Definition of Terms Flashcards
Abortion
refers to the expulsion of the fetus before the sixth month or before the term of its viability, that is capable of sustaining life. But as long as the fetus dies as a result of the violence used or the drug/s administered the crime of abortion exists, even if the fetus is at full term.
Abortion with consent
refers to the crime committed by a person who intentionally causes an abortion by acting (administering drugs or beverages) with the consent of the pregnant woman.
Adulterated
refers to any article in which various mixtures or articles not specified in the original ingredients were mixed or added.
Caveat Emptor
refers to a rule which requires the purchaser to beware of the supposed title of the vendor and one who buys without checking the vendors’ title, takes all the risks and losses consequent to such failure. In English, it means “Let the buyer beware.” It is a doctrine by virtue of which a purchaser must beware and be careful to take all due precautions and employ the necessary diligence to ensure his lawful acquisition, for he buys at his peril.
Dynamites, gunpowder or other explosives shall include matches and other articles of like nature and may fairly be held to include also kerosene, oil, gasoline and similar products of a highly inflammable and explosive character.
Explosives
means any substance, either solid or liquid, mixture or single compound, which by chemical reactions liberates heat and gas at high speed and causes tremendous pressure resulting in explosion.
Gambling
In its broader significance, gambling relates to play by certain rules at cards, dice or other contrivance, so that one shall be the loser and the other the winner. Gambling has always had a restricted legal definition in this jurisdiction which included only those games the result of which depends wholly or chiefly upon chance or hazards. Games the result of which depends wholly or chiefly upon skill are excluded from the operation. A principal, consensual, bilateral, onerous, and aleatory contract by which two or more persons agree that the losers pay a certain thing to the winners.
Game of chance
refers to a game which depends more on chance or hazards than a skill or ability.
Insurrection
refers a secret attempt to overthrow the government by means of force, violence and propaganda.
Lottery
refers to an species of gaming, which may be defined as a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize. There are three elements that enter a lottery scheme a consideration, chance, and a prize or some advantages or inequality in amount or value which is in the nature of a prize.
Masochism
refers to an irregular form of sexual act that obtains pleasure from the person’s own pain and suffering.
Misbranding or misbranded
refers to false or misleading labelling. It indicates a positive overt act of either changing the true label of a merchandise to another or of printing or painting upon the merchandise a brand or label which does not represent correctly the kind, class, or quality of its content.
Obscene or obscenity
refers to an act or acts offensive to chastity, decency, or delicacy or portraying to the mind or view something that delicacy or decency forbid to be expressed.
Rebellion
refers to an open resistance to overthrow the government by reason of misery or pityness of the masses
Sadism
refers to an act of obtaining sexual pleasure out of the pain and humiliation of the opposite sex.
Sedition
refers to a crime committed by persons who rise publicly in order to attain by force, intimidation, or by other means outside of legal methods, any of the following: 1.) to prevent the promulgation or execution of any law of the Philippines; 2.) to prevent the holding of any popular election; 3.) to prevent the national government, or any provincial, or municipal government, or any public officer thereof from freely exercising its rights and/or functions, or prevent the execution of any administrative order; 4.) to inflict any act of hate or revenge upon the person or property of any public officer or employee; and 5.) to commit for any political or social end, any act of hate or revenge against private persons or any social class.
Subversion
refers to an organized crime for the purpose of overthrowing the government of the Philippines with the open or covert assistance and support of a foreign power by force, violence, deceit, or other illegal means.
Sweepstakes
refers to a gambling scheme whereby the winners are determined by the use of a fool-proof device consisting of a drum in which the tickets are contained, which is turned around many times in order to thoroughly mix the tickets and then a specified number about 10 is picked up and is paired with a horse which runs in a race; and the first, second, third, etc. prizes are thus decided, according to the order in which the horses win first, second, third, etc. places.
Treason
refers to a crime committed by any person who, owing allegiance to the government of the Philippines, not being a foreigner, levies war against it or adheres to its enemies, giving them aid or comfort within the Philippines or elsewhere.
Unintentional abortion includes four elements:
1.) The woman is pregnant;
2.) violence is used upon such pregnant woman without intending an abortion
3.) The violence is voluntarily exerted; and
4.) As a result of violence the fetus died, either in the womb or after having been expelled therefrom.
Weapons of war
includes not only a firearm and sharp or cutting instrument but also stones, clubs, and any other object with which some physical injury may be inflicted.
Sovereign Functions
governmental functions performed by an accountable officer of the BOC
Non-Sovereign Functions
ancillary functions that proved necessary support to the sovereign functions of the BOC
Outsourcing
refer to any contractual arrangement between the Bureau and qualified and competent private entity for the latter to perform designated non-sovereign and/or ancillary functions of behalf of the Bureau
