ABDUCTION - taking away of a woman for the purpose of

marrying or corrupting her.

ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE
DEFINITION OF TERMS AND DISPENSING OF ABORTIVE – is committed by a doctor
or physician who shall cause an abortion or assist in causing
the same. Also, a pharmacist who without proper prescription
from a physician shall dispense any abortive.
IN
ABORTION PRACTICED BY WOMAN HERSELF OR BY HER
PARENTS – this is committed by a woman who shall practice
an abortion upon herself or shall consent that any other person
INTRODUCTION TO should do so.
PHILIPPINE CRIMINAL JUSTICE ABSOLUTE PERPETUAL DISQUALIFICATION – if the
SYSTEM principal offender is guilty of a grave felony.
ABSOLUTE TEMPORARY DISQUALIFICATION – if the
principal offender is guilty of a less grave felony.
ABSOLUTORY CAUSES – where the act committed is a crime
but for some reason of public policy and sentiment, there is no
penalty imposed. Exempting and justifying circumstances are
absolutory causes.
ACCESSORIES – those who have knowledge in the
commission of the crime; profiting themselves or assisting
Submitted by:
offender to profit; concealing or destroying the body of crime;
CARLA ALENIE D. ROTAS harboring, concealing, or assisting in the escape of the principal
BSCRIM 1 – HAWK of the crime.
ACCIDENT – any happening beyond the control of people,
consequences of which are not foreseeable.
Submitted to: ACCIDENTAL HOMICIDE – this is a homicide that results when
MRS. GIRLY R. AURELIO the death of a person is brought about by a lawful act
performed with proper care and skill and absence of criminal
intent.
ACCOMPLICES – persons who do not act as principals but ADOPTION – process by which a state agrees to international
cooperate in the execution of the offense by previous and law; about treaties, adoption usually refers to the initial
simultaneous acts, which are not indispensable to the diplomatic stage at which a treaty is accepted; in order to
commission of the crime. They act as mere instruments that become effective, after adoption a TREATY usually must be
perform acts not essential to the perpetration of the offense. RATIFIED by the legislature.
ACCUSED – a person or persons formally charged or ADULTERY – committed by any married woman who shall
implicated in wrongdoing but not yet convicted of a crime. have sexual intercourse with a man not her husband and by the
man who has carnal knowledge of her, knowing her to be
ACQUITTAL – a legal judgment, based on the decision of either
married.
a jury or judge that a person accused of a crime is not guilty of
the charges for which they have been tried. ADVISORY – opinion of a court or court-like body that provides
an interpretation of a law or norm; advisory opinions differ from
ACT – any bodily movement tending to produce some effect in
other forms of opinions in that the advisory opinion need not
the external world.
concern a concrete case (one presenting real parties claimed to
ACTS OF LASCIVIOUSNESS – committed by any person who be harmed and entitled to a REMEDY).
shall commit any act of lasciviousness upon other persons of
AFFIDAVIT – a written, sworn statement made under oath, in
either sex, under the circumstances mentioned in the crime of
which the writer swears that the information stated therein is
rape.
true.
ADHERENCE TO THE ENEMY – it takes place when one
AFFIRMATIVE ACTION – affirmative steps taken by
intellectually or emotionally favors the enemy and harbors
governments, educational institutions, businesses, and other
sympathies or convictions disloyal to his country’s interest.
bodies to eliminate existing discrimination.
ADJUDICATION – the judicial process that ends a criminal
AFFLICTIVE - fine more than 6000.
proceeding by a judgment of acquittal, conviction, or dismissal
of a case. AGENT – subordinate public officer charged w/ the
maintenance of public order and protection and security of life
ADMISSIBILITY – the initial prerequisites that an individual,
and property.
group or state must fulfil before it is permitted to present its
CLAIM to a particular TREATY-MONITORING BODY or other AGGRAVATING CIRCUMSTANCES – those which, if attendant
HUMAN RIGHTS fact-finding or judging organization or court. in the commission of the crime, serve to have the penalty
imposed in its maximum period provided by law for the offense
ADMISSIBLE EVIDENCE – evidence that is relevant and
or those that change the nature of the crime.
proper for the court’s consideration. Pre-trial hearings are often
held to allow the judge to make this determination.
AID AND COMFORT – an act which strengthens the enemy in ARRAIGNMENT – it is made on the first day of the trial wherein
the conduct of war against the traitor’s country or weakens the there is the reading of the case, and the accused enters a plea.
power of the latter to attack or resist the enemy.
ARRESTO MAYOR – 1 month and 1 day to 6 months.
ALIBI – known as the weakest defense in a criminal case. It is
ARRESTO MENOR – 1 day to 30 days.
an averment that the accused was at another place for such a
period that it was impossible for him to have been at the place ATTEMPTED FELONY – when the offender commences the
where the act was committed at the time of its commission. crime directly by overt acts and does not perform all the acts of
execution which would produce the felony by reason for some
ALLEGIANCE – the obligation of fidelity and obedience which
cause of accident other than his own spontaneous desistance.
an individual owes tom his government, in return for the
protection he receives. BAIL – it is the security required by court and given for the
provisional or temporary release of a person who is in the
ALTERING BOUNDARIES OR LANDMARKS – committed by
custody of the law conditioned upon his appearance before any
any person who shall alter the boundary marks or monuments
court as required under the conditions specified.
of towns, provinces, or estates, or any other marks intended to
designate the boundaries of the same. BENCH TRIAL – a trial in which the judge hears the case
without a jury and decides whether the accused is guilty.
ALTERNATIVE CIRCUMSTANCES – those which must be
taken into consideration as aggravating or mitigating according BIGAMY – committed by any person who shall contract a
to the nature and effects of the crime and the other conditions second or subsequent marriage before the former marriage has
attending its commission. been legally dissolved, or before the absent spouse has been
declared presumptively dead.
AMNESTY – is an act of the sovereign power granting oblivion
or general pardon. It wipes away all traces and vestiges of the BILATERAL TREATY – formal binding agreement between two
crime but does not extinguish civil liability. states.
ANCIENT DOCUMENT RULE – it is a document which is more BILL OF ATTAINDER – a legislative act which inflicts
than 30 years old found in proper custody and unblemished by punishment without trial.
any alteration or circumstance of suspicion.
BRETTONINSTITUTION – see international financial
APPEAL – elevation of the decision of the lower court to the institutions, international monetary fund (IMF) and world bank.
higher court for purposes of review.
BRIGANDS – when more than three armed persons form a
APPELLATE – take a case already heard and decided by a band of robbers for the purpose of extortion or to obtain ransom
lower court removed from it by appeal. or for any other purpose to be attained by means of force and
violence, they shall be deemed to be highway robbers or
brigands.
BURDEN OF PROOF – duty of a party to present evidence on CHILDREN – refers to persons below eighteen (18) years of
the facts in issue necessary to establish his claim/defense by age or those over but are unable to fully take care of
the amount required by law. themselves or protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental
CAPITAL OFFENSE – it is one which, under the law existing at
disability or condition.
the time of its commission and at the time of the application to
be admitted to bail, may be punished by death, although a CIRCUMSTANTIAL EVIDENCE – proof of fact/s from which,
lower penalty than death may be imposed after conviction. taken singly/collectively, the existence of the fact in dispute may
be inferred as a necessary/probable consequence. It is
CASE LAW – law derived from a collection of reported cases
evidence of relevant collateral facts.
within a certain area of law in each jurisdiction.
CITY PRISONER – those sentenced to suffer a term of
CHAIN OF CUSTODY RULE – a method of authenticating
imprisonment from 1 day to 3 years or a fine of not more than
evidence which requires that the admission of an exhibit be
1,000 pesos or both. Those detained therein whose cases are
preceded by evidence sufficient to support a finding that the
cognizable by the RTC and under preliminary investigation.
matter in question is what the proponent claims it to be.
CIVIL – it exists when the subject matter is not a criminal
CHALLENGING TO A DUEL – committed by any person who
offense.
shall challenge another or incite another to give or accept a
challenge to a duel or shall scoff at or decry another publicly for CIVIL INTERDICTION – it is an accessory penalty provided by
refusing to accept a challenge to fight a duel. law when the principal penalty imposed upon the offender for
the commission of a crime is more than twelve years
CHARIVARI – means a medley of discordant voices, a mock
imprisonment.
serenade of discordant noises made on kettles, horns etc.
designed only to annoy. CLAIM – allegation by an individual or state that it is entitled to
a remedy for an injury caused by an offender (usually the
CHILD PORNOGRAPHY – refers to any public or private
state).
representation, by whatever means, of a child engaged in real
or simulated explicit sexual activities or any representation of CLASSICAL THEORY – basis is men freewill.
the sexual parts of a child for primarily sexual purposes.
CLEAR AND CONVINCING EVIDENCE – evidence is more
CHILD PORNOGRAPHY MATERIALS – refers to the means than preponderance of evidence but less than proof beyond
and methods by which child pornography is carried out. reasonable doubt. It is the quantum required to prove insanity,
paternity or filiation, self-defense among others.
CHILD WITNESS – any person who at the time of giving
testimony is less than 18 years old. COLLATERAL MATTERS – matters other than the facts in
issue and which are offered as a basis for inference as to the
existence or nonexistence of the facts in issue.
COMMERCIAL DOCUMENT – a document or instrument used to compensate a victim, reprimand the perpetrator or even
by merchants or businessman to facilitate or promote trade or change government policies and practices.
credit transactions.
CONCLUSIVE EVIDENCE – that class of evidence which the
COMMON REPUTATION — common reputation existing law does not allow to be contradicted.
before the controversy, respecting facts of public or general
CONCUBINAGE – committed by a husband who shall keep a
interest more than thirty years old, or respecting marriage or
mistress in the conjugal dwelling or shall have sexual
moral character, may be given in evidence.
intercourse under scandalous circumstances with a woman not
COMMUNITY – refers to the civilian populace in municipalities his wife or shall cohabit with her in any other place.
or public in general, and can be used interchangeably with
CONCURRENT – two or more courts may take cognizance of a
public, citizenry, society, or private sector.
case.
COMMUTATION – change in the decision of the court by the
CONDITIONAL ADMISSIBILITY – when the relevance of a
chief regarding the degree of the penalty by decreasing the
piece of evidence is not apparent at the time it is offered, but
length of the imprisonment or fine.
the relevance of which will readily be seen when connected to
COMPETENCE – evidence is not excluded by law or Rules of other pieces of evidence not yet offered.
Court.
CONDITIONAL DISCHARGE – a disposition in criminal cases
COMPETENT EVIDENCE – evidence not excluded by law in a where the defendant must satisfy certain court-ordered
particular case. conditions instead of a prison term.
COMPETENT WITNESS – one who has all the qualifications to CONFESSION — the declaration of an accused acknowledging
testify. Thus, he can perceive and can make known his his guilt of the offense charged, or of any offense necessarily
perception to others regardless of political or religious belief or included therein, may be given in evidence against him.
interest and conviction of a crime.
CONFIDENTIALITY – DNA profiles and all results or other
COMPLAINT – a sworn written statement charging a person of information obtained from DNA testing shall be confidential.
an offense subscribed by the offended party, peace officer or
CONNIVING WITH OR CONSENTING TO EVASION –
any public officer charged with the enforcement of the law
committed by any public officer who shall consent to the escape
violated.
of a prisoner in his custody.
COMPLAINT RECOURSE PROCEDURES – the goal of
CONSENTED ABDUCTION – the abduction of a virgin over 12
complaint recourse procedures is the redress of specific
and under 18 years of age, carried out with her consent and
grievances. A successful procedure in this case may result in a
with lewd design.
legally enforceable REMEDY, orders that force the government
CONSUMMATED FELONIES – when all the elements COUP D’ETAT – is a swift attack, accompanied by violence,
necessary for its execution and accomplishment are present. intimidation or threat, or strategy, directed against duly
constituted authorities or any military camp or installation,
CONTINUANCE – a delay or postponement of a court case to
communications network, or public utilities, singly or
another date.
simultaneously carried out anywhere in the Philippines by any
CONTINUED CRIME – refers to a single crime consisting of a person or persons belonging to the military or police or holding
series of acts but all arising from one criminal resolution. public office or employment for the purpose of seizing or
diminishing state power.
CONVICTION – the act or process of finding someone guilty of
a crime. COURT – a body to which the public administration of justice is
delegated, being a tribunal assembled under authority of law at
CORRECTIONAL – fine not less than 200 but not more than the appropriate time and place for the administration of justice
6000. through which the state enforces its sovereign rights and
CORRESPONDENCE WITH HOSTILE COUNTRY – powers. It is an entity or body in which a portion of judicial
committed by any person who in time of war, shall have power is vested.
correspondence with an enemy country or territory occupied by COURT OF APPEALS (INTERMEDIATE APPELLATE
enemy troops. COURT) – this operates in 10 divisions, each comprising 5
CORROBORATIVE EVIDENCE – additional evidence of a members. The courts sit en banc only to exercise
different character to the same point. administrative, ceremonial, or other non-adjudicatory functions.

CORRUPTION OF MINORS – committed by any person who COURT OF TAX APPEALS – This was created under RA 1125,
shall promote or facilitate the prostitution or corruption of as amended, this special court has appellate jurisdiction to
persons underage to satisfy the lust of another. review on appeal the decision of the Commission of Internal
Revenue involving internal revenue taxes and decisions of the
CORRUPTION OF PUBLIC OFFICIALS – committed by any Commissioner of Customs involving customs duties.
person who shall have made the offers or promises or given the
gifts or present as described in the preceding articles. COVENANT – binding agreement between states; used
synonymously with convention and treaty; the major
COUNT – each separate offense listed in a criminal complaint international human rights covenants are the international
or an indictment accusing a person of committing a crime. covenant on economic, social, and cultural rights and the
COUNTERFEITING, IMPORTING AND UTTERING international covenant on civil and political rights.
INSTRUMENTS NOT PAYABLE TO BEARER – committed by CREDIBLE WITNESS – one whose testimony is worthy of
any person who shall forge, import, or utter, in connivance with credit and belief. One who is not disqualified to testify by mental
the importer or forgers, any instrument payable to order or other incapacity, crime, or other causes.
document of credit not payable to bearer.
CRIME – it is an act or omission in violation of the criminal law. CURATIVE ADMISSIBILITY – allows a party to introduce
(Sutherland and Cresey) otherwise inadmissible evidence to answer the opposing party’s
previous introduction of inadmissible evidence if it would.
CRIME FLUX – a concept that defines the crime rate as a
product of the prevalence of victims in the population, and the DECISION – is a judgment by a court of justice or other
frequency with which they are victimized. competent tribunals after the presentation of proof in an
ordinary or criminal case upon stipulation of facts upon which
CRIME RATE – the measure that gives an index of crime
the disposition of the case is based.
occurring in a particular jurisdiction for a specific period.
DEFENDANT – a person who is arrested and charged with a
CRIMINAL – it refers to any person finally convicted by a
crime.
competent court in violation of law.
DEFENSE COUNSEL – the lawyer who represents the
CRIMINAL ACTION – is one by which the state prosecutes a
defendant in a legal proceeding.
person for an act or omission punishable by law.
DEGREE – one whole penalty, one entire penalty or one unit of
CRIMINAL JUSTICE SYSTEM – sum total of instrumentation
the penalties enumerated in the graduated scales provided for
which a society uses in the prevention and control of crimes.
in Art.
CRIMINAL LAW – branch or division of law which defines
DELEGATED JURISDICTION – power to hear and determine
crimes, treats of their nature and provides for their punishment.
cases by authority of court vested by original jurisdiction over
CRIMINAL TRIAL – a judicial proceeding, before a jury or the case delegated.
judge, to determine if a person charged with a crime committed
DELIVERING PRISONERS FROM JAIL – committed by any
that crime.
person who shall remove from any jail or penal establishment
CRUELTY – there is cruelty when the culprit enjoys and any person confined therein or shall help the escape of such
delights in making his victim suffer slowly and gradually, person, by means of violence, intimidation, or bribery.
causing unnecessary physical pain in the consummation of the
DESPOBLADO – (Uninhabited Place) one where there are no
criminal act.
houses at all, a place at a considerable distance from town,
CULTURE – a feature of societies that is constantly where the houses are scattered at a great distance from each
renegotiated by all people that make up a social unit; Article 5 other.
of the WOMEN’S CONVENTION calls for the modification of
DETENTION – one is detained when he is placed in
"the social and cultural patterns of conduct of men and women,
confinement or there is restraint on his person.
with a view toward achieving elimination of prejudices."
DETENTION PRISONERS – those detained for investigation,
preliminary hearing or awaiting trial.
DIRECT EVIDENCE – proves the fact in dispute without aid of DOCKET NUMBER – a unique number that the court clerk
any inference or presumption. assigns to each case. Developmentally equated with economic
growth, as measured by GROSS DOMESTIC PRODUCT and
DIRECT EXAMINATION BY THE PROPONENT – direct
level of industrialization. Human rights advocates urge that
examination is the examination in chief of a witness by the party
development should encompass the improvement of people’s
presenting him on the facts relevant to the issue.
wellbeing-wherever they live – through a focus on economic
DISCERNMENT – the mental capacity to fully appreciate the and social justice rather than economic growth per se.
consequences of an unlawful act, which is shown by the
DOCUMENT – a deed, instrument, or other duly authorized
manner the crime was committed and the conduct of the
paper by which something is proved, evidenced, or set forth.
offender after its commission.
DOMESTIC SYSTEMS – legal systems of a particular country;
DISHONEST WITNESS – a witness who professes to
used synonymously with NATIONAL SYSTEMS.
remember things upon which he cannot readily be contradicted
and who declares that he forgets those upon which he would be DOMESTIC VIOLENCE – violence among members of a family
open to contradiction. He usually takes refuge behind the or household; in these cases, one person gains power through
shelter afforded by the phrase “I don’t remember”. use of physical or emotional coercion; any person in a
household could be the target of domestic violence but it is
DISMISSAL – a judge’s decision to end the case, without
most frequently experienced by women.
convicting or acquitting the defendant.
DUEL – a combat agreed between two parties in the presence
DISOBEYING REQUEST FOR DISQUALIFICATION –
of seconds who makes the selection of arms.
committed by any public officer, who before the question of
jurisdiction is decided, shall continue any proceeding after DURESS – use of violence or physical force.
having been lawfully required to refrain from so doing.
DWELLING – Is the place of abode where one resides, and
DISPOSITION – the way a case is settled or resolved. which satisfies the requirements of domestic life. It is any
building or structure exclusively used for rest and comfort.
DISTURBANCE OF PROCEEDINGS – committed by any
person who disturbs the meetings of letters a toe above, or DWELLING – must be a building or structure exclusively used
while in the presence of any such body, they should behave in for rest and comfort (combination of house and store not
such a manner as to interrupt its proceedings or to impair the included), may be temporary as in the case of guests in a
respect due it. house or bed spacers. It includes dependencies, the foot of the
staircase and the enclosure under the house.
DOCKET – a list of cases scheduled to be heard in court on a
specific date. DYING DECLARATION — the declaration of a dying person,
made under the consciousness of an impending death, may be
received in any case wherein his death is the subject of inquiry,
as evidence of the cause and surrounding circumstances of EQUALITY – that all human beings are entitled to the same
such death. human rights without distinction. Article 2 of the UDHR
embodies an equality principle. Equality does not necessarily
ECONOMY – the set of structures and relationships which
mean treating people the same but rather taking whatever
guide the distribution and allocation of financial and material
steps are necessary to promote a more just society for all.
resources; it includes the patterns by which income and wealth
are distributed, work is regulated, wages are established, ERROR IN PERSONAE – mistake in identity.
whose work is recognized, what work is counted and how
ERROROFJUDGEMENT – an error of judgment is one which
resources are distributed.
the court may commit in the exercise of its jurisdiction.
ELECTRONIC DATA MESSAGE – information generated, sent,
ESCAPE OF PRISONER UNDER THE CUSTODY OF A
received, or stored by electronic, optical, or similar means.
PERSON NOT A PUBLIC OFFICER – committed by any
ENFORCE – to compel or force obedience to a law, rule, or private person to whom the conveyance or custody of a
order. prisoner or person under arrest shall have been confide4d, who
shall commit any of the offenses mentioned in the two
ENTERED INTO FORCE – the day on which a treaty becomes
preceding articles.
effective; the point at which enough parties have signed an
agreement to make it effective. ESPIONAGE – committed by any person who: without authority
shall enter a warship, fort, or naval or military reservation to
ENTRAPMENT – a person has planned or is about to commit
obtain any information, plans, photograph, or other data of a
crime and ways and means are resorted to by a public officer to
confidential nature relative to the defense of the Philippines; a
trap and catch the criminal, not a defense.
public officer who is in possession of the articles, data, or
ENTRAPMENT – ways and means are resorted to for the information referred to in paragraph one shall disclose their
purpose of trapping and capturing the lawbreaker in the contents to a representative of a foreign nation.
execution of his criminal plan.
ESTOPPEL BY DEED – a bar which precludes a party to a
ENTRIES IN OFFICIAL RECORDS — Entries in official records deed and his privies from asserting as against the other and his
made in the performance of his duty by a public officer of the privies any right or title in derogation of the deed or denying the
Philippines, or by a person in the performance of a duty truth of any material fact asserted in it.
specially enjoined by law, are prima facie evidence of the facts
EVASION OF SERVICE OF SENTENCE – committed by any
therein stated.
convict who shall evade service of his sentence by escaping
ENVIRONMENTAL JUSTICE – term used to express a positive during the term of his imprisonment by reason of final judgment.
interconnection of environmental and social rights.
EVASION THROUGH NEGLIGENCE – committed by a public EXHAUSTION REQUIREMENT – requirement that a person,
officer who is charged with the custody or conveyance of a group or state bringing a HUMAN RIGHTS claim first try to
prisoner and the prisoner escaped through his negligence. bring the case at the domestic level.
EVIDENCE – testimony, documents, and objects used to prove EX-PARTE – done for, or at the request of, one side in a case
a fact in a case. only, usually without prior notice to the other side.
EVIDENCE ADMISSIBLE WHEN ORIGINAL DOCUMENT IS A EXPLOITATION OF CHILD LABOR – committed by anyone
PUBLIC RECORD — When the original of document is in the who under the pretext of reimbursing himself of a debt incurred
custody of public officer or is recorded in a public office, its by an ascendant, guardian, or person entrusted with the
contents may be proved by a certified copy issued by the public custody of a minor shall against the latter will retain him in his
officer in custody thereof. service.
EVIDENCE ALIUNDE OR EXTRANEOUS EVIDENCE – EXPULSION – committed by a public officer or employee who
evidence from outside or another source. without being authorized by law expels any person from the
Philippines; or compels a person to change his residence.
EVIDENCE — evidence is the means, sanctioned by these
rules, of ascertaining in a judicial proceeding the truth EXTRA JUDICIAL ADMISSION – any admission other than
respecting a matter of fact. judicial.
EX POST FACTO LAW – an act which when committed was FACT – any event or act or condition of things, assumed (for
not a crime, cannot be made so by statute without violating the the moment) as happening or existing.
constitutional inhibition as to ex post facto laws.
FACT-IN-EVIDENCE – any fact considered by the tribunal as
EXCLUSIONARY RULE – a rule of evidence that excludes data to persuade them to reach a reasoned belief upon a
evidence obtained in violation of one’s constitutional rights or proband.
obtained through illegal means, such as those obtained by
FACT-IN-ISSUE – a fact as to the correctness of which the
tortures and the like.
tribunal, under the law of the case, must be persuaded.
EXCLUSIVE – try and decide a case which cannot be
FACTUM PROBANDUM – ultimate fact or the fact sought to be
presented before any other court.
established.
EXCULPATORY EVIDENCE – that evidence which will excuse
FAILURE OF ACCOUNTABLE OFFICER TO RENDER
a person from an alleged fault or crime.
ACCOUNT – committed by any public officer who is required by
EXEMPTING CIRCUMSTANCES – grounds for exemption from law or regulation to render accounts to the commission on
punishment because there is wanting in the agent of the crime audit, or to a provincial auditor and who fails to do so for a
any of the conditions which make the act voluntary or negligent. period of two months after such accounts should be rendered.
FAILURE TO APPEAL – failing to come to court for a FENCE – is a person who commits the act of fencing. A fence
scheduled hearing. who receives stolen property as provided above is not an
accessory but a principle in the crime defined in and punished
FALSE TESTIMONY AGAINST A DEFENDANT – committed
by the Anti-Fencing Law.
by any person who shall give false testimony against the
defendant in any criminal case. FENCING – is an act, with intent to gain, of buying, selling,
receiving, possessing, keeping, or in any other manner dealing
FALSE TESTIMONY FAVORABLE TO THE DEFENDANT –
in anything of value which a person knows or should have
committed by any person who shall give false testimony in favor
known to be derived from the proceeds of the crime of robbery
of the defendant.
or theft.
FALSIFICATION OF LEGISLATIVE DOCUMENTS – committed
FLIGHT TO ENEMY’S COUNTRY – committed by any person
by any person who, without proper authority shall alter any bill,
who owing allegiance to the government, attempts to flee or go
resolution or ordinance enacted or approved or pending
to an enemy country when prohibited by competent authority.
approval by either house or any provincial or municipal board or
council. FORCIBLE ABDUCTION – the abduction of any woman
against her will and with lewd designs.
FAMILY – refers to the basic social group united through bonds
of kinship or marriage, present in all societies. It is the primary FORGOTTEN EVIDENCE – evidence which was not presented
institution that molds a child to become a law-abiding person or in court because of oversight or forgetfulness of a party or
a delinquent. counsel.
FAMILY VIOLENCE – a person who works with domestic FRAUD (FRAUDE) – insidious words or machinations used to
violence victims to determine. induce the victim to act in a manner which would enable the
offender to carry out his design.
FEAR – this problem is pervasive in that it affects practically the
entire society, whether rich or poor. FRAUDULENT INSOLVENCY – committed by any person who
shall abscond with his property to the prejudice of his creditors.
FELONIES – acts and omissions punishable by the Revised
Penal Code. GAMBLING – a game or scheme the result of which depends
wholly upon chance or hazard. its elements are money or other
FELONY – a crime that is punishable by imprisonment of more
consideration of value; the result of the game depends wholly
than one year.
or chiefly upon chance or hazard.
FENCE – includes any person, firm, association corporation or
GENDER – in which roles, attitudes, values and relationships
partnership or other organization who/which commits the act of
regarding women and men are constructed by all societies all
fencing.
over the world. While sex is determined by nature, gender is
socially constructed; almost invariably gender distinctions the actions of the general assembly are governed by the
function to subordinate and discriminate against women. charter of the united nations.
GENDER DEVELOPMENT INDEX (GDI) – measures GENERALPLES OF LAW – principles that appear nearly
developments of States according to the same broad factors as universally in a state’s domestic law and, thus, over time
the HUMAN DEVELOPMENT INDEX but highlights the become binding on all states; one of the main SOURCES OF
inequality in these spheres between men and women. INTERNATIONAL LAW.
GENDER DISCRIMINATION – discrimination based on socially GIVING ASSISTANCE TO SUICIDE – is committed by any
constructed ideas and perceptions of men and women. person who shall assist another to commit suicide or lending his
assistance to another to the extent of doing the killing himself.
GENDER PERPETUATE – treatment of a problem without
recognition of gender; myth of gender neutrality in human rights GRASSROOTS ORGANIZATIONS – nongovernmental groups,
eliminates recognition that treating people identically despite usually not-for profit, formed to mobilize people and
unequal situations perpetuates rather than eradicates communities to address social, economic, and political
injustices. problems; usually this term refers to groups working on
advocacy at the local level.
GENDER-BASED VIOLENCE – violence committed against
women as women; violence particular to women, such as rape, GRAVE COERCION – committed by any person who without
sexual assault, female circumcision, or dowry burning; violence authority of law shall by means of violence, threats, or
against women for failing to conform to restrictive social norms; intimidation, prevent another from doing something not
the Vienna declaration specifically recognized gender-based prohibited by law, or compels him to do something against his
violence as a human rights concern. will, whether it be right or wrong.
GENDERFIC CLAIMS – human rights claims relating to abuse GRAVE SCANDAL – committed by any person who shall
women suffer because of their gender; when HUMAN RIGHTS offend against decency or good customs by any highly
are being violated due at least in part to a person's gender scandalous conduct not expressly falling within any article of
and/or when women's experience of a human rights violation the RPC.
differs from men's experience due to gender-specific
GRAVE THREATS – committed by any person who shall
consequences or experiences.
threaten another with the infliction upon the person, honor, or
GENERAL – empowered to decide all disputes which may property of the latter or of his family of any wrong amounting to
come before it, except those assigned to other courts. a crime.
GENERAL ASSEMBLY – one of the principal organs of the GUARDIAN AD LITEM – a person appointed by the court to
United Nations consisting of all member states; issues represent a minor child’s best interests in a court case.
declarations and adopts conventions on human rights issues;
GUILTY – a verdict of a judge or jury that a person accused of first Helsinki document was called the Final Act of the Helsinki
committing a crime did commit it. Conference (1975).
HABBITAT CONFERENCE – united nations world conference HIGH COMMISSIONER FOR HUMAN RIGHTS – United
on human settlements. Nations office charged with the promotion and protection of
HUMAN RIGHTS worldwide.
HABEAS CORPUS – a court order used to bring a defendant
physically before a court in order to ensure the person’s HIGH SEAS – parts of the seas that are not included in the
detention or imprisonment is not illegal. exclusive economic zone, territorial sea, or in the internal
waters of the state, or archipelagic waters of an archipelagic
HABITUAL DELINQUENT – a person who, within a period of
state.
ten years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery, HOMICIDE – is a crime committed by any person who shall kill
theft, estafa, or falsification, is found guilty of any said crimes a another without the attendance of any of the circumstances
third time or oftener. mentioned in article 248.
HATRED – some individuals develop violent hatred for reasons HUMAN DEVELOPMENT INDEX (HDI) – measures
or another. This hatred may ultimately result in some acts of development of States according to a variety of factors
violence. A normal or well-adjusted person can control hatred. including health, literacy, and standard of living indicators.
Others, because of their mental make-up, cannot control hatred
HUMAN RIGHTS – the rights people are entitled to simply for
which likely would result in an act of violence against another.
being human, irrespective of their citizenship, nationalist, race,
HEARING – a judicial proceeding where a judge may hear an ethnicity, language, sex, sexuality, or abilities; human rights
argument. become enforceable as they become codified as conventions,
covenants or treaties, or as they become recognized as
HEARSAY – testimony of an individual that is not from his/her
customary international law.
personal knowledge, but from what the witness has heard
another person say. HUMAN RIGHTS COMMITTEE – the treaty monitoring body
created by the international covenant on civil and political rights
HEARSAY EVIDENCE – one that is not based on one’s
to investigate and hear claims pertaining to civil and political
personal perception but based on the knowledge of others to
rights under that covenant; one of six bodies charges with
prove the truth of the matter asserted in an out-of-court
monitoring compliance of member states with unhuman rights
declaration.
conventions.
HELSINKI ACCORDS – declaration of principles by the
IGNOMINY – is a circumstance pertaining to moral order, which
CONFERENCE ON SECURITY AND COOPERATION IN
adds disgrace and obloquy to the material injury caused by the
EUROPE which seeks peace and HUMAN RIGHTS in Europe;
crime.
IGNORANCE – this factor is widespread among people, who IMMATERIAL EVIDENCE – signifies that the offered evidential
lack knowledge and understanding about many laws and fact is directed to prove some proband which is not proper in
things, which they should and are presumed to know as issue.
citizens.
IMPRISONMENT – it is the state or condition of being
ILLEGAL ASSEMBLIES – the acts punishable are staging a constrained, restrained, or incarcerated in a room or a building.
meeting attended by armed persons for the purpose of It is a form of conventional punishment for criminal offenders.
committing any of the crimes punishable by the rpc. staging a
INADMISSIBLE EVIDENCE – signifies that the offered
meeting in which the audience whether armed or not is incited
evidence is excluded by some rule of evidence, no matter what
to the commission of treason, rebellion, sedition, or assault
the rule.
upon a person in authority or his agents.
INALIENABILITY – concept that HUMAN RIGHTS are universal
ILLEGAL DISCHARGE OF FIREARM – is committed by any
and that they cannot be taken away under any circumstances,
person who shall shoot at another with any firearm.
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS –
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
committed by any person who, by unlawful or unauthorized
BANK NOTES AND OTHER INSTRUMENTS OF CREDIT –
acts, provokes or gives occasion for a war involving or liable to
committed by any person who shall knowingly use or have in
involve the Philippines, or exposes the Filipinos to reprisals on
his possession, with intent to use any of the false or falsified
their persons or property.
instruments.
INCOMPETENT EVIDENCE – signifies that an offered witness
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY –
is not qualified, under the rules of testimonial evidence.
committed by a public officer who shall apply any public funds
or property under his administration to any public use other INCRIMINATING INNOCENT PERSON – committed by any
than that for which such funds or property were appropriated by person who by any act not constituting perjury, shall directly
law or ordinance. incriminate or impute to an innocent person the commission of
a crime.
ILLEGAL USE OF UNIFORMS AND INSIGNIA – committed by
any person who shall publicly and improperly make use of INDICTMENT – a formal charging document presented by a
insignia, uniforms, or dress pertaining to an office not held by grand jury to a court for prosecution against the defendant.
such person or to class of persons of which he is not a
member. INDIFFERENCE OF PARENTS – committed by the parents
who shall neglect their children by not giving them the
IMBECILE – one while advanced in age has a mental education which their station in life requires and financial
development comparable to that of children between 2 and 7 conditions permit.
years old. He is exempt in all cases from criminal liability.
INDIGENT – someone who the court determines cannot afford arrested and detained without the benefit of a warrant of arrest
to pay certain fees or the cost of an attorney. issued by the court for the purpose of determining whether or
not said person should remain under custody and
INDIRECT ASSAULTS – committed by any person who shall
correspondingly be charge in court.
make use of force or intimidation upon any person coming to
the aid of the authorities or their agents on occasion of the INSANE – one who acts with complete deprivation of
commission of any of the crimes defined in the preceding intelligence/reason or without the least discernment or with total
paragraph. deprivation of freedom of will. Mere abnormality of the mental
faculties will not exclude importability.
INDIRECT BRIBERY – committed by any public officer who
shall accept gifts offered to him by reason of his office. INSANITY – among the members of the society, there are
those who are born mentally abnormal and are therefore not
INDIVIDUAL COMPLAINTS – complaints of individuals or
governed by their own free will. They cannot distinguish good
nongovernmental organizations; the option protocol to the
from evil. They have no control over their physical want and are
international covenant on civil and political rights permits the
not aware that what they have done is wrong.
human rights committee to hear individual complaints.
INSTIGATION – instigator practically induces the would-be
INDIVISIBILITY – notion that there is no hierarchy of rights; civil
accused into the commission of the offense and himself
and political rights are equally as important as social, economic,
becomes a co-principal.
and cultural rights; principle reaffirmed by the VIENNA
DECLARATION. INSULAR OR NATIONAL PRISONERS – those sentence to
suffer a term of sentence of 3 years and 1 day to life
INFANTICIDE – is the killing of a child less than three (3) days
imprisonment.
old.
INSUPERABLE CLAUSE – some motive, which has lawfully,
INFERENCE – the process of thought by which the tribunal
morally or physically prevented a person from doing what the
reasons from fact to proband.
law commands. IRRESISTIBLE FORCE – the offender
INFORMATION – an accusation in writing charging a person of uses violence or physical force to compel another person to
an offense subscribed to by the prosecutor and filed with the commit a crime.
court.
INTENTIONAL ABORTION – is committed by any person who
INJUSTICES/ABUSES – this factor already constitutes several shall intentionally cause an abortion by using violence upon the
crimes themselves. As if these were not enough yet, they person of the pregnant woman; or acting without the consent of
spawn and breed more crime to happen as aftermath thereof. the woman but without using violence; acting with the consent
of the woman.
INQUEST – an informal and summary investigation conducted
by a public prosecutor in criminal cases involving persons
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS – an JUDGE – a public officer so named in his commission and
organ of the ORGANIZATION OF AMERICAN STATES with appointed to preside over and to administer the law in a court of
power to conduct investigations into alleged human rights justice.
violations and to recommend measures for the protection of
JUDGMENT RENDERED THROUGH NEGLIGENCE –
HUMAN RIGHTS.
committed by any judge who, by reason of inexcusable
INTERCONNECTEDNDENT – notion that human rights interact negligence or ignorance, shall render a manifestly unjust
in a dynamic interchange, reinforcing each other; denial of one judgment in any case submitted to him for decision.
human right has an impact on one’s ability to exercise other
JUDICIAL ADMISSIONS - Admissions, verbal or written, made
human rights.
by the party during the proceedings in the same case. It
INTERGOVERNMENTAL – body whose members are requires no proof.
composed of and supported by MEMBER STATES.
JUDICIAL NOTICE – the cognizance of certain facts which
INTERLOCUTORY ORDER – is a decision which does not judges may properly take act on without proof because they
dispose of the action in its entirety and leaves something to be already know them.
done to complete the relief sought.
JUDICIAL POWER – power to apply the law to contests or
INTERNATIONAL GOVERNMENTAL ORGANIZATION (IGO) – disputes concerning legally recognized rights or duties between
a permanent organization set up by two or more states to carry the state and private persons.
out activities of common interest.
JURISDICTION – it is the authority to hear and determine
INTERRUPTION OF RELIGIOUS WORSHIP – committed by a cases. It is the authority by which judicial officers take
public officer or employee who shall prevent or disturb the cognizance and decide cases correctly or incorrectly.
ceremonies or manifestations of any religion.
JURISDICTION – the authority of courts or court-like bodies to
INTRIGUING AGAINST HONOR – committed by any person hear and decide CLAIMS; can refer to the courts ability to hear
who shall cast intrigue which has for its principal purpose to subjects and/or to review cases brought by certain types of
blemish the honor or reputation of a person. CLAIMANTS; jurisdiction can also refer to a geographic area of
authority.
IRRELEVANT EVIDENCE – signifies that the offered piece of
evidence has no probative value. JURY – a panel of citizens who are selected by the
prosecution, defense, and judge and given power to decide
JAIL – a place for locking-up of persons who are convicted of
questions of fact and power to decide a defendant’s guilt.
minor offenses imposed upon them by a competent court, or for
confinement of persons who are awaiting trial or investigation of JUSTICE – principle of dealing with fairness; equality in the
their cases. application of law.
JUSTIFYING CIRCUMSTANCES – where the act of a person is purpose of applying the same to the payment of debt. any other
in accordance with law such that said person is deemed not to coercion or unjust vexation is also punished.
have violated the law.
LIGHT – fine less than 200.
KIDNAPPING AND FAILURE TO RETURN A MINOR –
LIGHT THREATS – is a threat to commit a wrong not
committed by any person who, being entrusted with the custody
constituting a crime, a crime made in the manner expressed in
of a minor, shall deliberately fail to restore the latter to his
subdivision one of article 282.
parents or guardians.
LIMITED – has authority to hear and determine only a few
KIDNAPPING AND SERIOUS ILLEGAL DETENTION –
specified cases.
committed by any person who shall kidnap or detain another, or
in any other manner shall deprive him of his liberty. in order that LOCK-UP JAILS – is a security facility, common to police
this article may apply there must be actual deprivation of liberty stations used for temporary confinement of an individual held
or locking up with motive to resort to kidnapping or detention. for investigation.
KNOWINGLY RENDERING UNJUST JUDGMENT – committed LOST FAMILY VALUES – it loosens family ties, resulting in
by any judge who shall knowingly render an unjust judgment in many broken homes or families. As children are separated from
any case submitted to him for decision. their parents, they go wayward and become misguided. Many
become addicted to prohibited drugs, unwed or separated
LAST CLEAR CHANCE DOCTRINE – a doctrine which says
parents and eventually become criminals or victims of crimes.
that the contributory negligence of one party injured, will not
prevent. MAKING AND IMPORTING AND UTTERING FALSE COINS –
committed by any person who shall make, import, or utter false
LEADING QUESTIONS – the court may allow leading
coins in connivance with counterfeiters or importers.
questions in all stages of examination of a child if the same will
further the interests of justice. MALA INSE – acts or omissions that are inherently evil.
LESS SERIOUS PHYSICAL INJURIES – committed by any MALA PROHIBITA – acts made evil because there is a law
person who shall inflict injuries upon another which shall prohibiting it.
incapacitate the offended party for labor for 10 days or more or
shall require medical attendance for the same period. MALFEASANCE – the performance of some act which should
not be done.
LEVYING OF WAR – it means there must be an actual
assemblage of men or for the purpose of forcefully executing a MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
treasonable design. – committed by a judge who is guilty of malicious delay in the
administration of justice.
LIGHT COERCION – committed by any person who by means
of violence, shall seize anything belonging to his debtor for the
MALICIOUS MISCHIEF – committed by any person who shall MISFEASANCE – the improper performance of some act which
deliberately cause to the property of another damage not falling should have lawfully been done.
within the terms of the preceding chapter.
MISPRISION OF TREASON – committed by every person
MALVERSATION OF PUBLIC FUNDS OR PROPERTY – owing allegiance to the government of the Philippines and not
committed by a public officer who by reason of the duties of his being a foreigner, and having knowledge of any conspiracy
office is accountable for public funds or property who shall: against it, conceals or does not disclose and make known the
appropriate public funds or property, take or misappropriate same, to the governor or fiscal of the province where he
public funds or property. consent, or through abandonment or resides.
negligence, permit any other person to take such public funds
MISTAKE OF FACT – misapprehension of fact on the part of
or property.
the person who caused injury to another. He is not criminally
MASS MEDIA – it is the best institution for information liable.
dissemination, thereby giving an opportunity to the public to
MISTRIAL – a trial that a judge ends, without a determination
know the necessary facts of life that help them shape their daily
as to guilt, because of procedural error or serious misconduct
views about crime and its control.
occurring during the proceedings.
MEMBER STATES - countries that are members of an
MITIGATING CIRCUMSTANCES – those which if present in
international or regional body.
the commission of the crime reduce the penalty of the crime but
METROPOLITAN TRIAL COURTS – in each Metropolitan area, does not erase criminal liability nor change the nature of the
established by law are a Municipal Trial Court in every City not crime.
forming a part of the metropolitan area and each of the
MITTIMUS JUDGMENT – the formal document prepared by the
municipalities not comprised within a metropolitan area; as well
court clerk to present a convicted defendant to the Department
as a Municipal Circuit Trial Court in each area defined as a
of Corrections for incarceration. Also called the “Mitt”.
Municipal Circuit comprising of one or more cities and/or one or
more municipalities grouped together according to the law. MODERN CONCEPT – the test of police efficiency is the
absence of crime.
MIGRANTS - people who leave their place of origin for
economic reasons or other reasons not covered under the MODIFICATION – request to change a prior court order.
limited definition of REFUGEE under the CONVENTION Usually requires a change in circumstances from when the prior
RELATING TO THE STATUS OF REFUGEES. order was issued.
MISDEMEANOR – a crime that is less serious than a felony MORAL PANIC – as generated by the mass media and public
and that is usually punishable by a fine, penalty, forfeiture, or authorities, the public’s belief that a particular crime or criminal
imprisonment of less than one year. is symptomatic of larger moral failures and social harms.
MOTION – an oral or written application made by the NEGLIGENCE – it indicates a deficiency of perception; failure
prosecution or defense before, during, or after a trial requesting to pay proper attention and to use diligence in foreseeing the
the court issue a ruling or an order. injury or damage impending to be caused; usually involves lack
of foresight.
MOTIVE – it is the moving power which impels one to action for
a definite result. NEUTRALITY – a nation which does not take part in the contest
of arms (war) among other nations is practicing neutrality.
MULTILATERALATY – between more than two states.
NO CONTACT ORDER – a court order that prohibits contact by
MULTIPLE PUBLICATION RULE – a single defamatory
a defendant with another person and may be ordered by a
statement, if published several times, gives rise to as many
judge, a bail commissioner, a probation officer, or a parole
offenses as there are publications.
officer.
MUNICIPAL PRISONERS – those confined in municipal jails to
NON-BINDING – a document that carries no formal legal
serve imprisonment from 1 day to 6 months. Those detained
obligations, but which may still carry moral obligations.
therein whose trials of their cases are pending with the MTC.
NON-FEASANCE – the omission of some act which ought to be
MURDER – any person, who, not falling within the provisions of
performed.
article 246, shall kill another, shall be guilty of murder and shall
be punished by Reclusion Perpetua to death if committed with NON-GOVERNMENT ORGANIZATION – NGO’s are private
any of the following attendant circumstances. organizations that are civic oriented and thus promote a
peaceful and productive society. These are groups of
MUTILATION – committed by any person who shall
concerned individuals responsible for helping the government
intentionally mutilate another by depriving him, either totally or
to pursue community development. They serve as partners of
partially, of some essential organ of reproduction. any other
the government institutions in providing common services for
intentional mutilation is also punished (known as mayhem).
public good and welfare, thus preventing criminality and
MUTILATION OF COINS – committed by any person who shall maintaining peace and order.
mutilate coins of the legal currency of the Philippines or import
NOT GUILTY – a verdict issued by a judge or jury stating that
or utter mutilated current coin in connivance with mutilator or
the prosecution has not proved the defendant’s guilt beyond a
importer.
reasonable doubt.
MUTINY – the unlawful resistance to a superior officer or the
NOTICE – the provision of information, usually in oral or written
raising of commotions on board a ship against the authority of
form, to an identified party regarding their rights or interest.
its commanders.
OBJECT AS EVIDENCE — objects as evidence are those
NATIONAL SYSTEMS – legal systems of a particular country;
addressed to the senses of the court. When an object is
used synonymously with domestic systems.
relevant to the fact in issue, it may be exhibited to, examined, or judgment, decision or order of any superior authority made
viewed by the court. within the scope of jurisdiction of the latter and issued with all
legal formalities.
OBSCURIDAD (Night time) – that period of darkness beginning
at the end of dusk and ending at dawn. OPENED FOR SIGNATURE - point at which a CONVENTION
is formally introduced to and adopted by the GENERAL
OCCUPATION OF REAL PROPERTY OR USURPATION OF
ASSEMBLY.
REAL RIGHTS IN PROPERTY – committed by any person who
by means of violence against or intimidation of persons, shall OPENING OF CLOSED DOCUMENTS – committed by any
take possession of any real property or shall usurp any real public officer who without proper authority, shall open or shall
rights in property belonging to another. permit to be opened any closed papers, documents, or objects
entrusted to his custody.
OFFENDED PARTY – the person against whom or against
whose property the crime was committed. ORDER OF BATTLE – refers to a document made by the
military, police, or any law enforcement agency of the
OFFENSE – a crime punished under special law.
government, listing the names of persons and organizations
OFFERING FALSE TESTIMONY IN EVIDENCE – committed that it perceives to be enemies of the state and that it considers
by any person who shall knowingly offer in evidence a false as legitimate targets as combatants that it could deal with,
witness or testimony in any judicial or official proceeding. through the use of means allowed by domestic and
international law.
OFFICER BREAKING SEAL – committed by any public officer
charged with the custody of papers or property sealed by ORDERS OR REQUESTS BY EXECUTIVE OFFICERS UPON
proper authority, which shall break the seals or permit them to JUDICIAL AUTHORITY – committed by any executive officers
be broken. who shall address any order or suggestion to any judicial
authority with respect to any case or business coming within the
OFFICIAL DOCUMENT – a document issued by a public official exclusive jurisdiction of courts.
in the exercise of the functions of his office.
ORDINARY JAILS – is the type of jail commonly used to detain
OLD CONCEPT – focuses on punishment as a way of a convicted criminal offender to serve sentence less than three
eliminating crimes. years.
OMISSION – failure to perform a duty required by law. ORIGINAL – try and decide a case for the first time.
OMISSION – means inaction, or the failure to perform positive PARDON – an act of grace proceeding from the power
duty which one is bound to do. entrusted with the execution of laws, which exempts the
OPEN DISOBEDIENCE – committed by any judicial or individual from the punishment the law inflicts for the crime.
executive officer who shall openly refuse to execute the
PARTY – a person that is named as a plaintiff or defendant on PERSONS PROHIBITED FROM ENTERING AND LEAVING
legal papers. In Connecticut criminal cases, the parties include COURTROOM – the court may order that persons attending
the state and the defendant. Although victims have a role in the the trial shall not enter or leave the courtroom during the
criminal justice process, crime victims are not a party in the testimony of the child.
criminal case.
PLEA – an accused person’s answer to a criminal charge. For
PASSION – all persons are born with the same general example: not guilty, guilty, or no contest.
tendencies and passions. It is in the way they control these
PLEA BARGAIN – the agreement a defendant makes with the
passions that will determine whether or not a person is able to
prosecutor to avoid a trial. Usually involves pleading guilty to
control his passion will depend upon his early training and the
lesser charges in exchange for a lighter sentence.
influence of his home.
PLEA BARGAINING – the process whereby the accused and
PENALTY – it refers to the consequences that follow the
the prosecution work out a satisfactory disposition of the case
transgression of laws. The judicial punishment for crime or
subject to court approval. It usually involves the accused
violation of laws.
pleading guilty to a lesser offense or to only one or some
PEOPLES' RIGHTS – used synonymously with SOLIDARITY counts of several charges in return for a lighter penalty.
RIGHTS and COLLECTIVE RIGHTS; refers to the rights of
PLURALITY OF CRIMES – consists in the successive
groups, not just individuals, such as the s to development,
execution by the same individual of different criminal acts upon
peace, and a healthy environment.
any of which no conviction has yet been declared.
PERIOD – one of 3 equal portions, min/med/max of a divisible
POLICE – the agency of the community or government that is
penalty. A period of a divisible penalty when prescribed by the
responsible for enforcing the law, maintaining public order, and
Code as a penalty for a felony, is in itself a degree.
preventing and detecting crime.
PERJURY – is the willful and corrupt assertion of a falsehood
POSITIVE EVIDENCE – when a witness affirms that a fact did
under oath or affirmation administered by authority of law on a
or did not occur.
material matter.
POSITIVIST THEORY – basis is sum of social and economic
PERSON IN AUTHORITY – public authority, or person who is
Phenomena which condition to man to do wrong.
directly vested with jurisdiction and has the power to govern
and execute the laws. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC
OFFICER – committed by a public officer who shall become
PERSONAL GAIN – it is normal for a person to desire to
interested in any contract or business in which it is his official
improve his life and to work hard to provide a better if not
duty to intervene.
abundant life for himself and his family.
POST JUDGMENT – any request to a court or action by a or group of facts found or otherwise established; an inference of
judge after a judgment in a case. the existence or non-existence of a fact which courts are
permitted to draw from proof of other facts (mandatory; has a
POVERTY – this is characterized by the widespread
definite legal effect)
unemployment, low income and productivity, malnutrition, big
families and rapid population growth rates, low standard of PRETRIAL – it is a conference undertaken among litigants and
living and the like. Because of poverty and its concomitant their respective lawyers with the judge for the purpose of
deprivation and hardship, many become desperate and are considering such other matters.
forced by circumstances to resort to crime; just so, they could
PRIMARY EVIDENCE – that which affords the greatest
alleviate or escape from their miseries and frustrations.
certainty of the fact in question (example: the original contract)
PREMATURE MARRIAGE – committed by any widow who
PRISON – it is penitentiary, an institution for the confinement of
shall marry within 301 days from the date of the death of her
persons convicted of major/heinous crimes.
husband, or before having delivered if she shall have been
pregnant at the time of his death. PRISONER – a person who is under the custody of a lawful
authority. A person who by reason of his criminal sentence or
PREPONDERANCE OF EVIDENCE, HOW DETERMINED —
by a decision issued by a court, may be deprived of his liberty
In civil cases, the party having burden of proof must establish
or freedom.
his case by a preponderance of evidence.
PRISONERS ON SAFEKEEPING – includes non-criminal
PRESCRIPTION OF A CRIME – is the loss/forfeiture of the
offenders who are detained to protect the community against
right of the state to prosecute the offender after the lapse of a
their harmful behavior.
certain time.
PRIVATE DOCUMENT – a deed or instrument executed by a
PRESCRIPTION OF PENALTY – means the loss/forfeiture of
private person without the intervention of a notary public or
the right of the government to execute the final sentence after
persons legally authorized, by which document some
the lapse of a certain time.
disposition or agreement is proved, evidenced, or set forth.
PRE-SENTENCE – also called PSI A background investigation
PROBABLE CAUSE – a hearing held to determine if enough
conducted by a Investigation: probation officer on a person who
evidence exists to prosecute.
has been convicted of a criminal offense.
PROBATION – a disposition under which a defendant after
PRE-SPANISH REGIME – headman or tribe leaders mandates
conviction and sentence is released subject to conditions
all male residents in the village to protect their crops from wild
imposed by the court and to the supervision of a probation
animals.
officer.
PRESUMPTION – an assumption of fact resulting from a rule of
law which requires such fact to be assumed from another fact
PROCEDURAL REQUIREMENTS – technical requirements at his office and perform other prosecution functions as
that must be met to bring a CLAIM, distinguishable from provided by law.
SUBSTANTIVE REQUIREMENTS.
PROSTITUTES – any woman who for money or profit,
PROHIBITED TRANSACTIONS – committed by appointive habitually indulge in sexual intercourse or lascivious conduct.
public officer, who, during his incumbency, shall become
PROTECTIVE ORDER – a criminal court order issued by a
interested in any transaction of exchange or speculation within
judge to protect victims of certain crimes.
the territory subject of his jurisdiction.
PROVINCIAL PRISONERS – those sentence to suffer a term of
PROMULGATION OF JUDGMENT – it is reading of the
imprisonment from 6 months and 1 day to 3 years or a fine of
judgment given to the accused.
not more than 1,000 pesos or both; those detained therein
PROOF OF LACK OF RECORD — A written statement signed waiting for preliminary investigation of their cases cognizable by
by an officer having the custody of an official record or by his the RTC.
deputy that after diligent search no record or entry of a
PROXIMATE CAUSE – the cause, which in the natural and
specified tenor is found to exist in the records of his office,
continuous sequence unbroken by any efficient intervening
accompanied by a certificate as above provided, is admissible
cause, produces the injury, without which the result would not
as evidence that the records of his office contain no such
have occurred.
record or entry.
PUBLIC DEFENDER – an attorney appointed and paid for by
PROOF OF PRIVATE DOCUMENT — Before any private
the state to represent an indigent criminal defendant.
document offered as authentic is received in evidence, its due
execution and authenticity must be proved. PUBLIC DOCUMENTS – are the written official acts, or records
of the official acts of the sovereign authority, official bodies and
PROOF OF TRUTH – in prosecutions for libel proof of truth
tribunals, and public officers, whether of the Philippines, or of a
may be given in evidence and if it appears that the matter
foreign country.
charged as libelous is true and that it was published with good
motives and for justifiable ends, the defendant shall be PUBLIC DOCUMENTS AS EVIDENCE — Documents
acquitted. consisting of entries in public records made in the performance
of a duty by a public officer are prima facie evidence of the facts
PROSECUTION – it is the legal process or method whereby
therein stated. All other public documents are evidence, even
accusations are brought before a court of justice to determine
against a third person, of the fact which gave rise to their
the guilt or innocence of the accused.
execution and of the date of the latter.
PROSECUTOR – a prosecutor is a public officer having an
PUBLIC OFFICERS – any person who, by direct provision of
authority to conduct legal actions concerning the complaint filed
the law, popular election or appointment by competent
authority, shall take part in the performance of public functions
in the government, or shall perform in said government or in taken when fire, earthquake, typhoon, volcanic eruption, or any
any of its branch’s public duties as an employee, agent, or other calamity or civil disturbance.
subordinate official, of any rank or class.
QUASI-JUDICIAL BODIES – there are administrative bodies
PUNISHMENT – the redress that the state takes against an under the executive branch performing quasi-judicial functions,
offending member of the society that usually involves pain and like the National Labor Relations Commission, Employees
suffering. Compensation Commission, Board of Transportation, etc., and
the Independent Constitutional Commissions which do not form
QUALIFIED BRIBERY – committed by a public officer who is
part of the Integrated judicial System. The same is true to the
entrusted with law enforcement and who refrains from arresting
Court Martial.
or prosecuting an offender who has committed a crime
punishable by reclusion Perpetua and/or death in consideration QUASI-RECIDIVISM – where a person commits a felony before
of any offer, promise, and gift or present. the death penalty beginning to serve or while serving a sentence on a previous
shall be imposed if it is the public officer who asks or demands conviction for a felony. This is a special aggravating
such gift or present. circumstance.
QUALIFIED DIRECT ASSAULT – the assault is committed with RANSOM – is any money price or consideration paid or
a weapon; the offender is a public officer or employee & the demanded for redemption of a captured person or a payment
offender lays hands upon a person in authority. that releases one from captivity.
QUALIFIED PIRACY – piracy or mutiny becomes qualified RAPE SHIELD – it means, in a prosecution for rape, evidence
when: whenever the pirates have seized a vessel by boarding of complainants past sexual conduct, opinions, and his or her
or firing upon the same; whenever the pirates have abandoned reputation shall not be admitted, unless the court finds it
their victims without means of saving themselves; or whenever material.
the crime is accompanied by murder, homicide, physical
REAL EVIDENCE – that which is addressed to the sense of the
injuries, or rape.
tribunal, as where objects are presented for the inspection of
QUALIFIED SEDUCTION – committed by any person in public the court.
authority, or priest, home servant, domestic guardian, teacher,
REBELLION OR INSURRECTION – committed by rising
or any person who, in any capacity, shall be entrusted with the
publicly and taking arms against the government for the
education or custody of a virgin over 12 but under 18 years of
purpose of removing from the allegiance to said government or
age who shall have carnal knowledge with her.
its laws, the territory of the rp or any part thereof, or any body of
QUALIFIED THEFT – theft is qualified if committed by a land, naval, or other armed forces, or depriving the chief
domestic servant, or with grave abuse of confidence, or if the executive or congress, wholly or partially, of any of its powers
stolen property is mail matter or coconut taken from coconut or prerogatives.
plantation, or fish taken from fishpond or fishery, or if property is
REBUTTAL EVIDENCE – that which is given to explain, repel, REITERACION OR HABITUALITY – where the offender has
counteract, or disprove facts given in evidence by the adverse been previously punished for an offense to which the law
party. attaches an equal or greater penalty or for two crimes to which
it attaches a lighter penalty. This is a generic aggravating
RECIDIVISM – where a person, on separate occasions, is
circumstance.
convicted of two offenses embraced in the same title in the
RPC. This is a generic aggravating circumstance. RELEASE – the stage wherein the convict, after serving his
sentence or period of probation or parole is finally granted the
RECIDIVIST – one who at the time of his trial for one crime,
right of a freeman by restoring his entire constitutional and civil
shall have been previously convicted by final judgment of
rights taken from him because of the commission of crime.
another crime embraced in the same title of the RPC.
RELEVANT EVIDENCE – that which has a tendency in reason
RECLUSION PERPETUA – after serving 30 years the convict
to establish the probability or improbability of a fact in issue;
may be pardon.
materiality has been used interchangeably with relevancy.
RECLUSION TEMPORAL – 12 years and 1 day to 20 yrs.
REMEDY – in legal terms, how a right is enforced, or the
REFUSAL OF ASSISTANCE – committed by a public officer, violation of a right is prevented, redressed, or compensated.
who to the damage of the public interest or to a third person,
REMOVAL, CONCEALMENT OR DESTRUCTION OF
upon demand from competent authority, shall fail to lend his
DOCUMENTS – committed by a public officer who to the
cooperation towards the administration of justice or other public
damage of a third party or the public interest shall remove,
service.
destroy, or conceal documents or papers officially entrusted to
REFUSAL TO DISCHARGE ELECTIVE OFFICE – committed him.
by any person who having been elected by election, shall
REPARETION – in case of inability to return the property
refuse without legal motive to be sworn in or to discharge the
stolen, the culprit must pay the value of stolen property.
duties of said office.
RESTITUTION – money ordered to be paid by a criminal
REGIONAL TRIAL COURTS – one which is presided by 720
defendant to a victim for expenses related to the crime.
regional trial court judges in each side of the regions of the
country. RESTRAINING ORDER – a civil court order to protect a family
or household member from physical abuse.
REGULAR COURTS - The Philippine judicial system consists
of a hierarchy of courts resembling a pyramid with the Supreme REVENGE – this literally means to retaliate. This is what most
Court at the apex. Under the Judiciary Reorganization Act of people feel and think of when others have committed acts
1980, otherwise known as the Batas Pambansa Bilang 129 the detrimental to the interest of their loved ones. It is the
other regular courts are: manifestation of uncontrollable impulses by one against another
who offended them.
RIGHT OF WAY – a rule which determines precedence SELF-SERVING EVIDENCE – one made by the party to favor
between two motor vehicles approaching an intersection, the his own interest. It is one made by a party out of court.
right of way being given to the mv on the right otherwise stated,
SENTENCE – a sentence is what a judge or jury formally
when two mv approach an intersection at approximately the
pronounces after a criminal defendant has been found guilty;
same time, the mv on the left should yield to the mv on the
the sentence is the consequence and/or penalty for the crime.
right.
SENTENCE MODIFICATION – a defendant’s written
RIGHT TO RESPECT WRITING SHOWN TO WITNESS —
application to the sentencing judge or court to reduce the
Whenever a writing is shown to a witness, it may be inspected
sentence. If the original sentence was more than three years,
by the adverse party.
the prosecutor must agree to hold a hearing.
RISK FACTORS – increasingly used to refer to individual or
SENTENCE REVIEW – a defendant’s written application to a
social factors which increase the probability of involvement in
three-judge panel to review the sentence. The application must
crime.
be filed within 30 days after being sentenced. A review decision
ROBBERY – is a crime committed by any person who, with can increase, decrease, or affirm the sentence.
intent to gain, shall take the personal property belonging to
SENTENCED PRISONERS – offenders who are committed to
another, by means of violence against or intimidation of any
the jail or prison to serve their sentence after final conviction by
person, or using force upon anything.
a competent court.
SECONDARY EVIDENCE – when original document is
SERVICES RENDERED UNDER COMPULSION IN PAYMENT
unavailable. — When the original document has been lost or
OF DEBT – committed by any person who, to require or
destroyed, or cannot be produced in court, the offeror, upon
enforce the payment of a debt, shall compel the debtor to work
proof of its execution or existence and the cause of its
for him, against his will, as household servant or farm laborer.
unavailability without bad faith on his part, may prove its
contents by a copy, or by a recital of its contents in some SEXUAL ASSAULT – includes rape and other forms of physical
authentic document, or by the testimony of witnesses in the attack of a sexual nature. see violence against women and
order stated. maltreatment of children.
SECURITY COUNCIL – organ of the United Nations comprised SIGNATORY STATES – states that have signed a particular
of five permanent members and ten non-permanent members treaty, convention, or covenant.
elected by the GENERAL ASSEMBLY; this influential body
attempts to bring about peaceful settlements of disputes. SIMILAR ACTS AS EVIDENCE — evidence that one did or did
not do a certain thing at one time is not admissible to prove that
SEDUCTION – it is enticing a woman to unlawful sexual he did or did not do the same or similar thing at another time;
intercourse by promise of marriage or other means of use or but it may be received to prove a specific intent or knowledge;
persuasion.
identity, plan, system, scheme, habit, custom or usage, and the SPECIAL RAPPORTEUR – official appointed to compile
like. information on a subject, usually for a temporary period.
SIMPLE IMPRUDENCE – consists in the lack of precaution STRIKING OUT ANSWER – should a witness answer the
displayed in those cases in which the damage impending to be question before the adverse party had the opportunity to voice
caused is not immediate nor is the danger clearly manifest. fully its objection to the same, and such objection is found to be
meritorious, the court shall sustain the objection and order the
SIMPLE SEDUCTION – committed by seducing a woman who
answer given to be stricken off the record.
is single or a widow of good reputation, over 12 but under 18
years old, committed by means of deceit. SUBCULTURE – the distinctive symbolic environment of a
criminal group, often embodying language, rituals, and symbols
SITUATIONAL CRIME PREVENTION – an approach to crime
that, when considered in relation to the study of crime and
prevention involving the management, design or
deviance, run counter to the legal constraints and conventional
implementation of the immediate environment in which crimes
understandings proffered by mainstream society.
occur in order to reduce opportunities for crime.
SUBPOENA – a command to appear in court to testify as a
SLANDER BY DEED – committed by any person who shall
witness.
perform any act not included in title 13, which shall cast
dishonor, discredit, or contempt upon another person. SUBSTANTIAL EVIDENCE – such relevant evidence as a
reasonable mind might accept as adequate to support a
SLAVERY – committed by anyone who shall purchase, sell,
conclusion.
kidnap or detain a human being for the purpose of enslaving
him. SUBSTITUTE CHARGE – in a criminal case, a charge that
replaces the original charge by the prosecutor.
SLIGHT ILLEGAL DETENTION – committed by any private
individual who shall commit the crimes described in article 267 SUMMARY PROCEDURE – refers to proceedings whereby
without the attendance of any of the circumstances therein criminal cases are speedily decided or resolved.
mentioned.
SYSTEM – a process; a coordinated body of method;
SOFT STATE – this pertains to a system of government organized way of work.
characterized by non-enforcement of several laws and
TERRITORIAL JURISDICTION – power to hear and decide
ordinances, massive graft and corruption, absenteeism on the
cases falling within a territorial limit.
part of government officials, lack of basic services and other
ugly symptoms. TEST OF COGNITION – when the accused committed the
crime while under complete deprivation of intelligence. We
SPANISH REGIME – Police force was considered part of the
follow this rule in determining insanity.
military system by the Spanish Government.
TEST OF VOLITION – when the accused committed the crime TRANSNATIONAL ORGANIZED CRIME – a relatively recent
while there is total deprivation of the freedom of will. term that is applied to activities carried out by crime groups
across jurisdictions, either by the same group or in collaboration
TESTIMONIAL OR ORAL EVIDENCE – evidence elicited from
with others. It is intended to reflect the globalizing tendency of
the mouth of a witness as distinguished from real and
organized crime.
documentary evidence.
TREACHERY – when the offender commits any of the crimes
TESTIMONY GENERALLY CONFINED TO PERSONAL
against the person, employing means, methods, or forms in the
KNOWLEDGE; HEARSAY EXCLUDED – a witness can testify
execution thereof which tend directly and specially to ensure its
only to those facts which he knows of his personal knowledge;
execution without risk to himself arising from the defense which
that is, which are derived from his own perception, except as
the offended party might make.
otherwise provided in these rules.
TREASON – committed by any Filipino citizen or a resident
TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING
alien who levies war against the Philippines or adheres to her
– the testimony or deposition of a witness deceased or unable
enemies, giving them aid or comfort within the Philippines or
to testify, given in a former case or proceeding, judicial or
elsewhere. no person shall be convicted of treason unless on
administrative, involving the same parties and subject matter,
the testimony of two witnesses at least to the same overt act or
may be given in evidence against the adverse party who had
on confession of the accused in open court.
the opportunity to cross-examine him.
TREATY – formal agreement between states that defines and
TIME SERVED – a sentence of incarceration equal to the
modifies their mutual duties and obligations; used
amount of time a defendant has already spent in custody
synonymously with convention. when national governments
waiting for his/her case to be resolved.
ratify treaties, they become part of their domestic legal
TOTAL INSTITUTION – an organization which controls all obligations.
aspects of people’s daily lives. Primarily associated with the
TRIAL – it is the examination done before a competent tribunal,
work of sociologist Erving Goffman, who saw the total institution
according to the laws of the land, of the facts in issue in a
as a social microcosm which was controlled by hegemony with
cause, for the purpose of determining such issue. The process
clear hierarchies and sets of rules. Examples include prisons,
by which the offended party represented by the public
schools, mental institutions, and workhouses.
prosecutor/private prosecutor to present all their evidence to
TRANSCRIPT – the official written record of everything said at prove that the offense charged was committed by the accused
a court proceeding. and that the offended party suffered damages, the accused will
also present his evidence to prove his innocence or to seek a
TRANSFER – assignment of a case to another court location lighter penalty.
by court order.
UNACCEPTED OFFER – an offer in writing to pay a particular
sum of money or to deliver a written instrument or specific
personal property is, if rejected without valid cause, equivalent UNLAWFUL ENTRY – when an entrance is affected by a way
to the actual production and tender of the money, instrument, or not intended for the purpose.
property.
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
UNCONDITIONAL DISCHARGE – a sentence in a criminal – committed by any person who shall: publicly use a fictitious
case in which the defendant is released without imprisonment, name for the purpose of concealing a crime, evading the
supervision, or conditions. execution of a judgment, or causing damage. conceal his true
name and other personal circumstances.
UNCONSCIOUS MIND – the part of the mind that is
inaccessible to the conscious mind, but which still affects USURPATION OF LEGISLATIVE POWERS – committed by a
behavior and emotions. public officer who shall encroach the powers of the legislative
branch of the government by making rules and regulations
UNCONTROLLABLE FEAR – offender employs intimidation or
beyond the scope of his authority, or by attempting to repeal a
threat in compelling another to commit a crime.
law or suspending its execution.
UNINTENTIONAL ABORTION – committed by any person who
VACATE – to cancel or rescind a court order.
shall cause an abortion by violence, but unintentionally.
VALIDITY – the extent to which the conclusions reached are
UNJUST INTERLOCUTORY ORDER – committed by any
credible and plausible.
judge who shall knowingly or by reason of inexcusable
negligence or ignorance shall render an unjust interlocutory VENUE – It is a geographical division in which an action is
order or decree. brought to trial or the place of trial for criminal action. It is a
territorial unit where the powers of the court were to be
UNJUST JUDGMENT – is a judgment that is contrary to law, or
exercised.
not supported by evidence or both.
VERDICTS AND SENTENCING – at the end of a trial, the
UNJUST VEXATION – any human conduct which, although not
magistrates (or the jury in a Crown Court) will bring in a verdict
productive of some physical or material harm, would unjustly
this derives from the Latin for a true statement. This verdict will
annoy or vex an innocent person.
be guilty or not guilty. After a verdict of guilty, the court will
UNLAWFUL APPOINTMENTS – committed by any public proceed to sentence. A sentence is a court order which
officer who shall knowingly nominate or appoint to any public specifies the penalty (from fines to community-based sanctions
office any person lacking the legal qualifications. to imprisonment) to be imposed and which gives legal authority
to agencies such as probation or the prison service to enforce
UNLAWFUL ARREST – committed by any person without that penalty.
being authorized by law, or without reasonable ground shall
arrest or detain another for the purpose of delivering him to the VICTIM BLAMING – ways of thinking about the causes of
proper authorities. criminal victimization which seek explanations from the
individual victim’s conduct and the victim’s relationship with the VIOLENCE – behavior that intentionally threatens or does
offender, rather than looking for wider social factors which help physical harm, and involves the infliction of emotional,
to explain victimization. In the context of police investigations, psychological, sexual, physical, and material damage.
victim blaming can take the form of disbelieving the victim’s
WARRANT – a court order directing a law enforcement officer
report of a crime being committed, or giving some types of
to make an arrest, a search, or a seizure.
incident lower priority on the grounds that the victim is less
deserving than others. WHEN TO MAKE OFFER – as regards the testimony of a
witness, the offer must be made at the time the witness is
VICTIM IMPACT STATEMENTS – a mechanism for allowing
called to testify.
victims of crime to give a written statement of the impact of the
offence upon them, materially and emotionally, so that courts WHITE SLAVE TRADE – committed by any person who, in any
and other criminal justice agencies can take this information manner, or under any pretext, shall engage in the business or
into account. An apparently straightforward and sensible shall profit from prostitution or shall enlist the services of any
innovation which has been controversial and largely ineffective other for the purpose of prostitution.
in practice.
WITNESS – the person who gives the testimony.
VICTIM SERVICES – a person who assesses a victim’s needs
and helps the victim. WORKHOUSE, JAIL FARMS OR CAMP – a facility that houses
minimum custody offenders who are serving short sentences or
VIOLATION OF DOMICILE – committed by a public officer or those who are undergoing constructive work programs.
employee who, not being authorized by judicial order shall:
enter any dwelling against the will of the owner thereof; search YOUTH OFFENDER – over 9 but under 18 at the time of the
any papers or other effects found therein without the previous commission of the offense.
consent of the owner; or refuse to leave the premises, after
having surreptitiously entered said dwelling and after having
been required to leave the premises.
VIOLATION OF NEUTRALITY – committed by any person who
when a war in which the Philippines is not involved, violates any
regulation issued by competent authority for the purpose of
enforcing neutrality.
VIOLATION OF PROBATION – action or inaction that disobeys
a condition of probation.