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Napolcom Personal Reviewer: 1. Premeditation

The document defines and explains several legal terms related to criminal law in the Philippines. It defines premeditation, plaintiff, defendant, parricide, homicide, violation of domicide, trespassing, libel, qualified seduction, and simple seduction. For each term it provides the legal definition, relevant laws, and penalties associated with violating these laws in the Philippines.
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100% found this document useful (1 vote)
239 views3 pages

Napolcom Personal Reviewer: 1. Premeditation

The document defines and explains several legal terms related to criminal law in the Philippines. It defines premeditation, plaintiff, defendant, parricide, homicide, violation of domicide, trespassing, libel, qualified seduction, and simple seduction. For each term it provides the legal definition, relevant laws, and penalties associated with violating these laws in the Philippines.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

NAPOLCOM PERSONAL REVIEWER

VOCABULARY:
1. Premeditation​- ​pre·med·i·ta·tion ​/prēˌmedəˈtāSHən/
noun
the​ ​action of planning something (especially a crime) beforehand.
example : ​"the defendant said there was no planning or premeditation"
synony ​ planning, intent, forethought, preplanning, advance planning,
ms: prearrangement, deliberation;
What is the legal definition of premeditation?
Premeditation Definition​: Specific intent to commit a crime for some period of time, however
short, before the actual crime. Related Terms: Deliberate, First Degree Murder. In many
jurisdictions, ​premeditation​ is the difference between first and second degree murder.

Plaintiff: ​plain·tiff ​/ˈplān(t)if/ ​noun


a person who brings a case against another in a court of law.
"the plaintiff commenced an action for damages"

Defendant:​ de·fend·ant ​/dəˈfendənt/ ​noun


an individual, company, or institution sued or accused in a court of law.
"the defendant tried to claim that it was self-defense"
synonyms: Accused

Who is a plaintiff and a defendant?


A ​plaintiff​ is the person who brings accusations against the ​defendant​.
The ​plaintiff​ is the person bringing a lawsuit to court, by filing a plea or motion. More frequently
these days, in civil law cases, a ​plaintiff​ is often called a claimant. ... The ​defendant​ is the
person being sued or the person against whom the complaint is filed.

Abduction:​ ab·duc·tion ​/abˈdəkSH(ə)n/ ​noun


1. 1.
the action or an instance of forcibly taking someone away against their will.
"they organized the abduction of Mr. Cordes on his way to the airport"

TECHNICAL TERMS:
Parricide​ : ​par·ri·cide ​/ˈperəˌsīd/
Noun
the killing of a parent or other near relative.
*a person who commits parricide.
Philippine​ Criminal ​Law​:
What is ​parricide? ​
Parricide is a criminal act of killing his father, mother, or child, whether legitimate or illegitimate,
or any of his ascendants, descendants, or his spouse, hall be punished by the penalty of
reclusion perpetua to death.

Homicide​:​ hom·i·cide ​/ˈhäməˌsīd/


Noun
1. the deliberate and unlawful killing of one person by another; or murder.
"he was charged with homicide"
Synon murder, killing, assassination, liquidation, extermination, execution, slaughter,
butchery, massacre;
2. ​Homicide​ is the act of one human killing another. A ​homicide​ requires only a volitional act
by another person that results in death, and thus a ​homicide​ may result from​ accidental,
reckless, or negligent acts even if there is no intent to cause harm.
Includes causes of death​: Capital punishment; Manslaughter

“Under ​Section 19.01 of the Penal Code​ it states: “A person commits criminal homicide if he
intentionally, knowingly, or with criminal negligence causes the death of an individual.” In Texas,
there are four types of criminal homicide: 1) murder, 2) capital murder, 3) manslaughter, and 4)
criminally negligent homicide.”

*What is the penalty for homicide in the Philippines?


The ​penalty​ for frustrated ​homicide​ is prision mayor, i.e., one degree lower than reclusion
temporal ​which is the penalty​ for consummated h ​ omicide.​ Art. 250 in relation to Article 50 of
the Revised Penal Code.

*What's the difference between homicide and murders?


Homicide​ is the ​killing​ of one person by another. ​Murder​ is a form of criminal​homicide​, where
the perpetrator intended to kill the other person, sometimes with premeditation (a plan to kill).
Manslaughter is another type of criminal ​homicide​. ​Homicides​ are criminal, excusable, or
justifiable.

Violation of Domicile

What is violation of domicile?

– The penalty of prision correcctional 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. ​Section Two- Violation of Domicile. Art.
128. Violation of Domicile.

What is the penalty for trespassing in the Philippines?

280. Qualified trespass to dwelling.​ — Any private person who shall enter the dwelling of
another against the latter's will shall be punished by arresto mayor and a fine not exceeding
1,000 pesos.
Can a person go to jail for libel?

Libel​ is written and ​slander​ is spoken, but they both refer to a harmful and false statement
about another ​person​ or party and they're illegal. ​Defamation​ is a “tort,” which is a civil offense.
That means you ​can​'t ​go to jail​ for it, but you ​can​ be sued in civil court and made to pay money
to the ​person​ that sued you.

What is Qualified seduction?

Qualified seduction​ is a crime punished under our criminal laws for the act of ​seducing​ a
virgin aged 13 to 17 years old by certain persons such as a person in authority, priest, teacher,
and the like. ... The good reputation of the offended party may still fall under the “virgin”
meaning​ of the law.

What is simple seduction?

Elements of Simple Seduction: ​(338) That the offended party is over 12 and under 18 years of
age. That she must be of good reputation, single or a widow. That the offender has sexual
intercourse with her. That it is committed by means of​ deceit.

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