiency of action or usually involves lack of skill. It consists in the lack of care or precaution displayed in cases in which injury to another or damage Impending to be caused is not clearly manifested.
Imprudence
Implies that a deed may be ascribed (blame or credit) to a person as its owner or author.
Imputability
An abnormal and immoral act which involves intercourse or cohabitation between a man and a woman related to each other within the degree wherein marriage is prohibited.
Incest
This is committed by any public officer or employee who by unlawful or unauthorized acts provoke or gives occasion for a war or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons or property. There is no need of war going on. This may be committed in time of war or time of peace.
Inciting to War or giving Motives for public Reprisal
Obscene, willful, open and lewdly revealing or divulging any private or sensitive organ in any public place within full view.
Indecent Exposure
Refers to an offense committed by any public officer who accepts gifts offered to him by reason of his office.
Indirect bribery
Felony committed with the following elements: That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody and that the offender induces a minor to abandon such home.
Inducing a minor to abandon his Home
The killing of a child less than three days of age.
Infanticide
Refers to those that must of necessity accompany the commission of the crime. E.g. evident premeditation in cases involving theft, robbery concubinage and adultery.
Inherent Aggravating Circumstances
Refers to the act done by public officers or private detectives of persuading the would be defendant into committing the offense and would arrest the latter upon after the commission of the crime.
Instigation
Refers to a movement which seeks merely to affect some change of minor importance, or to prevent the exercise of a governmental authority.
Insurrection
Refers to the purpose to use a particular means to effect such consequences.
Intent
A felony committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion
Interruption of Religious Worship
An indispensable element in the crime of threat. The very essence of threat is to sow fear, anxiety and insecurity in the mind of the offended party. It is done by threatening to commit the crime upon the person, honor and property of the offended party. There is a promise of some future harm or injury.
Intimidation
Refers to the final disposition and determination of the court upon matters submitted to it, in an action or proceeding.
Judgment
Refers to those situations where the act of a person is said to be in accordance with law so that such person is regarded not to have transgressed the law and is free from both criminal and civil liability, except in state of necessity where the civil liability shall be borne by the person who benefited by the act.
Justifying Circumstances
A felony committed by an offender is a private individual, he kidnaps or detains another, or in any other manner deprives the latter of his liberty, the act of detention kidnapping must be illegal and that in the commission of the offense. If any of the following circumstances are present becomes serious illegal detention : that the kidnapping/detention lasts for more than 3 days or that it is committed simulating public authority or that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or that the person kidnapped or detained is a minor (except if parent is the offender (female or a public officer )
Kidnapping and Serious Illegal Detention -
Are those which the law punishes with penalties which in their maximum period are correctional, such as Prision Correccional and Arresto Mayor.
Less Grave Felonies
It requires that there must be an actual assembly of man for the purpose of executing a treason design by force.
Levies War
May be demonstrated by the lascivious acts performed by the offender on her. Since this crime does not involve sexual intercourse, if the Victim is subjected to this, then a crime of rape is further committed and a complex crime of forcible abduction with rape is committed. Lewd design does not include sexual intercourse.
Lewd design
Refers to the public and malicious imputation of a vice, crime or defect which tends to dishonor, discredit a natural person or blacken the memory of the dead.
Libel
Refers to the unlawful act of any person who by means of violence shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt.
Light Coercion
Are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both. Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.
Light Felonies
Refers to the act of any person who shall intimidate or pressure another with the infliction upon honor, person or property of the latter or of his family of any wrong not constituting a crime.
Light Threat
A wrongful and inherently immoral act from their nature generally defined and penalized by the Revised Penal Code.
Mala Inse
Refers commonly to acts made criminal by virtue of Special laws.
Mala Prohibita
Refers to the performance of some acts which ought not to be done.
Malfeasance
Refers to the intention to do an injury to another.
Malice
Refers to the willful damaging of another’s property for the purpose of causing damage due to revenge, hate or other evil motive.
Malicious Mischief
Crime charged against any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.
Maltreatment of Prisoners
Applied to all offenses committed in the exercise of the performance of duty such as embezzlement (create fake paper trails — receipts, canceled checks, false signatures — to hide their crime) , larceny (legal term for stealing) and corruption (dishonest action that destroy someone’s trust)
Malversation
The three (3) mile limit beyond our shore measured at low tide.
Maritime Zone
Legal term which shows criminal intent on the part of the offender. (Guilty mind)
Mens Rea
Refers to coins below ten centavo denomination.
Minor Coins
Refers to the improper performance of some act which might lawfully be done.
Misfeasance
Refers to the concealment of a person owing allegiance to a country knowledge regarding conspiracy to commit treason.
Misprision of Treason
Refers to misapprehension (you make a mistake trying to understand something) of detail reality on the part of the person who caused the injury to another. It makes the person not criminally liable by reason of the absence of criminal intent.
Mistake of Facts
Are those which if present in the commission of the crime, do not entirely free the actor from criminal liability but serve only to reduce the penalty. It is based on the diminution (reduction) of either freedom, intelligence or intent or on the lesser perversity (corrupt normally) of the offender.
Mitigating Circumstances
Is the moving power which implies one to action for a definite result.
Motive
Refers to the unlawful killing of any person which is not parricide, homicide or infanticide providing that any of the attendant circumstances is present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity; 2. In consideration of a price, reward, or promise: 3. BY means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity; 5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
Murder
Refers to the act of lopping (tapyas) or the clipping (cutting) off of some parts of the body.
Mutilation
Refers to the unlawful resistance to a superior officer, or raising of commotion or disturbance on board a ship against the authority of the commander.
Mutiny
This usually involves lack of foresight. Failure to observe proper attention and the use of due diligence (real degree of care and attention and effort) in anticipating the injury or damage impending to be caused.
Negligence
refers to a nation or power which takes no part in a contest of arms between others.
Neutrality
That period of darkness beginning at end of dusk and ending at dawn. The Civil Code defines it as from sunset to sunrise. (Art. 13, Civil Code of the Philippines). Not all the time, night time may be appreciated as an aggravating circumstance. Night time may be appreciated as an aggravating circumstance in the following instances: when it facilitated the commission of the crime; when it is especially sought for by the offender to insure the commission of the crime; or when the offender took advantage thereof for the purpose of impunity (does not have to fear punishment)
Night Time
Refers to the omission of some act which ought to be performed.
Nonfeasance
Any form of attestation by which a person signifies that Is bound in conscience to perform an act truthfully or faithfully.
Oath
It is that portion of the acts of the offender, where he has no more control over the same. All the acts of execution have been performed by him.
Objective Phase
To be of ‘full age” as one reaches his majority age.
Of Age
A felony committed by anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.
Offending the Religious Feelings
It refers to the failure to perform a positive duty which one is bound to do, otherwise known as inaction.
Omission
Committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities.
Open Disobedience
Refers to the act of shouting subversive or provocative words tending to stir up the people to obtain by means of violence or force any of the objects of sedition or rebellion.
Outcry
If attendant to the commission of a crime it is susceptible of being offset by any aggravating circumstance, if not offset by an aggravating circumstance, produces only the effect of applying the penalty provided by law in its minimum Period.
Ordinary mitigating circumstance
Also known as syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime.
Organized crime group
Felony committed with the following elements: That the offender enters the closed premises or the fenced estate of another; That the entrance is made while either of them is uninhabited; That the prohibition to enter be manifest; That the trespasser has not secured the permission of the owner or the caretaker thereof.
Other forms of trespass
It is some “physical activity or deed” indicating the intention to commit a particular crime, it is more than a mere planning or preparation.
Overt Act
Refers to the unlawful killing of a father, mother or child. Punished by the penalty of reclusion perpetua to death under the Revised Penal Code.
Parricide
Is the suffering that is afflicted by the state for the transgression of a law
Penalty
Refers to one of the three equal portions, called minimum, medium and maximum of a divisible penalty.
Period
Refers to the voluntary assertion as to a matter of fact, belief, opinion or knowledge made under oath as part of the evidence given in open court or in the form of affidavit that statements uttered, which are material to the issue in inquiry is known to a witness to be untrue, false and made under pretense.
Perjury
A person directly vested with jurisdiction.
Person in Authority
This include all the islands that comprises the Philippines.
Philippine Archipelago
Refers to all bodies of water around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its breadth, depth, length, dimension, arid all other waters belonging to the Philippines by historic or legal title, including territorial sea, sea-bed, insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.
Philippine Waters
Bodily hurt or harm inflicted to another by means of wounding, beating or assault.
Physical Injury
Refers to robbery or forcible depredation on the high seas without lawful authority and done with animo furandi (A latin term which means - With an intention of stealing). Punishable by a penalty of reclusion perpetua. Piracy is committed by 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.
Piracy
That man is subdued (Humina) Occasionally by a strange and morbid phenomenon which constraints him to do wrong, in spite of or contrary to his volition (will).
Crime is essentially a social and natural phenomenon, and as such, (a) it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and determined a priori; (b) but rather through the enforcement of individual investigation conducted by a competent body of psychiatrist and social scientists.
Positivist Theory of Criminal Law
When the injurious result is greater than that intended or the act exceeds the intent.
Praetor Intentionem
are those initial acts of a person who has conceived the idea of committing a crime, but which cannot by themselves logically and necessarily ripen into a concrete offense. They are not even overt acts and hence, they do not constitute the attempted stage of the acts of execution. The examples of preparatory acts are (1) conspiracy and proposal to commit a felony, and (2) buying or securing weapon to commit a crime, i.e. murder, homicide, robbery, etc. Generally, preparatory acts are not punishable because the law regards the as innocent or at least permissible, except in rare and exceptional cases.
Preparatory acts
Is the forfeiture or loss of the right of the state to prosecute the offender after a lapse of a certain time. Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other similar offenses shall prescribe in one year. The crime of oral defamation and slander by deed shall prescribe in six months. Light offenses prescribe in two months.
The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Prescription of Crimes
Refers to the forfeiture or loss of the right of the state to execute the final sentence after the lapse of a certain time.
Prescription of the Penalty
Refers to a person who is present at and participated in the crime charged or Who induces an innocent agent to Commit the crime.
Principals
